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DECLARATION OF UTILITY EASEMENTS <br />THIS DECLARATION OF UTILITY EASEMENTS ( "Declaration ") is executed this <br />day of July, 2011 by the SOUTH BEND REDEVELOPMENT COMMISSION (the "Commission" <br />or "Grantor "), the governing body of the Department of Redevelopment of the City of South Bend, <br />Indiana, existing and operating under the provisions of Indiana Code § 36 -7 -14, as amended, having <br />its principal place at 12'h Floor, County -City Building, South Bend, Indiana 46601. <br />For valuable consideration, Grantor does hereby grant unto The City of South Bend, a Utility <br />Easement as provided herein for the benefit of the City of South Bend, an Indiana Municipal <br />Corporation. <br />Statement of Facts <br />Grantor is the owner of property legally described as follows: <br />Lot Numbered 4 as shown on the Ignition Park Second Minor Subdivision recorded <br />in the Office of the Recorder of St. Joseph County, Indiana, as Instrument Number <br />1115569 (the "Real Estate "). <br />Grantor desires to establish a Utility Easement for the purpose of constructing and <br />maintaining utilities and drainage facilities over, under and across the real estate. <br />NOW, THEREFORE, Grantor hereby declares as follows: <br />1. Grantor, for the benefit of the Commission, the City of South Bend, the current and <br />future owners of the Real Estate, declares and grants a perpetual non - exclusive Easement for the <br />purpose of constructing, maintaining and reconstructing utilities including but not limited to electric, <br />water, telephone, fiber optics, drainage, sewer, and gas (collectively "Utility Services "). This grant <br />of Easement includes the right of any Grantee to utilize any Public Utility Companies in order to <br />carry out the intent of this Declaration of Utility Easements. The Easement herein granted includes <br />