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00238- 3G
<br />THIS INDENTURE made this day of
<br />000, by and between Thomas E. Gyuriak
<br />Sr. and Carol M. Gyuriak (Grantors) and the Civil Cit of south Bend, Indiana, by and through its
<br />Board of Public Works (Grantee), in favor of the Civil City of South Bend, its successors and
<br />assigns.
<br />GRANT OF EASEMENT
<br />SANITARY SEWER
<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, maintcnance, 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, constricting, 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 parcel of land being a part of the East half of the Southeast quarter of Section 36,
<br />Township 37 North, Range 2 East, Centre Township, City of South Bend, St. Joseph
<br />County, Indiana, Key Number 23-1037-2084, and being described as follows:
<br />Beginning at the Southeast corner of Lot 4, Miami Woods unrecorded subdivision
<br />(said corner being on the West right-of-way Line of Miami Street); thence West a
<br />distance of 15 feet along the South property line of Lot 4; thence North 100 feet
<br />parallel to the West right-of-way of Miami Street to the North line of Lot 4; thence
<br />East 15 feet to the West right-of-way line of Miami Street; thence South,100 feet,
<br />along the West right-of-way line of Miami Street to the place of beginning.
<br />Containing approximately .034 acres more or less and being commonly known as
<br />6115 Miami Road, South Bend, Indiana.
<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 cart' 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 />
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