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3�4C�,
<br />Taxing
<br />�? ca 761
<br />PROJECT:
<br />PARCEL:
<br />STP-9971(053)
<br />8
<br />RECORDED AS PRESENTED ON
<br />PERPETUAL UTILITY EASEMENT
<br />06/14/2006 10:20:42AM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: S17.00
<br />PAGES: 4
<br />(FOR THE CONSTRUCTION, MAINTENANCE AND REPAIRING
<br />OF UTILITY STRUCTURES)
<br />THIS INDENTURE WITNESSETH, That J me D F€ b n n Mai S an Fl isb-n
<br />the Grantor(s), of St. Josoj)h County, in the State of Indiana , 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 (`E; 10.00 ), and other valuable
<br />consideration, the receipt of which is hereby acknowledged, a perpetual easement in, tinder, 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 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 constnict, relocate, clean, repair and generally maintain
<br />the said utilit}, 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 shalt erect any permanent stnicture, 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 irnrnediately upon
<br />noblication by the Grantee of the need to enter said Real Estate to perform the hereinbefore described work.
<br />Any such penunaneut or temporary strictures, trees, sluarbbery, 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 teens of this easement without liability or payment thereof.
<br />Grantor(s) warrant(s) that they are the Owner(s) in fee simple of said Real Estate, lawfully 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 easement contained herein; and
<br />warrants(s) that It icy will defend Grantee's title in said easement against all claims. The easement -.granted herein, and
<br />its associated benefits and obligations, shall nun with said Real Estate and be binding upon the Grantor(s) and all
<br />successors and assitnts. This indenture shall bind and inure to [lie 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 />IN WITNESS WHEREOF, (lie said Grantor(s) ha ve executed this instrrunent this day of
<br />.� , 2005.
<br />(S' unahu-e)
<br />JamsJaims D. 1-1 s nd
<br />(Printed Name)
<br />(Sbignature)
<br />May y Susan Flusband
<br />(Printed Name)
<br />Page 1 Of 2. ROY A. BUSKIRK
<br />?•fp,;AY•.: Allen Counly
<br />My Commission Expires
<br />March 13.2009 r
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