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<br />PROJECT: STP-9971(053)
<br />PARCEL: 13A
<br />423C ;R4903
<br />RECORDED AS PRESENTED ON
<br />06/13/2006 01:40:27PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $19.00
<br />PAGES: 5
<br />PERPETUAL UTILITY EASEMENT
<br />(FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING
<br />OF UTILITY STRUCTURES)
<br />THIS INDENTURE WITNESSETI-I, That Barbara E. RflSselt,f 1-vim
<br />n in he State of
<br />alif rnia S-Q1c S.Irvivina—Tw5lee ofThe Barba ra andL s er Rasselt Tnist wider DeclaraliQu and Instrunignt orli-List
<br />date Feb >, 26 1993 -n ui i n e ne-h If l 2 interest ud Pa ricia A Bassett, of Ardpahoe County,in the State
<br />ofClrao n nii lle-hlf 12 in r
<br />cst
<br />the Grantors, both being over the age of eighteen (18) years, Grant(s) to the City of South Bend, State of Indiana, the
<br />Grantee, for and in consideration of the sum of Ten and 00 100 Dollars ($10. _ 00 ), and other valuable
<br />consideration, the receipt of which is hereby ackmmvledged, a perpetual easement in, under, over, along and upon certain
<br />Real Estate of the Grantor(s) situated in the County of St. Joscph, State 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 construction,
<br />cleaning, repairing and general maintenance of utility structures located within (lie area of the said Real Estate.
<br />The Grantee, its respective employees, agents, contractors, subcontractors and assigns, shall have the right to enter
<br />in, under, over, along and through the area of the said Real Estate to construct, relocate, clean, repair and generally maintain
<br />the said utility structures and to remove any existing or future crops, trees, shrubbery or other woody vegetation therefrom.
<br />The Grantor(s), and their successors in title, may use the area of said Real Estate in any mariner not inconsistent with
<br />the Grantee's operation of said utility structures, or the provisions of this easement, provided, however, that neither the
<br />Grantor(s) nor the Grantor's(s') successors in title shall erect any permanent structure, nor plant any trees, shrubbery or other
<br />woody vegetation, within the area of said Real Estate without the prior express written consent of the Grantee.
<br />Temporal), structures may be located within 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 penmanent or temporary structures, trees, shrubbery, woody vegetation or crops may be removed, damaged
<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 they are _ the ObVner(S) in fee simple of said Real Estate, lawfiully seized thereof and
<br />have a good right to grant and convey the foregoing casement; warrant(s) the quiet use and enjoyment thereof;
<br />warrant(s) that said Real Estate is free from all encumbrances inconsistent with the easement contained herein; and
<br />warrants(s) that 1- l new- will defend Grantee's title in said easement against all claims. The easement granted herein, and
<br />its associated benefits and obligations, shall min with said Real Estate and be binding upon the Grantor(s) and all
<br />successors and assigns. Tlus indenture shall bind and inure to the benefit of the successors and assigns of the Grantee.
<br />This conveyance is subject to any and all easements, conditions and restrictions of record.
<br />IN WITNESS WHEREOF, the said Grantor(s) lua ve _ executed this instrument this _ ,:,g 7-r,4 day of
<br />2005.
<br />Page I of 3
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