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0;e,x(j31C.D <br />RECORDED AS PRESENTED ON <br />03/21/2006 01:06:15PM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $15.00 <br />PAGES: 4 <br />PROJECT: STP-9971(053) <br />PARCEL: 37 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT Fred A. Kelley and Patricia L. Kelley <br />tieing over the age of eighteen (t S) years, 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 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 ally <br />kind or character oil said lands as conveyed. <br />The above -described right of way is temporary right of way for the purposes of consh'ucting a driveway for <br />service to the grantor's(s') private property and/or lawn grading and/or wall: 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 />radin and/or walk construction and/or curb installation on said lands and to use any material lying within <br />the above -describers 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 />Dated this L' day of Q-ei , 2005. <br />r <br />(Signature) <br />Fred A. Kelley <br />(Printed Name) <br />STATE OF INDIANA ) <br />) SS: <br />COUNTY OF ST. JOSEPH ) <br />(Signature) <br />cJ <br />Patricia L. Kelley <br />(Printed Name) <br />l <br />ROY A. BkjbKl� <br />Allen County <br />= : , - •" <br />my Commission Exp•ues <br />"L 'c1�2009',•.....4�;�` <br />March <br />B ore me, the undersigned, a Notary Public in and for said County and State, this day of <br />2005, personally appeared Fred A. Kelley nd Palricia L. ell <br />, being over (fie age of eigliteen (IS), and acknowledged the <br />execution of d,e foregoing instrument. Witness my hand and notarial seal. <br />My Commission Expires: <br />Notary <br />County <br />This instrument prepared by. John R. Livingston, Assistant City Attorney <br />