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GRANT OF PERPETUAL EASEMENT
<br />DRAINAGE EASEMENT
<br />THIS INDENTURE, made this R1day of � u 2004 by and between Ivy
<br />Tech State College, (hereinafter "Grantor"), and the Ci�'Al City of South Bend, (hereinafter
<br />"Grantee").
<br />WITNESSETH:
<br />That for One Dollar (S 1.00) and other good and valuable consideration, the receipt of which
<br />Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a non-
<br />exclusive perpetual drainage easement of the nature and at the location hereinafter set forth and
<br />described for the installation, construction, operation, tilaintenance, adjustment, replacement, repair,
<br />alteration, removal, modernization, and use as a drainage easement to allow drainage from South
<br />Bend Fire Department Central Station, together with the right of ingress to and egress from said
<br />easement for the purpose of installing, constructing, operating, maintaining, adjusting, replacing,
<br />repairing, altering, removing, and modernizing said drainage easement and other equipment or
<br />facilities incident thereto, in, upon, over and under the following described real estate in the City of
<br />South Bend, St. Joseph County, State of Indiana, briefly described as follows:
<br />A part of Lot No. 1 A of Ivy Tech 2ND Minor Subdivision to the City of South Bend,
<br />a subdivision in the Northwest Quarter of Section 13, Township 37 North, Range 2
<br />East, Portage Township, as recorded in Instrument No. 0341350 in the Office of the
<br />Recorder of St. Joseph County, Indiana, and being that part o the grantor's land lying
<br />within the drainage easement lines depicted on the attached Right of Way Parcel Plat
<br />marked EXHIBIT "B", described as follows:
<br />Commencing at the Southwest corner of said Lot No. IA, also being the Southeast
<br />comer of Lot No. 2 of said Ivy Tech 2ND Minor Subdivision; thence North 0° 58' 42"
<br />East along a West line of said Lot No. 1 A and the East line of said Lot No. 2 a
<br />distance of 58.31 feet to the North line of an existing drainage easement in favor of
<br />Lot No. 2 and a point designated "554" on said Exhibit "B" and the point of begiraing
<br />of this description; thence North 0° 58' 42" East along said east line and said east line
<br />prolonged a distance of 341.69 feet to the point designated "559" on said Exhibit
<br />"B"; thence South 89' 01' 18" East a distance of 5.00 feet to the point designated
<br />"560" on said Exhibit "B"; thence South 0° 58' 42" West along a Iine parallel to said
<br />east line a distance of 339.85 feet to the North Iine of an existing drainage easement
<br />in favor of Lot No. 2 and the point designated "558" on said Exhibit "B"; thence
<br />South 70' 49' 26" West along said North line a distance of 5.33 feet to the point of
<br />beginning and containing 0.039 acres, more or less.
<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, and its successors, successors in
<br />interest and assigns, to the nature and extent Grantee may desire said rights and interests to
<br />accomplish and carry out the general purpose of this conveyance as the same has been hereinabove
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