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RECORDED AS PRESENTED ON <br />1 affitall under the penalties for perjury, that I have taken 03/06/2007 10:00:57AM <br />reasonable rare to redact each Social Security number TERRI J. RETHLAKE <br />in this document, unless to wired by law (name) ST. JOSEPH COUNTY <br />RECORDER <br />J 1ir t!-c'r REC FEE: S16.00 <br />PROJECT: STP-S270(001) PAGES: 3 <br />PARCEL: 20 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, THAT James C. Borden Personal Re resentative of The Estate <br />of Joan C. West <br />being over the age of eighteen (18) years, 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 />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 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 grading 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 ►2 day of 131�, 2005. <br />1 7- <br />The Estate of Joan C. West <br />t rf B / <br />(Signs uI <br />James C. Borden Personal Representative <br />(Printed Name and Title) <br />STATE OF INDIANA ) <br />) SS: <br />COUNTY OF ST. JOSEPH ) <br />ROY A. BUSKIRK <br />AIIenCounty <br />a• s u •:, <br />My Commission Expires <br />"'� '"•' ` <br />March 13, 2009 <br />Before me, the undersigned, a Notary Public in and for said County and State, this day of <br />2005, personally appeared James C. Borden, Personal <br />Representative of The Estate of Joan C. West , being over the age of eighteen <br />(19), and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. <br />My Commission Expires: <br />Notary Pu c <br />County o esidence <br />This instrument prepared by: John R. Livingston, Assistant City Attorney <br />