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TOGETHER WITH THE FOLLOWING RIGI•ITS. FACILITIES: The right of the Grantee
<br />to construct, reconstruct, operate, maintain, inspect, protect, repair, replace, renew, relocate along
<br />the centerline and remove poles with cross arms, guys, anchors, grounding systems, and all other
<br />appurtenant equipment and fixtures, and the string wires and cables, adding thereto from time to
<br />time, on and across said lands. TREES AND OBSTRUCTIONS IN EASEMENT: The right to
<br />cut down, trim and otherwise control, and at the Grantee's option, remove from said casement any
<br />and all trees, overhanging branches, brush, buildings, structures, or other obstructions, together with
<br />the right to cut down, trim and otherwise control, and, at the Grantee's option to remove from the
<br />lands of the Grantor adjoining said easement any and all other trees which in the opinion of the
<br />Grantee may endanger the safety of, or interfere with the construction, operation or maintenance of
<br />said facilities. INGRESS AND EGRESS: Giving the Grantee the right of ingress and egress in and
<br />over existing or future roads and lanes and other reasonable routes on said lands, and any of the
<br />adjoining lands of the Grantors, for the purpose of exercising and enjoying the rights granted.
<br />It is understood and agreed between the parties hereto that:
<br />1. The Grantor reserves the right to cultivate, pasture or otherwise use said lands in anyway
<br />not inconsistent with the rights herein granted. however, no building, structure,
<br />advertising device, swimming pool or deep well shall be erected or placed by the Grantor
<br />within the easement herein granted.
<br />2. The Grantee agrees to repair or pay the Grantor for damage to stock, growing crops,
<br />fences, gates, field tile, drainage ways, drives, lawns, or structures caused by the Grantee
<br />in the exercise of the rights herein granted. Grantee agrees to pay the standing timber
<br />value, based on Board Measure, at the market price in the vicinity, for any trees cut
<br />outside the casement, which are marketable as timber.
<br />3. This instrument contains all agreements expressed or implied between the parties herein
<br />and shall inure to the benefit of and be binding upon their respective heirs, executors,
<br />administrators, lessees, tenants, successors, and assigns-
<br />1 affirm, under the penalties for perjury, that 1 have
<br />taken reasonable care to redact each Social Security
<br />number In this document, u ess required by law.
<br />CITY OF SOUTH BEND
<br />BOARD OF PUBLIC WORKS
<br />Gary Gilot, President
<br />Carl ittrell,/JMember
<br />onald Inks, Member
<br />STATE OF INDIANA, ST. JOSEPH COUNTY, ss:
<br />Before me, a Notary Public in and for said County and State, personally appeared Board of
<br />Public Works President Gary Gilot and Board of Public Works members Carl Littrell and Donald
<br />Inks, respec 'vely, of the City of South Bend, and acknowledge the execution of the foregoing deed
<br />on Zt� , 2008.
<br />My Commission Expires: I lrlr� ��t'• Co/!A—Notary Public
<br />Residing in St. Joseph County, Indiana
<br />Prepared by Thomas L. Bodnar, Assistant City Attorney, 1400 County -City Building, South Bend, IN 4 660 1.
<br />0815791
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