Laserfiche WebLink
RECORDING REQUESTED BY AND <br /> WHEN RECORDED RETURN TO: <br /> Mr. Gregory P. Hakanen <br /> Director of Asset Management&Real Estate <br /> Development <br /> University of Notre Dame <br /> 910 Flanner Hall <br /> Notre Dame IN 46556-5611 <br /> SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE <br /> GENERAL ACCESS AND PARKING EASEMENT AGREEMENT <br /> THIS GENERAL ACCESS AND PARKING EASEMENT AGREEMENT (this "Agreement") is <br /> made and entered into effective as of the day.of 201_,by and between the <br /> BROTHERS OF HOLY CROSS, INC., an Indiana non-profit corporation (the "BHC") and <br /> UNIVERSITY OF NOTRE DAME DU LAC, an Indiana non-profit corporation ("ND"). In this <br /> Agreement, the BHC and ND are referred to together as the"Parties". <br /> Background <br /> A. The DIOCESE OF FORT WAYNE-SOUTH BEND, INC., an Indiana non-profit <br /> corporation (the "Diocese"), owns certain parcels of real estate including (i) approximately <br /> 5.6+/- acres of land located on the Northwest corner of State Route 933 and Angela Boulevard, <br /> together with improvements thereon generally known as Saint Joseph's High School as more <br /> particularly described on Exhibit A attached hereto(the "School Parcel"), and (ii) approximately <br /> 14 acres of land and certain parking and other improvements located West of the School Parcel <br /> as more particularly described on Exhibit B attached hereto (the "Back 14 Acres"),which is also <br /> West of an approximately 40 foot wide strip of property (containing approximately .59 acres) <br /> owned by the BHC extending North-South, along the western side of the School Parcel (the <br /> "Access Strip"). <br /> B. Each of the Diocese and BHC, as a grantor has created certain easements <br /> benefitting or encumbering the School Parcel, Back 14 Acres or Access Strip, including <br /> easements, rights and obligations created by (i) BHC under Instrument No. 9630308 entitled <br /> "Corrective Grant of Easement" recorded with the Office of the St. Joseph County Recorder <br /> ("Recorder") involving the Access Strip (the "Existing Access Easement"), and (ii)BHC and the <br /> Diocese under Instrument Nos. 9630309 and 9630310, respectively (together, the "Former <br /> Easements"), recorded with the Recorder, both of which automatically terminate by their terms <br /> upon the transfer of the Back 14 Acres. <br /> C. The Diocese is a party to two (2) separate Real Estate Purchase Agreements <br /> entered into with (i) BHC, pursuant to which the Diocese agreed to sell, and RI-IC agreed to <br /> purchase, the Back 14 Acres (the `BHC Agreement"), and (ii) ND, pursuant to which the <br /> GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 1 <br />