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1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235-9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner (,~/
Subject: Termination of Covenants and Restrictions u4
Ivy Tech /Habitat for Humanity
Date: August 20, 2010
In 2006, the Redevelopment Commission deeded several parcels of land along East
Sample Street to Habitat for Humanity. The Contract for Sale of these parcels included a
redevelopment agreement. This redevelopment agreement contained deed restrictions and
covenants running with the land. Upon completion of the redevelopment, a Certificate of
Completion would be granted, and the deed restrictions and covenants would be released.
Since the redevelopment of these parcels was never completed, the Certificate of
Completion was not granted, and the deed restrictions and covenants remain in place.
This property has recently been acquired and donated to Ivy Tech for their campus
expansion. Ivy Tech has requested these deed restrictions be terminated.
Since the deed restrictions pertain to Habitat's redevelopment of the real estate, and since
Habitat no longer owns this real estate, Staff requests your approval of this Termination of
Covenants and Restrictions, which will remove the deed restrictions put in place in 2006.
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RETURN TO:
SOUTH BEND DEPARTMENT
OF REDEVELOPMENT
1200 COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
AUDITOR'S RECORD
TRANSFER NO.
TAXING UNIT
DATE
KEY NO. 018-7008-0300
TERMINATION OF COVENANTS
AND RESTRICTIONS
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City of South Bend, Indiana, Department of Redevelopment, of St.
Joseph County, Indiana, does hereby ternlinate, release and forever discharge from the
real property described in EXHIBIT A, attached hereto, situated in St. Joseph County,
Indiana, those certain covenants and restrictions contained in Section I, Section II and
Section III of the Quit Claim Deed dated June 23, 2006, from the City of South Bend,
Department of Redevelopment (Grantor) to Habitat for Humanity, St. Joseph County
(Grantee) recorded June 30, 2006, in the Office of the Recorder of St. Joseph County,
Indiana, as Instrument No. 0628019; and
The South Bend Redevelopment Commission does hereby ternlinate, release and forever
discharge from the real property described in EXHIBIT A, attached hereto, situated in St.
Joseph County, Indiana, those certain covenants and restrictions contained in the Contract
for Sale of Land for Private Development dated March 10, 2006, between the South Bend
Redevelopment Commission and Habitat for Humanity, St. Joseph County recorded June
29, 2006, in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No.
0627816.
This document shall constitute a full termination and release of the above-described
covenants and restrictions on the above-described real estate.
The undersigned persons executing this Termination of Covenants and Restrictions on
behalf of the City of South Bend. Indiana, Department of Redevelopment, and the South
Bend Redevelopment Commission represent and certify that each is a duly appointed
member of the South Bend Redevelopment Commission, the statutory controlling
authority of the City of South Bend Department of Redevelopment and has been fully
empowered by a proper meeting and vote of the South Bend Redevelopment Commission
to execute and deliver this document and in doing so is not violating any other agreement
for which either is a party; that the South Bend Redevelopment Commission has full legal
capacity to release the above-described covenants and restrictions and that all action
necessary to authorize the release of the above-described covenants and restrictions on
behalf of the City of South Bend, Department of Redevelopment, has been duly taken.
Dated this
ATTEST:
ignciture
Printer n'un~e anc 7il e
Date:
South Bend Redevelopment Commission
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
i~nanu~e
Print<~r A4one ane Ti[ e
Date:
South Bend Redevelopment Commission
Before me, the undersigned, a Notary Public in and for said County and State, this
day of August, 2010, personally appeared and
to me kno~~n to be the and the
respectively. of the South Bend Redevelopment Commission,
and acknowledged the execution of the foregoing Termination of Covenants and
Restrictions.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal.
(SEAL)
Commission expires:
Notary Public
Resident of St. Joseph County, Indiana
I af7inn. under the penalties irn~ perjun~. that I ha~~e taken reasonable care to react each Social Security number in this document,
unless required by la~o~. Lati~rencc J. yletci~~er
day of August, 2010.
Prepared by Lawrence J. Meleiver, Assistant City Attorney, 1400 County-City Building. 227 W. Jefferson Blvd., South Bend, Indiana
46601,(574)235-9294.
EXHIBIT A
Leal Description
PARCEL II: Lot Numbered Four (4) as shown on the recorded Plat of J.F. Kirby's Addition to
the City of South Bend, recorded June 21, 1869 in Plat Book 2, page 56 in the Office of the
Recorder of St. Joseph County, Indiana, together with the North-half of a vacated alley lying
South and adjacent to said lot, also together with the East-half of a vacated alley lying West and
adjacent to said lot.
PARCEL III: Lot Numbered Five (5) as shown on the recorded Plat of Kirby's Addition to
South Bend recorded June 21, 1869 in Plat Book 2, page 56 in the Office of the Recorder of St.
Joseph County, Indiana, excepting therefrom a lot or parcel of land Thirty-six (36) feet North
and South off of and from the entire South side, together with the West one-half of the vacated
alley lying East and adjacent to said Lot.
PARCEL IV: A lot or parcel of land 36 feet in width, North and South, taken off of and from
the entire width of the South end of Lot Numbered Five (5) as shown on the recorded Plat of
J.F. Kirby's Addition to the City of South Bend. recorded June 21, 1869 in Plat Book 2, page 56
in the Office of the Recorder of St. Joseph County, Indiana, together with the North-half of a
vacated alley lying South and adjacent to said lot, also together with the West-half of a vacated
alley lying East and adjacent to said lot.
PARCEL V: The West Half of Lot Numbered Six (6) as shown on the recorded Plat of John F
Kirby's Addition to the City of South Bend, recorded June 21, 1869 in Plat Book 2, page 56 in
the Office of the Recorder of St. Joseph County. Indiana, together with the North 1 /2 vacated
alley lying South and adjacent to said Lot.
PARCEL VI: The East Half (1 /2) of Lot Numbered Six (6) as shown on the recorded Plat of
John F. Kirby's Addition recorded in Plat Book 2, page 56 in the Office of the Recorder of St.
Joseph County, Indiana, together with the North one-half of the vacated alley lying South
adjacent to said Lot.
PARCEL VII: The West Half of Lot Numbered Seven (7) as shown on the recorded Plat of
John F. Kirby's Addition to the City of South Bend, recorded June 21, 1869 in Plat Book 2, page
56 in the Office of the Recorder of St. Joseph County. Indiana, together with the North 1/2
vacated alley lying South and adjacent to said Lot-
PARCEL VIII: The East Half of Lot Numbered Seven (7) as shown on the recorded Plat of
John F. Kirby's Addition to the City of South Bend, recorded June 21, 1869 in Plat Book 2, page
56 in the Office of the Recorder of St. Joseph County, Indiana, together with the North 1/2
vacated alley lying South and adjacent to said Lot.
PARCEL IX: Lot Numbered Eight (8) as shown on the recorded Plat of J. F. Kirby's Addition
(Legal Desc~°iption continued on next page)
to the City of South Bend recorded June 21, 1869 in Plat Book 2, page 56 in the Office of the
Recorder of St. Joseph County, Indiana and the North 1 /2 of the vacated alley lying South and
adjacent.
Common Address: 412 E. Sample Street, South Bend, hidiana 46610
Tax Key No. 018-7008-0300