For Easement No_: 227
<br />Line Name: South Bend — New Carlisle
<br />Easement No. 227 Map No.322
<br />Line No. TLN120.95135
<br />SUPPLEMENTAL AND AMENDED EASEMENT AND RIGHT OF WAY
<br />THIS SUPPLEMENTAL AND AMENDED EASEMENT AND RIGHT OF WAY made by and
<br />between The City of South Bend, by and through its Board of Public Works ("GRANTOR"), and
<br />Indiana Michigan Power Company, an Indiana corporation, being a unit of American Electric
<br />Power, whose principal business address is 1 Riverside Plaza, Columbus, Ohio 43215 ("AEP").
<br />WHEREAS, AEP is the owner of a right of way and easement under the terms of the following
<br />agreement recorded in the Recorder's Office of St. Joseph County, Indiana by and between Albert
<br />A. Walton and Lina Walton, husband and wife and Indiana & Michigan Electric Company, a
<br />predecessor in title to Grantor, dated 04/03/1924 (the "Original Easement); and
<br />WHEREAS, Grantor is the successor in interest to all or part of the lands affected by the Original
<br />Easement.
<br />NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
<br />good and valuable consideration, the receipt and sufficiency of which Grantor hereby
<br />acknowledges, the Grantor hereby grants and conveys and warrants to AEP this Supplemental and
<br />Amended Easement and Right of Way ("Easement') for electric transmission, distribution, and
<br />communication purposes ("Easement Purposes") to modify the Original Easement [insofar as it
<br />encumbers property of the GRANTOR situated in the State of Indiana, St. Joseph County, Clay
<br />Township, Section 32, Township 38 N. Range 3 East, being the same premises as described in
<br />Document No_ 1526367 (Parcel No. 71-04-32-258-009.000-003)], as follows:
<br />The Easement Area shall be defined to be 100 feet in width, fifty feet on each side of the centerline
<br />of the facilities as constructed, the approximate location of the Easement Area is depicted on
<br />Exhibit "A", a copy of which is attached hereto and made a part hereof ("Easement Area").
<br />FURTHER GRANTS OF RIGHTS
<br />Grantor grants to AEP, the right, now and in the future, to construct, reconstruct, operate,
<br />maintain, alter, improve, extend, inspect, patrol, protect, repair, remove, replace, upgrade and
<br />relocate within the Easement Area, poles, towers, and structures, made of wood, metal, concrete
<br />or other materials, and cross -arms, guys, anchors, grounding systems, and all other appurtenant
<br />equipment and fixtures, and to string conductors, wires and cables ("Facilities"); together with
<br />
|