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Hold
<br />t3onu'\ J `o PI v-)
<br />GRANT OF EASEMEN'C
<br />SANITARY SEWER QO PR 25 Ail 8:
<br />THIS INDENTURE made this day ofA1 rF , 2000, by,-.rC-t)i I don l 4 'aul Utz,
<br />Jr. and Nancy Utz(Grantors) and tine Civil City of South Bend, Indiana,:> j'arid thr A44 its Board of
<br />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 Fifteen (15) as shown on the recorded plat of Hartman Terrace
<br />Subdivision, as recorded in Plat Book 18, Page H, in the records of the St. Joseph
<br />County Recorders ofl ice, being twenty (20) feet wide, found within an existing tower
<br />line easement in favor of American Electric Power Company (formerly known as
<br />Indiana and Michigan Electric Company), with the centerline of said 20-foot wide
<br />easement beginning at a point found intersecting the East line of said Lot 15
<br />approximately 182.4 feet south of the Northeast comer of said Lot 15; thence
<br />proceeding westerly along a line parallel with the North line of said Lot 16 to a point
<br />of termination 22.3 feet west of the east line of said Lot 15. Containing 0.04 acres
<br />more or less. Subject to all legal highways, easements and restrictions of record.
<br />The casement 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 fz-om said easement such timber,
<br />brush, debris, or other obstnictions 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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