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ID cm. i (D2 7E3 <br />RECORDED AS PRESENTED ON <br />03/21/2006 12:47:43PM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $21.00 <br />PAGES: 7 <br />PROJECT: STP-9971(053) <br />PARCEL: 24, 24A & 24B <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT WWR Holdin Com any L.L.,.C.. a Michi an limited <br />liability company <br />of Alpena _ County, in the State of Michigan <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 grantor's(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 />errading and/or walk construction and/or curb installation on said lands and to use any material lying within <br />the above -described Iimits suitable for use in construction of said driveway and/or lawn grading and/or <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 executing this agreement represents and certifies on behalf of the Grantor, that he <br />is the Manager of the Grantor and has been fully empowered by the Grantor, to execute and deliver this <br />agreement and all other such instruments of transfer; that the Grantor is a Limited Liability Company in <br />good standing in the State of its origin and, where required, in the State where the subject real estate is <br />situate; that the Grantor has full capacity to convey the real estate described; and that all necessary action <br />for the making of this conveyance has been duly taken. <br />Dated this p-YL day of Igg— , 2005. <br />VdMCR I-lolding, Company. L.L.C.. a Mlchig)an limiled liability com pan <br />Timothy E. Fitzpatrick. Manager <br />(Printed Name and Title) <br />Page 1 of 2 <br />