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HomeMy WebLinkAbout#1286- Deed; Easement - to city, beginning SE corner of sec 16 for the point of beginning - ethanol plantEASEMIEN'I from Homer W. Fitterling to City of South Bend; Beginning at t"ze S.E. corner of said Sec. 16 for the point of beginning of this description: ( SEE DLED) RE: ETHANOL PLANT EASEMENT from Horner W. Fitterling to Citj of South Bend; Beginning at tIze S.E. corner of said Sec. 16 for the point of beginning of this description: (SEL DLED) RE: ETHANOL PLANT BOARD OF PUBLIC WORKS John E. Leszczynski, President Richard L. Hill Joseph E. Kernan CITY of SOUTH BEND ROGER O PARENT, IViayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 February 3, 1983 219/284-9412 MR. TOM MANAK 1NDIANA & MICHIGAN ELECTRIC COMPANY P.O. Box 1731 South Bend, Indiana 46601 RE: RECORDED EASEMENT (ETHANOL PROJECT) Dear Mr. Manak: Enclosed for your information is a copy of the recorded Easement which the Board of Public Works executed on January 24, 1983. Please feel free to call if you have any questions. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk smp Enc. I iir,ui5 ileIcuy vesLeu in WaIJU-e. It is understood and agreed: 1. The permanent easement shall be... Z ......feet on either side of a center line connecting the center points of the poles, towers or supported structures, as constructed on the Premises and/or on adjoining lands. 2. Grantee shall promptly repair or replace all fences. gates, drains and ditches damaged or destroyed by it on the Premises and shall pay Grantor all damages done to crops and livestock on the Premises proxi- mately caused by the construction, operation and maintenance of Grantee's Facilities. Any trees cut will be paid for by Board Measure, using Scribner's Lumber Rules at the market price in vicinity. All claims of Grantor for damages arising under this indenture shall be made at or mailed to the office of Grantee at Fort Wayne, Indiana, within thirty (30) days after such damages sliall accrue. 3. Grantee shall pay to Grantor, at or prior to the time; when construction of Grantee's Facilities is commenced on the Premises..............................for each......................................to be located thereon. 4. Grantor shall have the right to cultivate or otherwise use the Premises in aay way not inconsistent with the easement hereby granted, but no building, structure or obstruction shall by placed by the Grantor under or within.........................................feet (measured horizontally) of neare,:t.................... cable or wire. BOARD OF PUBLIC WORKS John E. Leszczynski, President Richard L. }-sill Joseph E. Kernan CITY of SOUTH BEND ROGER O PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA d6601 February 3, 1983 219/284.94 1 2 MR. TOM MANAK INDIANA & MICHIGAN ELECTRIC COMPANY P.O. BOX 1731 South Bend, Indiana 46601 RE: RECORDED EASEMENT (ETHANOL PROJECT) Dear Mr. Manak : Enclosed for your information is a copy of the recorded Easement which the Board of Public Works executed on January 24, 1983. Please feel free to call if you have any questions. Sincerely, BOARD OF PUBLIC WORKS ,LdU,,) 12� 41-,�,� Sandra M. Parmerlee, Clerk smp Enc. I 116— 1 as jV Vca iu Vieln cC. It is understood and agreed: 1. The permanent easement shall be.............feet on either side of a center line connecting 'he center points of the poles, towers or supported structures, as constructed on the Premises and/or on adjoining lands. 2. Grantee shall promptly repair or replace all fences, gates, drains and ditches damaged or destroyed by it on the Premises and shall pay Grantor all damages done to crops and livestock on the Premises proxi- mately caused by the construction, operation and maintenance of Grantee's Facilities. Any trees cut will be paid for by Board 19easure, using Scribner's Lumber Mules at the market price in vicinity. All claims of Grantor for damages arising under this indenture shall be made at or mailed to the office of Grantee at Fort Wayne, Indiana, within thirty (30) days after such damages shall accrue. 3. Grantee shall pay to Grantor, at or prior to the time when construction of Grantee's Facilities is commenced on the Premises..............................for each ...................................... to be located thereon. 4. Grantor shall have the right to cultivate or otherwise use the Premises to arty way not inconsistent with the easement hereby granted, but no building, structure or obstruction shall be placed by the Grantor under or within.........................................feet (measured horizontals cable or wire. y) of nearest........... BOARD OF PUBLIC WORKS John E. Leszczynski, President Richard L. Hill Joseph E. Kernan CITY of SOUTH BEND ROGER 0 PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND. INDIANA 16601 February 3, 1983 219/2$4.94 i 2 MR. TOM MANAK INDIANA & MICHIGAN ELECTRIC COMPANY P.O. BOX 1731 South Bend, Indiana 46601 RE: RECORDED EASEMENT (ETHANOL PROJECT) Dear Mr. Manak : Enclosed for your information is a copy of the recorded Easement which the Board of Public Works executed on January 24, 1983. Please feel free to call if you have any questions, Sincerely, BOARD OF PUBLIC WORKS N Aj�,� Sandra M. Parmerlee, Clerk smp Enc. I ..6, ­ --y vco — tdia,tt It is understood and agreed: 1. The permanent easement shall be ... 75...... feet on either side of a center line connecting ;he center points of the poles, towers or supported structures, as constructed on the Premises and/or on adjoining lands. 2. Grantee shall promptly repair or replace all fences, gates, drains and ditches damaged or destroyed by it on the Premises and shall pay Grantor all damages done to crops and livestock on the Premises proxi- mately caused by the construction, operation and maintenance of Grantee's Facilities. Any trees cut will be paid for by Board Measure, using Scribner's Lumber Rules at the market price in vicinity. All claims of Grantor for damages arising under this indenture shall be made at or mailed to the office of Grantee at Fort Wayne, Indiana, within thirty (30) days after such damages shall accrue. 3. Grantee shall pay to Grantor, at or prior to the time when construction of Grantee's Facilities is commenced on the Premises,... ......................... Jor each..................... ......,.to be -located thereon. 4. Grantor shall have the right to cultivate or otherwise use the Premises in aay way not inconsistent with the easement hereby granted, but no building, structure or obstruction shall be placed by the Grantor under or within.........................................feet (measured horizon(ally) of nearest ................... cable or wire. N lc �' c�(— / c 1 �4 r.c ►•eJrs-c w c-� l� g 81i013,1 Form No.8000 Rev. 11/77 (Corp.) EASEMENT WO No .............................. Easement No................... Nap No..................... This Indenture, made this ..... Z4.th....... day of .......... .JmLk' r.Y ....................... 19.83..... , i y and be - Board of Public Works of the City of South Bendy Indiana : tween............................................................. ........................................ 4. whose address is ..... Room Nor„1308 County-City••Building,,,South„Bend, Indiana ................. .: ...............................................a corporation organized and existing under the laws of the State of . 'f. ,Indiana,..•...,,,,.•... (hereinafter called the "Grantor")and INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana Corporation authorized to do business in the State of Michigan whose street number and post office address is 2101 Shy Run Ave., Fort lliayne, Indiana, (hereinafter called the "Grantee"), Witnesseth: That for One Dollar (S1.00) and other good and valuable considerations in hand paid, the n '?_ receipt of which Grantor hereby acknowledges, Grantor hereby conveys and warrants to Grantee a permanent :... right of way and easement for.....................::...electric power line ............. with the right to the Grantee to - locate, construct, reconstruct, erect, operate, use,y xepair, maintain, renew, remove, ir,speCrl 9-t-1' """ and all times, poles, towers or supported structures, conductors and all necessary or useful facilities and equipment with respect to such line ............ for transmitting electric or other energy, including crossarms, wires, cables, guys, anchors, counter -poises, and.all other appurtenant equipment and fixtures (all of the foregoing being hereinafter called collectively"Grantee's Facilities") in, on, alon , over, through and across the following described lands (hereinafter called "Premises") remises" situated rn....... O�ir.�g!?.......... Township, County of.S ,..JQ.$.epl ..., State of ........ Trxdiaaa................. Section .....1.6........... Towns hip..3.7...�+IOXtI�.. Range..2.. �4S V ...... more particularly described as follows: CIVIL CITY OF SOUTH SEND Being the same (or a part of the same) property conveved to................................................................. HOMER W. FITTERLING ....................................................by............................................................................. I— ........ by deed dated...? 18........ 19.... 3..., and recorded in Deed Record....... at page ................... in the office of the Recorder of.......................................Counri�y, Indianac._. to which reference is hereby made for further description. r--- r� C] C:) Beginning at the Southeast corner of said Section 16 for the point o€1 c beginning of this description; thence North 90000'00" West along the South line of said Section, 20 feet; thence North 00030123" West, 619.72 feet; thence North 19004'09" West, 486.87 feet; thence North 00030'23" West 240 feet to a point on the North line of the South half of the Southeast quarter of said Section; thence South 90000'00" East 175 feet, more or less, to the Northeast corner of the South half of the Southeast quarter of said Section; thence South 000301231, East along the East line of said Section to the point of beginning, being the Southeast corner of said Section 16. Together with the right to the Grantee: to cut, to control or eliminate by herbicides, and at its option to remove from the Premises or the lands of the Grantor adjoining the same on either side, any trees, overhang- ing branches, vegetation, obstacles or obstructions which may endanger the safety or interfere with the in- stallation, use, or enjoyment of all or any of the Grantee's Facilities; to add to the number of and relocate at any time or times all of Grantee's Facilities; and to use said right of way and easement for access to and from any part or parts thereof and any lands and rights of way of Grantee adjoining the same for the enjoy- ment of the rights of Grantee therein; and of ingress and egress to, over and from the Premises and any adjoining lands of Grantor at any and all times for the purposes of exercising and enjoying any and all of the rights hereby vested in Grantee. It is understood and agreed: 1. The permanent easement shall be...75......feet on either side of a center line connecting the center points of the poles, towers or supported structures, as constructed on the Premises and/or on adjoining lands. 2. Grantee shall promptly repair or replace all fences, gates, drains and ditches damaged or destroyed by it on the Premises and shall pay Grantor all damages done to crops and livestock on the Premises proxi- mately caused by the construction, operation and maintenance of Grantee's Facilities. Any trees cut will be paid for by Board Measure, using Scribner's Lumber Rules at the market price in vicinity. All claims of Grantor for damages arising under this indenture shall be made at or mailed to the office of Grantee at Fort Wayne, Indiana, within thirty (30) days after such damages shall accrue. 3. Grantee shall pay to Grantor, at or prior to the time when construction of Grantee's Facilities is commenced on the Premises..............................for each ...................................... to be located thereon. 4. Grantor shall have the right to cultivate or otherwise use the Premises in arty way not iliconsistent with the easement hereby granted, but no building. structure or obstruction shall be placed by the Grantor under or within.........................................feet (measured horizontally) of nearest ............. I ...... cable or wire. S. This indenture contains all the terms and conditions of this easement, express or implied, between the parties hereto and shall be binding upon, and inure to the benefit of, Grantor and Grantee and their re- spective representatives, successors, assigns, lessees and licensees. 6. Grantor, through its duly authorized officers, certifies under oath that no Indiana gross income !ax is due or payable at this time in respect to the transfer made by this indenture. In Witness udiiereof the said Grantor has caused these presents to be executed by its duly authorized officers and its corporate seal to be affixed thereto the day and Vear n. CIVIL CITY OF above SOUTH e BEND BOARD OF PUBLIC WORKS Signed, Sealed and Delivered in Presence of --73 � n•.�j .- ""'"'" Grantor � f........... I .... ..... ­ ...... ................ (iRT C� q O I -cc ;ems e -ter t .:' CJt L7 C] C:) .r ,r C1_J -- LL! QCASC OF PUBLIC WORKS t `...........................................................President ...... JA 2419 3 ..... ........... � secretary a.yMu+•Asa........IC........�................. ................... CUfl POAATE J1 SEAL w. w This instrument was prepared by ,Agent for Indiana &Michigan Electric Company on its behalf. STATE OF 14ICHIGAN, SS. Countyof ................................. OnThis......................................day of........................................ in the year of our Lord one thousand nine hundred and .................................. ....................... in ....... for . said . C ...... beforeme, a...................................................................................in and for said County appeared................................to me personally known, who being by me duly sworn, did......................................say that ............................ the...................................................................................... of........................................................................................................................ the corporation named in and which executed the within instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and said ....................... ...................acknowledged said instrument to be the free act and deed of said corporation. Notary Public ,.......•.•••••••••••.•County, Michigan My commission expires .......... . ..........1 19 ....... STATE OF INDIANA I County of. St.•.. Joseph ................ f ss. Be it remembered that on the.?4t;.h.... day of.,January 19 83 .,,before the undersiggned a JOHN E. LESZGZYNSKI, Notary Public, in and for the County and state aforesaid, personally appeared ............................. rU&Yr X24Ya't XK.L.—HILL.AUD..JOS.EPH••E•••KERNAR... X0N4P1X9X and acknowledged the execu- t tp the foregoing instrument on behalf of said OZU*U� as the voluntary act and deed of said X}K for the uses and purposes therein set forth, and said officer, having been duly sworn, swears.'ttiat the statements contained therein relating to Indiana gross income tax are true. Z� NES,q-W1lEREOF, I have hereunto set my hand and seal the day and year first above �riite < ' MY Co 'Y ixC T xpires' u b l ic .............................. `t1 ent of St. Joseph County RICHARD -in No.8000 Rev. 11/77 irp.) EASEMENT WO No .............................. Easement No................... Map No..................... 24th day of..,. January 83 This Indenture, made this............ ................................... 19........... Ly and be- ,en.....Board of,.Puhli,c..WorkA..q :,, the, C,�ty-. d�..$out'.,1..13�ltd.r..�������................................ ose address is..... RgQl .,NNQ:..106..GQutltx::G .ty...i3.ui� 4 i.t7g,..5.quQq..Bead.,_Ladiaaa.................. .............................. ....... ............a corporation organized and existing under the laws of the State of n4i C;la................ (hereinafter called the "Grantor") and INDIANA & MICHIGAN ELECTRIC COMPANY, Indiana Corporation authorized to do business in the State of Michigan whose street number and post ice address is 2101 Spy Run Ave., Fort Wayne, Indianu, (hereinafter called the "Grantee"), Witnesseth: That for One Dollar ($1.0D) and other good and valuable considerations in hand paid, the �ipt of which Grantor hereby acknowledges, Grantor hereby conveys and warrants to Grantee a permanent „s„t of way and easement for..........................electric power line.....____._..with the right to the Grantee to wept-i constrpet, rcco„�.v-Lruot, er4 et, apr_rutc, use, rer�r.ir. mutintcnin, renew, rcmav C, tnc•,q-, pnt rot, .a ...any ,end a]ee times, poles, towrs or supported structures, conductors and all necessary or useful facilities and equipment with respect to such line ....... I .... for transmitting electric or other energy, including crossarms, wires, cables, guys, anchors, counter -poises, and all other appurtenant equipment and fixtures (all of the foregoing being hereinafter called collectively "Grantee's Facilities") in, on, alonj�, over, through and across the following described lands (hereinafter called "Premises") situated in_ .••. .Qx14..........Township, County of.$.t,,..JQS.eph..., State of ........ ZRdiana................ Section ..... 16........... Township..3.7..�iRi. �1.. Range..Z•.L�.Ut...... more particularly described as follows: Being the same (or a part of the same) property conveyed to., CIVIL CITY OF SOUTH BEND ........................................................ b HOMER W. FITTERLING .......................................... I...... y......................................................................................... an: 18 .., 19,83...... and recorded in Deed Record .............................................. by deed dated...J at page ................... in the office of the Recorder of .................................................. County, Indiana, to which reference is hereby made for further description. ` f�.4'[ �x i rfi *`'rt ,� `.{K'r�L:?r:�?: ��f E�{� �e %;:'( i'�t� ( 4_W� i' jinni ag at the Southeast corner of said Section 16 for the point of beginning of this description; t?-le-nce North 90000'00" Nest along the South lime of said :Section, 20 feut; thence idorth 00°30' ?3" West, 619.72 feet; thence North 19004' 09" ,,Jest, 486.87 ;.eet; thence North O0o30'23" West 240 feet to a point on the North .line of the South, half of the Southeast cruarter of said Section; thence South 90o0O'00" Fast 175 feet, more or less, to the _\northeast corner of the South half of the Southeast quarter of said Section; thence South OOo30' 23" East alone; the :.;rest line of said Section to the point of- beginning, being th,e Southeast corner of said Section 16. Together with the right to the Grantee: to cut, to control or eliminate by herbicides, and at its option to remove from the Premises or the lands of the Grantor adjoining the same on either side, any trees, overhang- ing branches, vegetation, obstacles or obstructions which may endanger the safety or interfere with the in- stallation, use, or enjoyment of all or any of the Grantee's Facilities; to add to the number of and relocate at any time or times all of Grantee's Facilities; and to use said right of way and easement for access to and from any part or parts thereof and any lands and rights of way of Grantee adjoining the same for the enjoy- ment of the rights of Grantee therein; and of ingress and egress to, over and from the Premises and any adjoining lands of Grantor at any and all times for the purposes of exercising and enjoying any and all of the rights hereby vested in Grantee. It is understood and agreed: 1. The permanent easement shall be...75...... feet on either side of a center line connecting the center points of the poles, towers or supported structures, as constructed on the Premises and/or on adjoining lands. 2. Grantee shall promptly repair or replace all fences, gates, drains and ditches damaged or destroyed by it on the Premises and shall pay Grantor all damages done to crops and livestock on the Premises proxi- mately caused by the construction, operation and maintenance of Grantee's Facilities. Any trees cut will be paid for by Board Measure, using Scribner's Lumber Rules at the market price in vicinity. All claims of Grantor for damages arising under this indenture shall be made at or mailed to the office of Grantee at Fort Wayne, Indiana, within thirty (30) days after such damages shall accrue. 3. Grantee shall pay to Grantor, at or prior to the time when construction of Grantee's Facilities is commenced on the Premises..............................for each ..... ................................. to be located thereon. 4. Grantor shall have the right to cultivate or otherwise use the Premises in any Way 'pot inconsistent with the easement hereby granted, but no building, structure or obstruction shall be placed -,by the Grantor under or within.........................................feet (measured horizontally) of nearest ..................... cable or wire. S. This indenture contains all the terms and conditions of this easement, express or implied, between the parties hereto and shall be binding upon, and inure to the benefit of, Grantor and Grantee and their re- spective representatives, successors, assigns, lessees and licensees. 6. Grantor, through its duly authorized officers, certifies under oath that no Indiana gross income fax is due or payable at this time in respect to the transfer made by this indenture. in 'Fitness Whereof the said Grantor has caused these presents to be executed by its duly authorized officers and its corporate seal to be affixed thereto the daYCIVIL ane year CITY bOF written. SOUTH BEND BOARD OF PUBLIC WORKS Signed, Sealed and Delivered in Presence of ��++gq�� ....................... APP `'n D Grantor -OilRD of POBtIC WOR s b. J N 2 9983 President .. _ ......... _ ......................... Secretary •r``"............ .............................. This instrument was prepared by Electric Company on its behalf. STATE OF MICHIGAN, � ss. Countyof ................................. �CORPORATE � SEAL , Agent for Indiana & Michigan OnThis ...................................... day of........................................ in the year of our Lord one thousand nine hundred and............................................................ beforeme, a .............................................. .....................................in and saidCounty af meared.................................................................................................. o e personally known, who, being by me duly sworn, did......................................say that ............................ the...................................................................................... ............................................................................................. the corporation named in and which executed the within instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and said ....................... ...................acknowledged said instrument to be the free act and deed of said corporation. Notary Public ........................County, Michigan My commission expires ...................... 19....... STATE OF IN DIAANNA 1 ss. County of...st.•.Joseph .................. f Be it remembered that on the...24th day of.Janua"I 1 19.s. .... before the undersigned, a S� Notary Public, in and for the County and State aforesaid, personally appeared.. ..JOHN......E. .....LE.. S ......LCZYNSKI,.. .88...... MY and acknowledged the execu- KEN oar•on f the foregoing instrument on behalf of said Cxy, as the voluntary act and deed of said njY r for the uses and purposes therein set forth, and said officer, having been duly sworn, swears' that the statements contained therein relating to Indiana gross income tax are true. IN WITN SS WHEREOF, I have hereunto set my hand and seal the day and year first above written. My Commiss:c,n Expires W ZV'n "Uc 1is'Anri"Wil'1'i'ams;"do�drTb6i'ic" ............................. R�!si'dent"of' St:'..dbt'6pF'C6i.Irity.............. Form N0.8000 Rev. 11/77 (Corp.) EASEMENT WO No .............................. Easement No................... Map No..................... 83 This Indenture, made this..,,24th ,.day ot..,. January ..................................... 19.........., Ly and be- tween..... oar�i of._1?uhli.c..y�or:a,.�E„the„jy tX.of..$44r'•�k.??gl,d.,..J1;l6djAlRq .......................... whose address .................. ...................... ...................... a corporation organized and existing under the laws of the State of I37S�7 aZ1R................ (hereinafter called the "Grantor"')and INDIANA & MICHIGAN ELECTRIC COMPANY, an Indiana Corporation authorized to do business in the state of Michigan whose street number and post office address is 2101 Spy Run Ave., Fort Wayne, Indiana, (hereinafter called the "Grantee"), Witnosseth: That for One Dollar ($1.00) and other good and valuable considerations in hand paid, the receipt of which Grantor hereby acknowledges, Grantor hereby conveys and warrants to Grantee a permanent right of way and eosement for..........................electric power line.............with the right to the Grantee to lu -r.[c• +a tract. c:trucl. ct. opa-rt.Lc. cpni ntni inmV�c�. pba=�.�. ..r=y atnv af! times, poles crowcrs orssupported structures, conductors and all necessary or useful faCilities and equipment with respect to such line ............ for transmitting electric or other energy, including crossarms, wires, cables, guys, anchors, counter -poises, and all other appurtenant equipment and fixtures (all of the foregoing being hereinafter called collectively "Grantee's Facilities") in, on, along, over, through and across the following described lands (hereinafter called "Premises") situated in._.....RXtc�;�.q.......... Township, County of.5i.,..�Qs.e.Ph.,., State of ........ Xad.>.ana............... , section ..... 1b. ..........Township..31.Ngx.th.. Range..2....AAL...... more particularly described as follows: Being the same (or a part of the same) property conveyed to.. ... CIVIL ............... CITY ...... OF ......... SOUTH ............... BEND ............... by.......HOMER W. FITTERLING......................................... by deed dated... Jan ....1$........ 19.83...... and recorded in Deed Record .............................................. at page ................... in the office of the Recorder of ................... ............................... County, Indiana, to which reference is hereby made for further description. mil i � �"�i?r;:?'� �`�'s�'t�'���s'4�1i�`�aFf�'�AK�`S�i�-r��I+liabc�►�t� Beginning at the Southeast corner of said Section 16 zor the point of beginning of this description; thence North 90000100" '--lest alorj the South line of said Section, 20 feet; thence :North 00°30' 23`• ,lest, 619.72 Leet; thenc` forth l9PO4' 09" i,Iest, 486.87 feet, thence North 00030'23" Nest 240 feet to a point on the North line of the South half of the Southeast quarter of said action; thence "youth 90000'00" East 175 feet, mra or Less, to tlx: _northeast corner of the South half of the Southeast quarter of said Section; thence South 0Oo3012:3" East along the !—�dst line of said Section to the point of beginning, Ding th:e Southeast corner of said Section 16. Together with the right to the Grantee: to cut, to control or eliminate by herbicides, and at its option to remove from the Premises or the lands of the Grantor adjoining the same on either side, any trees, overhang- ing branches, vegetation, obstacles or obstructions which may endanger the safety or interfere with the in- stallation, use, or enjoyment of all or any of the Grantee's Facilities; to add to the number of and relocate at any time or times all of Grantee's Facilities; and to use said right of way and easement for access to and from any part or parts thereof and any lands and rights of way of Grantee adjoining the same for the enjoy- ment of the rights of Grantee therein; and of ingress and egress to, over and from the Premises and any adjoining lands of Grantor at any and all times for the purposes of exercising and enjoying any and all of the rights hereby vested in Grantee. It is understood and agreed: 1. The permanent easement shall be...75...... feet on either side of a center line connecting the center points of the poles, towers or supported structures, as constructed on the Premises and/or on adjoining lands. 2. Grantee shall promptly repair or replace all fences, gates, drains and ditches damaged or destroyed by it on the Premises and shall pay Grantor all damages done to crops and livestock on the Premises proxi- mately caused by the construction, operation and maintenance of Grantee's Facilities. Any trees cut will be paid for by Board Measure, using Scribner's Lumber Rules at the market price in vicinity. All claims of Grantor for damages arising under this indenture shall be made at or mailed to the office of Grantee at Fort Wayne, Indiana, within thirty (30) days after such damages shall accrue. 3. Grantee shall pay to Grantor, at or prior to the time when construction of Grahtee'.s Facilities is commenced on the Premises..............................for each ...................................... to be' located thereon. 4. Grantor shall have the right to cultivate or otherwise use the Premises in any way'•rtot inconsistent with the easement hereby granted, but no building, structure or obstruction shall be placed,by the Grantor under or within.........................................feet (measured horizontally) of nearest.....•. ............ cable or wire.