#2676- Deed; GRANT OF TEMPORARY EASEMENT NE corner of parcel thence south along the west

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