Laserfiche WebLink
Hol d ` [3LrLA� t' *0 <br />GRANT OF EASEMENT <br />00 APR 25 Aft 8: [0 <br />SANITARY SEWER <br />THIS INDENTURE made this 1r day of/ iL, 20067b ," 1J, (4-,VWQUDRMiller and Lou <br />T. Miller (Grantors) and the Civil City of South Bend, Indiana, b'.'grid, ,bJd&+ is 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 valuab le 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, 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 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. <br />