#2674- Deed; GRANT OF TEMPORARY EASEMENT 10 ft off entire east end of the parcel

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GRANT OF TEMPORARY EASEMENT SANITARY SEWER AND WATER THIS IlVDENTURE made this day of March , 2001, by and between Paul A & Rose Totten of 61341 U S 31 S, and the Civil City of South Bend, Indiana, by and through its Board of Public Works (Grantee), in favor of the Civil City of South Bend, its successors and assigns. WITNESSETH: For good and valuable consideration, the receipt of which Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a temporary easement of the nature and at the location hereinafter set forth as described for the installation and construction of a sanitary sewer and water system and related facilities, together with the right of ingress to and egress from said easement for the purpose of installing and constructing said system and other equipment or facilities incidental thereto, in, upon, over and under the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly described as follows: The ten feet (10') off of the entire east end of the parcel identified as Tax Key Number 01- 1051-1369, Centre Township, St. Joseph County, Indiana. The easement granted herein shall pertain to the air surface and subsurface rights and interests of the Grantor, for the use and benefit of the Grantee, to the nature and extent that the Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out the general purpose of this conveyance as the same has hereinabove been expressed. The easement hereby granted is for the exclusive benefit of the City of South Bend, Indiana, and expressly includes the right and privilege at reasonable times to clean and remove from said easement such timber, brush, debris, or other obstructions interfering with installation and construction ofthe sanitary sewer and water systems. The Grantee shall restore that area disturbed by its works to as near the original condition as possible. Specifically, any landscaping or other structures damaged or removed as a result of the construction activity will be repaired or replaced, including driveway approaches and culverts. The drainage ditch will also be re -shaped and sodded. Landscaping, including trees, if replaced, will need to be replaced on your property. The Grantor reserves the right to use and occupy the surface area on and over the easement provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use said surface for the purposes and intentions hereinabove expressed. The easement granted herein and the associated benefits and obligation, shall constitute covenants running with the real estate, and shall be binding upon the Grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate.