GRANT OF EASEMENT
<br />Dn 5� SANITARY SEWER
<br />THIS INDENTURE made this O d y of�� L ZO00, by and between Terrance M. Taylor
<br />and Ana M. Taylor (Grantors) and the Civil City of South Bend, Indiana, by and through its Board
<br />of Public Works (Grantee), in favor 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 of which
<br />Grantors hereby acknowledge, Grantors hereby grant, convey, and warrant to Grantee a pennanent
<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 (20) as shown on the recorded plat of Hartman Terrace
<br />Subdivision, as recorded in Plat Book 18, Page H, twenty (20) feet wide, found north
<br />and 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 75.0 feet north
<br />of the centerline of said tower line easement of which centerline is found intersecting
<br />the east line of said Lot 20 approximately 164.9 feet south of the Northeast corner of
<br />said Lot 20; 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 20. Containing 0.04
<br />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 />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 />
|