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GRANT OF EASEMENT API, 1 2002 <br />Oi FIGE l.7:?YOR <br />LINDEN AVCN S It)EJCT LIGHTING CITY OF <br />THIS INDENTURE made this day of , 2002, by Soul City Church of <br />God (Grantor), and the Civil City of South Bend, by and throng i its Department of Public Works <br />(Grantee), its successors and assign. <br />WHEREAS, Grantor represents and warrants that it is the fee simple titleholder to certain <br />real estate located in St. Joseph County, State of Indiana, described more particularly as follows: <br />Lot Numbered 21 as shown on the recorded Plat of Oak Grove Addition to the City <br />of South Bend, in the Office of the Recorder of the St. Joseph County, Indiana; and <br />The East 6 Feet of Lot Numbered 22 as shown on the recorded Plat of Oak Grove <br />Addition to the City of South Bend, in the Office of the Recorder of the St. Joseph <br />County, Indiana. Commonly known as 2102 Linden Avenue; and <br />WHEREAS, Grantee desires and Grantor is willing to grant an easement to Grantee for the <br />purpose of the installation and maintenance of street lighting and accompanying underground <br />lighting circuit on a portion of the above described real estate. <br />WITNESSETH: <br />That for good and valuable consideration, Grantor hereby grants, conveys, and warrants to <br />Grantee a permanent easement of the nature and at the location hereinafter set forth as described for <br />the purpose of the installation and maintenance of street lighting and accompanying underground <br />lighting circuit and onto the following described real estate in the City of South Bend, St. Joseph <br />County, State of Indiana, described more fully as follows: <br />The North 5 feet of Lot Numbered Twenty One 21 for a distance of 36 feet east and <br />west as shown on the recorded Plat of Oak Grove Addition to the City of South <br />Bend, in the Office of the Recorder of the St. Joseph County, Indiana.; and <br />The North 5 feet of Lot Numbered Twenty Two 22 for a distance of 6 feet east and <br />west as shown on the recorded Plat of Oak Grove Addition to the City of South <br />Bend, in the Office of the Recorder of the 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 the installation and maintenance of street lighting and accompanying <br />underground lighting circuit as the same has been heretofore expressed. The easement granted <br />hereby is for the exclusive benefit of the City of South Bend. <br />The Grantor reserves the right to use and occupy the surface area on and over the easements <br />provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to <br />