|
�• � � V
<br />1�2—
<br />PROJECT STP-9971(053)
<br />PARCEL: 1 I
<br />RECORDED AS PRESENTED ON
<br />03/21/2006 12:34:07PH
<br />TERRI J. RETHLAKE
<br />5T. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $17.00
<br />PAGES: 5
<br />PERPETUAL UTILITY FI_QSEMENT
<br />(FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING
<br />OF UTILITY STRUCTURES)
<br />THIS INDENTURE WITNESSETH, That Wennigsen LL
<br />the Grantor(s), of. St. JOSWh County, in the State of In i na , Grant(s) to the City of South Bend, State of
<br />Indiana, the Grantee, for and in consideration of the sum of Ten and 00/100 Dollars ($ l 0 0000 ), 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 utility structures located within tile area of the said Real Estate.
<br />The Grantee, its 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 utility strictures and to remove any existing or future -crops, trees, shrubbery or other woody vegetation 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 Grantee's operation of said utility structures, or the provisions of this easement, provided, however, that neither the
<br />Grantor(s) nor the Grantor's(s') successors in title shall erect any permanent structure, nor plant any trees, shrubbery or other
<br />woody vegetation, within the area of said Real Estate without the prior express written consent of the Grantee.
<br />Temporal), stnictures may be located within the area of said Real Estate but shall be removed immediately upon
<br />notification by the Grantee of the need to enter said Real Estate to perforni the licreinbefore described work.
<br />Any such pennancnt or temporary structures, trees, shrubbery, woody vegetation or crops may be removed, damaged
<br />or destroyed by the Grantee, its respective employees, agents, contractors, subcontractors and assigns entering the Real Estate
<br />Pursuant to the terms of this easement without liability or payment thereof.
<br />Grantors) warrant(s) that it i5 the Owner(s) in fee simple of said Real Estate, lawfully seized thereof and
<br />h� is a good right to grant and convey the foregoing casement; warrant(s) the quiet use and enjoyment thereof,
<br />tvarrant(s) that said Real Estate is free from all encumbrances inconsistent with the easement contained herein; and
<br />warrants(s) that it will defend Grantee's title in said easement against all claims. The casement granted herein, and its
<br />associated benefits and obligations, shall run with said Real Estate and be binding upon the Grantor(s) and all successors
<br />and assigns. This indenture shall bind and inure to the benefit of the successors and assigns of the Grantee.
<br />This conveyance is subject to any and all easements, conditions and restrictions of record.
<br />The undersigned person executing this casement represents and certifies on behalf of the Grantor, that he is the
<br />Manager of the Grantor and has been fully empowered by the Grantor, to execute and deliver this easement and all other
<br />such instruments of transfer; that the Grantor is a Limited Liability Company in good standing in the State of its origin
<br />and, where required, in the State where the subject real estate is situate; that the Grantor has full capacity to convey the
<br />real estate described; and that all necessary action for the making of this conveyance has been duly taken.
<br />Pagc 1 ol'2
<br />E' 9
<br />F� l : ir' � 5� � A 4J+7✓ •
<br />
|