No. 1932 accepting the transfer of real property from the SB Redevelopment Authority

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PRESERVATION AND RETENTION OF PERMANENT EASEMENT FOR USE AND OCCUPANCY The City of South Bend Redevelopment Authority ( "Authority ") hereby reserves and preserves for itself a permanent easement in and to certain real estate as follows: WITNESSETH: WHEREAS, the City of South Bend Redevelopment Authority is the owner in fee simple of certain real estate commonly known as the Palais Royale Building located at 105 W. Colfax Avenue, South Bend, Indiana, which has the following legal description: THAT PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT #1 IN THE RECORDED PLAT OF "MORRIS CIVIC MINOR SUBDIVISION" AS RECORDED IN DOCUMENT NO. 9836277 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE ALONG THE SOUTH LINE OF SAID LOT #1 N. 89 °47'42" W., 165.98 FEET TO THE WEST LINE AND THE SOUTHWEST CORNER OF SAID LOT #1; THENCE ALONG THE WEST LINE OF SAID LOT #1 AND ITS LINE EXTENDED N. 00 °- 03' -42" E., 90.00 FEET; THENCE S. 00 °- 10' -21" W., 90.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.34 ACRES, MORE OR LESS. WHEREAS, the Authority at a public meeting conducted December 18 , 2002 has proposed to transfer the above described property to the City of South Bend Redevelopment Commission "Commission" subject to the Authority's retention within the structure of the building the permanent use and occupancy of certain designated spaces on each of three (3) floors of the Palais Royale Building as well as within its basement, all as identified more particularly in the floor plans attached hereto and incorporated herein. NOW, THEREFORE, the City of South Bend Redevelopment Authority hereby preserves and retains for its exclusive use and benefit a permanent easement for its use, occupancy, and any and all other purposes at specific locations within the described fee realty as designated on the attached plans of each floor of the Palais Royale Building and the basement, consisting generally of 2, 881 square feet retained in the boiler and common/interstitial areas in the basement; a total of 8,298 square feet retained in the administrative office, the box office, restrooms, retail space and common/interstitial areas on the first floor; 928 square feet in the common/interstitial areas on the second floor; and 1,045 square feet in the common/interstitial areas on the third floor. The Redevelopment Authority reserves the right to use and occupy the easement area for any and all purposes it deems appropriate, and no subsequent occupant shall interfere with the Commission's easement rights.