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When City water and sewer services are available to the area encompassing 20047 <br />Kern Road, the City will supply a tap at no charge. <br />The easements 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 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 sewer systems 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 Grantors reserve 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 Grantors 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 />This indenture shall bind and inure to the benefit of the respective successors and assigns of <br />the parties hereto. <br />The Grantors hereby covenant with the City of South Bend that they are lawfully seized and <br />possessed of the parcel of real estate hereinabove described; that they have good and lawfiil right to <br />convey and that the property is free of all encumbrances that would conflict with the right herein <br />granted. <br />The Grantors hereby release any and all claims from whatsoever cause, incidental to the <br />cxcrc:sc o£ any riLzhts hart;" �"V V tcd- <br />IN WITNESS WHEREOF, Grantors have executed this Grant of Easements for sanitary <br />sewer system and water line on the date shown on the acknowledgment set forth herein. <br />GRANTORS: <br />Mark J. Ma staff <br />GRANTEE: <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />*'j <br />Gary A. Gilot, President <br />