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PROJECT: STP-9971(053) <br />PARCEL: 5A, 5B, 5C, 5D, 5E, 5F & 5L <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT William R. Dobslaw, being over the age of eighteen (18) <br />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 any <br />kind or character on said lands as conveyed other than an unrecorded lease with Advanced Stores <br />Company, Incorporated that may encumber a portion of the aforementioned real estate and a recorded lease <br />with Hollywood Entertainment Corporation that may encumber another portion of the aforementioned <br />property. <br />The above -described right of way is temporary right of way for the purposes of constructing a driveway for <br />service to the rantor'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 gradingand/or <br />nd/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 day of <br />2006. <br />_(Signature) (Signature) <br />William R. Dobslaw <br />_(Printed Name) (Printed Name) <br />STATE OF INDIANA ) <br />) SS: <br />COUNTY OF ST. JOSEPH ) <br />Before me, the undersigned, a Notary Public in and for said County and State, this day of <br />, 2006, personally appeared William R. Dobslaw <br />being over the age of eighteen (18), and acknowledged the <br />execution of the foregoing instrument. Witness my hand and notarial seal. <br />(SEAL) <br />My Commission Expires: <br />_ Notary Public <br />County of Residence <br />This instrument prepared by: Shawn E. Peterson, Attorney at Law <br />