Bill No. 05-23 Alley Vacation Bartlett St South Bend

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Project 114-032B (Parcels 1 and IA) Project 114-035 (Parcels 4A, 4B, 4C, 4D, 4E, 4F, 4G, 4H, and 4K) WARRANTY DEED THIS INDENTURE WITNESSETH that Memorial Hospital of South Bend, Inc, an Indiana non- profit corporation, the Grantor, conveys and warrants to the CIViL ('ITV OF SOUTH BEND FOR THE USE AND BENF,FIT OF ITS BOARD OF PUBLIC WORKS, lire Grantee, for and in consideration of (tic sum of One Dollar ($1.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, certain real property (the "Real Estate") situated in the County of St. Joseph, State of Indiana, and being more particularly described in the legal descriptions and depictions collectively attached hereto as Exhibit I_ (which includes, for each respective parcel, a legal description identified as Exhibit "A" and a Right - of -Way Parcel Plat identified as Exhibit "R"), which is incorporated herein by reference. This conveyance is subject to any and all easements, conditions, and restrictions of record. The Grantor hereby specifically acknowledges and agrees that the Real Estate conveyed herein is conveyed in fee simple and that no reversionary rights whatsoever shall remain with the Grantor, or any successors in title to the abutting lands of the Grantor, notwithstanding any subsequent abandonment, vacation, disuse, nonuse, change of use, conveyance, lease and/or transfer by the Grantee or its successors in title, of a portion or all of the said Real Estate or any right of way, roadway, or roadway appurtenances established thereupon. This acknowledgement and agreement is a covenant running with the land and shall be binding upon the Grantor and all successors and assigns. The undersigned Grantor executing this Warranty heed represents and certifies that the Grantor is competent and fully empowered to execute and deliver this conveyance and in doing so is not violating; any other agreement to which Grantor is a party; that the Grantor has full legal capacity to convey the real estate described and (fiat all necessary action necessary to complete this conveyance has been duly taken. The undersigned represents and warrants that he is a duly elected officer of the Grantor; that the Grantor is a corporation validly existing in the State of Indiana; that the Grantor has full corporate capacity to convey the real estate interest described; that pursuant to resolution of the board of directors or shareholders of the Grantor or the by-laws of the Grantor he has full authority to execute and deliver this instrument on its behalf and that said authority has not been revoked; (hat he is, therefore, fully authorized and empowered to convey to the Grantee real estate of the Grantor, and that on (he date of execution of said conveyance instrument he had full authority to so act; and that all necessary corporate action for the staking of this conveyance has been duty taken.