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IZJC 1 12) E!88
<br />RECORDED AS PRESENTED ON
<br />{ 41
<br />1, i-,F..?
<br />PROJECT: STP-9971(053)
<br />PARCEL: 10
<br />Al C;)15' � I
<br />03/21/2006 12:29:47PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $17.00
<br />PAGES: 5
<br />PEi PL-I'VAL LJ111,11'V EASEIVfEN'll'
<br />(FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING
<br />OF UTILITY STRUCTURES)
<br />THIS INDENTURE WITNESSETII, That __Sharon Hitchcock and Le 1-fi Ilco k
<br />(lie Gramor(s), of S1. Joseph County, in the State of In i n Grant(s) t0 the City Of Soutll Bend, State of
<br />Illdkalia, the Grantee, for and in Col351deratI013 of line slllll Of. Tr it vi 00 100 Dollars ($ l 0 0() _), and,olher valuable
<br />consldl:ratlon, the receipt of which is hereby acknowledged, a perpetual easement in, under, over, along and upoIl certain
<br />Real Estate of the Grantor(s) situated ill the County of St. Joseph, Slate of Indiana, which is more particularly described in
<br />the legal description attached hereto as Exhibit "A" of which is incorporated herein by reference, for the constnlction,
<br />cleaning, repairing and general maintenance of utility stnlctrrres located within the area of the said Real Estate,
<br />T'he Grantee, its respective employees, agents, contractors, subcontractors and assigns, shall have the right to enter
<br />ill, under, over, along and through the area of [lie said Real Estate to constnlct, relocate, clean, repair and generally maintain
<br />the said utility structures and to remove any existing or future crops, trees, slinlbbery or other woody vegetation therefrom.
<br />Tile Grantor(s), and their successors in title, may use the area of said Real Estate in any planner not inconsistent with
<br />the Grantee's operation of said utility structures, or [tic provisions of this easement, provided, however, that neither the
<br />Grantor(s) nor the Graator's(s') successors in title shall erect any permanent stricture, nor plant any trees, shrubbery or other
<br />woody vegetation, within the area of said Real Estate without tine prior express written consent of the Grantee.
<br />Temporary strictures may be located witliin the area of said Real Estate but shall be removed immediately upon
<br />notification by the Grantee of the need to enter said Real Estate to perform the hereinbefore described work.
<br />Any such permaner3t or temporary structures, trees, slinrbbcry, woody vegetation or crops may be removed, daniaged
<br />or destroyed by the Grantee, its respective employees, agents, contractors, subcontractors and assigns entering the Real Estate
<br />pursuant to the terms of this easement without liability or payment thereof.
<br />Grantor(s) warrant(s) that thu a� ro the Owner(s) in fee simple of said Real Estate, lawfully seized thereof and
<br />have a good right to grant and convey the foregoing easement; warrant(s) the quiet use and enjoyment thereof;
<br />warT(1nt(s) that said Real Estate is free from all encumbrances inconsistent with the easement contained herein; and
<br />warrants(s) that hey will defend Grantee's title in said easement against all claims. The easement granted herein, and
<br />its associated benefits and obligations, shall run with said Real Estate and be binding upon the Grantor(s) and all
<br />successors and assigns. This indenture shall bind and inure to the benefit of the successors and assigns of the Graptee-
<br />This conveyance is subject to any and all easements, conditions and restrictions of record.
<br />IN WITNESS WHEREOF, file said Gimntor(s) lia ve executed this insti-itment this day of
<br />�crv' , 2005.
<br />(Signature) (Sibr3a[ure)
<br />Sharon I Ii ehco k Les Hilclicocl
<br />(Printed Name) (Printed Name)
<br />YP, OY A, BUSKIRK
<br />Allen County
<br />My Commission Expires
<br />Page I of 2
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