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RECORDED AS PRESENTED ON <br />1 06/14/2006 10:32:34AM <br />J TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: s i5 00 <br />PAGES: 3 <br />PROJECT: STP-S270(001) <br />PARCEL: 25 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT Carol A. Whitteberry <br />being over the age of eighteen (18) years, of St. J_osepi 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 rantor's s'private property and/or lawn gradinR and will revert to the grantor(s) upon the <br />completion of said project. It is further understood and agreed that this conveyance transfers only the right <br />to make or construct said driveway and/or lawn gradiLig 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 gradiug and does <br />not convey any rights to any minerals or other substances underneath the surface, except as it may be used <br />for the construction of said improvements. Trees or any other land improvements may be cut or removed <br />from said granted temporary easement by the City of South Bend, through its authorized representatives <br />during said construction. <br />Dated this <br />(Signature) <br />ay of <br />(Signature) <br />fL IT.� <br />Carol A Whitteberry <br />(Printed Name) (Printed Name) <br />STATE OF INDIANA }rPr•., ROYA.RUSKIRK <br />} SS: �� o ,�aY Allen County <br />COUNTY OF ST. JOSEPH } sEn.L My Commission Expires <br />"'foFgN:' ` March 13, 2009 <br />Before e, the undersigned, a Notary Public in and for said County and State, this % •Z day of <br />2005, personally appeared Carol A. Whitteberry <br />, being over the age of eighteen (18), and acknowledged the <br />execution of the foregoing instrument. Witness my hand and notarial seal. <br />n <br />My Commission Expires: <br />This instrument prepared by: John R. Livingston, Assistant City Attorney <br />