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C vv0 rLA- <br />-�� FAY / <br />3eeQ4V 3-7oD.� <br />UTILITY EASEMENT <br />(D 1 423CS, C j..Yd <br />RECORDED ON Lj�. 14 <br />08-27-2001 3:46:55 <br />TERRY J. REMAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC. FEE: 15.00 <br />fi4 PAGES: 4 <br />THIS indenture, made this Zd day of A dGasT ,2001, between Gary Held, whose <br />address is 53550 Poppy Road, South Bend, Indiana, hereinafter called "Grantor", and City <br />of South Bend, Indiana, whose address is 1300 County -City Building, South Bend, <br />Indiana, hereinafter called "Grantee". <br />WITNESSETH: That for ONE ($1.00) DOLLAR and other good and valuable <br />considerations, in hand paid the receipt of which is hereby acknowledged, Grantor does <br />hereby grant and convey to Grantee a right-of-way and easement for the construction, <br />operation, use, maintenance, repair, renewal, and removal of a sanitary sewer line including <br />the right to permit attachments of others to said facilities, in, on, along, under, across, and <br />through the following premises as described in the legal description attached hereto as <br />Exhibit "A" and depicted upon the Utility Easement Plat attached hereto as Exhibit "B", both of <br />which exhibits are incorporated herein by reference. <br />TOGETHER with the right of ingress and egress to, from, and over said Premises, and also <br />the right to cut or trim any trees and bushes, which may endanger the safety or interfere <br />with the construction and use of said facilities. <br />GRANTEE shall promptly repair or replace all physical damage on the Premises <br />proximately caused by the construction, operation, and maintenance of Grantee's facilities. <br />GRANTEE shall provide one service to the sanitary sewer main with waiver of connection <br />fee for the connection of one existing dwelling. The service shall be capped at the easement <br />line for connection at a time desired by the Grantor. <br />GRANTOR warrants that no structure or building shall be erected upon said easement. <br />AFTER the completion of said system, the Grantor reserves the full use of the land which <br />is not inconsistent with the existence and maintenance of said facilities, but does agree not <br />to change elevation or grade within the area of said easement without prior written consent <br />of Grantee. <br />IT is agreed that the foregoing is the entire contract between the parties hereto and that this <br />written agreement is complete in all its terns and provisions and shall be binding on their <br />respective representative, heirs, successors, and assigns. <br />Page 1 of 2 <br />