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<br />RECORDED AS PRESENTED ON
<br />11/03/2007 07:48:22AM
<br />TERRI J. RETHLARE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $17.00
<br />PAGES: 3
<br />DISTRIBUTION EASEMENT
<br />Tax Key Parcel No.18.8018-0795.07
<br />JUL 0 2 2007 Easement No. IN071083
<br />Map No. 575
<br />THIS INDENTURE, made by and between MUNICIPAL CITY WATER WORKS, a
<br />Governmental Municipality, whose address is 224 North Main, South Bend, Indiana 46601 ("Grantor"), and
<br />INDIANA MICHIGAN POWER COMPANY, an Indiana corporation, whose post office address is P.O. Box 60,
<br />One Summit Square, Fort Wayne, Indiana 46801 ("Grantee").
<br />WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand
<br />paid, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey
<br />to Grantee a RIGHT-OF-WAY AND EASEMENT (see EXHIBIT "A" attached hereto for specific locations and
<br />dimensions) for the construction, operation, use, maintenance, repair, renewal, and removal of a line or lines of
<br />overhead and underground facilities and equipment for the transmission of electrical energy and for
<br />communication purposes, including the right to permit attachments of others to said facilities, in, on, along,
<br />under, over, across, and through the following described REAL ESTATE, to -wit:
<br />A part of the Southeast Quarter of Section 23, Township 37 North, Range 2 East, Portage
<br />Township, St. Joseph County, Indiana, described as follows:
<br />That portion of the Southeast Quarter of Section 23, Township 37 North, Range 2 East, which
<br />lies east of the right-of-way of the Terre Haute and Logansport Railway Company, now known
<br />as the Pennsylvania Railroad Company, containing 28.14 acres, more or less.
<br />Being the same (or a part of the same) property conveyed to MUNICIPAL CITY WATER
<br />WORKS, a Governmental Municipality, by Warranty Deed dated March 28, 1928, and recorded
<br />in Book 209, Page 282, on April 17, 1928, in the Office of the Recorder of St. Joseph County,
<br />Indiana -
<br />TOGETHER with the right of ingress and egress to, from, and over said premises, and also the
<br />right to cut, trim and/or remove any trees or bushes which may endanger the safety or interfere with the
<br />construction, maintenance, or use of said facilities.
<br />GRANTEE shall promptly repair or replace all physical damage on the premises proximately
<br />caused by the construction, operation and maintenance of Grantee's facilities.
<br />GRANTOR warrants that no structure or building shall be erected upon said easement.
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