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<br />Taxing Unit
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<br />PROJECT: STP-9971(053)
<br />PARCEL., 9
<br />RECORDED AS PRESENTED ON
<br />06/14/2006 10:22:43AM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $23.00
<br />PAGES: 7
<br />PERPETUAL UTILITY EASEMENT
<br />(FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING
<br />OF UTILITY STRUCTURES)
<br />THIS INDENTURE WITNESSETH, That _ Pizza Hut: of America, Inc.. a Delaware cou �r i n, formerly
<br />Golden Bear Family Restaurants, Inc.- an Illinois corporation
<br />the Grantor(s), of Jefferson County, in the State of Ken cl.. , Grant(s) to the City of South Bend, State of
<br />Indiana, the Grantee, for and inconsideration of the sum of 'fen and 00/100 Dollars ( 10.00 ), and other valuable
<br />consideration, the receipt of which is hereby acknowledged, a perpetual eascment 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 IegaI description attached hereto as Exhibit "A" of which is incorporated herein by reference, for the constriction,
<br />cleaning, repairing and general maintenance of utility strictures located within the 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 constrict, relocate, clean, repair and generally maintain
<br />the said utility structures 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 />Temporary structures 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 perfon-n the hereinbefore described work
<br />Any such permanent or temporary strictures, 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 />Grantor(s) warrant(s) that ---it. is the Owner(s) in fee simple of said Real Estate, lawfully seized thereof and
<br />has 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 easement contained herein; and
<br />warrants(s) that --it._ will defend Grantee's title in said easement against all claims. The easement granted herein, and its
<br />associated benefits and obligations, shall nun 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(s) executing this easement represent(s) and certify(certifies) on behalf of the Grantor,
<br />that (each oo the undersigned is a duly elected officer of the Grantor and has been fully empowered by proper resolution,
<br />or the by-laws of the Grantor, to execute and deliver this casement; that the Grantor is a corporation in good standing in
<br />the State of its origin and, where required, in the State where the subject Real Estate is situate; that the Grantor has full
<br />corporate capacity to convey the Real Estate described; and that at necessary corporate action for the making of this
<br />conveyance has been duly taken.
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