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3 I71 <br />PERMANENT UTILITY EASEMENT <br />(Storm Server) <br />2D(S--3<3KD31 <br />RECORDED AS PRESENTED ON <br />09/08/2006 01:13:29PM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $28.00 <br />PAGES: 7 <br />THIS INDENTURE, made this —Z— day of2006 by and between <br />WAGGONER FARMS DEVELOPMENT, L.P. and WAGGONER'S DAIRY FARMS, INC. <br />(collectively, the "Grantor"), and the CITY OF SOUTH BEND, INDlAINA (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 utility systems, including a storm sewer, a sanitary sewer system, a water <br />system, other similar utility systems and related facilities, together with the right of ingress to and <br />egress from said easement for said purposes including the use and transportation of equipment or <br />facilities incident thereto, in, upon, over and under the real estate in the City of South Bend, St. <br />Joseph County, State of Indiana, more particularly described at Exhibit A. <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 utility systems in said easement. <br />The Grantee shall restore the land disturbed by its work to as near the original conditions as is <br />reasonably practicable; provided however, that the Grantee shall not be responsible for restoring (or <br />compensating anyone for) improvements or obstructions damaged by the utility systems or the <br />actions or omissions of Grantee (or caused by the Grantee) related to its design, use, maintenance, <br />repair, replacement or access of its utility systems or related to its additional use of its rights granted <br />hereunder or otherwise. <br />The Grantors reserve the right to use and occupy the surface area on and over the easement <br />provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to <br />use said surface, in the Grantee's sole opinion, for the purpose and intentions hereinabove expressed. <br />Page 1 of 4 <br />