#2947- Deed; GRANT OF EASEMENT to City of South Bend from May Oberfell Lorber - Part of SE quarter of NE quarter of Section 33 Twnshp 38 N, Range 2 E, Portage Township

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a RECORDED ON n 11/24/2004 10:08:19AM / !� „ i1 TERRT J. HRETHLAKE COUNTY Return to: C�JLC �/j LAG ( ST. JOSEF'H COUNTY RECORDER REC FEE: $19.00 PAGES: 6 GRANT OF STORM SEWER EASEMENT THIS INDENTURE WITNESSETH, that Appletree Associates, Inc., a Pennsylvania Partnership ("Grantor"), for One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, grants and conveys to the City of South Bend, an Indiana municipal corporation and its grantees, successors and assigns, ("Grantee") for the, benefit of the land described in Exhibit "A", attached hereto and made a part hereof, a permanent storm sewer easement for the construction and maintenance of a municipal storm sewer, over and under the real estate (the "Easement Property") in German Township, St. Joseph County, Indiana, described in Exhibit "B", attached hereto and made a part hereof and further depicted on Exhibit "C" attached hereto and made a part hereof. Such easement grant includes the right to enter onto the Easement Property to construct, repair, maintain and operate therein a storm sewer line and appurtenances thereto including any manholes, equipment, fixtures and facilities comprising a part of or being used in connection with the storm sewer line (the "Sewer Line"); provided, however, that the Easement Property shall subsequent to any such construction, repair, maintenance or operation be restored to at least as good a condition and appearance as existed prior to such entry, including the replacement of existing grass sodding. Any installation, maintenance, repair and/or replacement of the Sewer Line and appurtenances within the Easement Property shall be performed as expeditiously as possible in accordance with good construction practice (including, without limitation, taking all measures to prohibit injury to person or damage to property) and so as to minimize interference with the use by the owner thereof of the lands adjacent to the Easement Property, and to ensure Grantor complete and unfettered ingress and egress to its property during construction. In the exercise of its rights hereunder, Grantee shall at all times comply with the terms and provisions of all easements affecting the Easement Property heretofore recorded in the Office of the Recorder of St. Joseph County, Indiana. Grantee by undertaking to enjoy the rights granted by this Grant of Easement shall be deemed to have agreed to defend, hold harmless and indemnify Grantor from and against any and all liability resulting from the acts and work performed by Grantee, its agents, employees or designees in, Loader, or around the Easement Property pursuant to rights granted by this Grant of Easement. The terms and provisions of this Grant of Easement shall be binding upon and shall inure to the benefit of Grantor and Grantee and their respective successors and assigns.