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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement') is entered into as of the day
of , 20_, by and between the CITY OF SOUTH BEND, INDIANA,
DEPARTMENT OF DEVELOPMENT, acting by and through the SOUTH BEND
REDEVELOPMENT COMMISSION (the "Commission "), and CENTRAL HIGH
ASSOCIATES, LLC, a Wisconsin limited liability company
Recitals:
'WHEREAS, CHA is the owner in fee simple of that certain real property described in
Exhibit A attached hereto and made a part hereof (the "CHA Property' ).
'WHEREAS, the Commission is the owner in fee simple of that certain real property
described in Exhibit B attached hereto and made a part hereof (the "Commission Propert y" or the
"Easement Area ").
`WHEREAS, the Commission and CHA entered into that certain Agreement to Lease (as
amended, the "Parking Lease ") dated to be effective December 29, 1995 whereby CHA leases
from the Commission the Commission Property and improvements thereon for use as parking
facilities, for the multifamily housing project located on the CHA Property.
`WHEREAS, pursuant to the First Amendment to the Parking Lease, CHA desires to
obtain from the Commission, and the Commission desires to grant to CHA an exclusive and
perpetual easement (the "Easement ") for ingress, egress and parking purposes over and across
the Commission Property for the benefit of the CHA Property subject to and in accordance with
this Agreement.
Statement of Agreement:
14OW THEREFORE, in consideration of the terms and conditions contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, CHA and the Commission agree as follows:
1. Grant by the Commission; Annual Payments by CHA.
1.01 Grant by the Commission. Subject to the terms of this Agreement, the
Commission hereby grants and conveys to CHA, its successors and assigns, and its tenants,
employees, agents, guests and invitees of each (collectively, "Permittees "), a perpetual, exclusive
easemer t (the "Easement") to use the Commission Property, all improvements thereon and all
appurtenances, rights, privileges, interests, tenements, hereditament and easements in any way
now or hereafter belonging or appertaining thereto, including any right, title or interest of the
Commission in and to any property as a result of the vacation or abandonment of all or any part
of any alley, street, road or highway adjacent to, or any public rights of way in, the Commission
Propert), together with any interest that the Commission may now or hereafter have in any and
all buildings, structures and improvements that may now or hereafter be erected thereon for any
and all lawful purposes, including, but not limited to, (i) parking, (ii) vehicular and pedestrian
ingress end egress, (iii) installation, use, maintenance repair and replacement of utility facilities
and (iv) use, operation, maintenance, and repair and/or replacement of any portions of any
improvements now or hereafter located on the CHA Property that encroach upon the
Commis ;ion Property.
1.02 Annual Payments by Commencing on January 1, 2013 and
continuing on January 1 of each year thereafter through and including January 1, 2047, CHA
shall pay to the Commission the amount of $5,686.00, as set forth in Section 3(b) of the Parking
Lease.
2. Use of Easement Area. The Commission shall not alter or use the Easement Area
in a wad- that unreasonably interferes with the use of the Easement Area by CHA and/or any
other Pe-mittee.
3. Maintenance, Repairs. Alterations, Replacements. CHA shall at all times, at its
expense, keep and maintain or cause to be kept and maintained the Easement Area in good, clean
and safe condition and repair including, without limitation, the making of all necessary structural
repairs and/or replacements. The Commission shall not be required to furnish any services or
facilities or to make any improvements, repairs or alterations in or to the Easement Area.
4. Taxes.
4.01. Definitions.
"Real Estate Taxes" means and includes all ad valorem real property taxes and
assessmc;nts levied upon or with respect to (or, if any such levy is upon or with respect to a
parcel of real estate and improvements thereon of which the Commission Property is a part, then
the port: on thereof properly allocable and relating to) the Commission Property, or any part
thereof, and all taxes, levies and charges which may be levied or imposed by any governmental
authority in replacement of, in lieu of, or in addition to ad valorem real property taxes, in whole
or in pact, including but not limited to a state or local option tax designed for property tax relief
purpose, or a license or franchise fee measured by rents or other income received by the
Commission from the Commission Property, or otherwise measured or based upon the
Commission's or CHA's interest in the Commission Property as owner /grantor and grantee,
respectively.
"Taxes" means all Real Estate Taxes, personal property taxes, special and general
assessmonts, sewer service charges and other governmental impositions and charges of every
kind and nature whatsoever, extraordinary as well as ordinary, which may be assessed, levied, or
become due and payable with respect to, or become a lien on, the Commission Property, or any
part ther -,of or appurtenance thereto.
4.02. Payment of Taxes and Assessments. CHA shall pay and discharge
punctually, as and when the same shall become due and payable, all Taxes which are due and
payable with respect to the Commission Property, or any part thereof, or any appurtenances or
equipment owned by or leased to CHA thereon or therein during any calendar year. CHA shall
be deerred to have complied with the covenants of this Section 4.02 if payment of Taxes shall
have been made either within any period allowed by applicable law before the same shall
become a lien upon the Commission Property; or, if the Taxes constitute a lien before it is due
and payable, then, before any penalty or interest is assessed with respect thereto. CHA shall send
to the Commission satisfactory evidence of payment of any applicable Taxes and any other
payment hereunder if requested to do so by the Commission in writing.
4.03. Right to Contest. CHA shall have the right to contest all Taxes referred to
in Secti m 4.01 by appropriate legal proceedings, or in such other manner as it may deem
appropriate. Such legal proceedings shall include any and all appropriate appeals or other
proceedings and appeals from orders, judgments or decrees so long as the same are sufficient to
prevent a foreclosure sale. CHA shall conduct all such proceedings at its expense. The
Commission shall execute all documents reasonably required for such proceedings. CHA shall
pay to the Commission any costs or expenses incurred or to be incurred by the Commission in
connection therewith. Notwithstanding the foregoing, CHA shall pay any such Taxes prior to the
time the Commission Property or any part thereof shall become subject to sale upon foreclosure
of the lien therefor.
4.04. Distribution of Overpayment of Taxes. If there shall be any refunds or
rebates on account of Taxes paid by CHA under the provisions of this Agreement, such refund or
rebate sliall belong to the Commission, regardless of when such is received by the Commission.
Any refi►nds so received by the Commission shall be deemed to be received by the Commission
in trust for CHA and shall be paid to CHA forthwith. The Commission will, upon request of
CHA, sign any receipts which may be necessary to secure the payment of any such refund or
rebate.
4.05. Separate Assessments. Upon the request of CHA at any time, the
Commission will make application individually, or will join in CHA's application, and will
execute such instruments as may be necessary or appropriate to obtain separate tax assessments
for the Commission Property.
Insurance.
5.01. Liability Insurance. CHA shall maintain and keep in force at all times,
with an : nsurance company or companies licensed to do business in the State of Indiana, selected
by CHA and acceptable to the Commission (i) comprehensive general public liability insurance
coverin€ any and all claims for injuries to or death of persons or damage to property occurring in
or upon the Commission Property and having initial minimum levels of combined coverage for
bodily i -ijury (including death resulting therefrom) and property damage, including umbrella
coverage, of not less than Five Million and No /100 Dollars ($5,000,000.00), for each occurrence
and on an annual aggregate basis and (ii) workers' compensation and employer's liability
insurance in such amounts as shall be required by law from time to time, but in no event less than
One Hundred Thousand Dollars ($100,000) per accident. CHA's comprehensive general public
liability insurance shall have extensions of coverage to include blanket contractual liability for
written and oral contracts, broad form property damage and premises operations (including
explosion, collapse and underground coverage). Each policy referred to in this Section 5.01 shall
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name th° Commission as an additional insured. Such liability insurance may be provided by a
single policy or combination of underlying policies, with the balance provided by an excess or
umbrellaL liability policy; provided such excess or umbrella insurance complies with all of the
other requirements of this Agreement with respect to such insurance.
5.02. Property Insurance. During the Term, CHA shall keep any buildings now
or hereafter located on the Commission Property insured with an insurance company licensed to
do busir.ess in the State of Indiana, selected by CHA and acceptable to the Commission for the
benefit of CHA and the Commission, as their respective interests may appear, against loss or
damage by fire or other casualty (including earthquake, to the extent customary and available on
reasonable terms) covered by a customary extended coverage endorsement, in an amount equal
to one hundred percent (100 %) of the replacement cost thereof and providing for and having a
deductit le in an amount not exceeding Twenty Five Thousand and Dollars ($25,000.00).
Notwithstanding the foregoing, CHA shall at all times maintain such insurance in an amount
sufficient to meet all co- insurance requirements under such insurance policy. The Commission
shall no-. carry any insurance concurrent in coverage and contributing in the event of loss with
any insurance required to be furnished by CHA hereunder, if the effect of such separate
insurance would be to reduce the protection or the payment to be made under CHA's insurance.
5.03. Proof of Insurance. CHA shall deliver copies of insurance certificates
evidencing all coverage required by this Section 5 to the Commission not less than ten (10) days
prior to the expiration of any current insurance coverage. Each such policy referred to in this
Section 5 shall contain a provision providing that the policy shall not be canceled, not renewed
or mates ially amended without thirty (30) days prior written notice to the Commission or CHA,
as applicable.
5.04. Adjustment in Insurance. If by reason of changed conditions or by reason
of experience, CHA reasonably determines that the insurance amounts referred to in the
foregoing Section 5.01 are inadequate, CHA shall, at the request of the Commission, increase the
amounts of such insurance carried to the extent appropriate for a like facility under like
circumstances. In the event that it shall become customary for a grantee of a similar easement to
maintain. types of insurance coverage other than those required to be maintained by CHA under
this Sect ion, CHA shall maintain such other types of insurance coverage upon the written request
of the Commission so long as such types of insurance coverage can be obtained by CHA at a
reasonable cost.
5.05. Waiver of Subro ag tion. CHA and the Commission waive all rights against
each other and against those for whom the other is legally liable for all losses covered by
insurance provided under this Section 5 to the extent the upper limits of such insurance are
adequate: to cover such losses, it being the intent of this provision to allocate all risk of such loss
to such nsurance: Provided, however, that this waiver shall not be effective if it would preclude
or prejudice the right of CHA or the Commission to recover under such insurance policy. If the
policies of insurance provided for under this Section 5 require an endorsement to provide for
continued coverage where there is a waiver of subrogation, CHA will cause such policies to be
so endorsed.
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5.06. Insurance Proceeds. The proceeds of any and all policies of insurance
upon th-- improvements on the Commission Property maintained pursuant to Section 5.02
remaining after any required payment to any mortgagee shall be used as a trust fund toward the
repair, reconstruction, replacement or rebuilding of said improvements. Accordingly, all such
policies of insurance shall provide that all proceeds payable at any time under such policies shall
be paid to the Commission for the benefit of the Commission, CHA and any mortgagee. All
such insurance proceeds deposited with the Commission remaining after any required payments
to any mortgagee shall be disbursed in the manner and upon the conditions customarily
applicable to construction loans for the payment of the costs of repairing, reconstructing,
replacin,; and restoring any improvements. If the insurance proceeds shall exceed the cost of
repairing; or rebuilding the improvements, the trustee shall pay the balance remaining after
payment of such costs shall be the property of the Commission.
The Commission, CHA and any mortgagee shall cooperate fully in collecting
such insurance proceeds and will execute and deliver any and all proofs, receipts, releases and
other in,, truments whatsoever as may be necessary or proper for such purpose.
5.07. General Provisions. In the event CHA shall fail or refuse to obtain any
insurance required by this Section 5, the Commission, in addition to any other right the
Commission may have under this Agreement, at law or in equity, shall have the right to obtain
such insurance. The cost of such insurance shall constitute a debt payable to the Commission
upon demand of CHA by the Commission.
f . Mechanics' Liens; Indemnification, Nonliability.
6.01. Mechanics' Liens. CHA shall promptly after the filing thereof discharge
of record, at CHA's expense, any mechanic's, materialmen's or other lien, or notice of intention
to file my such lien, filed against the Commission Property or any part thereof or interest
therein; provided that CHA shall have the right to contest the validity of any such lien in any
manner permitted by law so long as CHA (i) obtains title insurance, an indemnity, bond or other
assurance or security reasonably satisfactory to the Commission, and (ii) shall thereafter
diligently proceed to cause such lien or notice of intention to file a lien to be removed and
discharged. If CHA shall fail to discharge, or to seek to discharge, any such lien or notice of
intention to file a lien, then the Commission may, but shall not be obligated to, discharge the
same, either by paying the amount claimed to be due, or by procuring the discharge of such lien
by depo >iting in court a bond for the amount claimed or in such other manner as is or may be
permitted by law, and CHA shall reimburse and indemnify the Commission with respect thereto.
6.02. Indemnification by CHA. Regardless of whether or not caused or alleged
to be caused by the several, joint, concurrent or comparative negligence, but not sole negligence,
of the Commission, CHA shall, at its sole cost and expense, indemnify and save harmless the
Commission, against and from any and all claims, damages, losses, fines, penalties, liability,
costs and/or expenses (including but not limited to reasonable attorneys' fees) arising from (i)
CHA's possession, use or control of the Commission Property or any part thereof, (ii) any
condition of the Commission Property or any part thereof, (iii) any breach or default on the part
of CHA in the performance of any covenant or agreement on the part of CHA to be performed
pursuant to the terms of this Agreement, (iv) any willful or negligent act or omission of CHA, or
any of its agents, contractors, licensees, subtenants or its or their servants, employees, customers
or invitees, or (v) any accident, injury to or death of persons or damage to property whatsoever in
or about the Commission Property or any part thereof; and should any claim, action or
proceed: ng shall be brought against the Commission by reason of any such claim, damage and/or
liability. CHA, upon written notice from such party, shall defend such action or proceeding with
counsel acceptable to such party. Notwithstanding the foregoing, while the CHA Property is
subject to a mortgage insured or held by the U.S. Department of Housing and Urban
Develorment ( "HUD "), any liability of CHA under this Agreement with respect to the
Commission Property is limited to "surplus cash" as defined in the Regulatory Agreement for
Multifamily Housing Projects by and between CHA and HUD.
6.03. Nonliability. The Commission shall not be responsible or liable to CHA,
or any Ferson, firm or corporation claiming by, through or under CHA for, or by reason of, (i)
any injury or damage to the improvements or any equipment or apparatus or appliances on the
Commission Property, (ii) any failure or defect of water, heat, electric light or power supply, or
of any , pparatus or appliance in connection therewith, or for any injury or loss or damage to
person cr property resulting therefrom, or (iii) any injury, loss or damage to any persons or to the
Commission Property, or to any property of CHA or of any other person, contained in or upon
the Commission Property, caused by or arising or resulting from the electric wiring, or plumbing,
water, steam, sewerage, or other pipes, or by or from any machinery or apparatus, or by or from
any defect in or leakage, bursting or breaking of any of the foregoing the same, or by or from,
any leakage, running or overflow of water or sewerage in any part of said premises, or by or
from any other defect or other cause whatsoever (other than any such injury, failure, defect, loss
or damage caused by the willful or negligent act or omission of the Commission or its respective
agents, contractors, servants or employees).
Events of Default.
7.01. Definition. CHA's failure to perform any covenant or obligation herein
contained and the continuance of such failure for a period of ninety (90) days after notice in
writing :o CHA from the Commission specifying the nature of such failure, and provided the
Commission shall not cure said failure as provided in Section 7.03 if not remedied as hereinafter
provided, shall be deemed an "Event of Default ".
7.02. Extensions. If the Commission gives notice at any time of a default of a
nature that cannot be cured with the ninety (90) day period provided in Section 7.01, then such
default shall not be deemed an Event of Default so long as CHA, following notice from the
Commission, proceeds to cure the default aS soon as reasonably possible and continues to take all
reasonable steps necessary to complete the same within a period of time which, under all
prevailing circumstances, shall be reasonable. In addition, no Event of Default shall be deemed
to have occurred if and so long as CHA shall be delayed in or prevented from curing the same
within the applicable cure period by a reason beyond CHA's reasonable control and not
avoidable by reasonable diligence.
7.03. Remedies. Upon any Event of Default pursuant to Section 7.01, or at any
time thereafter so long as the same is not cured, the Commission may cure any such Event of
Default ind collect the cost thereof from CHA upon demand. In addition to any other rights that
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CHA or the Commission may have pursuant to this Agreement, if the other fails or refuses to
execute, acknowledge and deliver any instrument or instruments or to take any other action
(other ti an an action solely involving the payment of any sum of money) required to effectuate
provisions of this Agreement within the time period required by this Agreement or, if no time
period therefor is specified in this Agreement, within any reasonable time period specified in any
request from the other party, then from and after the date fifteen (15) days after the date of
delivery of a final written demand to the other party requesting such execution, acknowledgment
and delivery or other action, the requesting party shall be entitled to specific performance,
declaratory relief, or such other remedies at law or equity which may be appropriate to effectuate
the provisions of this Agreement. The foregoing shall not be construed to give the Commission a
right to terminate this Agreement upon the existence of an Event of Default.
f.. Commission's Right of Entry. CHA shall permit the Commission and its
authoriz .-d representatives, upon reasonable, prior notice, to enter the Commission Property for
the purpose of (a) inspecting the same, or (b) performing any work on the Commission Property
that may be necessary by reason of CHA's failure to perform any such work or to commence the
same within ten (10) days after written notice from the Commission (or without notice in case of
emergercy). Nothing herein shall imply any duty on the part of the Commission to do any such
work, aid performance thereof by the Commission shall not constitute a waiver of CHA's
default in failing to perform the same. The Commission shall not be liable for inconvenience,
annoyance, disturbance, loss of business or other damage to CHA or any Permittee by reason of
perform ng any such work and the obligations of CHA under this Agreement shall not be
affected thereby.
0. Option to Purchase.
9.01. Terms of Option. The Commission grants to CHA the right and option to
purchase the Commission Property on the following terms and conditions:
(a) The option shall be exercised only upon CHA's written notice to
the Corr mission of the exercise of such option.
(b) The purchase price for Commission Property shall be the sum of
(i) $1.00, plus (ii) all amounts due, if any, under Section 1.02 hereof prior to and subsequent to
the date Tenant exercises its option to purchase and which have not yet been paid to the
Commit sion.
(c) The closing of the purchase and sale of the Commission Property
shall oc ,-ur on a date determined by the agreement of CHA and the Commission, which date
shall no: be later than thirty (30) days after the date of CHA's notice to the Commission of the
exercise of the option.
(d) At closing, the Commission shall deliver to CHA a limited
warranty deed and all other instruments and documents as may be necessary or appropriate to
convey marketable title to the Commission Property to CHA, subject to (i) the lien of all Real
Estate T axes, all general and special assessments and all other governmental dues, charges and
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impositions not delinquent, (ii) all easements, restrictions, agreements, covenants and other
matters of record, including, without limitation, the building and use restrictions in the South
Bend Central Development Plan as the same may be amended from time to time, (iii) all rights of
the public, the State of Indiana and any political subdivision of the State of Indiana (including
without limitation counties and municipalities) in and to that part of the Commission Property
which h3.s been taken or used for highways, streets, rights -of -way and related purposes, (iv) all
applicaLle zoning, building and land use and other governmental restrictions, laws, ordinances
rules and regulations, (v) all matters that would be discovered or disclosed by an accurate
inspection and ALTA/ACSM minimum standard detail survey of the Commission Property (vi)
any enc imbrances, restrictions or liabilities arising under environmental laws, and (vii) other
matters .,reated, caused suffered or permitted by any act or omission of CHA.
9.02. Covenant Contained in Deed. The limited warranty deed delivered by the
Commission to CHA upon the exercise of the option to purchase by CHA shall contain the
following provisions:
(a) The grantee, and those whose title is derived from the grantee,
covenant that they shall not discriminate on the basis of race, color, creed, sex or national origin
in the stile, lease, rental, use or occupancy of this real estate. This covenant runs in favor of the
grantor, the City of South Bend and the United States of America regardless of whether all or
any of them has at any time been, or is the owner of this real estate, and may be enforced by any
such entity in its own right.
(b) If the above covenant is breached, the Commission, the City of
South B .-nd and the United States of America shall have all of the rights remedies of which they
or any other beneficiary of the covenant may be entitled.
9.03. SMcific Performance. CHA shall be entitled to specific performance to
enforce the provisions of this Section 9, it being agreed that money damages is not an adequate
remedy for any breach thereof.
10. Covenants Run With the Land. It is intended that the covenants, easements,
agreements, promises and duties of each party, as set forth in this Agreement, shall be construed
as covenants and not as conditions and that, to the fullest extent legally possible, all such
covenants shall run with and be enforceable against both the covenantor and the land or
constitu' a equitable servitudes as between the parcel of the respective covenantor, as the servient
tenement, and the parcel of the respective covenantee, as the dominant tenement.
11. Entire Agreement. CHA and the Commission agree that there are no covenants,
representations, warranties, agreements, or conditions, either expressed or implied, which in any
way affect, form a part of, or otherwise relate to this Agreement, except for those expressly set
forth he.-ein. CHA and the Commission represent and agree that this instrument constitutes the
entire agreement between them regarding the subject matter hereof. Any or all provisions of this
Agreement may be amended, terminated, rescinded, released or otherwise modified, in whole or
in part, at any time and from time to time, only by a written document executed and
acknowledged by all owners and the then holders of any first mortgages encumbering the
Commission Property or the CHA Property. Any party acquiring the Commission Property or
the CHI, Property at any time hereafter shall have no obligations with respect to this Agreement
beyond chose contained herein.
12. Notices. Any notice required or desired to be given hereunder shall be deemed
given when:
(a) delivered personally to that person or any officer, partner, member or duly
authoriz -,d agent thereof; or
(b) mailed by certified or registered mail, return receipt requested, addressed
to that person at the address then listed for the owner of that part of the CHA Property or the
Commission Property, as applicable, in the real estate tax records of the Auditor of St. Joseph
County, Indiana.
13. Severability. If any provision of this Agreement is determined to be void and
unenforceable by any court, that determination shall not affect the remaining provisions of this
Agreemcrit, which shall remain in full force and effect.
{;;PACE INTENTIONALLY BLANK — SIGNATURE PAGES TO FOLLOW}
E
IN WITNESS WHEREOF, CHA has executed this Agreement to be effective as of the
date first set forth herein above.
CENTRAL HIGH ASSOCIATES, LLC,
a Wisconsin limited liability company
By: Housing Horizons, LLC, a Texas limited liability
company, its Manager
Lim
STATE OF GEORGIA )
ss:
COUNTY OF )
Leonard J. Anderson
Vice President and Chief Operating Officer
On this day of , 2011, before me, the undersigned, personally
appeared Leonard J. Anderson, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his capacity, and that by his signature on the instrument, the individual
executed the instrument; as his free act and deed, and the free act and deed of said limited liability
compani,:s.
In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year in
this Certificate first above written.
[SEAL]
My commission expires
Notary Public in and for said County and State
IN
IN WITNESS WHEREOF, the Commission has executed this Agreement to be effective
as of the date first set forth herein above.
CITY OF SOUTH BEND, INDIANA DEPARTMENT
OF REDEVELOPMENT, acting by and through the
SOUTH BEND REDEVELOPMENT COMMISSION
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
STATE OF INDIANA )
) ss:
COUNTY OF ST. JOSEPH )
On this day of , 20_, before me, the undersigned, personally
appeared , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that s/he executed the same in her/his capacity, and that by her/his signature on the
instrume it, the individual executed the instrument; as her/his free act and deed, and the free act and deed
of said city.
In Witness Whereof, I have hereunto set my hand and affixed my official sea] the day and year in
this Cert ficate first above written.
[SEAL] Notary Public in and for said County and State
My commission expires
1 affirm, utder penalties of perjury, that 1 have taken reasonable care to redact each Social Security Number in this document,
unless refit iced by law, Nicklaus R. McKee.
This instrument prepared by: Charles C. Bissinger, Jr.
Vorys, Sater, Seymour and Pease LLP
221 East Fourth Street, Suite 2000
Cincinnati, OH 45202
RETURN CO PREPARER.
Exhibit A •- Legal Description of the CHA Property
Exhibit B -• Legal Description of the Commission Property
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EXHIBIT A
PARCEL. I: That part of the Northeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
Townshi ), City of South Bend, St. Joseph County, Indiana which is described as: Lot Number One (1) of
the recoiled Plat of "Central High Associates Minor Subdivision" recorded as Document No. 9408747 in
the recoris of the St. Joseph County, Indiana Recorder's Office and being more particularly described as:
beginnin,; at the Northeast corner of said Lot #1; thence South 00 °01'34" West, 313.76 feet; thence North
89°58'2f" West, 172.35 feet; thence North 00 °01'34" East, 42.66 feet; thence North 89 °57'21' West,
197.41 feet to the East line of Williams Street; then North 00 °00'00" East along said East line 114.20
feet; therce South 89 °57'21" East 145.29 feet; thence North 06 001'09" East, 13.57 feet; thence North
00002'35" East, 34.30 feet; thence North 89 058'26" East, 50.83 feet; thence North 00 °01'34" West,
109.01 feet; thence North 89 058'26" East, 172.36 feet to the point of beginning
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EXHIBIT B
PARCEL U: That part of the Northeast Quarter of Section 11, Township 37 North, Range 2
East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as:
Lot Number Two (2) of the recorded Plat of "Central High Associates Minor Subdivision"
recorded as Document No. 9408747 in the records of the St. Joseph County, Indiana Recorder's
Office and being more particularly described as: beginning at the Northeast corner of said Lot
#1 of sa d Subdivision; thence South 00 °01'34" West 313.76 feet: thence South 89 °58'26"
West, 172.35 feet; thence North 00 °01'34" East, 42.66 feet; thence North 89 °57'21" West,
197.41 feet to the East line of Williams Street; thence South 00 °00.00 West along said East line
91.15 fe -.t to the North line of Washington Street; thence South 89 °48'08" East along said North
line, 430.07 feet to the West line of St. James Court; thence North 00 °01'34" East along said
West line, 411.05 feet to the South line of Colfax Avenue; thence North 89 °43' 16" West along
said South line, 430.26 feet to the East line of Williams Street; thence South 89 °57'21" East,
145.29 feet; thence North 06 °01'09" East, 13.57 feet; thence North 00 002'39" East. 34.30 feet;
thence North 89 °58'26" East, 50.83 feet; thence North 00 °01'34" West, 109.01 feet; thence
North 811 °58'26" East, 172.36 feet to the point of beginning.
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127-1001 V.-