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GRANT OF TEMPORARY EASEMENT <br />SANITARY SEWER AND WATER <br />THIS IlVDENTURE made this day of March , 2001, by and between <br />Paul A & Rose Totten of 61341 U S 31 S, and the Civil City of South Bend, Indiana, by and <br />through its Board of Public Works (Grantee), in favor of the Civil City of South Bend, its successors <br />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 />the location 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 ten feet (10') off of the entire east end of the parcel identified as Tax Key Number 01- <br />1051-1369, 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. <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 />The easement 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 />