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PROJECT: STP-9971(053) <br />PARCEL: 32, 32A & 32B <br />RECORDED AS PRESENTED ON <br />03/21/2006 01:01:02PM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $23. 00 <br />PAGES: 8 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT Elton S. Stephens and Bessie. Stephens Trustees under a <br />Declaration of Trust dated June 23 1992 <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 />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 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 r•antor's s'private propegy 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/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 persons executing this agreement represent and certify that they are Trustees under the <br />Elton S. Stephens and Bessie Stephens Declaration of Trust dated June 23 1992 ; and that pursuant to <br />the Trust Agreement, have full authority to manage the affairs of said Trust and sign and execute <br />documents on its behalf, that this authority has not been revoked; and therefore, are fully authorized and <br />empowered to convey to the City of South Bend, State of Indiana real estate of the Trust; and on the date <br />of execution of said conveyance instruments, it had full authority to so act. <br />Dated this 16�`-- clay of f 2005. <br />SEAL; n <br />�*ef <br />_ <br />(Signature) (Signature) <br />Elton S. Stephens, Trustee Bessie Ste hens Trustee <br />(Printed Name and Title) (Printed Natne and Title) <br />Page t of 2 <br />