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1 �-74F Lr8`7 <br />RECORDED AS PRESENTED UR <br />11/30/2007 10:17:49AM <br />TERRY ,I. RETHLAKE <br />ST• jOSEpH <br />RECORDERpUNTY <br />REC FEE: $38- 00 <br />PROJECT: HES-9971() PAGES: 14 <br />PARCEL: 5A, 5B, 5C, 5F & 5G <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT South Bend MAC L.P. an Indiana Limited Partnership <br />of St. Joseph County, in the State of Indiana , <br />CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA <br />227 11. Jefferson Blvd., Suite 1316, South Bend, IN 46601 <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 he (she, they) is (are) the sole owner(s) of the <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(s') private property and/or lawn grading and will revert to the grantor(s) upon the <br />completion of said project. It is further understood and agreed that this conveyance transfers only the right <br />to make or construct said driveway and/or lawn rg ading 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 does <br />not convey any rights to any minerals or other substances underneath the surface, except as it may be used <br />for the construction of said improvements. Trees or any other land improvements may be cut or removed <br />from said granted temporary easement by the City of South Bend, through its authorized representatives <br />during said construction. <br />The undersigned person executing this agreement represents and certifies that South Bend MAC, Inc. is <br />the general partner of the Grantor and has been fully empowered by proper resolution or other action of the <br />Grantor to execute and deliver this agreement for and on behalf of the Grantor; that the Grantor is a <br />partnership in good standing in the State of its origin and, where required, in the State where the subject <br />real estate is situate; that the Grantor has full legal capacity to convey the real estate described; and that all <br />necessary partnership action for the making of this conveyance has been duly taken. The undersigned <br />person executing this agreement further represents and certifies that the undersigned is a duly elected <br />officer of South Bend MAC, Inc. and has been fully empowered by proper resolution or the by-laws of <br />South Bend MAC, Inc. to execute and deliver this agreement for and on behalf of South Bend MAC, Inc. <br />as the general partner of the Grantor, and that all necessary corporate action for doing so has been duly <br />taken. <br />Dated this L day of C 2007. <br />South fiend MAC L.P., an Indiana Limited Partnership <br />By: South Bend MAC, Inc., its General Pa - e <br />13, <br />G <br />(Signaty C) <br />Martvit. Wills, President <br />(Printed Naine and Title) <br />Page I of 2 <br />