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ID71 1IZ)15 <br />RECORDED AS PRESENTED ON <br />03/20/2007 03:35:06PM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $22.00 <br />PAGES: 6 <br />TEMPORARY EASEMENT AGREEMENT <br />THIS INDENTURE WITNESSETH, that ST. JOSEPH COUNTY, INDIANA, an Indiana <br />political subdivision (the "Grantor"), of St. Joseph County, in the State of Indiana, <br />CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF <br />INDIANA <br />for and in consideration of one dollar ($1.00) and other good and valuable consideration, the <br />receipt whereof is hereby acknowledged, the following described real estate in St. Joseph <br />County, Indiana, to -wit: <br />Exhibit "A" attached hereto and made a part hereof <br />The undersigned person, on behalf of the Grantor, being duly sworn, says that the Grantor is the <br />sole owner of the above -described property, and said Grantor further represents that there are no <br />leases or options of any kind or character on said lands as conveyed. <br />The above -describes right of way is temporary right of way for the purposes of accessing and <br />constructing improvements related to the reconstruction and widening of Portage Avenue and <br />relocating and constructing a new entrance drive and will revert to the Grantor upon the <br />completion of said project. It is further understood and agreed that this conveyance transfers only <br />the right to make or construct said improvements on said lands and to use any material lying <br />within the above -described limits suitable for use in construction of said improvements and does <br />not convey any rights to any minerals or other substances underneath the surface, except as it <br />may be used for the construction of said improvements. Trees or any other land improvements <br />may be cut or removed from said granted temporary easement by the City of South Bend, through <br />its authorized representatives during said construction. <br />Page 1 of 2 <br />