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-)-II�'1C,'- <br />q <br />`1 <br />PROJECT: 103-79 <br />PARCEL: 5 & 5A <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT ACRi Inc. an Indiana corporation <br />ofLOS /In/CTEGES County, 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 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 rantor's s'private propeM 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 rag _din 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 day of - , 2005. <br />(Printed Name and Title) <br />Page I of 2 <br />