Laserfiche WebLink
UTILFV� EASEMENT <br />THIS indenture, made this i' day of Gr1 ,2001, between John J. Byler and Martha <br />M. Byler, husband and wife, whose addre is 53500 Poppy Road, South Bend, hldiana, <br />hereinafter called "Grantor", and City of South Bend, Indiana, whose address is 1300 <br />County -City Building, South Bend, Indiana, hereinafter called "Grantee". <br />WITNESSETH: That for ONE (S 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 Exlvbit "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 anv 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 constriction, 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 conncction of one existing dwelling. The service shall be capped at the easement <br />line for connection at a time desired by the Grantor. <br />GRANTEE shall bury sanitary sewer manhole castings and maintain same below the plow <br />line until such time as the easement area is no longer permanently used for agriculture <br />production. <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 terms and provisions and shall be binding. on their <br />respective representative, heirs, successors, and assigns. <br />Page 1 of 2 <br />A <br />