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GRANT OF EASEMENTS <br />EXTENSION OF SANITARY SEWER AND SOUTH SIDE WATER LINE <br />THIS INDENTURE made this �, day of ke.—A-1, <br />2000, by and between RLB 1 LLC. <br />(Grantor) 61045 South Main, South Bend, IN 46614 and the Civil City of South Bend, Indiana, by <br />and through its Board of Public Works (Grantee), in favor of the Civil City of South Bend, its <br />successors and assigns. <br />WITNESSETH: <br />That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which <br />Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee temporary <br />and pen;anent easements of the nature and at the location hereinafter set forth as described for the <br />installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, <br />removal, modernization, and use of sanitary sewer system, water line and related facilities, together <br />with the right of ingress to and egress from said easement for the purpose of installing, constructing, <br />operating, maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said <br />system and other equipment or facilities incident thereto, in, upon, over and under the following <br />described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described <br />as follows: <br />SEE EXHIBIT "D" <br />AS PART OF OVERALL SCHEME SEE EXHIBIT "A" <br />The easements granted herein shall pertain to the air surface and subsurface rights and <br />interests of the Grantor, 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 easements <br />hereby granted are for the exclusive benefit of the City of South Bend, Indiana, and expressly <br />include the right and privilege at reasonable times to clean and remove from said easements such <br />timber, brush, debris, or other obstructions interfering with the sanitary sewer system and water line. <br />The Grantee shall restore that area disturbed by its works to as near the original condition as <br />possible. <br />The Grantor reserves the right to use and occupy the surface area on and over the easements <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 />The easements granted herein and the associated benefits and obligation, shall constitute <br />covenants running with the real estate, and shall be binding upon the Grantor and be an obligation <br />thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all <br />or any part of the said real estate. <br />