#3169- Deed; TEMPORARY EASEMENT AGREEMENT To the City of South Bend, A part of the Northwest Quarter of Section 17, Township 38 North, Range 2 East, German Township

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10C=>34<3aE RECORDED AS PRESENTED ON 08/14/2006 02:56:09PM TERRkA — I J. RETHLAKE ST. JOSEPH COUNTY xRECORDER I C% REC FEE: $25. 00 V TEI�ORARY EASEMENT AGREEMENT PAGES: 7 THIS INDENTURE WITrINESSETH, THAT Waggoner Farms Development, L.P., an Indiana limited partnership, of St. Joseph County, in the State of Indiana, and Waggoner's Dairy Farms, Inc., an Indiana corporation, of St. Joseph County, in the State of Indiana (collectively, the "Grantor") CONVEY A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, INDIANA, for the use and benefit of its department of redevelopment for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof The undersigned grantor(s), being duly sworn, say(s) that he (she, they) is (are) the sole owner(s) of the above -described property, and said grantor(s) further represent(s) that there are no leases or options of any kind or character on said lands as conveyed other than between the Grantors hereof. The above -described easement and right of way is temporary for the purposes of constructing a sidewalk and/or bike path, grading, and other miscellaneous improvements related to the improvement and construction of Dylan Drive and will revert to the grantor(s) upon the completion of said project. It is understood and agreed that this conveyance transfers the right to make or construct said improvements on said lands and to use any material lying only within the above -described limits suitable for use in construction of said improvements and does not convey any rights to any minerals or other substances underneath the surface, except as it may be used for the construction of said improvements. It is further understood and agreed that this conveyance transfers the right to make or construct a storm water system and a temporary storm water basin for use during the construction of said improvements. Trees or any other land improvements may be cut or removed from said granted temporary easement area by the City of South Bend, through its authorized representatives during said construction. The Grantee shall not be responsible for any damage caused by storm water, including any excess or flooding thereof, whether on the real estate, on any other real estate in which a Grantee has an interest or elsewhere. The Grantor shall be required to grant via a deed of dedication an interest in the constructed sidewalk and/or bike path to the public for its use and access, which requirement, notwithstanding any other provisions hereof, shall survive the termination of this agreement and any other provision hereof. Page 1 of 3