HomeMy WebLinkAboutNo. 1589 approving declaration of protective and restrictive covenants of the US 31 Industrial Park9864426
RESOLUTION NO. 1589
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS
OF THE US 31 INDUSTRIAL PARK
WHEREAS, the South Bend Redevelopment Commission ( "Commission ") is the owner
of certain real property situated in northwest St. Joseph County, Indiana, more particularly
at "Exhibit A" attached hereto and incorporated herein; and
HEREAS, the real property described at "Exhibit A" is hereafter referred to as US 31
Park; and
V.HEREAS, the South Bend Redevelopment onm ission, intends to develop U S 31
Industrial Park as an attractive, first class industrial park; and
WHEREAS, to ensure US 31 Industrial Park will be maintained as an attractive, first
class industrial park, with ample landscaped areas, attractive high quality structures, proper and
desirable uses, and appropriate development; to protect against undesirable uses, to guard against
the construction of improvements built of improper materials or design; to encourage the
construction of attractive improvements in appropriate locations; to prevent hazardous and
inharmonious development of US 31 Industrial Park; to secure and maintain proper setbacks and
adequate free spaces between structures; and generally to provide a high type and quality of
development at US 31 Industrial Park, the Commission has prepared or caused to be prepared the
"Declaration of Protective and Restrictive Covenants for the US 31 Industrial Park" attached
hereto and marked as "Exhibit B ", and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSIONS AS FOLLOWS:
1. The "Declaration of Protective and Restrictive Covenants for the US 31 Industrial
Park" appended hereto as "Exhibit B" as they apply to the real property described as "Exhibit A"
hereto shall be and hereby are approved.
2. The Secretary of the Commission is hereby directed to record in the Office of the
St. Joseph County Recorder a copy of this Resolution, along with all attachments.
This resolution shall be in full force and effect from and after its adoption.
Adopted at the regular meeting of the South Bend Redevelopment Commission held
March 6, 1998, at 10:00 a.m., 1308 County -City Building, South Bend, Indiana 46601.
SOUT D REDE LOPMENT COMMISSION
Robert W. Hunt, President
ATTEST:
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EXHIBIT A
LEGAL DESCRIPTION AND PLAT OF SURVEY
LEGAL ,DESCRIPTION
A part of the Southeast Quarter of Section 18, Township 38
North, Range 2 East, City of South Bend, German Township, St.
Joseph County, Indiana, being more particularly described as
follows:
Commencing at the Southeast corner of said Quarter Section
which point marked by a Harrison Monument (Depth 0.3 feet);
thence North 0 degrees 15 minutes 35 seconds West, a distance
of 80.00 feet to the North right of way of Brick Road and the
point of beginning; thence continuing North along the East line
of said Quarter Section, a distance of 2582.50 feet to the
Northeast corner of said Quarter Section, which corner being
South 0 degrees 15 minutes 35 seconds West, a distance of 5.75
feet from a two inch iron monument with cap stamped section
corner; thence North 89 degrees 53 minutes 38 seconds West
along the North line of said Quarter Section, a distance of
1186.49 feet to a point on the Easterly right of way line of
St. Joseph Valley Parkway (New US 31), Also, being 181.83 feet
right of St. Joseph Valley Parkway centerline station
191 +02.65; thence South 16 degrees 40 minutes 00 seconds West
along the Easterly right of way of said Parkway, a distance of
492.58 feet to a point being 190 feet right of said parkway
centerline, point of tangent station 186 +10.09 (record sta.
186 +09.4), which point of tangent being marked by a "Type C
highway monument "; thence South 13 degrees 33 minutes 54
seconds West along the Easterly right of way of said parkway, a
distance of 782.58 feet; thence South 6 degrees 34 minutes 28
seconds East along the Easterly right of way of said parkway, a
distance of 297.65 feet; thence South 30 degrees 00 minutes 52
seconds East, a distance of 699.17 feet to a point being 650
feet right of said parkway centerline, point of curve station
168 +63.71 (Record Sta. 168 +64.4), which point of curve being
marked by a "Type C highway monument "; thence South 11 degrees
07 minutes 25 seconds East along the Easterly right of way of
said parkway, a distance of 382.16 feet to a point 155 feet
North of said South line of said Quarter Section; thence South
82 degrees 14 minutes 41 seconds East along the Northerly right
of way of Brick Road, a distance of 559.31 feet to a point 80
feet North of the South line of said Quarter Section; thence
South 89 degrees 57 minutes 04 seconds East parallel with the
South line of said Quarter Section, a distance of 511.29 feet
to the point of beginning.
LEGAL DESCRIPTION CONTINUED
EXCEPT
A part of the Southeast Quarter of Section 18, Township 38
North, Range 2 East, City of South Bend, German Township, St.
Joseph County, Indiana, being more particularly described as
follows:
Commencing at the Southeast corner of said Quarter Section
which point marked by a Harrison Monument (Depth 0.3 feet);
thence North 0 degrees 15 minutes 35 seconds West, a distance
of 80.00 feet to the North right of way of Brick Road; thence
continuing North 0 degrees 15 minutes 35 seconds West along the
East line of said Quarter Section, a distance of 460.01 feet to
the Point of Beginning; thence continuing North 0 degrees 15
minutes 35 seconds West along said East line, a distance of
880.02 feet; thence North 89 degrees 57 minutes 04 seconds
West, a distance of 810.59 feet; thence South 18 degrees 03
minutes 58 seconds East, a distance of 245.88 feet to a point
of tangent curve; thence Southeasterly along an arc to the
right a distance of 164.71 feet, having a radius of 530.00 feet
and subtended by a chord having a bearing of South 9 degrees 9
minutes 46 seconds East and a length of 164.05 feet to a point
of tangency; thence South 0 degrees 15 minutes 35 seconds East,
a distance of 455.54 feet to a point of tangent curve; thence
Southeasterly along an arc to the left a distance of 45.400
feet, having a radius of 29.00 feet -and subtended by a chord
having a bearing of South 45 degrees 6 minutes 20 seconds East
and a length of 40.90 feet to a point of tangency; thence South
89 degrees 57 minutes 04 seconds East, a distance of 681.17
feet to the point of beginning.
Subject to legal highways.
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DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS
FOR THE
CITY OF SOUTH BEND, INDIANA
SOUTH BEND REDEVELOPMENT COMMISSION
SOUTH BEND REDEVELOPMENT AUTHORITY
6 March, 1998
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS................................................................................................. ..............................1
ARTICLE II
DEVELOPMENT RESTRICTIONS ............................................................. ..............................2
ARTICLE III
USERESTRICTIONS .................................................................................... ..............................3
ARTICLE IV
REGULATION OF IMPROVEMENT TO LOTS ....................................... ..............................4
ARTICLE V
ACCEPTANCE OF COVENANTS ............................................................... ..............................6
ARTICLE VI
OWNERSASSOCATION .............................................................................. ..............................7
ARTICLE VII
MISCELLANEOUS....................................................................................... .............................11
"ATTACHMENT I"
US 31 INDUSTRIAL PARK - LEGAL DESCRIPTION AND PLAT OF SURVEY
RESOLUTION NO 1589
Exhibit B
COVENANTS -US 31 INDUSTRIAL PARK
THIS DECLARATION is jointly made this day of , 1998, by the South
Bend Redevelopment Commission (referred to as "Commission "), and severally
referred to as "Declarant ", as Owner and Lessee of that certain real Property hereinafter
described and located in the City of South Bend, St. Joseph County, Indiana. The
Commission hereby declares that all of the real property legally described in and
referred to in" Attachment 1" attached to this Declaration, to be known as US 31
Industrial Park is and shall be held, conveyed hypothecated, encumbered, leased,
transferred, sold, occupied, built upon or otherwise used or improved in whole or in part,
subject to the Covenants and Restrictions (sometimes referred to as "Covenants ")
hereinafter set forth and all of said Covenants herein contained are declared and
agreed to be in furtherance of a general plan for the subdivision, improvement and
lease or sale of US 31 Industrial Park and are established for the purpose of enhancing
the value, desirability and attractiveness of US 31 Industrial Park and every part
thereof.
ARTICLE 1
DEFINITIONS
The following terms, as used in this Declaration, unless the context clearly requires
otherwise, shall mean the following.
1.1 Declarant. "Declarant" shall mean the South Bend Redevelopment
Commission, its successors and assigns, and Declarant's assigns
shall be deemed to include any party whom Declarant designates,
by means of a notice of Record in the Official Records, as the party
who, from and after the date such notice is Recorded, will perform
Declarant's functions under this Declaration.
1.2 Design Committee. "Design Committee" shall mean the Design
Committee of US 31 Industrial Park, of South Bend, Indiana. The
Design Committee shall be a standing Committee of the Owners
Association. The Design Committee shall consist of three (3)
members all of whom shall be appointed by the Redevelopment
Commission so long as the Declarant is the owner of twenty -five
(25) percent of the property in US 31 Industrial Park, South Bend,
Indiana. The Redevelopment Commission reserves the right to
appoint one (1) individual representative of the Commission to serve
on the Design Committee until such time as the Redevelopment
Commission relinquishes such rights in writing. When the
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COVENANTS -US 31 INDUSTRIAL PARK
to Redevelopment Commission relinquishes such rights the Design
Committee will be appointed by the Owners Association.
1.3 Occupant. "Occupant" shall mean any Person, other than an
Owner, and the successors and assigns of any thereof, that is in
possession of or otherwise occupying any real estate within US 31
Industrial Park, at any particular time, whether as a lessee,
sublessee, licensee or pursuant to any lease, sublease, license or
right of occupancy with or through the Owner of such real estate.
1.4 Owner. "Owner" shall mean any Person, including the Declarant,
and the successors and assigns of any thereof, that owns fee
simple title to any real estate within US 31 Industrial Park:
provided, however, that a beneficiary shall not be deemed to be an
Owner so long as its interest in the particular real estate is for
purposes of security only.
1.5 Owners Association. "Owners Association" (sometimes referred to
as the "Association) shall mean the association of Owners created
and described in Article VI.
1.6 US 31 Industrial Park. "US 31 Industrial Park" shall mean the real
property described in "Attachment 1" and such additional property
as may be added from time to time as hereinafter provided.
ARTICLE II
DEVELOPMENT RESTRICTIONS
2.1 All lots of said real estate fronting Brick Road and south of the
southernmost storm water retention basin, shall be used for
commercial purposes.
2.2 All other real estate within US 31 Industrial Park shall be used for
industrial purposes as stated in the Industrial Park (IP) zoning
ordinance.
2.3 No building, or other structure shall be erected, permitted or
placed upon any part of said real estate nearer than forty (40) feet
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COVENANTS -US 31 INDUSTRIAL PARK
from the nearest boundary line of any street or streets or which is
nearer than twenty (20) feet from any boundary line of said real
estate which does not border a street. No more than seventy (70)
percent of the lot area shall be impervious.
2.4 No building or structure shall be erected, permitted or placed on
any part of said real estate unless the exterior structure thereof is
of stone, brick, reinforced concrete, glass, equivalent masonry
construction or a combination of these materials.
2.5 On any real estate not adjacent to Saint Joseph Valley Parkway,
upon securing written consent from the "Design Committee,"
materials other than those specified in section 2.4 be used only on
walls not facing a street. If other material is used, then it is
required that the front and any non - expandable wall be faced at
least eight feet (8) from the ground with stone, brick, reinforced
concrete, glass, masonry or a combination of these materials. Pole
buildings are not permitted.
2.6 All of the aforementioned real estate and all buildings,
structures, improvements and appurtenances shall be attractively
landscaped and that portion of said real estate not used for
buildings, structures, parking areas, loading areas, driveways,
streets and other landscaping shall be planted and maintained as a
lawn in good condition. All Owners take responsibility for
implementation and maintenance of erosion and sediment control
measures in accordance with 327 IAC 15 -5, "Rule 5" as described
in the "Indiana Handbook for Erosion Control in Developing Areas."
ARTICLE III
USE RESTRICTIONS
3.1 Prohibited Uses. Any use that, in the opinion of the Declarant or
the Owners Association, could produce adverse effects upon US
31 Industrial Park in terms of health, safety or welfare of Persons;
or which may be harmful to the improvements thereon; or which in
the opinion of the committee does not agree with the intent of the
development for US 31 Industrial Park is prohibited including
without limitation the following:
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COVENANTS -US 31 INDUSTRIAL PARK
a. Noxious, toxic or corrosive fumes, gases, or
discharges
b. Smoke or offensive odors
C. Ground conditions which produce dust
d. Noise and /or vibration
e. Intense glare or heat
f. Outdoor storage of any type
g. Adult uses, as defined by the South Bend Municipal
Code as of the date of adoption
3.2 No excavations or excavating work shall be permitted on any part
of said real estate except excavations for the purpose of
constructing buildings and tangible improvements on such real
estate immediately prior to and during the construction of such
buildings and tangible improvements. No soil, gravel, minerals,
aggregate or earth materials shall be removed from said real estate
except as a part of such excavations made for the purpose of
constructing buildings and tangible improvements on said real
estate.
ARTICLE IV
REGULATION OF IMPROVEMENT TO LOTS
4.1 No sign shall be erected or placed on any real estate within US 31
Industrial Park without first being approved by the "Design
Committee" in writing.
4.2 Adequate off street parking, loading and unloading facilities shall
be provided and maintained by the owners of said real estate for all
employees, customers, agents, invites and all other persons
transacting business with either the owners of occupants of any
part or all of said real estate. Screen plantings shall be installed
and maintained between such off street parking areas and adjacent
streets. All off street parking, loading and unloading areas shall be
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COVENANTS -US 31 INDUSTRIAL PARK
paved or constructed of suitable hard surfacing and maintained in
good condition. Adequate off street parking shall be provided in
accordance with the South Bend City Municipal Code, Chapter 21,
Article 5, Division 2, Section 21 -89.
4.3 No loading or unloading docks shall be permitted in any area facing
a street including the Saint Joseph Valley Parkway. All loading and
unloading areas must have sufficient landscaping and screening so
as they are not visible from adjoining properties
4.4 No materials, inventory, goods in process, semi - manufactured
items, finished products, plant equipment, parts, rubbish, waste
materials, or other personal property shall be kept, stored,
maintained or accumulated on any part of said real estate
outside of buildings erected thereon, except where prior written
approval of the "Design Committee" is secured.
4.5 Advance approval of the improvements described in this paragraph
is deemed necessary to protect and preserve the desirability and
property values of the US 31 Industrial Park. Therefore no
construction, erection, relocation or exterior alteration of any
buildings, structures, signs, parking areas, loading areas,
landscaping or other facilities may be commenced and completed
on any part of said real estate without securing in advance the
written consent and approval of the "Design Committee." The
following information, as appropriate, shall be submitted to the
Secretary of the "Design Committee" for its consideration of any
plans.
a. Preliminary architectural plans for any proposed
building structure or improvement.
b. A site plan showing location and design of buildings,
to structures, signs, drainage, driveways, driveway
intersection with streets, exterior materials, storage
areas, parking areas, loading areas and sidewalks.
C. A grading plan and a planting plan, including screen
walls and fences, if any, for analysis of adequacy of
visual screening, erosion control and landscaping.
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d. A description of proposed operations on said real
estate, an estimate of the maximum number of
employees contemplated and a plan showing
locations of utilities and easements therefor, if any.
e. Any other pertinent information requested by any
member of the "Design Committee" and any
information to show compliance with each and all of
these restrictions.
4.6 In the event said "Design Committee" or its designated
representative fails to approve or disapprove said plans within thirty
(30) days after said plans have been delivered, such approval shall
not be required, provided, however, it shall be the duty of the
person submitting such plans to ascertain from the "Design
Committee" whether such plans have been approved or
disapproved within said thirty (30) day period.
4.7 All of said real estate and all buildings, structures, improvements,
appurtenances, signs, lawns, landscaping, sidewalks, driveways,
parking areas and entrances thereon must at all times be
maintained in a safe, clean and good condition.
4.8 Adequate storm drainage facilities shall be provided and
maintained by the owners of said real estate. The design of the
drainage facilities shall meet with the approval of the City of South
Bend Department of Engineering.
ARTICLE V
ACCEPTANCE OF COVENANTS
5.1 Each owner, lien holder and tenant of any part of the above
described real estate hereby agrees to cooperate in the planning,
granting, executing, acknowledging and recording of all easements
and instruments establishing such easements deemed necessary
and reasonable by the Declarant, for the further development of
said US 31 Industrial Park which easements may include those
deemed necessary for electric, telephone, gas, water and
sewerage purposes and for entrances and access roads.
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COVENANTS -US 31 INDUSTRIAL PARK
5.2 If any owner or its successors or assigns or any lessee or occupant
of any part of such real estate or any other person should violate
any of the covenants, conditions and restrictions contained herein,
it shall be lawful and permissible for the Declarant, or the owner or
occupant of any other real estate in said US 31 Industrial Park,
regardless of whether adjacent thereto, or any one or more of such
persons, to prosecute any proceedings at law or in equity against
the person or persons violating any of these restrictions for any
remedies that are available including, but not limited to, actions for
injunctive relief and damages. The Declarant or any owner or
occupant shall be entitled to recover from any person or persons
violating or attempting to violate any of these covenants, conditions
and restrictions all attorneys fees, costs and expenses, without
relief from valuation and appraisement laws, incurred by said
Declarant, with respect to securing the enforcement of or the
compliance with these covenants, conditions and restrictions or
with respect to any actions, either at law or in equity, commenced
by it for such purpose or purposes.
5.3 The invalidation or unenforceability of any one of these covenants,
restrictions, or conditions shall in no way affect the validity or
enforceability of any of the other covenants, conditions or
restrictions which shall remain in full force and effect. The failure of
anyone to insist on the performance of any covenants, restrictions
or conditions contained herein at any time shall not be deemed to
bar, waive, or estop the right to insist on the performance thereof at
a later time nor shall the failure of anyone to insist on the
performance of any such covenants, restriction or condition at any
time or times be construed to constitute an abandonment,
annulment or revocation of such covenant, restriction or condition.
ARTICLE VI
OWNER'S ASSOCIATION AT US 31 INDUSTRIAL PARK
6.1 Formation of Association. The Declarant shall cause to be
incorporated a not - for - profit corporation under the laws of the State
of Indiana, to be called the Owner's Association at US 31 Industrial
Park. The Association shall be governed in accordance with the
Articles and Bylaws of its incorporation. The Bylaws may further
define the rights and obligations of the Association and its
members, but this Declaration shall govern, in the event of an
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inconsistency between these Covenants and the Bylaws.
6.2 Purposes of the Association. The purposes of the Association are
as follows:
a. to enforce these Covenants;
b. to maintain certain common landscaped areas;
C. to receive, account for and budget funds belonging to
and /or entrusted with the Association, including
without limitation; Review Fees, dues, or
assessments; for the operation, maintenance and /or
benefit of the Owners at US 31 Industrial park;
d. to pay the expense of the Committee as budgeted
herein;
e. to appoint the members of the Committee from and
after the date the Declarant ceases to make such
appointments;
f. to assume such other obligations with respect to US
31 Industrial Park as the Association deems
appropriate; and
g. to assume such other purposes ad the Declarant may
deem necessary or appropriate to enable the
Association to carry out the purpose and intent of this
Declaration.
6.3 Members. Each Owner and a representative of the Declarant, so
long as the Declarant owns any portion of US 31 Industrial Park,
shall automatically be and become a member of the Association.
Membership in the Association is compulsory for Owners other
than the Declarant. The Association is entitled to carry on such
business as is authorized by its Articles and Bylaws, including, but
not limited to, the powers granted the Association under this
Declaration.
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6.4 Voting Rights. Each Owner, including the Declarant shall be
entitled to one (1) vote per acre of land in the Owner's Lot.
However, each Owner will be entitled to only one (1) vote per Lot
under the following circumstances:
a. when voting to appoint any Board member;
b. when voting to amend these Covenants, the
Guidelines or the Bylaws of the Association;
C. under special elections as determined by the Board.
The Declarant may waive its right to vote on any issue or question
called before the Association.
6.5 Management. The Association shall be managed by its Board of
Directors in accordance with the Articles and Bylaws of the
Association. The Board shall consist of three (3) directors whom ar
appointed by the Declarant and shall serve on initial terms of one,
two and three years, respectively. Succeeding directors shall each
serve a term of three (3) years. The Declarant shall retain the right
to appoint:
a. three (3) directors so long as the Declarant owns not
less than twenty -five percent (25 %) of the total land
area of US 31 Industrial Park; (exclusive of areas
dedicated to public authority and landscaped areas);
and
b. two (2) directors so long as the Declarant owns not
less than fifteen percent (15 %) of the total land area
of US 31 Industrial Park; (exclusive of areas
dedicated to public authority and landscaped areas);
and
C. one (1) director until such time the Declarant
relinquishes its right to appoint a director of the
Association.
Any director not appointed by the Declarant shall be elected by the
Owners at times and in a manner pursuant to the Bylaws of the
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COVENANTS -US 31 INDUSTRIAL PARK
co Association and Section 6.4 herein.
6.6 Assessments. As a member of the Association, each Owner by
acquiring legal or equitable title to a Lot, agrees for itself, its heirs,
personal representatives, successors and assigns, to pay the
Association any dues, assessments, charges, costs or fines, as
may from time to time be levied by the Association for any lawful
reason.
6.7 Failure to Pay Assessments. In the event an Owner fails to pay
any dues, assessments, charges, costs or fines tendered by the
Association to it, or its successors and assigns, the Association will
serve the Owner with a notice of delinquency. The Owner will,
within thirty (30) days after receipt of such notice, pay the
Association no less than the delinquent amount.
If at the end of such thirty (30) day period the Owner has not paid
co the amount due to the Association, interest will be added to the
delinquent amount at an annual rate equal to the maximum legal
rate or three percent (3 %) above prime as reported in the Wall
Street Joumal, whichever is lower. The rate will be adjusted
annually on the anniversary date of said notice of delinquency.
The owner will be liable for reasonable attorney's fees incurred in
the collection of delinquent dues, assessments, charges, costs or
fines, and any accrued interest thereon.
The delinquent amount, plus accrued interest, shall automatically
become a lien upon the Lot(s) of the delinquent Owner, which lien
shall be superior to all claims to such Lot except mortgages and
delinquent real property tax, as well as an enforceable personal
obligation of the Owner. The Association, or its successors and
assigns, may upon failure of an Owner to pay any statement
tendered by the Association, record notice of its claim of lien
against any such Lot and thereafter pursue an action to foreclose
said lien in any manner now or in the future permitted by law or
equity. The Association may, in addition to, or instead of,
foreclosure, obtain a personal judgment against the Owner.
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ARTICLE VII
MISCELLANEOUS
7.1 These restrictions shall be effective and binding on grantor,
grantee, their respective assigns, successors in interest and all
parties claiming by, under or through them. These restrictions
may be modified by recording in St. Joseph County, Indiana, an
instrument specifying such modification or modifications executed
by the Declarant, or by the owners of seventy five (75) percent of
the realty located in said US 31 Industrial Park. At such time as the
Declarant relinquishes its ownership of all real estate within US 31
Industrial Park, such modifications may be made by the owners of
seventy five (75) percent of the realty located in said US 31
Industrial Park.
7.2 Variances. The Applicant shall set forth separately and in specific
detail any and all variances it desires from the Covenants. This
application will be reviewed by the Declarant or its Assign. No
variance shall be granted when the result of such variance would
be contrary to or inconsistent with any applicable zoning or
subdivision control ordinance, or other law, ordinance, rule or
regulation or a public authority.
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IN WITNESS WHEREOF, the SOUTH BEND REDEVELOPMENT
COMMISSION have declared the above and foregoing Protective
Covenants & Restrictions for the US 31 Industrial Park.
For the Declarant:
SOUTH BEND REDEVELOPMENT COMMISSION
Robert Hunt, President
ATTEST:
"I Afly
Secretary
J
State of Indiana
) SS:
St. Joseph County )
Before me the undersigned, a Notary Public, in and for said County and
State, personally appeared the South Bend Redevelopment Commission,
by Robert Hunt, and&jjeni resident and Secretary,
respectfully, and acknow edged the execution of the forgoing Declaration.
IN WITNESS WHEREOF, I have hereunto subscribed my named
affixed my official's '
seal on the --�� day of rnQ rC 1998.;;; •,
Notary Pdblic Residing in "' �" ph
County, Indiana
Y GELEAP, L'i {RAIVStiI
Co NOTARY PUBLIC STATE Op 1,NDIA qA
ST. JOSEPH COUN'T'Y
MY COMMISSION EXP. JAN. 25,2008 Commission
Expires: oq5
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ATTACHMENT 1
LEGAL DESCRIPTION AND PLAT OF SURVEY
LEGAL DESCRIPTION
A part o the Southeast Quarter of Section 18, Township 38
North, Range 2 East, City of South Bend, German Township, St.
Joseph County, Indiana, being more particularly described as
follows:
Commencing at the Southeast corner of said Quarter Section
which point marked by a Harrison Monument (Depth 0.3 feet);
thence North 0 degrees 15 minutes 35 seconds West, a distance
of 80.00 feet to the North right of way of Brick Road and the
point of beginning; thence continuing North along the East line
or said Quarter Section, a distance of 2582.50 feet to the
Northeast corner of said Quarter Section, which corner being
South 0 degrees 15 minutes 35 seconds West, a distance of 5.75
feet from a two inch iron monument with cap stamped section
corner; thence North 89 degrees 53 minutes 38 seconds West
along the North line of said Quarter Section, a distance of
1186.49 feet to a point on the Easterly right of way line of
St. Joseph Valley Parkway (New US 31), Also, being 181.83 feet
right of St. Joseph Valley Parkway centerline station
191 +02.65; thence South 16 degrees 40 minutes 00 seconds West
along the Easterly right of way of said Parkway, a distance of
492.58 feet to a point being 190 feet right of said parkway
centerline, point of tangent station 186 +10.09 (record sta.
186 +09.4), which point of tangent being marked by a "Type C
highway monument "; thence South 13 degrees 33 minutes 54
seconds West along the Easterly right of way of said parkway, a
distance of 782.58 feet; thence South 6 degrees 34 minutes 28
seconds East along the Easterly right of way of said parkway, a
distance of 297.65 feet; thence South 30 degrees 00 minutes 52
seconds East, a distance of 699.17 feet to a point being 650
feet right of said parkway centerline, point of curve station
163 +63.71 (Record Sta. 163 +64.4), which point of curve being
marked by a "Type C highway monument "; thence South 11 degrees
07 minutes 25 seconds East along the Easterly right of way of
said parkway, a distance of 382.16 feet to a point 155 feet
North of said South line of said Quarter Section; thence South
82 degrees 14 minutes 41 seconds East along the Northerly right
of way of Brick Road, a distance of 559.31 feet to a point 80
feet North of the South line of said Quarter Section; thence
South 89 degrees 57 minutes 04 seconds East parallel with the
South lire of said Quarter Section, a distance of 511.29 feet
to the point of beginning.
-13-
COVENANTS -US 31 INDUSTRIAL PARK
LEGAL DESCRIPTION CONTINUED
EXCEPT
A part of the Southeast Quarter of Section 18, Township 38
North, Ra:_ge 2 East, City of South Bend, German Township, St.
Joseph County, Indiana, being more particularly described as
follows:
Commencing at the Southeast corner of said Quarter Section
which poi^: marked by a Harrison Monument (Depth 0.3 feet);
thence North 0 degrees 15 minutes 35 seconds West, a distance
of 80.00 feet to the North right of way of Brick Road; thence
continuing North 0 degrees 15 minutes 35 seconds West along the
East line of said Quarter Section, a distance of 460.01 feet to
the Point of Beginning; thence continuing North 0 degrees 15
minutes 35 seconds West along said East line, a distance of
880.02 feet; thence North 89 degrees 57 minutes 04 seconds
West, a distance of 810.59 feet; thence South 18 degrees 03
minutes 58 seconds East, a distance of 245.88 feet to a point
of tangent curve; thence Southeasterly along an arc to the
right a distance of 164.71 feet, having a radius of 530.00 feet
and subtended by a chord having a bearing of South 9 degrees 9
minutes 46 seconds East and a length of 164.05 feet to a point
of tangency; thence South 0 degrees 15 minutes 35 seconds East,
a distance of 455.54 feet to a point of tangent curve; thence
Southeasterly along an arc to the left a distance of 45.400
feet, having a radius of 29.00 feet -and subtended by a chord
having a bearing of South 45 degrees 6 minutes 20 seconds East
and a length of 40.90 feet to a point of tangency; thence South
89 degrees 57 minutes 04 seconds East, a distance of 681.17
feet to the point of beginning.
Subject to legal highways.
-14-
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KM
COVENANTS-US 31 INDUSTRIAL PARK
PLAT OF SURVEY
.. . ........
iI.....
1 1 3
'Ac.
14
I., 15 AC.
3" AC_
3w
PARKLAND ORME
(W R/W)
I.. AC.
17
8 Ac_
to
LS AC.
AC.
3.11 Ac.
1.6 Ar-
If AC. 1 19
j.
by
18 AC.
20
ii
7.7 AC.
7
It AC.
g
21
7.0 AC
q
1.9 A,
swir:
CARBOMALL DRIVE
(60' R/W)
Law
1.6 AC
22 3
2
t
4 7_14 Ac.
L16 AC
2.16 AC
1.4 AC
-15-