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43
<br />t-
<br />Rena
<br />Public
<br />GRANT OF EASEMENT
<br />00 ��r (. 23 A 10: 0S
<br />SANITARY SEWER
<br />TH IS INDENTURE made this day of 1�.r�rt% 2000, by and belween�Pai►l M. S,fori�rr3nd
<br />B. Storm (Grantors) and the Civil City of South Bend, Indiana, by and thro�rgh its Board of
<br />Works (Grantee), in lavor of the Civil City of South Bend, its successors and assigns.
<br />WITNESSETH:
<br />That for One Dollar ($1.00) and other good and valuable consideration, the receipt ofwhich
<br />Grantors hereby acknowledge, Grantors hereby grant. convey, and warrant to Grantee a per►nanent
<br />easement of the nature and at the location hereinafter set forth as described for the installation,
<br />construction, operation, maintenance, adjustment, replacement, repair, alteration, removal,
<br />modernization, and use of a sanitary sewer system and related facilities, together with the right of
<br />ingress to and egress from said easement for the purpose of installing, constructing, operating,
<br />maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said system and
<br />other equipment or facilities incident thereto, in, upon, over and under the following described real
<br />estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described as follows:
<br />A part of Lot Number Twenty-three (23) as shown on the recorded plat of Hartman
<br />Terrace Subdivision, as recorded in Plat .Book 18, Page H, in the records of the St.
<br />Joseph County Recorders Office, being twenty (20) feet wide, found north and
<br />adjacent to an existing tower line easement in favor of American Electric Power
<br />Company (formerly known as Indiana and Michigan Electric Company), with the
<br />centerline of said 20 foot wide easement beginning at a point found 75.5 feet north
<br />of the centerline of said tower line easement of which centerline is found intersecting
<br />the East line of said Lot 23 approximately 159.9 feet south of the Northeast confer
<br />of said Lot 23; thence proceeding southwesterly along a line parallel with said tower
<br />line easement for a distance of 59.8 feet; thence westerly and parallel with said tower
<br />line easement to a point of termination on the west line of said Lot 23. Containing
<br />0.04 acres more or less. Subject to all legal highways, easements and restrictions of
<br />record.
<br />The easement granted herein shall pertain to the air surface and subsurface rights and
<br />interests of the Grantors, for the use and benefit of the Grantee, to the nature and extent that the
<br />Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out
<br />the general purpose of this conveyance as the same has hereinabove been expressed. The easement
<br />hereby granted is for the exclusive benefit of the City of South Bend, Indiana, and expressly includes
<br />the right and privilege at reasonable times to clean and remove from said easement such timber,
<br />brush, debris, or other obstructions interfering with the sanitary sewer system.
<br />The Grantee shall restore that area disturbed by its works to as near the original condition as
<br />possible.
<br />The Grantors reserve the right to use and occupy the surface area on and over the easement
<br />
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