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RECORDED AS PRESENTED ON <br />06/15/2006 11:28:29AM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $25. 00 <br />PAGES: 8 <br />PROJECT: STP-9971(053) <br />PARCEL: 7, 7A & 7C <br />TEMPORARY EASEMENT AGREEMENT <br />T1711S INDENTURE WITNESSETH, THAT Aldi Indiana L-P.. an Indiana limited artnershi <br />of Porter, 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 />sole <br />le <br />Tote undersigned grantol(s), being dulsworn, <br />°nfu leer rlat lie (she, they) is epresent{) that thereaa<e no leases 01, options of any <br />above -described property, and said grantor(s) <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 constructin¢ a driveway for <br />service to the raptor's s' rivate ro er and/o!• la coralading and/or walk ietion of said project, or twenty�fo !�(24) b <br />wn g <br />snsta latioln and will revert to the grantor(s) upon the p <br />months after granting said temporary right of way, <br />whichever <br />or construct sooner. <br />aid drivelwavland/or lawer n grading and/or <br />that this conveyance transfers only the r►lght to <br />walk construction and/or curb installation on said lands and to use any material lying within the above- <br />il <br />described limits suitable for use n co�nd doe-lictsnst,lnotf consaiy eylany ghtstolany minerals or others bstances <br />construction and/or curb installatioll <br />underneath the surface, except as it may be used for the construction of said Improvements. Trees or any <br />other land improvements may be cut or removed front said granted temporary easement by the City of <br />South Bend, through its authorized representatives during said construction. <br />The undersigned person executing this agreement empowered represents owered and <br />by proper resolues that tion or other action f the <br />General Partner of the Grantor and has been y P <br />Grantor to execute and deliver this agreement, and all other such instruments of transfer, for and on behalf <br />ing in <br />le <br />where <br />of the Grantor; that the Grantor is a real lest to is situin ate; <br />dthat the IGra Grantor hasof tfuli legal cain pacity to <br />required, in the State where the subject <br />convey the real estate described; and <br />elundersinecessary <br />ned person execupng this agreement further rn for the making of epresents and <br />conveyance has been duly taken. The g <br />certifies that the undersigned is the Manage of a AldiL,LIIC 'tonexec to and deliver thiss been agreement, ag ernpowered <br />and all <br />proper resolution or the by-laws of AIdI (Indiana) <br />for and on behalf of Aldi (Indiana) L.L.C. as the General Partner of the <br />other such instruments of transfer, <br />Grantor, and that all necessary action fordoing so has been duly taken. <br />Grant <br />day of �- , 2006. <br />Dated this y <br />Aldi (Indiana) L.P., an Indiana limited partnership <br />By: Aldi (Indiana) L.L.C., Its General Partner <br />B <br />(Signature) <br />Michael J. Jessen Its Mana er <br />(Printed Name and Title) page I of 2 <br />