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RECORDED AS PRESENTED ON
<br />PROJECT: 103-79
<br />PARCEL: 6 & CA
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<br />12/20/2005 03:21:00PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $17.00
<br />PAGES: 5
<br />PERPETUAL STORM SEWER EASEMENT
<br />(FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING
<br />OF DRAINAGE STRUCTURES AND PIPE)
<br />THIS INDENWRE WITNESSETH, That Patterson Dental Supply Inc a Minnesota corporntion
<br />the Grantor(s), of , Dakota County, in the State of Minnesota , Grant(s) to the City of South Send, State of
<br />Indiana, the Grantee, for and in consideration of the sum of Ten and 00/100 Dollars ($ 10.00 _), and other valuable
<br />consideration, the receipt of which is licreby acknowledged, a perpctual casement in, under, over, along and upon certain
<br />Real Estate of the Grantor(s) situated in the County of St. Joseph, State of Indiana, which is more particularly described in
<br />the legal description attached hereto as Exhibit "A" of which is incorporated herein by reference, for the constntetion,
<br />cleaning, repairing and general maintenance of storm sewer pipe and stn►etures located within the area of the said Real
<br />Estate.
<br />The Grantees, their respective employees, agents, contractors, subcontractors and assigns, shall have the right to enter
<br />in, under, over, along and through the area of the said Real Estate to construct, relocate, clean, repair and generally maintain
<br />the said drainage stn►ctures and pipe and to remove any existing or future crops, trees, shrubbery or other woody vegetation
<br />therefrom.
<br />The Grantor(s), and their successors in title, may use the area of said Real Estate in any manner not inconsistent with
<br />the Grantees' operation of said storm sewer, or the provisions of this grant. provided, however, that neither the Grantor(s) nor
<br />the Grantor's(s') successors in title shall erect any permanent stnicture, nor plant any trees, slinibbery or other woody
<br />vegetation, within the area of said Real Estate without the prior express written consent of the Grantee.
<br />Temporary stn►ctures niny be located within the area ol'said Real Estate but shall be removed immediately upon
<br />notification by the Grantees of the need to enter said Real Estate to perform the liereinbefore described work.
<br />Any such permanent or temporary structures, trees, shrubbery, woody vegetation or crops may be removed, damaged
<br />or destroyed by the Grantees, their respective employees, agents, contractors, subcontractors and assigns entering the Real
<br />Estate pursuant to the terms of this grant without liability or payment thereof.
<br />Grantor(s) warrint(s) that they are the Owner(s) in Ice simple of said real estate, lawfully seized thereof and
<br />have a good right to grant and convey the foregoing casement; warrant(s) the quiet use and enjoyment thereof;
<br />warrant(s) that said Real Estate is free from all encumbrances inconsistent with the Grant contained herein; and
<br />warrants(s) that they will defend Grantees' title in said casement and right of way against all claims. The easement
<br />granted herein, and its associated benefits and obligations, shall nal with said Real Estate and be binding upon tllc
<br />Grantor(s) and all successors and assigns. This indenture shall bind and inure to the benefit of the successors and assigns
<br />of the Grantees,
<br />This conveyance is subject to any and all easements, conditions and restrictions of record.
<br />The undersigggied person executing this casement represents and certifies on behalf of the Grantor, that the
<br />undersigned is a duly elected officer of the Grantor and has been hilly empowered by proper resolution, or the by-laws of
<br />the Grantor, to execute and deliver this easement; tiiut ilic Gr111 tVr 's a ecrporatlon in good staad:as :R llle Cfale pr i(c
<br />origin and, where required, in the State where the subject real estate is situate; that the Grantor his full corporate capacity
<br />to convey the real estate described; and that all necessary corporate action for the making of this conveyance has been
<br />duly taken.
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