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<br />RECORDED AS PRESENTED ON
<br />09/08/2006 01:13:28PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $27.00
<br />PERMANENT UTII.ITY EASEMENT PAGES: 7
<br />(StOrM Water Basin)
<br />THIS INDENTURE, made this 4 day of _ U V; f 2006 by and between HURON
<br />PARTNERS, L.P. and WAGGONER'S DAIRY FARMS, INC (collectively, the "Grantor"), and the
<br />CITY OF SOUTH BEND, INDIANA (hereinafter "Grantee").
<br />WITNESSETH:
<br />That for One Dollar ($1.00) and other good and valuable consideration, the receipt of which
<br />Grantor hereby acknowledges, Grantor hereby grants, conveys, and warrants to Grantee a permanent
<br />easement of the nature and at the location hereinafter set forth and described for the installation,
<br />construction, operation, maintenance, adjustment, replacement, repair, alteration, removal,
<br />modernization, and use of storm sewer systems, storm water basins and related utility systems,
<br />together with the right of ingress to and egress from said easement for said purposes including the
<br />use and transportation of equipment or facilities incident thereto, in, upon, over and under the
<br />following described real estate in the City of South Bend, St. Joseph County, State of Indiana, briefly
<br />described at Exhibit A. The use of the easement as a storm water basin shall include, but is not
<br />limited to, the storage of water in and on said real estate.
<br />The easement granted herein shall pertain to the air, surface, and subsurface rights and
<br />interests of the Grantor, for the use and benefit of the Grantee, and its successors, successors in
<br />interest and assigns, to the nature and extent Grantee may desire said rights and interests to
<br />accomplish and carry out the general purpose of this conveyance as the same has been hereinabove
<br />expressed. The easement hereby granted expressly includes the right and privilege at reasonable
<br />times to clean and remove from said easement such timber, brush, debris or obstructions interfering
<br />with the use of the real estate described at Exhibit A by the Grantee for the purposes expressed
<br />above.
<br />The Grantee shall not be responsible for restoring (or compensating anyone for)
<br />improvements or obstructions damaged by the utility systems or the actions or omissions of Grantee
<br />(or caused by the Grantee) related to its design, use, maintenance, repair, replacement or access of its
<br />storm water basin or utility systems, or related to its additional use of its rights granted hereunder or
<br />otherwise. The Grantee shall further not be responsible for any damage caused by storm water,
<br />including any excess or flooding thereof, whether on the real estate, on any other real estate in which
<br />the Grantee has an interest or elsewhere_
<br />The Grantor reserve the right to use and occupy the real estate to the extent such use does not,
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