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RECORDED ON <br />GRANT OF TEMPORARY EASEMENT 04-20-2001 9:05:28 <br />TERRI J. REMAKE <br />SANITARY SEWER AND WATER ST. JOSEPH COUNTY <br />C RECORDER <br />THIS INDENTURE made this- day of *taTuh , 200l, by and E: 13.00 <br />Duane O. & Virginia M. Zei er of 6409 Cedar Trail., and the Civil City of Southlend, <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 />the location hereinafter set forth as described for the installation and constriction 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 />A parcel of land beginning at a point at the NE corner of a parcel identified as Tax Key <br />Number 23-1002-0022, Centre Township, St. Joseph County, Indiana; thence south along <br />the west right-of-way line of US 31 South approximately 30'; thence west perpendicular to <br />the west right-of-way line of US 31 South approximately 30'; thence north parallel to the <br />west right-of-way line of US 31 South approximately 20' to the north property line of said <br />parcel; thence east along the property line of said parcel to the west right-of-way line of US <br />31 South and the point of beginning. <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, Tndiana. and expressly.; ncl Udes <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 of the 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 a-.ght 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 />