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HomeMy WebLinkAboutNo. 1365 approving the transfer of real property to St. Joseph County, INRESOLUTION NO. 1365 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMSSION APPROVING THE TRANSFER OF REAL PROPERTY TO ST. JOSEPH COUNTY, INDIANA WHEREAS, the South Bend Redevelopment Commission (the Commission) is the governing body of the City of South Bend, Department of Redevelopment, pursuant to I.C. 36- 7 -14 -3; and WHEREAS, the City of South Bend, Indiana, Department of Redevelopment owns or is negotiating for the purchase of the certain real property situated in St. Joseph County, Indiana, and more particularly described at Exhibit "A," hereto (hereinafter, the Real Estate); and WHEREAS, St. Joseph County (the County) desires to acquire the Real Estate for use in the construction and development of juvenile detention and court facilities; and WHEREAS, the Commission desires to transfer the Real Property to the County for use by St. Joseph County in the construction development of juvenile detention and court facilities; and WHEREAS, the Commission has offered to sell the Real Estate to the County and the County has offered to purchase the Read Estate from the Commission for the purchase price of Three Hundred Thirty -six Thousand Dollars ($336,950), subject to the following conditions: 1. The Real Estate shall be sold "as is," with no warranties or representations as to its condition made by the Commission; 2. The Commission shall furnish the County a title insurance policy which insures the County's title in a sum equal to the purchase price and subject only to: a. Building and use restrictions in the Sample - Ewing Development Area Development Plan (and its covenants) . b. Applicable building codes and zoning ordinances. C. Any and all other covenants, restrictions, easements and reservations of record. 3. The Commission shall reserve an easement upon, over, above and under that portion of the Real Estate located east of Carroll Street for use as a retention basin to handle storm water run off from the Real Estate, as developed by the County, said easement to remain in effect until such time as storm water sewers are installed to serve the Real Estate. WHEREAS, pursuant to I.C. 36 -2 -2, the Board of County Commissioners (the "Board ") has custody of and may maintain all real property of the County; and WHEREAS, pursuant to I.C. 36- 1 -11 -8, the County may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the City of South Bend, Department of Redevelopment, acting through the Commission and pursuant to I.C. 36- 7- 14- 12.2(a)(3), may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Commission desires to sell and convey the Real Estate to the St. Joseph County and agrees to the conditions set forth above and the County, acting by and through the Board, has agreed to purchase and accept conveyance of the Real Estate from the Commission under these conditions. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. That the sale of the real property described at Exhibit "A," hereto and situated in St. Joseph County, Indiana by the City of South Bend, Department of Redevelopment to St. Joseph County, Indiana for the sum of Three Hundred Thirty -six Thousand Nine Hundred Fifty Dollars ($336,950.00) and subject to the following conditions: 1. The Real Estate shall be sold "as is," with no warranties or representations as to its condition made by the Commission; 2. The Commission shall furnish the County a title insurance policy which insures the County's title in a sum equal to the purchase price and subject only to: a. Building and use restrictions in the Sample - Ewing Development Area Development Plan (and its covenants). b. Applicable building codes and zoning ordinances. C. Any and all other covenants, restrictions, easements and reservations of record. CW 3. The Commission shall reserve an easement upon, over, above and under that portion of the Real Estate located east of Carroll Street for use as a retention basin to handle storm water run off from the Real Estate, as developed by the County, said easement to remain in effect until such time as storm water sewers are installed to serve the Real Estate. and subject to the adoption of a resolution by the Board of County Commissioners of St. Joseph County substantially identical in its terms and conditions to the terms and conditions of this resolution shall be, and hereby is, approved. 2. That the President and Secretary of the Commission shall be, and hereby are, authorized, respectively, to execute and attest to the execution of a quitclaim deed conveying all its right, title and interest in and to the Real Property to the City of South Bend upon the occurrence of the conditions set forth immediately above. 3. That this Resolution shall be in full force and effect upon its adoption by the South Bend Redevelopment Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on J44- -1 , 1995, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND REDEVELOPMENT COMMIS ON By ATTEST: Philip ccenda, President Robert W. Hunt, Secretary ORDER NO: 00119583 EXHIBIT A - LEGAL DESCRIPTION PARCEL 1: Forty -nine (49) feet in width, North and South, off of the North side of the following described tract in the Northwest Quarter (1/4) of Section Thirteen (13), Township Thirty -seven (37) North, Range Two (2) East, to wit: Commencing five (5) chains and eighty -five (85) links South of the intersection of the South line of Sample Street and the East line of Michigan Street; from thence running East nine (9) rods to a fourteen (14) foot alley; thence North eighty -four (84) feet to a forty (40) foot street; thence West nine (9) rods; thence South on the East line of Michigan Street eighty -four (84) feet to the place of beginning, EXCEPT sixty -six (66) feet taken off of the East end of said tract, situate in the City of South Bend, St. Joseph County, Indiana. Subject to legal highways. PARCEL 2: A lot or parcel of land, bounded by a line running as follows, viz: Beginning Eighty -two and Five - tenths (82.5) feet East of the intersection of the South line of Ohio Street and the East line of Michigan Street in the City of South Bend, Indiana; thence running South Forty -nine (49) feet; thence East Thirty -three and Eight- tenths (33.8) feet; thence North Forty -nine (49) feet; thence West Thirty -three and Eight- tenths (33.8) feet to the place of beginning, in St. Joseph County, Indiana. Subject to legal highways. PARCEL 3: A lot or parcel of land situated in the N.W. 1/4 of Sec. 13, Township 37 North, Range 2 East, and bounded by a line running as follows, viz: Beginning 116.3 feet East of the intersection of the South line of Ohio Street and the East line of Michigan Street in the City of South Bend, Indiana; thence running South 49 feet; thence running East 32.2 feet; thence running North 49 feet; thence West 32.2 feet to the place of beginning, together with the West Half (1/2) of the vacated alley East and adjacent to said lot. Subject to legal highways. PARCEL 4: A lot or parcel of land 35 feet in width, fronting on Michigan Street in the City of South Bend, being 9 rods deep in the Northwest Quarter (1/4) of Section Thirteen (13), Township Thirty -seven (37) North, Range Two (2) East, which lot or parcel of land is bounded by a line running as follows, viz: Beginning at the intersection of the North line of Keasey's First Addition to said City with the East line of Michigan Street in said City; thence East on the North line of said Addition 9 rods to a 14 foot alley; thence North 35 feet to a point 49 feet South of Ohio Street; thence West 9 rods to the East line of Michigan Street; thence South on the East line of Michigan Street 35 feet to the place of beginning, together with the wEST Half (1/2) of the vacated alley lying East and adjacent to said lot. Subject to legal highways. Continued on next page -1- EXHIBIT A - CONT'D PARCEL 5: Lot Numbered One (1) as shown on the recorded Plat of Joseph Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, EXCEPTING THEREFROM a lot or parcel of land 3 1/2 feet in width, North and South, taken off of and from the entire length of the South side thereof, together with the West Half (1/2) of the vacated alley lying West and adjacent to said lot. PARCEL 6: Lot Numbered Two (2) and a parcel of land 3 -1/2 feet in width, North and South, taken off of and from the entire length of the South side of Lot Numbered One (1), all as shown on the recorded Plat of Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the West Half (1/2) of the vacated alley lying West and adjacent to said Lots One (1) and Two (2); also together with the North Half (1/2) of vacated Keasey Street lying South and adjacent to said Lot Two (2). PARCEL 7: Lot Numbered Three (3) in Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, EXCEPTING a strip of land 35 feet and 4 inches in width taken off of and from the East end of Lot Numbered Three (3), together with the South Half (1/2) of the vacated Keasey Street lying North and adjacent to said lot. PARCEL 8: A strip of land 35 feet and 4 inches in width taken off of and from the East end of Lot Numbered Three (3) in Joseph Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the South Half (1/2) of the vacated Keasey Street lying North of and adjacent to said lot. PARCEL 9: Lot Numbered Four (4) in Keasey's Addition to the City of South Bend, in St. Joseph County, Indiana, EXCEPTING a strip of land six and one -half (6 -1/2) feet in width, off of the whole length of the South side thereof, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the West Half (1/2) of the vacated alley lying East of and adjacent to said lot. PARCEL 10: Lots Lettered A and B as shown on the recorded Plat Continued on next page -2- of Elder Place, an Addition to the City of South Bend. ALSO, six and one -half (6 1/2) feet taken off of and from the South side of Lot Numbered Four (4) as shown on the recorded Plat of Joseph Keasey's Addition to the City of South Bend. PARCEL 11: A lot or parcel of land Forty -one (41) feet in width, East and West, taken off of and from the entire length of the West side of Lot Numbered Eighteen (18) as shown on the recorded Plat of Adam S. Baker's First Addition to the City of South Bend, together with the East Half (1/2) of the vacated alley lying West of and adjacent to said lot. PARCEL 12: Seventeen and one - quarter (17 1/4) feet West side of Lot Numbered Seventeen (17) and Sixteen and three - quarter (16 3/4) feet East side of Lot Numbered Eighteen (18) as shown on the recorded Plat of Adam S. Baker's First Addition to the Town, now City of South Bend, St. Joseph County, Indiana, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35. PARCEL 13: A lot or parcel of land 40 1/2 feet in width, from East to West, off of the entire length of the East side of Lot Numbered Seventeen (17), in Adam S. Baker's First Addition to the City of South Bend, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35, together with the West Half (1/2) of the vacated alley lying East of and adjacent to said lot. PARCEL 14: A parcel of land Thirty -eight and one -half (38 1/2) feet in width, East and West, taken off of the West side of Lot Numbered Sixteen (16) as shown on the recorded Plat of Adams S. Baker's First Addition to the City of South Bend, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35, together with the East Half (1/2) of the vacated alley lying West of and adjacent to said lot. PARCEL 15: A lot or parcel of land 19 1/4 feet in width, East and West, taken off of and from the entire length of the East side of Lot Numbered Sixteen (16) and another lot or parcel of land 19 1/4 feet in width, East and West, off of and from the entire length of the West side of Lot Numbered Fifteen (15) all as shown on the recorded Plat of Adam S. Baker's First Addition to the City of South Bend. PARCEL 16: A lot or parcel of land Thirty -eight and one -half (38 1/2) feet in width, East and West, taken off of and from the entire length of the East side of Lot Numbered Fifteen (15) as Continued on next page -3- shown on the recorded Plat of Adam S. Baker's First Addition the City of South Bend, St. Joseph County, Indiana, together with the West Half (1/2) of the vacated alley lying East of adjacent to said lot. to and PARCEL 17: A lot or parcel of land 38 1/2 feet in width, East and West, taken off of and from the entire length of the West side of Lot Numbered Fourteen (14), as shown on the recorded Plat of Adams S. Baker's Addition to the City of South Bend, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35, together with the East Half (1/2) of the vacated alley lying West of and adjacent to said lot. PARCEL 18: A parcel of land 19 1/4 feet wide East and West, fronting on Ohio Street taken off of the entire length of the East side of Lot Numbered 14, and a parcel of land 19 1/4 feet wide, East and West, fronting on Ohio Street, taken off of the entire length of the West side of Lot Numbered 13, all in Adam S. Baker's First Addition to the City of South Bend, Indiana. PARCEL 19: A lot or parcel of land 38 1/2 feet in width taken off of and from the East side of Lot Numbered Thirteen (13) in Adam S. Baker's First Addition to the City of South Bend, St. Joseph County, Indiana, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35, together with the West Half (1/2) of the vacated alley lying East of and adjacent to said lot. PARCEL 20: A parcel of land, described as follows: The West 38 1/2 feet, North and South, taken off of Lot Numbered Twelve (12) in Adam S. Baker 1st Addition to the City of South Bend, St. Joseph County, Indiana, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35, together with the East Half (1/2) of the vacated alley lying West and adjacent to said lot. PARCEL 21: A parcel of land Nineteen and one - fourth (19 1/4) feet wide, taken off of the entire length of the West side of Lot Numbered Eleven (11) and also a parcel of land Nineteen and one - fourth (19 1/4) feet in width taken off of the entire length of the East side of Lot Numbered Twelve (12) in Adam S. Baker's First Addition to the City of South Bend, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35. PARCEL 22: Thirty -eight and one -half (38 1/2) feet off of the East side of Lot Numbered Eleven (11), as shown on the recorded Plat of Adam S. Baker's First Addition to the City of South Bend, Indiana, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35, together with the West Half (1/2) of the vacated alley lying East and adjacent to said lot. PARCEL 23: A tract of land Thirty -eight and one -half (38 1/2) feet in width, East and West, taken off of and from the entire length of the West side of Lot Numbered Ten (10) as shown on the recorded Plat of Adam S. Baker's First Addition to the City of Continued on next page I- South Bend, St. Joseph County, Indiana, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35, together with the East Half (1/2) of the vacated alley lying West and adjacent to said lot. PARCEL 24: A lot or parcel of land 19 1/4 feet in width East and West, taken off of and from the entire length of the West side of Lot Numbered Nine (9) and another lot or parcel of land 19 1/4 feet in width, East and West, taken off of and from the entire length of the East side of Lot Numbered Ten (10), all as shown on the recorded Plat of Adam S. Baker's First Addition to the City of South Bend, Indiana, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35. PARCEL 25: A lot or parcel of land Thirty -eight and one -half (38 1/2) feet in width, East and West, taken off of and from the entire length of the East side of Lot Numbered Nine (9) as shown on the recorded Plat of Adam S. Baker's First Addition to the City of South Bend, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35, together with the West Half (1/2) of the vacated alley lying East and adjacent to said lot. PARCEL 26: The West one -half (1/2) of Lot Numbered Eight (8) as shown on the recorded Plat of Adam S. Baker's First Addition to the City of South Bend, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35, together with the East Half (1/2) of the vacated alley lying West of and adjacent to said lot. PARCEL 27: The East Half (1/2) of Lot Numbered Eight (8) as shown on the recorded Plat of Adam S. Baker's First Addition to the City of South Bend, recorded January 12, 1883 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 4, page 35. PARCEL 28: Lot Numbered Five (5), EXCEPT 18 1/2 feet off the North side and 10 feet off the North side of Lot Numbered Six (6), all as shown on the recorded Plat of Mary Hutchins' Addition to the City of South Bend, recorded July 25, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 67. PARCEL 29: Lot Numbered Six (6) EXCEPTING THEREFROM a parcel of land Ten (10) feet in width, North and South off of and from f the entire North side as shown on the recorded Plat of Mary Hutchins Addition to the City of South Bend, recorded July 25, Continued on next page -5- 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 67, together with the North Half (1/2) of the vacated alley lying South of and adjoining said Lot Numbered Six (6) PARCEL 30: Lot Numbered Seven (7) as shown on the recorded Plat of Mary Hutchin's Addition to the City of South Bend as shown on the recorded Plat thereof, recorded July 25, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 67, together with the South Half (1/2) of the vacated alley lying North of and adjacent to said lot. PARCEL 31:. A part of Lot Numbered Eight (8) in Mary Hutchin's Addition to the City of South Bend, recorded July 25, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 67, more particularly described as: Beginning at the Northeast corner of said Lot 8, thence West 75.51, thence South 261, thence East 75.51, thence North 261, to the place of beginning. PARCEL 32: A part of Lot Numbered Eight (8) in Mary Hutchins Addition to the City of South Bend, recorded July 25, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 67, described as follows: Beginning at a point 26.5 feet South of the Northeast corner of said lot, thence West 75.5 feet, thence South 21 feet, thence East 75.5 feet, thence North 21 feet, to the place of beginning,,together with the North Half (1/2) of vacated Keasey Street lying South of and adjacent to said lot. PARCEL 33: A part of Lot Numbered Eight (8) in Mary Hutchins Addition to the City of South Bend, recorded July 25, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book, 2, page 67, more particularly described as: Beginning at the Northwest corner of said lot, thence East 40' thence South 51.51, thence West 401, thence North 51.5', to the place of beginning, together with the North Half (1/2) of vacated Keasey Street lying South of and adjacent to said lot. PARCEL 34: The East One -half (1/2) of Lot Numbered Twenty -six (26) as shown on the recorded Plat of Keasey's Addition, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the North Half (1/2) of vacated Keasey Street lying South of and adjacent to said lot. PARCEL 35: The West One -half (1/2) of Lot Numbered Twenty -six (26) as shown on the recorded Plat of Keasey's Addition, Continued on next page -6- recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the East Half (1/2) of the vacated alley lying West of and adjacent to said lot; also together with the North Half (1/2) of vacated Keasey Street lying South of and adjoining said lot. PARCEL 36: Lot Numbered Twenty -three (23) as shown on the recorded Plat of Keasey's Addition, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the West Half (1/2) of the vacated alley lying East of and adjacent to said lot; also together with the North Half (1/2) of vacated Keasey Street lying South of and adjacent to said lot. PARCEL 37: Lot Numbered Twenty -two (22) as shown on the recorded Plat of Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the East Half (1/2) of the vacated alley lying West and adjacent to said lot; also together with the North Half (1/2) of vacated Keasey Street lying South of and adjoining said lot. PARCEL 38: Lot Numbered Nineteen (19) as shown on the recorded Plat of Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the West Half (1/2) of the vacated alley lying East of and adjacent to said lot; also together with the North Half (1 /2),of vacated Keasey Street lying South of and adjacent to said lot. PARCEL 39: Lot Numbered Eighteen (18) as shown on the recorded Plat of Keasey's Addition, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the East Half (1/2) of the vacated alley lying West of and adjacent to said lot; also together with the North Half (1/2) of vacated Keasey Street lying South of and adjoining said lot. PARCEL 40: Lot Numbered Fifteen Plat of Keasey's Addition to the August 23, 1870 in the Office of County, Indiana, in Plat Book 2, Half (1/2) of the vacated alley said lot; also together with the Keasey Street lying South of and (15) as shown on the recorded City of South Bend, recorded the Recorder of St. Joseph page 69, together with the West Lying East of and adjacent to North Half (1/2) of vacated adjacent to said lot. PARCEL 41: Lot Numbered Fourteen (14) as shown on the recorded Plat of Keasey's Addition to the City of South Bend, recorded Continued on next page -7- August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the East Half (1/2) of the vacated alley lying West and adjacent to said lot; also together with the North Half (1/2) of vacated Keasey Street lying South of and adjacent to said lot. PARCEL 42: Lot Numbered Eleven (11) as shown on the recorded Plat of Joseph Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, excepting and reserving therefrom a lot or parcel of land Twenty -eight (28) feet in width, East and West, taken off of and from the entire length of the West side thereof; and excepting another lot or parcel of land Eight (8) feet in width, North and South, taken off of and from the entire width of the north end of said lot, together with the West Half (1/2) of the vacated alley lying East of and adjacent to said lot; also together with the North Half (1/2) of vacated Keasey Street lying South of and adjacent to said lot. PARCEL 43: A part of Lot Numbered Eleven (11) as shown on the recorded Plat of Joseph Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, which part is bounded by a line running as follows, viz: Beginning at the Southwest corner of said Lot Numbered Eleven (11), thence running East Twenty -eight (28) feet; thence North One Hundred Five (105) feet; thence East Twenty -nine and Three - fourths (29 -3/4) feet to the East line of said Lot Eleven. (11); thence North Eight (8) feet to the Northeast corner of said Lot; thence West Fifty -seven and three - fourths (57 -3/4) feet; thence South One Hundred Thirteen (113) feet to the place of beginning, together with the West Half (1/2) of the vacated alley lying East of and adjoining the North Eight (8) feet of said lot; also together with the North Half (1/2) of vacated Keasey Street lying South of and adjacent to said lot. ORDER NO: 00119583 EXHIBIT A - LEGAL DESCRIPTION PARCEL 44: Lot Numbered Ten (10) as shown on the recorded Plat of Keasey's Addition recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the East Half (1/2) of the vacated alley lying West of and adjacent to said lot; also together with the North Half (1/2) of vacated Keasey Street South of and adjacent to said lot. PARCEL 45: Lot Numbered Seven (7) as shown on the recorded Plat of Keasey's Addition, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County; Indiana, in Plat Book 2, page 69, together with the West Half (1/2) of the vacated alley lying East of and adjoining said lot; also together with the North Half (1/2) of vacated Keasey Street lying South of and adjoining said lot. PARCEL 46: Lot Numbered Six (6) as shown on the recorded Plat of Keasey's Addition, excepting the West 37.42 feet, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the North Half (1/2) of vacated Keasey Street lying South of and adjacent to said lot. PARCEL 47: A parcel of land Thirty -seven and Forty -two Hundredths (37.42) feet in width, East and West, 'taken off of the West side of Lot Numbered Six (6) as shown on the recorded Plat of Joseph Keasey Addition to the City of South bend, together with the East Half (1/2) of the vacated alley lying West of and adjoining said lot; also together with the North Half (1/2) of vacated Keasey Street lying South of and adjacent to said lot. PARCEL 48: A lot or parcel of land Thirty -two (32) feet in width, East and West, taken off of and from the entire length of the West side of Lot Numbered Five (5) as shown on the recorded Plat of Joseph Keasey's Addition to the City of South Bend, together with the East Half (1/2) of the vacated alley lying West of and adjoining said lot; also together with the South Half (1/2) of vacated Keasey Street North of and adjoining said lot. PARCEL 49: Lot Numbered Five (5) as shown on the recorded Plat of Joseph Keasey's Addition to the City of South Bend, Indiana, Ask recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, excepting therefrom Thirty -two (32) feet taken off of and from the entire West side of said lot, together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. IL PARCEL 50: A parcel of land Twenty -nine (29) feet wide, taken off of the entire West end of Lot Numbered Eight (8) as shown on the recorded Plat of Joseph Keasey's Addition to the City of Continued on next page -9- EXHIBIT A - CONT'D South Bend, Indiana, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. PARCEL 51: Being a lot or parcel of land 28 -3/4 feet in width East and West, taken off of and from the entire length of the East side of Lot Numbered Eight (8) as shown on the recorded Plat of Keasey's Addition to the City of South Bend, Indiana, together with the West Half (1/2) of the vacated alley lying East of and adjoining said lot; also together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. PARCEL 52: Lot Numbered Nine (9) as shown on the recorded Plat of Joseph Keasey's Addition to the City of South Bend, together with the East Half (1/2) of the vacated alley lying West of and adjoining said lot; also together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. PARCEL 53: The West Half (1/2) of Lot Numbered Twelve (12) as shown on the recorded Plat of Keasey's Addition to the City of South Bend, together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. PARCEL 54: The East Half (1/2) of Lot shown on the recorded Plat of Keasey's South Bend, together with the West Hal alley lying East of and adjoining said the South Half (1/2) of vacated Keasey adjacent to said lot. Numbered Twelve (12) as Addition to the City of E (1/2) of the vacated lot; also together with Street lying North of and PARCEL 55: The West One -half (1/2) of Lot Numbered Thirteen (13) as shown on the recorded Plat of Joseph Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the East Half (1/2) of the vacated alley lying West of and adjoining said lot; also together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. PARCEL 56: The East One -half (1/2) of Lot Numbered Thirteen (13) as shown on the recorded Plat of Joseph Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. Continued on next page -10- PARCEL 57: The West Half (1/2) of Lot Numbered Sixteen (16) as shown on the recorded Plat of Joseph Keasey's Addition to the City of South Bend, together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. PARCEL 58: The East Half (1/2) of Lot Numbered Sixteen (16) as shown on the recorded Plat of Keasey's Addition, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the West Half (1/2) of the vacated alley lying East of and adjoining said lot; also together with the South Half (1/2) of vacated Keasey Street lying North of and adjoining said lot. PARCEL 59: The West One -half (1/2) of Lot Numbered Seventeen (17) as shown on the recorded Plat of Keasey's Addition, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the East Half (1/2) of the vacated alley lying West of and adjoining said lot; also together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. PARCEL 60: The East One -half (1/2) of Lot Numbered Seventeen (17) of Keasey's Addition, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. PARCEL 61: Lot Numbered Twenty (20) as shown on the recorded Plat of Keasey's Addition, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69. PARCEL 62: Lot Numbered Twenty -one (21) as shown on the recorded Plat of Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. PARCEL 63: A lot or parcel of land Twenty -seven and Three Fourths (27 3/4) feet in width, East and West, taken off of and from the entire West side of Lot Numbered Twenty -four (24) as shown on the recorded Plat of Joseph Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the South Half (1/2) of vacated Keasey Street lying North of and adjoining said lot. Continued on next page PARCEL 64: A lot or parcel of land Thirty (30) feet in width, East and West, taken off of and from the entire East side of Lot ce Numbered Twenty -four (24) as shown on the recorded Plat of ArN Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the South Half (1/2) of vacated Keasey Street lying North of and adjoining said lot. PARCEL 65: 80 feet taken off of and from'the North end of Lot Numbered Twenty -five (25) of Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the West Half (1/2) of the vacated alley lying East of and adjoining said lot; also together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. PARCEL 66: A lot or parcel of land 33 feet in width from North to South taken off of and from the entire width of the South end of Lot Numbered Twenty -five (25) as shown on the recorded Plat of Keasey's Addition to the City of South Bend, recorded August 23, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 69, together with the West Half (1/2) of the vacated alley lying East of and adjoining said lot. PARCEL 67: Lot Numbered Nine (9) as shown on the recorded Plat of Mary Hutchin's Addition to the City of South Bend, recorded July 25, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 67, EXCEPTING THEREFROM 22.5 feet taken off of and from the entire length of the North side of said Lot Numbered Nine (9), together with the East Half (1/2) of the vacated alley lying West of and adjoining said lot; also together with the South Half (1/2) of vacated Keasey Street lying North of and adjacent to said lot. PARCEL 68: 35 1/2 feet East by 58 feet North of the West end of Lot Numbered Ten (10) in Hutchins Addition to the City of South Bend, Indiana, recorded July 25, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 67, together with the vacated 26 feet right of way lying South of and adjacent to said lot. PARCEL 69: East Eighty (80) feet by Fifty -eight (58) feet of Lot Numbered Ten (10) as shown on the recorded Plat of Mary Hutchins' Addition to the City of South Bend, in St. Joseph County, Indiana, recorded July 25, 1870 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 67, Continued on next page -12- together with the North Half (1/2) of the vacated alley lying South of and adjoining said lot; also together with the vacated PARCEL 70: Lot Numbered Twenty -four (24) in John F. Kirby's APIA Addition to the City of South Bend, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 71: Lot Numbered Twenty -three (23) as shown on the recorded Plat of John F. Kirby's Addition to the City of South Bend, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 72: Lot Numbered Twenty -two (22) in John F. Kirby's Addition to the City of South bend, St. Joseph County, State of Indiana, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 73: Lot Numbered Twenty -one (21) as shown on the recorded Plat of John F. Kirby's Addition, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 74: Lot Numbered Twenty (20) as shown on the recorded Plat of John F. Kirby's Addition to the City of South Bend, Indiana, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Deed Record 550, page 371. PARCEL 75: Lot Numbered Nineteen (19) and Lot Numbered Eighteen (18), excepting a strip of land nine and one -half feet (9 1/21) wide, East and West, taken off of and from the entire East side of said lot, as shown on the recorded Plat of John F. Kirby's Addition to the City of South Bend, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 76: All of Lot Numbered Seventeen (17), and a lot or parcel of land 9 1/2 feet in width, East and West, taken off of and from the entire length of the East side of Lot Numbered Eighteen (18), all as shown on the recorded Plat of John F. Kirby's Addition to the City of South Bend, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 77: Lot Numbered Thirty -two (32) as shown on the recorded Plat of John F. Kirby's Addition to the City of South Bend, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 78: Lot Numbered Thirty -one (31) as shown on the recorded Plat of J.F. Kirby's Addition to South Bend, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 79: The East Half (1/2) of Lot Numbered Thirty (30) as shown on the recorded Plat of John F. Kirby's Addition, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. Continued on next page -13- Awl PARCEL 80: West Half (1/2) of Lot Numbered Thirty (30) as shown on the recorded Plat of John F. Kirby's Addition to the City of South Bend, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 81: Lot Numbered Twenty -nine (29) as shown on the recorded Plat of John F. Kirby's Addition to the City of South Bend, in St. Joseph County, Indiana, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 82: Lot Numbered Twenty -eight (28) as shown on the recorded Plat of J.F. Kirby's Addition to the City of South Bend, in St. Joseph County, Indiana, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 83: Lot Numbered Twenty -seven (27) as shown on the recorded Plat of J.F. Kirby's Addition to the City of South Bend, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 84: Lot Numbered Twenty -six (26) as shown on the recorded Plat of J.F. Kirby's Addition to the City of South Bend, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56. PARCEL 85: A lot or parcel of land Thirty -nine (39) feet and six (6) inches in width North and South taken off of and from the entire width of the North end of Lot Numbered Twenty -five (25) as shown on the recorded Plat of John F. Kirby's Addition to the City of South Bend, in St. Joseph County, Indiana, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56, and as more particularly described: Commencing at the Northwest corner of Lot Numbered Twenty -five (25) as shown on the recorded Plat of John F. Kirby's Addition to the City of South Bend, in St. Joseph County, Indiana; thence running South Thirty -nine (39) feet and six (6) inches; thence East on a line parallel with the Northern Boundary of the said Lot Twenty -five (25) of John F. Kirby's Addition a distance of Forty -nine (49) feet and six (6) inches to the dividing line between Lots Twenty -five (25) and Twenty -six (26) of the said John F. Kirby's Addition; thence North along the dividing line between the said Lots Twenty -five (25) and Twenty -six (26) of John F. Kirby's Addition a distance of Thirty -nine (39) feet and six (6) inches to the Northern Boundary of the said Lot Numbered Twenty -five (25); thence West along the Northern Boundary of the said Lot Numbered Twenty -five Continued on next page -14- (25) a distance of Forty -nine (49) feet and six (6) inches to the place of beginning. PARCEL 86: Part of Lot Numbered Twenty -five (25) as shown on the recorded Plat of John F. Kirby's Addition to the City of South Bend, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56, described as beginning at a point on the West line of said Lot Numbered Twenty -five (25), 39 feet and 6 inches South of the Northwest corner thereof, running thence East on a line parallel with the North line of said lot to the East line of said lot, thence South on said East line 39 feet and 6 inches, thence West to the West line of said lot, thence North 39 feet and 6 inches to the place of beginning in St. Joseph County, Indiana. PARCEL 87: Lot Numbered Twenty -five (25) as shown on the recorded Plat of J.F. Kirby's Addition to the City of South Bend, recorded June 21, 1869 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 2, page 56, excepting therefrom a lot or parcel of land 79 feet in length, North and South, taken off of and from the entire width of the North end thereof. PARCEL 88: 43.5 feet North end Lot Numbered Nine (9) and 13.5 feet West side of 43.5 feet North end Lot Numbered Ten (10), Elder's First Addition to the City of South Bend, Indiana, recorded March 6, 1872 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 4. , PARCEL 89: Lot Numbered Seven (7) as shown on the recorded Plat of John Elder's First Addition to the City of South Bend, recorded Match 6, 1872 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 4. ALSO the North One -half (1/2) of Lot Numbered Eight (8) as shown on the recorded Plat of John Elder's First Addition to the City of South Bend, St. Joseph County, Indiana, recorded March 6, 1872 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 4. ALSO the South One -half (1/2) of Lot Numbered Eight (8) as shown on the recorded Plat of John Elder's First Addition to the City of South Bend, St. Joseph County, Indiana, recorded March 6, 1872 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 4. PARCEL 90: Lot Numbered Six (6) as shown on the recorded Plat of John Elder's First Addition to the City of South Bend, dated March 4, 1872 and recorded March 6, 1872 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 4. Continued on next page -15- PARCEL 91: Lot Numbered Five (5) as shown on the recorded Plat of John Elder's First Addition to the City of South Bend, recorded March 6, 1872 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 4. PARCEL 92: Lot Numbered Four (4) as shown on the recorded Plat of John Elder's First Addition to the City of South Bend, recorded March 6, 1872 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 4. PARCEL 93: A lot or parcel of land Twenty -five (25) feet in width, East and West, taken off of and from the entire length of the West side of Lot Numbered Three (3) as shown on the recorded Plat of John Elder's First Addition to the City of South Bend, recorded March 6, 1872 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 4. PARCEL 94: Lot Numbered Three (3) as shown on the recorded Plat of John Elder's First Addition to the City of South Bend, recorded March 6, 1872 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 4, EXCEPTING therefrom a parcel of land Twenty -five (25) feet in width, East and West, taken off of and from the entire length of the West side of said lot. PARCEL 95: Lot Numbered Two (2) as shown on the recorded Plat of John Elder's First Addition to the City of South Bend, recorded March 6, 1872 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 4. PARCEL 96: Lot Numbered One (1) as shown on the recorded Plat of John Elder's First Addition to the City of South Bend, recorded March 6, 1872 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 4, excepting a strip of land forty -two (42) feet in width North and South, taken off of the entire width of the South end of the lot. PARCEL 97: A lot or parcel of land Forty -two (42) feet in width, fronting on Fellows Street, taken off of the entire width of the South end of Lot One (1) as shown on the recorded Plat of John Elder's First Addition to the City of South Bend. Continued on next page -16- ORDER NO: 00119583 EXHIBIT A - LEGAL DESCRIPTION PARCEL 98: Lot Numbered Twenty (20) as shown on the recorded Plat of Elder Place recorded February 7, 1889 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 13. PARCEL 99: Lot Numbered Twenty -one (21) except 4 feet South end, Elder Place Addition to the City of South Bend, Indiana, recorded February 7, 1889 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 13. PARCEL 100: Part of Lot Lettered "L" and part of the South 4 feet of Lot Numbered Twenty -one (21), all as shown on the recorded Plat of Elder Place Addition to the City of South Bend, recorded February 7, 1889 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 13, more particularly described as follows: Beginning at the Southeast corner of said Lot Lettered "L" Elder Place Addition; thence West 78.45 feet; thence North 47 feet; thence East 78.45 feet; thence South 47 feet to the place of beginning. PARCEL 101: Part of Lot Lettered "L" and part of the South 4 feet of Lot Twenty -one (21) of Elder Place Addition of South Ark Bend, recorded February 7, 1889 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 13, described as follows: Beginning at the Southwest corner of said Lot Lettered "L" of Elder Place Addition; thence North 47 feet; thence East 37.05 feet; thence South 47 feet; thence West 37.05 feet to the place of beginning. PARCEL 102: All that portion of the following described real estate which is North of vacated Elder Street: Part of the Northwest One - Quarter of Section 13, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at the intersection of the North line of the East - West alley between Keasey Street and Elder Street and the East line of the first North -South alley East of Michigan Street; thence Southerly along the East line of said North -South alley and the East line of the alley extended to the South line of Elder Street; thence Easterly along the South line of Elder Street to the intersection with the East line of the North -South alley between Lots AC and AE in the Plat of the Commissioner's Subdivision of Lots 1 and C; said intersection point being 173.0 feet Easterly of the East line of Michigan Street as platted in the Commissioner's Subdivision of Lots 1 and C; thence Southerly along a line parallel and 173.0 feet Easterly of the East line of Michigan Street to the South line of Paris Street; thence Easterly along the South line of Paris Street to the East line of Lot 56 in the Plat of Elder Place; thence Southerly along the East line of Lot 56 and the East line of Lot 56 extended to the South line of the East -West Continued on next page -17- EXHIBIT A - CONT'D alley between Paris Street and Pennsylvania Street; thence Easterly along the South line of said East -West alley, to the intersection of the East line of the North -South alley adjacent and East of Lot 73 in the Plat of Elder Place extended Southerly; thence Northerly along the East line of said North -South alley extended Southerly and the East line of the North -South alley adjacent and East of Lots 73, 52, 35 and 19 in the Plat of Elder Place to the intersection with the North line of the East -West alley adjacent and North of said Lot 19 extended Easterly; thence Westerly along the North line of said East -West alley extended and the North line of the East -West adjacent and North of Lots 2 through 19 in the Plat of Elder Place, to the point of beginning. Subject to legal highways. -18-