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001d - o cuA? t A40
<br />00197G9
<br />33PLA5C".
<br />GRANT OF EASEMENT
<br />SANITARY SEWER 00 APR 25 AM8: 10
<br />THIS INDENTURE made this 1 l- day oD&/i , 200b! ved U: :Miller and Lou
<br />T. Miller (Grantors) and the Civil City of South Bend, Indiana,.', aricl ijibu`��its Board of Public
<br />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 permanent
<br />easement of the nature and at the location hereinafter set forth as described for the installation,
<br />construction, operation, maintenance, adjustment, replacement, rcpair, alteration, removal,
<br />modernization, and use of 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 Seventeen (17) 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 within an
<br />existing tower line easement in favor of American Electric Power Company
<br />(formerly known as Indiana and Michigan Electric Company), with the centerline of
<br />said 20-foot wide easement beginning at a point found intersecting the East line of
<br />said Lot 17 approximately 182.4 feet south of the Northeast corner of said Lot 17;
<br />thence proceeding westerly along a line parallel with the North line of said Lot 17 to
<br />a point of termination on the west line of said Lot 17. Containing 0.04 acres more or
<br />less. Subject to all legal highways, easements and restrictions of 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 ofthe 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.
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