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C oP <br />old - /U / / l W Uv f <br />Trams.tar_._).? 3 �� <br />PROJECT: 103-79 <br />PARCEL: 5 & 5A <br />RECORDED AS PRESENTED ON <br />12/20/2005 03:21:06P-M <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $15.00 <br />PAGES: 4 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT . ACRI Inc.. an It corporation _ <br />of(_o!5 11County, in the State of California , <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 her,-Ao and made a part hereof <br />The undersigned grantor(s), being duly sworn, say(s) that Ile (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 fur <br />service to the rantor's s'private propeM and/or lawn radm- 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 grading 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 rag ding 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(s) executing this Agreement represent(s) and certify(certifies) on behalf of the <br />Grantor, that (each of) the undersigned is a duly elected officer of the Grantor and has been fully <br />empowered by proper resolution, or the by-laws of the Grantor, to execute and deliver this Agreement, that <br />the Grantor is a corporation in good standing in the State of its origin and, where required, in the State <br />where the subject real estate is situate; that the Grantor has full corporate capacity to convey the real estate <br />described; and that all necessary corporate action for the making of this conveyance has been duly taken. <br />Dated this R�) day of C���� �'�'� , 2005. <br />(Printed Name and Title) <br />Page 1 of 2 <br />:?fin ' ` <br />' <br />DBE, 2 1 1005' <br />