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QDC� 1 12329-7 <br />RECORDED AS PRESENTED ON <br />03/21/2006 12:46:14P14 <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $23. 00 <br />PAGES: 0 <br />PROJECT: STP-9971(053) <br />PARCEL: 25, 25A & 25B <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT C-B Really. an Indiana general partnership <br />of St. JoSQ12h County, in the State of Indiana , <br />CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA <br />for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt <br />whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: <br />Exhibit "A" attached hereto and made a part hereof <br />The undersigned grantor(s), being duly sworn, say(s) that lie (she, they) is (are) the sole owner(s) of tine <br />above -described property, and said grantor(s) further represent(s) that there are no leases or options of any <br />kind or character on said lands as conveyed. <br />The above-described.right of way is temporary right of way for the purposes of constructing a driveway for <br />service to the grantor'' s) private property and/or lawn grading and/or walk construction and/or curb <br />installation and will revert to the grantor(s) upon the completion of said project. It is further understood <br />and agreed that this conveyance transfers only the right to make or construct said driveway and/or lawn <br />grading and/or walk construction and/or curb installation on said lands and to use any material lying within <br />the above -described limits suitable for use in construction of said driveway and/or lawn grading and/ote <br />walk construction and/or curb installation and does not convey any rights to any minerals or other <br />substances underneath the surface, except as it may be used for the construction of said improvements. <br />Trees or any other land improvements may be cut or removed from said granted temporary easement by the <br />City of South Bend, through its authorized representatives during said construction. <br />The undersigned person(s) executing this agreement represent(s) and certify(certifies) on behalf of the <br />Grantor, that he/she/they is (are) the General Partner (Title) of the Grantor and has (have) been fully <br />empowered by the Grantor, to execute and deliver this agreement and all other such instruments of <br />transfer; that the Grantor is a partnership in good standing in the State of its origin and, where required, in <br />the State where the subject real estate is situate; that the Grantor has full capacity to convey the real estate <br />described; and that all necessary action for the making of this conveyance has been duly taken. <br />Dated this day of AJ , 2005. <br />James M. Bradley, General Partner <br />(Printed Name and Title) <br />Page I of 2 <br />