Laserfiche WebLink
KD62tfi63a <br />PROJECT: STP-9971(053) <br />PARCEL: 5A, 5B, 5C, 5E, 51), 5F <br />RECORDED AS PRESENTED ON <br />06/16/2006 12:36:28PN <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $31.00 <br />PAGES: 11 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS E14DENTUTV WITNESSETH, THAT Holl ood Entertainment Corporation, an Ore on <br />cor� orb, of t County, in the State of , Oregon, <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 (the "Real Estate") in St. Joseph <br />County, Indiana, to -wit: <br />Exhibit "A" attached hereto and made a part hereof <br />This temporary easement shall be effective to the extent the Grantor has the authority to grant such rights <br />to the Grantee, but shall, in any case, be superior to any possessory or leasehold interest the Grantor may <br />have in the above -described Real Estate as long as such temporary right of way is in effect. Execution of <br />Ns Corporate Quitclaim Deed in favor of the City of South Bend, Indiana, shall in no way be construed to <br />affect any rights the Grantor may have against the owner of the Real Estate under certain lease the Grantor <br />has with said owner (the "Lease") for the loss of the use of the Real Estate. It is the Grantor's <br />understanding that the City of South Bend is prepared to acquire nearby property for right-of-way purposes <br />through the use of eminent domain in order to construct a right-of-way improvements, including road <br />improvements. Thus, the granting of this temporary easement for the Real Estate is necessary to allow for <br />the construction of improvements by the Grantee that may lessen the impact of the right-of-way <br />improvements on the remaining property subject to the Lease. <br />The above -described right of way is temporary right of way for the purposes of constructing a driveway for <br />service to the antor'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 />adin 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 on behalf of the Grantor, that he <br />is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or the by-laws <br />of the Grantor, to execute and deliver this agreement; that the Grantor is a corporation in good standing in <br />the State of its origin and, where required, in the State where the subject real estate is situate; that the <br />Grantor has full corporate capacity to convey the real estate described; and that all necessary corporate <br />action for the making of this conveyance has been duly taken. <br />Page 1 of 2 <br />