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• ACT <br />PROJECT: STP-9971(053) <br />PARCEL: 1 7A <br />06 1 ID28en" <br />RECORDED AS PRESENTED ON <br />03/21/2006 12:26:39PM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $17.00 <br />PAGES: 5 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT The Viola P. Fisher Trust dated Jul 6 1994 <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 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 rancor's s'private propeLU 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 iv way 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 person executing this agreement represents and certifies that lie is Successor Trustee of <br />The Viola P. Fisher Trust dated July G 1994 ; and that pursuant to the Trust Agreement, has full <br />authority to manage the affairs of said Trust and sign and execute documents on its behalf, that this <br />authority has not been revoked; and therefore, is fully authorized and empowered to convey to the City of <br />South Bend, State of Indiana real estate of the Trust; and on the date of execution of said conveyance <br />instruments, it had full authority to so act. <br />Dated this day of 2005. <br />The Viola P. Fisher Trust dated July 6 1994 <br />B <br />(Signature) <br />Ralph Lybarger. Successor Trustee <br />(Printed Name and Title) <br />Page 1 of 2 <br />�- <br />IYC <br />ROY A. BUSKIRK <br />rgrwr <br />Allen County <br />J .,SEAL <br />My Commission Expires <br />� �i. <br />March 13, 2009 <br />