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<br />RECORDED ON
<br />GRANT OF EASEMENT 05-11--2001 10:13:12
<br />TERRI J. RETHLAKE
<br />SANITARY SEWER ST. JOSEPH COUNTY
<br />41, RECORDER
<br />THIS INDENTURE made this j� day of , 2 00 1, bflhgeeeen3a6rc41
<br />Oudghiri and Cynthia Oudghiri, 61087 U.S. 31 South, South Bend, Indiana, 46 4, (Grantors) and
<br />the Civil City of South Bend, Indiana, by and through its Board of Public Works (Grantee), in favor
<br />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 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 Strip of Land lying West of the U.S 31 South in the North Half of the Northeast
<br />Quarter in Section 2, Township 36 North, Range 2 East in Centre Township, St.
<br />Joseph County, Indiana, said strip being twenty (20.00) feet in width, lying 20.00 feet
<br />westerly of a Line through the parcel described to Omar and Cynthia Oudghiri in
<br />Transfer Document No. 4698, dated July 6, 1999, in the Office of the Centre
<br />Township Assessor of St. Joseph County, Indiana, said Line being the East line of
<br />said property and more particularly described as follows:
<br />Beginning at a point on the West Line of the U.S. 31 South located 330 feet south of
<br />the centerline of Kern Road, said point being the northeast corner of said parcel of
<br />land, thence continuing south 104.2 feet along said West Line of the U.S. 31 South,
<br />said West Line also being the east line of said property, to the south line of said
<br />property. Strip sidelines are lengthened or shortened in order to terminate on the
<br />North and South lines of said Omar and Cynthia Oudghiri Parcel. Tax Key # 01-1051-
<br />1355
<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 of the City of South Bend, Indiana, and expressly includes
<br />the right and privilege at reasonable times to clean and remove from said easements such timber,
<br />brush, debris, or other obstructions interfering with the sanitary sewer system.
<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
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