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03110/2000 03 36 FAX <br />RIGHT OF ENTRY <br />(Bare Land Only) <br />(\'Pith Site Improvements) <br />�, fi >'sa <br />Project: STP-097I(053) <br />Parcel: 5 <br />WHEREAS, the City of South Bend, State of Indiana is contemplating construction work on Utltb-]ichjran <br />S r •c1. , which will require acquisition of rights -of -way across certain lands of the undersigned 1n--5J-1 npli- County, <br />Indiana. <br />AND WHEREAS, iL is desirable that such constntctian be commenced is rapidly ns possible, but that certain <br />qucsuorhs have arisen ❑h the negotiations between the City of South Bend, State of Indiana and the undersigned, which will <br />require additional consideration by both parties, and it is desired that the said questions be resolved before further <br />negotiations are had, but that it is desirable that the consiniction of die highway project known as —5TP-9971 f053)_ _ be <br />not delayed. <br />NOW THEREFORE, be it agreed by and between the undersigned and the City of South Bend, State of Indiana <br />that Tor and in consideration of the Icniporary forcgwng of the exercise of the right of cmincnt domain by the City of South <br />Bend. State of Indiana and the further benefits that may be derived by both parries by an extended period in which to resolve <br />questions and conuntte negotiations, that the undersigned does hereby grant a right of entry all and across his lands affected <br />by the above. project, which are more particularly described in a Warranty Deed and Temporary Easement Agreement <br />designating required rights -of -way referred to as Parcel —5 , which proposed Warranty Deed and Temporary Easement <br />Agreement and descriptions arc by reference incorporated herein -rid made a pan hereof. <br />That this right of entry shall permit the City of South Sond, Stalc of Indiana through its employees, agents, and <br />contractors to proceed with the construction of the highway and to do such nets thereon as would be permitted if die rights- <br />of-tvay had actually been oblauhed. That the undersigned waives no right to make claim for any damages fer any acts which <br />are outside the right-of-way limits and which would normally be the basis for an action for damages. <br />Neither party hereto waives tuhy of the rights in the event negotiation fails, and it is necessary Llhat the property be <br />condemned. IL is rurthcr agmod that the owmr will not have, to remove from the area of construction any signage or lighung <br />until payment Is received to move the vrtprovetnents ettber through direct payment or deposit with the courts in case of <br />condemnation. X <br />1(/ <br />WITNESS THEREOF, tlrc undersigned has his U /ereto set his hand and sea] this day of <br />nZ <br />V, �S� 2006, <br />(Signature) (Signature) <br />Wall ill, R <br />(Printed Name) {Printed Name) <br />STATE OF rNDIANA ) <br />) SS: <br />COUNTY Of ST 10SEPH ) <br />Before me, d Notary Public in and for said County and State, personally appeared ,'11imn3__Dobslaw who <br />acknowledged Lhe execution of die above and foregoing instninhent to be his voluntary act and deed and for die purposes <br />slated therein. f, j <br />Witness my hand and Notnrinl Seal this CI day of j Y F u , 2006. <br />(SEAL) <br />of Public (Signature) � <br />-} , I Notary Public (Printed Name) <br />'My Commission expires T <br />My County of residence is <br />This instntmenL prepared by: Shawn F, Peterson, Atrorney at Lath <br />