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--/0 AWiC
<br />0-70-78 1 1
<br />RECORDED AS PRESENTED ON
<br />02/27/2007 02:37:57PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $15.00
<br />PAGES: 2
<br />DISTRIBUTION EASEMENT
<br />Parcel ID No. Lot "A"
<br />Easement No. IN-06.1108
<br />Map No. 575
<br />THIS INDENTURE, made by and between CITY of SOUTH BEND, IN, whose address is County -
<br />City Building (Department of Public Works -- Room 1316) South Bend, IN 46601 ("Grantor"), and INDIANA
<br />MICHIGAN POWER COMPANY, an Indiana corporation, whose post office address is P.O. Box 60, One Summit
<br />Square, Fort Wayne, Indiana, 46801 ("Grantee").
<br />WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand paid,
<br />the receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey to
<br />Grantee a TWENTY FOOT (20') WIDE RIGHT OF WAY AND EASEMENT (see EXHIBIT "A" (Sheets 1 and 2)
<br />attached hereto for specific dimensions and location identification) for the construction, operation, use,
<br />maintenance, repair, renewal, and removal of a line or lines of underground facilities and equipment for the
<br />transmission of electrical energy in, on, along, under, over, across, and through the following described REAL
<br />ESTATE, to wit:
<br />A part of the Southeast Quarter of Section 2, Township 37 North, Range 2 East, Portage Township, City
<br />of South Bend, St. Joseph, Indiana, known as FIRE STATION REPLAT (Being a replat of Lots 5, 6 & 7, also part
<br />of Lots 2, 3, 4 & 8 Kunstman's 2°d Addition, also part of Lots 13, 14 & 15 of Kunstman's Addition, also Lots 13 & 14
<br />of George Rush Subdivision, also Lots 2, 3 & 4 and part of Lot 1 of Ort's Subdivision.) The FIRE STATION
<br />REPLAT was recorded in Document No. 0704433 on February 1, 2007 in the Office of the Recorder of St- Joseph
<br />County, Indiana. - --
<br />Being the same or part of the same property conveyed to the CITY of SOUTH BEND, IN by SOUTH BEND
<br />HERITAGE FOUNDATION, Inc and SOUTH BEND HERITAGE FOUNDATION PROPERTIES, LLC by deed dated
<br />October 4, 2006, and recorded in Document No. 0643691 on October 10, 2006 in the Office of the Recorder of St.
<br />Joseph County, Indiana,
<br />TOGETHER with the right of ingress and egress to, from and over said premises, and also the right
<br />to cut or trim and/or remove any trees or bushes which may endanger the safety or interfere with the
<br />construction, maintenance, or use of said facilities.
<br />GRANTEE shall promptly repair or replace all physical damage on the premises proximately
<br />caused by the construction, operation and maintenance of Grantee's facilities.
<br />GRANTOR warrants that no structure or building shall be erected upon said easement.
<br />AFTER the completion of said system, the Grantor reserves the full use of the land which is not
<br />inconsistent with the existence and maintenance of said facilities but does agree not to change elevation or grade
<br />within the area of said easement without the written prior consent of Grantee.
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