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Easement No. 17-F Map No. 1906
<br />Line: 92-181 South Bend -West Side
<br />Work Order: 4045990406
<br />RIGHT Or WAY AND EASEMENT
<br />1
<br />THIS RIGHT OF WAY AND EASEMENT, made this -4- day of October, 2004, by and between THE
<br />CITY OF SOUTH BEND, INDIANA, by and tlU-ough its Board of Public Works, herein called "Grantor", whether
<br />one or more persons, and INDIANA MICHIGAN POWER COMPANY an Indiana Corporation, whose business
<br />address is 1 Riverside Plaza, Columbus, Ohio 43215, herein called "Grantee".
<br />WITNFSSETH:
<br />That in consideration of One and 00/100 Dollars ($1.00), and other valuable consideration, the receipt of which is
<br />hereby acknowledged, and covenants hereinafter set forth, Grantor hereby grants, conveys, and warrants to the
<br />Grantee, its successors, assigns, lessees, tenants and invitees, a permanent right of way and easement for an electric
<br />transmission, distribution and communication line or lines, on, over, under, through and across the following
<br />described lands of the Grantor, situated in the State of Indiana, St. Joseph County, Portage Township, Section No.
<br />10, Township No. 37-North, Range No. 2-Bast.
<br />t Tax ID: 18-2040-1375.02
<br />Grantor claims title by the instrument recorded as Document No. 0447591 of the St. Joseph County Recorders
<br />Office
<br />The right of way and easement shall be more fully described and depicted on Exhibit "A", a copy of which
<br />is attached hereto and made a part hereof.
<br />TOGETHER WITH THE FOLLOWING RIGHTS: FACILITIES: Grantee has the right to construct,
<br />reconstruct, operate, maintain, alter, inspect, patrol, protect, repair, replace, renew, enlarge, upgrade, relocate within
<br />the above described right of way and easement, remove and replace poles, including cross -arms, conductors, wires,
<br />insulators, and all other appurtenant equipment and fixtures, and string conductors, wires and cables, together with
<br />the right to add to said facilities from time to time, for doing anything necessary or useful or convenient for the
<br />enjoyment of the right of way and easement herein granted, also the privilege of removing at any time any or all of
<br />said facilities erected on, over, under, through and across said lands of the Grantor.
<br />BUILDINGS, STRUCTURES, OBSTRUCTIONS AND TREES IN EASEMENT: Grantee has the right in its
<br />discretion to cut down, trim, and otherwise control, using herbicides or other means, and at the Grantee's option,
<br />remove from said right of way and easement any and all trees, overhanging branches, brush, buildings, structures, or
<br />other obstructions. Grantee shall also have the right to trim, cut down, remove, and otherwise control trees situated
<br />on lands of the Grantor which adjoin the right of way and easement, when in the opinion of the Grantee those trees
<br />may endanger the safety of, or interfere with the construction, operation or maintenance of said facilities.
<br />INGRESS AND EGRESS: Grantee shall have the right of unobstructed access, at any and all times, over and
<br />across the right of way and easement, and the right of ingress and egress in and over existing or future roads and
<br />lanes and other reasonable routes outside the right of way and easement. In the event there is no existing road or lane
<br />to the right of way and easement as provided for in this easement, the Grantor will provide a mutually agreed upon
<br />reasonable ingress -egress route over the Grantor's lands, and any of the adjoining lands of the Grantor, for the
<br />purpose of exercising and enjoying the rights granted.
<br />It is understood and agreed between the parties hereto that:
<br />The Grantor reserves the right to cultivate, pasture or otherwise use said lands in any way not inconsistent with the
<br />rights herein granted. However, no building, structure, obstruction, advertising device, dumpster, light pole,
<br />swimming pool, deep well, storage tank or hazardous/flammable material shall be erected, permitted, placed or
<br />stored by the Grantor within the above described right of way and easement herein granted.
<br />No mounding, fill, water impoundment or tree plantings shall be permitted within the right of way and easement
<br />without the written permission of the Grantee.
<br />HAWPDATAVOHN Llbosch 171 1906.doc
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