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RECORDED AS PRESENTED ON <br />03/06/2007 10:01:02AM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $18.00 <br />PROJECT: STP-S270(001) PAGES' 4 <br />PARCEL: 34 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT B & R Oil Co., Inc. <br />of St. Joseph 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 />Tile 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 properly and/or lawn grading 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 grading 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 rading 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 />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 making of this conveyance has been duly taken. <br />Dated this day of �`` u sT� , 2005. <br />I affirm under the penalties for perjury that I have <br />taken reasonable care to redact each ois by Security <br />Number in this document, unless required <br />B & R Oil Co. Inc. (name) <br />B �l 2 <br />(Signature) <br />William Shaver Executive Vice President <br />(Printed Name and Title) <br />Page 1 of 2 <br />