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Easement No. 17-D Map No. 190E <br />Line: 92-181 South Bend -West Side <br />Work Order: 404599040E <br />RIGHT OF WAY AND EASEMENT <br />THIS RIGHT OF WAY AND EASEMENT, made this 9 day of At&,Zv2004, by and between <br />THE CITY OF SOUTH BEND, INDIANA, by and through its Board of Public Works, herein called "Grantor", <br />whether one or more persons, and INDIANA MICHIGAN POWER COMPANY an Indiana Corporation, whose <br />business address is I Riverside Plaza, Columbus, Ohio 43215, herein called "Grantee". <br />WITNESSETH: <br />That in consideration of One and 00/100 Dollars ($1.00), and other valuable consideration, the receipt of which is <br />hereby acknowledged, and covenants hereinafter set forth, Grantor hereby grants, conveys, and warrants to the <br />Grantee, its successors, assigns, lessees, tenants and invitees, a permanent right of way and easement to overhang <br />with pole cross -arms, insulators, wires, and related fixtures and equipment which includes, on, over, under, through <br />and across the following described lands of the Grantor, situated in the State of Indiana, St. Joseph County, Portage <br />Township, Section No. 10, Township No. 37-North, Range No. 2-East. <br />Lots Number 18, 35, 70 and 87 in Kaley's I" to the City of South Bend, Indiana <br />Lot Number 122 in Kaley's 2nd Addition to the City of South Bend, Indiana <br />Lot Number 95 in West End Addition to the City of South Bend, Indiana <br />The right of way and easement shall be more fully described and depicted on Exhibit "A", a copy of which <br />is attached hereto and made a part hereof. <br />TOGETHER WITH THE FOLLOWING RIGHTS: FACILITIES: Grantee has the right to construct, <br />reconstruct, operate, maintain, alter, inspect, patrol, protect, repair, replace, renew, enlarge, upgrade, relocate within <br />the above described right of way and easement, remove and replace cross -arms, conductors, wires, insulators, and all <br />other appurtenant equipment and fixtures, and string conductors, wires and cables, together with the right to add to <br />said facilities from time to time, for doing anything necessary or useful or convenient for the enjoyment of the right <br />of way and easement herein granted, also the privilege of removing at any time any or all of said facilities erected <br />on, over, under, through and across said lands of the Grantor. <br />BUILDINGS, STRUCTURES, OBSTRUCTIONS AND TREES IN EASEMENT: Grantee has the right in its <br />discretion to cut down, trim, and otherwise control, using herbicides or other means, and at the Grantee's option, <br />remove from said right of way and easement any and all trees, overhanging branches, brush, buildings, structures, or <br />other obstructions. Grantee shall also have the right to trim, cut down, remove, and otherwise control trees situated <br />on lands of the Grantor which adjoin the right of way and easement, when in the opinion of the Grantee those trees <br />may endanger the safety of, or interfere with the construction, operation or maintenance of said facilities. <br />INGRESS AND EGRESS: Grantee shall have the right of unobstructed access, at any and all times, over and <br />across the right of way and easement, and the right of ingress and egress in and over existing or future roads and <br />lanes and other reasonable routes outside the right of way and easement. In the event there is no existing road or lane <br />to the right of way and easement as provided for in this easement, the Grantor will provide a mutually agreed upon <br />reasonable ingress -egress route over the Grantor's lands, and any of the adjoining lands of the Grantor, for the <br />purpose of exercising and enjoying the rights granted. <br />It is understood and agreed between the parties hereto that: <br />The Grantor reserves the right to cultivate, pasture or otherwise use said lands in any way not inconsistent with the <br />rights herein granted. However, no building, structure, obstruction, advertising device, dumpster, light pole, <br />swimming pool, deep well, storage tank or hazardous/flammable material shall be erected, permitted, placed or <br />stored by the Grantor within the above described right of way and easement herein granted. <br />No mounding, fill, water impoundment or tree plantings shall be permitted within the right of way and easement <br />without the written permission of the Grantee. <br />HAWPDATAUJOHN Ubosch_17D1906.doc EXHIBIT G°D" <br />