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- i C:ORDEL) AS PRESENTED ON <br />04/04/2006 02:31:22PH <br />J - TEk'I J. R£THLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />, C` 0 (� �REC. FEE! 16. Ora <br />1� PAGES: 3 <br />PROJECT: STP-9971(053) <br />PARCEL: 36 <br />1716 1 <br />REC DED AS PRESENTED OAI <br />03/ /2006 01:04:33PM <br />TERRI RETHLAKE <br />ST. JOSE COU <br />RECOR <br />REC 5. 00 <br />P S: 4 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT Donald A. I leilman,;Ir. and Carol I,. I Icilman <br />being over the age of eighteen (18) years, of St. Josef h County, in the State of Indiana , <br />CONVEY(S) A TEMPORARY EASEMENT 1-0 THE CITY OF SOUTI4 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 granlor'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 />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 constructions 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 /6/0 day of / 12005. <br />} <br />(Signature)*, <br />.RNDi�H <br />Donald A. Heilman. Jr. <br />(Printed Name) <br />STATE OF INDIANA } <br />) SS: <br />COUNTY OF ST. JOSEPH ) <br />(Signature) <br />Carol L. Heilman <br />(Printed Name) <br />Before me, thp undersigned, a Notary Public in and for said County and State, this ` &Y-X day of <br />_.. , 2005, personally appeared Donald A. Heilman, Jr. and Carol L. <br />Heilman , being over the age of eighteen (18), and acknowledged the <br />execution of the foregoing instrument. Witness my hand and notarial seal. <br />My Commission Expires: <br />2.410- 69 <br />Notary P li aM6 <br />County f R sidence <br />"I'liis instrument prepared by: John R. Livingston, Assistant City Attorney <br />