#2833- Deed; GRANT OF PERMANENT EASEMENT Sewer & Water

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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, Indiana, and expressly includes 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. Furthermore, the easement granted herein is subject to two conditions: 1) The new fire hydrant that is to be placed within the easement is to be placed in such a manner as to retain all established parking spaces so that no existing and delineated parking space (presently 47 spaces) will be lost; 2) that any damage to the existing asphalt parking area due to the construction and maintenance of the sewer and water lines, and the placement and maintenance of the fire hydrant, will be repaired in a timely manner to then existing conditions at the expense of the City of South Bend. This second condition does not commit the City of South Bend to be responsible for maintenance or repairs to the parking area due to normal wear and tear not directly related to the maintenance of the public utilities. The Grantor reserves the right to use and occupy the surface area on and over the cy does not in any way conflict or obstruct the easement provided that said use and occupan Grantee's right to use said surface for the purposes and intentions hereinabove expressed. The easement granted herein and the associated benefits and obligation, shall constitute covenants running with the real estate, and shall be binding upon the Grantor and be an obligation thereof of every person or entity now or hereafter in perpetuity having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. The Grantor hereby covenants with the City of South Bend that he/she/they is/are lawfully seized and possessed of the parcel of real estate hereinabove described; that he/she/they has/have good and lawful right to convey and that the property is free of all encumbrances that would conflict with the right herein granted. The Grantor hereby releases the Grantee from any and all claims of whatsoever cause, incidental to the exercise of any rights herein granted. IN WITNESS WHEREOF, Grantor has executed this Grant of Permanent Easement for a sanitary sewer and a water system on the date shown on the acknowledgment set forth herein.