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GRANT OF EASEMENT <br />'a QO ii�li �3 r.i i 10� 0 <br />SANITARY SEWER <br />THIS INDENTURE made this 7 clay of MW j�, 2000, by and,bet 'ecn Shz A <br />Carrico, (Grantor) and the Civil City of South Bend, Indiana, by and through its Board of 'POlic <br />Works (Grantee), in favor of the Civil City of South Bend, its successors and assig►is. <br />WITNESSETH: <br />That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which <br />Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a permanent <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 tinder 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 Eighteen (1 8) 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 begirming at a point found 75.0 feet north <br />of the centerline ofsaid lower line easement of which centerline is found intersecting <br />the East line of said Lot 18 approximately 164.8 feet south of the Northeast corner <br />of said Lot 18; thence proceeding westerly along a line parallel with said tower line <br />easement to a point of termination on the west line of said Lot 18. Containing 0.04 <br />acres more or less. Subject to all legal highways, easements and restriction of record. <br />The easement granted herein shall pertain to the air surface and subsurface rights and <br />interests of the Grantor, 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 Grantor reserves the right to use and occupy the surface area on and over the easement <br />provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to <br />use said surface for the purposes and intentions hereinabove expressed. <br />