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<br />A,./;)CC
<br />PROJECT: 103-79
<br />PARCEL: G & GA
<br />PERPETUAL STORM SEWER EASEMENT
<br />(FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING
<br />OF DRAINAGE STRUCTURES AND PIPE)
<br />THIS INDENTURE WITNESSETH, That Patterson Dental S1 hi minngsota comoralion
<br />the Grantor(s), of � Dakota County, in the State of Minnesota , Grant(s) to the City of South Bend, 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 hereby acknowledged, a perpetual easement 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 construction,
<br />cleaning, repairing and general maintenance of storm sewer pipe and strictures 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 strictures 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 mariner 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 structure, nor plant any trees, shrubbery or other woody
<br />vegetation, within the area of said Real Estate ,vithout the prior express written consent of the Grantee.
<br />Temporary strictures may be located within the area of 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 hereinbefore 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) warrant(s) that they are the Owner(s) in fee simple of said real estate, Iawfully seized thereof and
<br />have a good right to grant and convey the foregoing easement; 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 easement and right of way against all claims. The easement
<br />granted herein, and its associated benefits and obligations, shall nun with said Real Estate and be binding upon the
<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 undersigned person executing this easement represents and certi Ges on behalf of the Grantor, that the
<br />undersigmed is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or the by-laws of
<br />We Grantor, to execute and deliver this easGmCilt; that the Grai'tor is a Corporation in good standinb in the the State of!ts
<br />origin and, where required, in the State where the subject real estate is situate; that the Grantor has full corporate capacity
<br />to convey [lie real estate described; and that all necessary corporate action for the making of this conveyance has been
<br />duly taken.
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