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EASEMENT & RIGHT OF WAY
<br />Easement No. IN231007-R
<br />Map No. 575
<br />Parcel ID No. 71-09-07-476-002.000-026
<br />THIS INDENTURE, made by and between THE CITY OF SOUTH BEND, acting by and through its
<br />Board of Public Works, whose address is County -City Building, 227 W. Jefferson Blvd., Suite 1300 N, South Bend,
<br />Indiana 46601 (hereinafter referred to as "GRANTOR"), and INDIANA MICHIGAN POWER COMPANY, an Indiana
<br />Corporation, whose post office address is P.O. Box 60, One Summit Square, Fort Wayne, Indiana 46801
<br />("GRANTEE").
<br />WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand paid,
<br />the receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey to
<br />Grantee a TWENTY (20') FOOT EASEMENT AND RIGHT-OF-WAY (see Exhibit "A" attached hereto for the
<br />specific dimensions and location identification) for the construction, operation, use, maintenance, repair,
<br />renewal, and removal of underground lines and appurtenant facilities and equipment for the transmission of
<br />electrical energy and for communication purposes, including the right to permit attachments of others to said
<br />facilities, in, on, along, under, over, across, and through the said easement, which easement is located on the
<br />following described REAL ESTATE, to -wit:
<br />A parcel of land in the Southeast Quarter of Section 7, Township 37 North, Range 3 East, situated
<br />in Portage Township, St. Joseph County, Indiana, and more particularly described as follows:
<br />The Southeast Quarter of the Southeast Quarter of Section 7, Township 37 North, Range 3 East,
<br />the property being commonly known as "Old Fair Grounds" situated between the cities of
<br />Mishawaka and South Bend, Indiana.
<br />Being the same (or a part of the same) property conveyed to THE CITY OF SOUTH BEND, by
<br />Warranty Deed dated March 8, 1954, recorded in Book 528, on Page 136, on May 28, 1954, and
<br />as Document Record DBO528-0136 in the Office of the Recorder of St. Joseph County, Indiana.
<br />TOGETHER with the right of ingress and egress to, from, and over said premises, and the right to
<br />cut, trim, or remove vegetation that may endanger the safety or interfere with the construction, maintenance, or use
<br />of appurtenant 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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