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P-1/1 <br />0/),092,Z, <br />GRANT OF TEMPORARY EASEMENT u �' <br />SANITARY SEWER AND WATER �Cf� <br />THIS INDENTURE made this day of �, 2001, by and -- <br />Kevin J Breen & Ronald Scott White of 61281 U S 31 S. and the Civil City of South Bend, <br />Indiana, by and through its Board of Public Works (Grantee), in favor of the Civil City of South <br />Bend, its successors and assigns. <br />WITNESSETH: <br />For good and valuable consideration, the receipt of which Grantor hereby acknowledges, <br />Grantor hereby grants, conveys, and warrants to Grantee a temporary easement of the nature and at <br />thelocation hereinafter set forth as described for the installation and construction of a sanitary sewer <br />and water system and related facilities, together with the right of ingress to and egress from said <br />easement for the purpose of installing and constructing said system and other equipment or facilities <br />incidental thereto, in, upon, over and under the following described real estate in the City of South <br />Bend, St. Joseph County, State of Indiana, briefly described as follows: <br />The twenty feet (20') off of the entire east end of the parcel identified as Tax Key Number <br />O1-1051-1367, Centre Township, St. Joseph County, Indiana. <br />The easement 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 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 installation and construction ofthe sanitary sewer <br />and water systems. <br />The Grantee shall restore that area disturbed by its works to as near the original condition as <br />possible. Specifically, any landscaping or other structures damaged or removed as a result of the <br />construction activity will be repaired or replaced, including driveway approaches and culverts. The <br />drainage ditch will also be re -shaped and sodded. Landscaping, including trees, if replaced, will <br />need to be replaced on your property. A 30' long barrier is to be erected across the front of the <br />property in the general location of the two existing tress, to the north of the entry drive, consisting <br />of either pressure -treated or cedar wood posts anchored in the ground. The posts are to be a <br />minimum 8 inches square (8"), with cross ties that are a minimum 4 inches (4") square. The <br />construction and existence of this barrier is no guarantee that it will be an effective barrier to prevent <br />vehicle traffic, in the event of accidents, from going onto the property. <br />The Grantor reserves 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. <br />F <br />3 <br />