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K2) �--C 6, 3C32 <br />y� v <br />AGREEMENT FOR THE PURPOSE OF <br />TEMPORARY RIGHT OF ENTRY <br />RECORDED ON <br />12-05-2002 10:19:26 <br />TERRI J. RETHLARE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC. FEE: 11.00 <br />PAGES: 2 <br />The undersigned, JVE Investment LLC, by its President, being the owner of the real estate described <br />above, gives the right, privilege and authorityfor the purpose of Temporary Right of Entry to the City <br />of South Bend, its employees and contractors, for access to said real estate for the following: <br />Purpose of Entry: To move and grade ground in conformity with adjacent land for safety <br />reasons <br />Property Description: A part of Lot 2 in the B.W. Business Park Major Subdivision, a <br />subdivision in the Northeast and Southeast Quarters of Section 24, <br />Township 38 North, Range 1 East, Warren Township, and the <br />West Half of the Northwest and Southwest Fractional Quarters of <br />Section 19, Township 38 North, Range 2 East, German Township, <br />the plat of which is recorded as Instrument No. 0111166 in the <br />Office of the Recorder of St. Joseph County, Indiana, described as <br />follows: Commencing at the northeast corner of said Lot 2; thence <br />South 00 degrees 27 minutes 56 seconds East (South 00 degrees 52 <br />minutes 53 seconds East per said subdivision) 270.16 feet along the <br />East line of said Lot 2; thence South 07 degrees 19 minutes 27 <br />seconds East (South 07 degrees 44 minutes 24 seconds East per <br />said subdivision) 336.54 feet along the East line of said Lot 2; <br />thence South 00 degrees 28 minutes 53 seconds East (South 00 <br />degrees 53 minutes 50 seconds East per said subdivision) 29.28 feet <br />along the East line of said Lot 2; thence South 88 degrees 22 <br />minutes 18 seconds West 16.19 feet to the Point of Beginning for <br />this description; thence South 88 degrees 22 minutes 18 seconds <br />West 76.00 feet; thence North 00 degrees 03 minutes 38 seconds <br />West 568.53 feet; thence South 89 degrees 58 minutes 31 seconds <br />East 11.00 feet; thence South 01 degree 45 minutes 51 seconds <br />East 134.00 feet; thence South 14 degrees 36 minutes 17 seconds <br />East 79.28 feet; thence South 07 degrees 19 minutes 45 seconds <br />East 313.71 feet; thence South 01 degree 50 minutes 35 seconds <br />East 44.59 feet to the Point of Beginning, and containing 24122 <br />square feet, more or less. <br />Subject to covenants and restrictions of record. <br />Furthermore, in consideration of the grant of temporary right of entry, the City of South Bend <br />agrees to indemnify, defend, and hold harmless JVE Investments LLC, its agents and employees, from <br />any claims, suit, cause of action or loss of any kind, including attorney's fees, arising front the <br />exercise of this temporary right of entry. <br />City of South Bend agrees that at the expiration of this temporary right of entry, it will leave <br />said property in as good as or better condition as it exists on this date, consistent with the purpose of <br />