#3250- Deed; GRANT OF EASEMENT AGREEMENT and QUIT-CLAIM DEED That Part of the NW Quarter of Sec 31, Twnshp 37 N, Range 3 E, Beg at the SW Corner of Lot 2 of York Road Fire Station Minor Sub

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NQId Ra&d C� RECORDED AS PRESENTED ON 10/17/2008 03:40:03PN T ERRI J. RETHLAKE- ST. JOSEPH COUNTY RECORDER REC FEE.- $23.00 PAGES: 6 Cross -Reference York Road Fire Station Minor Subdivision Instrument No. 9805232 GRANT OF EASEMENT AGREEMENT This Grant of Easement Agreement (this "Agreement") is made this 'i "`day of s ` , 2008, by the SOUTH BEND COMMUNITY SCHOOL CORPORATION ("Gr ntor"), in favor of the CITY OF SOUTH BEND, an Indiana municipal corporation ("Grantee"). RECITALS A. WHEREAS, Grantor is the fee simple owner of certain real property located in the City of South Bend, St. Joseph County, Indiana (the "Grantor's Property"); and B. WHEREAS, Grantor desires to grant to Grantee and Grantee desires to obtain from Grantor, a perpetual, non-exclusive easement on, in, under, above, over, across, and through that portion of the Grantor's Property that is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Area") to install, maintain, operate, repair, replace, and inspect storm sewer utility lines and appurtenances thereto (the "Facilities"); and, C. WHEREAS, Indiana Code 36-1-11-8 permits Grantor and Grantee to transfer property upon terms and conditions agreed upon by the entities as evidenced by the adoption of substantially identical resolutions by the Board of Public Works of Grantee and the Board of School Trustees of the School Corporation, in which the custody and control of the Grantor's real estate is vested pursuant to Indiana Code 20-26-5-4 in accordance with Indiana Code 20-26-7-1. GRANT AND AGREEMENT NOW, THEREFORE, in consideration of the conveyance, mutual promises, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows.