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PROJECT: STP-997](053) <br />PARCEL: 42 <br />216�___ ED-101 <br />RECORDED AS PRESENTED ON <br />06/14/2006 10:05:40AM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: !W.00 <br />PAGES: 4 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETI-I, THAT Richards Restaurants, Inc., -an Indiana corporation <br />a <br />Of Jay 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. <br />The above -described right of way is temporary right of way for the purposes of constructing a driveway for <br />service to the grantor'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 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 the <br />undersigned is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or <br />the by-laws of the Grantor, to execute and deliver this agreement; that the Grantor is a corporation in good <br />standing in the State of its origin and, where required, in the State where the subject real estate is situate; <br />that the Grantor has full corporate capacity to convey the real estate described; and that all necessary <br />corporate action for the malting of this conveyance has been duly taken. <br />Dated this � . ) "-,C day of <br />�' _I , 2005. <br />Richa s Re taurants. Inc. an Indiana cor oration <br />J4 Alf <br />;(S/aturc) <br />Ronald L. Milholland, Vice President <br />(Printed Name and Title) <br />Pagc 1 of 2 <br />t� <br />ROY A. BUSKIRK <br />. No� ;. <br />Allen County <br />y, .;fs <br />My Commission Expires <br /><fi?:paT' <br />March 13, 2009 <br />E <br />