HomeMy WebLinkAboutNo. 0935 approving the execution of a second addendum to the lease for the SBCDA public improvement projectRESOLUTION NO. 935
` RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION APPROVING THE EXECUTION OF A SECOND ADDENDUM
TO THE LEASE FOR THE SOUTH BEND CENTRAL DEVELOPMENT
AREA PUBLIC IMPROVEMENT PROJECT
WHEREAS, the South Bend Redevelopment Commission (the
"Commission ") previously entered into a Lease between the
Commission and the South Bend Redevelopment Authority
(the "Authority") dated as of November 1, 1989 (the "Lease "),
pursuant to which the Authority will lease certain land and public
improvements (the "Project ") to the Commission; and
WHEREAS, the Authority has previously authorized the
issuance of the "South Bend Redevelopment Authority Lease Rental
Revenue Bonds (South Bend Central Development Area Public
Improvement Project)" (the "Bonds ") pursuant to IC 36 -7- 14.5 -19 to
finance the Project and to pay the costs of issuance of the Bonds;
and
WHEREAS, the Authority awarded the Bonds on March 27,
1990; and
WHEREAS, the Commission on April 6, 1990 approved and
executed an Addendum to the Lease (the "Addendum ") and an Amended
and Restated Lease; and
WHEREAS, the Commission and the Authority each executed
and attested the Addendum on April 6, 1990; and
WHEREAS, certain changes and modifications are required
to Exhibit C of the Lease; and
WHEREAS, said changes and modifications do not alter the
character of the Project or reduce the value thereof; and
r �v,
WHEREAS, the Commission desires to approve and execute
a Second Addendum to the Lease (the "Second Addendum "), a copy of
which is attached hereto as Exhibit "A ", making the required
changes and modifications to Exhibit C of the Lease; and
NOW THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1. The President and Secretary of the Commission are
hereby authorized and directed to execute and attest, respectively,
the Second Addendum and a Second Amended and Restated Lease as
attached hereto as Exhibit "B ".
2. This resolution shall be in full force and effect
after its adoption with the Commission.
ADOPTED at a meeting of the South Bend Redevelopment
Commission held on May 17th, 1990, at the office of the Commission
1200 County -City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
AT T:
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Roman Piasecki, Secretary
rlhill \sthbnd \tif -90 \lura- app;cl;05 /10/90;
SOUTH BEND REDEVELOPMENT COMMISSION
By:
a Ni tz, President
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EXHIBIT "A"
SECOND ADDENDUM TO LEASE
SOUTH BEND REDEVELOPMENT AUTHORITY
TO
SOUTH BEND REDEVELOPMENT COMMISSION
(South Bend Central Development Area
Public Improvement Project)
THIS ADDENDUM, made and entered into this /5 "" day of
May, 1990, by and between the South Bend Redevelopment Authority,
a body corporate and politic organized and existing under Indiana
Code 36 -7 -14.5 (hereinafter with its successors and assigns
referred to as the "Authority "), and the South Bend Redevelopment
Commission, the governing body of the South Bend Department of
Redevelopment and the Redevelopment District of South Bend, Indiana
(hereinafter called the "Lessee "),
WITNESSETH:
In consideration of the mutual covenants herein contained
it is agreed that the Lease (South Bend Central Development Area
Public Improvement Project) previously entered into between said
parties as of November 1, 1989, and amended by the Addendum to
Lease executed April 6, 1990, shall be further amended as follows:
1. Exhibit C of the Lease shall be amended to read in
its entirety as follows:
See Exhibit "A" attached hereto.
2. The parties hereto acknowledge that all remaining
terms, covenants and conditions as set forth in the Lease between
the parties hereto and executed as of November 1, 1989, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Second Addendum to Lease to be executed for and on their behalf on
the day and year first hereinabove written.
SOUTH BEND REDEVELOP ENT AUTHORITY
By:
J sep4 Wroblewski, President
ATTEST:
George' McCullough, S4crA'Aary- Treasurer
T: mat.,
v
Roman Piasecki, Secretary
rlhill \sthbnd \tif- 90 \adleas2;cl;05 /10/90
SOUTH BEND REDEVELOPMENT COMMISSION
Y:
. Jay N tz, esiden
-2-
EXHIBIT "A"
PROJECT DESCRIPTIONS
The Project consists of the following:
(1) The construction of Niles Avenue Parking and Landscaping
Improvements (Phase IV) in the City of South Bend consisting of the
reconstruction and partial widening of a portion of Niles Avenue for
a total distance of approximately 1,300 linear feet and the
construction of new curbs, walks and traffic islands along with
on- street and off - street public parking areas, trees, lighting,
drainage, striping and appurtenant work, all of such construction and
related improvements to be made on the following described real
estate acquired or to be acquired by the Authority:
Starting at a point on the West right -of -way line of
Niles Avenue, one hundred thirty -two (132) feet South
of the South right -of -way line extended of Washington
Street continuing North along said West right -of -way
line to a point one hundred sixty -five (165) feet North
of the North right -of -way line of LaSalle Avenue,
thence East a distance of sixty six (66) feet to a
point along the East right -of -way line of Niles Avenue
one hundred sixty -five (165) feet North of the North
right -of -way line of LaSalle Avenue, thence South along
said East right -of -way line to a point one hundred
thirty two (132) feet South of the South right -of -way
line of Washington Street, thence West a distance of
sixty -six (66) feet back to the starting point.
and
The following as described as being in the West half of
the Northeast Quarter, Section Twelve (12), Township
Thirty -Seven (37) North, Range Two (2) East, in
Cottrell's Addition, City of South Bend, St. Joseph
County, Indiana:
Commencing at the northeast corner of Part
Lot 5; thence due south for 131.79 feet;
thence west for 60 feet; thence due north to
the south right -of -way line of Washington
Street vacated for 132.27 feet; thence east
for 70 feet back to the point of beginning.
(2) The construction of Madison Street Parking and Landscaping
Improvements consisting of the reconstruction and partial widening of
a portion of Madison Street for a total distance of approximately 335
linear feet and the construction of new curbs, gutters, parking
areas, walks, and the addition of trees, lighting, drainage, striping
and appurtenant work, such construction and related improvements to
be made on the following described real estate acquired or to be
acquired by the Authority:
Starting at a point along the North right -of -way line
of Madison Street, four hundred sixty -seven (467) feet
West of the point of intersection of said North
right -of -way line and the West right -of -way line of
Niles Avenue, thence East along said North right -of -way
line to said point of intersection; thence South along
said West right -of -way line a distance of eighty two
and one -half (82.5) feet to the point of intersection
with the South right -of -way line of Madison Street;
thence West along said South right -of -way line a
distance of four hundred sixty -two (462) feet to a
point; thence Northwesterly along a line a distance of
sixty two (62) feet, more or less back to the starting
point.
'' (3) The construction of Washington Street Parking and
fir► Landscaping Improvements consisting of the reconstruction and partial
widening of a portion of Washington Street for a total distance of
approximately 320 linear feet including rehabilitating and relaying
the existing brick roadway and the construction of new concrete
curbs, gutters, parking areas, walks, traffic islands and addition of
trees, lighting, drainage, striping and appurtenant work, such
construction and related improvements to be made on the following
described real estate acquired or to be acquired by the Authority:
Starting at the point along the North right -of -way of
Washington Street extended, 14 feet West of the
intersection of the East right -of -way line of Niles
Avenue and the North right -of -way line of Washington
Street, thence East along said North right -of -way line
a distance of 373 feet to a point 14 feet East of the
point of intersection with the West right -of -way line
of Hill Street, thence South parallel to said West
right -of -way line a distance of eighty two and one -half
(82.5) feet to the point of intersection with the South
right -of -way line of Washington Street extended, thence
West along said South right -of -way line to a point 14
feet West of the point of intersection with said East
right -of -way line of Niles Avenue; thence North
parallel to said East right -of -way line back to the
starting point.
(4) The construction and installation of the Riverbank Lighting
Project consisting of the installation and improvement of
approximately 36 light fixtures, poles and bases situated along a
public pathway of approximately 4,560 feet on the western river bank
of the St. Joseph River extending from the LaSalle Avenue Bridge to
approximately Monroe Street, including the installation of conduits,
wires, conductors, electric panels and kiosks necessary for the
completion of the project including trenching, necessary removal of
asphalt pavement, concrete, rubble, trees, brush and other
obstructions, tree trimming, fill work as required and construction
of a concrete path at Pier Park, required brick removal, such
construction, installation and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Commencing at the southwest corner of Lot 1 in Heck's
Addition, also situated in the west half (1/2) of the
northeast quarter (1/4) of Section Twelve (12),
Township 37 north, range 2 east; thence west along the
north side of Jefferson Boulevard for 290.00 feet to
the point of beginning; thence northwest for 111.26
feet, thence northwest for 129.18 feet, thence
northwest for 146.45 feet, thence northwest for 124.87
feet, thence southeast running along the west side of
the St. Joseph River for approximately 380.00 feet,
also being the north side of Jefferson Boulevard,
thence east for 145.00 feet back to the point of
beginning; and
Commencing at the southeast corner of Colfax (U.S. 20)
and St. Joseph Street, also being the northwest corner
of Tract 3 in the River Bend Addition and situated in
the east half (1/2) of the northwest quarter (1/4) of
section Twelve (12), Township 37 north, range 2 east;
thence southeast for 140.00 feet, thence southeast for
250.79 feet, thence due south along the radius for
117.8 feet, thence southeast for 122.42 feet, thence
southeast for 134.06 feet, thence northeast for 74.66
feet, thence northwest for 113.4 feet, thence west for
29.7 feet, thence northwest for 17.27 feet, thence
northeast for 27.47 feet, thence north for 45.54 feet,
thence northwest for 64.38 feet, thence northwest for
38.49 feet, thence southwest for 24.41 feet, thence
northwest for 178.5 feet, thence northeast for 10.75
feet, thence northwest for 34.2 feet, thence southwest
for 10.75 feet, thence northwest for 57.6 feet, thence
north for 83.94 feet, thence west for 95 feet back to
the point of beginning; and
Commencing at the northeast corner of Madison Street
and Lincolnway east, also being the southeast corner of
Tract 8 (Key #34 -83) in the River Bend Addition and
situated in the west half (1/2) of the southeast
quarter (1/4) of Section Twelve (12), Township 37
north, Range 2 east; thence 399.68 feet along the East
line of said tract to the point of beginning; thence S.
52 °07142" west, 190.00 feet, thence north 46 °02106"
west, 180.00 feet, thence north 65 °47118" west, 460
feet, thence north 38 °42121" west, 236.98 feet, thence
north 70 °06130" west, 50.00 feet, thence north
04 °39138" west, 40.00 feet, thence north 65 °42129"
east, 10.00 feet, thence north 25 °39111" west, 425.12
feet, thence north 25 °46129" west, 232.03 feet, thence
north 53 °10113" west, 108.76 feet, thence north 25°
55132" west, 90.64 feet, thence north 19 °47116" west,
156.66 feet, thence north 87 °40109" east, 94.06 feet,
thence south 28 °59150" east, 145.12 feet, thence south
23 °06110" east, 140.73 feet, thence south 26 °26127"
east, 149.84 feet thence south 20 °04137" east, 152.26
feet, thence south 22 °53119" east, 167.55 feet, thence
south 34 °56119" east, 224.42 feet, thence south
31 °26114" east, 157.37 feet, thence south 45 °43142"
east, 161.61 feet, thence south 64 °47126" east, 159.34
feet, thence south 68 °04155" east, 228.93 feet, thence
south 76 °10138" east, 234.62 feet back to the point of
beginning; and
Commencing at the northeast corner of Colfax (U.S. 20)
and St. Joseph Street, also being the southeast corner
of Lot 91 in the River Bend Addition and situated in
the west half (1/2) of the northwest quarter (1/4) of
Section Twelve (12), Township 37 north, Range 2 east;
thence northwest 228.43 feet along the east
right -of -way line of St. Joseph Street, thence north
87.18 feet along the east right -of -way line of St.
Joseph Street, thence southeast for 108.76 feet, thence
southeast for 430.00 feet along the St. Joseph River
back to the point of beginning.
(5) The construction of Morris Civic Plaza Improvements
consisting of the reconstruction of existing improvements and the
construction of new improvements including the partial demolition of
the existing plaza, relocation of existing sculpture, the
construction and installation of seating areas, irrigation system,
lighting, walkways, sculpture bases, planters, the rehabilitation of
existing fountain and brick work areas, landscaping, drainage and
appurtenant work, such construction and installation and related
improvements to be made to the following described real estate
acquired or to be acquired by the Authority:
A part of the Northwest Quarter of Section 12, Township
37 North, Range 2 East, City of South Bend, St. Joseph
County, Indiana, described more particularly as
follows:
Commencing at the Northeast corner of the Michigan
Street and Colfax Avenue right -of -ways; thence due
North a distance of 264 feet, thence Southwest along
the North -South curb on the East side of Michigan
Street to the North right -of -way line of Colfax Avenue,
a distance of 284 feet; thence due East a distance of
45 feet back to the point of beginning.
and
A part of the northwest quarter of Section 12, Township
37 North, Range 2 East, City of South Bend, St. Joseph
County, Indiana, described more particularly as
follows:
Beginning at the intersection of the East boundary of
North Michigan Street and the North boundary of East
Colfax Street; thence North 89 degrees 39 minutes 37
seconds East a distance of 244.07 feet; thence North 20
degrees 24 minutes 52 seconds West a distance of 53.52
feet; thence Northwesterly a distance of 153.59 feet
along an arc to the left and having a radius of 243.98
feet and subtended by a long chord having a bearing of
North 38 degrees 26 minutes 55 seconds West and a
length of 151.07 feet; thence North 56 degrees 28
minutes 59 seconds West a distance of 96.35 feet;
thence Northwesterly a distance of 56.94 feet along an
arc to the left and having a radius of 148.28 feet and
subtended by a long chord having a bearing of North 69
degrees 59 minutes 03 seconds West and a length of
56.59 feet; thence South 00 degrees 28 minutes 59
seconds East a distance of 242.50 feet to the place of
beginning. Said tract contains 39,958 square feet
(0.917 Acres), more or less.
(6) The construction of the Howard Park Wall Project consisting
CW of the removal and replacement of the existing wall bordering Howard
Park and the St. Joseph River for a distance of approximately 1,000
linear feet including the capping of the foundation of the existing
wall, the installation of riprap along the base of the wall and the
construction of a new four feet high wall and repair and /or
replacement of the walkway along the wall and appurtenant work, such
construction and related improvements to be made to the following
described real estate acquired or to be acquired by the Authority:
Commencing at the northwest corner of Lot 4 in Heck's
Addition, also situated in the west half (1/2) of the
northeast quarter (1/4) of Section Twelve (12),
Township 37 north, Range 2 east; thence southeast along
the east side of the St. Joseph River for approximately
1200 feet to the southeast corner of Lot 19, thence
north for 20 feet, thence northwest parallel to the
east side of the St. Joseph River for approximately
1200 feet, the north line of Lot 4, thence west for 20
feet back to the point of beginning.
(7) The construction of the Rink Riverside Walkway Project
consisting of the construction of an eight foot wide concrete and
timber walk and its incidental riverbank support system along the top
of the eastern bank of the St. Joseph River which will connect the
termination point of the existing portion of the Riverbank Trail to
the north with the Colfax Avenue sidewalk, a distance of
approximately 280 feet to the southeast including the construction of
a ground level sidewalk west and north to the southwest corner of the
Rink Riverside Building, a distance of approximately 230 linear feet
and the construction of a structural wood deck walkway from the
southwest corner of the Rink Riverside Building north to the existing
wooden deck of the LaSalle - Sycamore Walkway, a distance of
approximately 140 feet supported by a system of pilings and piers on
the Riverbank and appurtenant work along with the removal of a 100
foot high brick smokestack and such other required related
improvements and landscaping, such construction and related
improvements to be made to the following described real estate
acquired or to be acquired by the Authority:
That part of the Northwest quarter of Section 12,
Township 37 North, Range 2 East and that part of Lots
7, 8 and 9 in the Original Plat of the Town of Lowell,
now a part of the City of South Bend as recorded in the
records of St. Joseph County, Indiana, which is
described as:
Beginning at the point of intersection of the north
line of Colfax Avenue and the west line of Sycamore
Street; thence west (assumed bearing) along a line 10
feet north and parallel to the northerly line of Colfax
Avenue, a distance of 100 feet; thence northwesterly
along a line of 10 feet, more or less, easterly of the
easterly bank of the St. Joseph River, a distance of 89
feet; thence west along a projected line perpendicular
with the St. Joseph River, a distance of 5 feet; thence
northwesterly along a parallel line of 5 feet easterly
of the easterly bank of the St. Joseph River, a
distance of 40 feet, more or less; thence east along a
line perpendicular with the St. Joseph River, a
distance of 10 feet; thence northwesterly along a
parallel line 15 feet more or less easterly of the
easterly bank of the St. Joseph River, a distance of 11
feet, more or less; thence west 10 feet along a line
perpendicular to the St. Joseph River; thence
northwesterly to a point on the north lot line of Lot
7, a distance of 10 feet, more or less, east of the
easterly bank of the St. Joseph River; thence west
(assumed bearing) along said north lot line a distance
of 10 feet, more or less, to the easterly bank of the
St. Joseph River; thence southeasterly along said
easterly bank to the projected north line of Colfax
Avenue; thence east along said north line and its
projection back to the point of beginning.
(8) The construction of the Viewing Park Project consisting of
4L the continuation of the existing 8 foot walkway along the eastern
Riverbank to connect into the sidewalk along Sample Street for a
total linear distance of approximately 2700 feet and the improvement
and paving of the driveways and parking areas in Viewing Park,
incidential required lighing, landscaping and appurtenant work, all
of such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
The Southeast Quarter of Section Twelve (12), Township
Thirty -seven (37) North, Range two (2) East, City of
South Bend, St. Joseph County, Indiana.
Beginning at the Southeast corner of Lot 213 of Heck's
Addition and the easterly edge of the waters of the St.
Joseph River; thence meandering Southeasterly and South
along said Easterly water's edge to the point of
intersection with the North right -of -way line of Sample
Street projected; thence Northeast along said projected
North right -of -way line of Sample Street to the West
right -of -way line of Northside Boulevard; thence
Northwesterly and North along said West right -of -way
line of Northside Boulevard to the East lot line of Lot
213 of Heck's Addition; thence South along said East
lot line a distance of fifteen (15) feet, more or less,
back to the point of beginning. The total area of the
project site is approximately 6 acres.
(9) The construction of Central Business District Curbs and
Sidewalk Improvements consisting of replacement and reconstruction of
designated curbs and sidewalks in the City of South Bend as follows:
(a) The sidewalk section located in front of the City parking
lot on Lafayette Street containing 825 sq. ft. of area and a curb
section of 55 linear feet, such construction and related improvements
to be made on the following described real estate acquired or to be
acquired by the Authority:
City parking lot: Commencing at the southeast corner of
lot 393; thence south for 55 feet, thence east for 15
feet, thence north for 55 feet, thence west for 15 feet
back to the point of beginning.
(b) The sidewalk section located at 228 Lafayette Street
containing 600 sq. ft. of area and a curb section of 40 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
228 Lafayette: Commencing at the southwest corner of
Lot 244; thence west for 15 feet, thence north for 40
feet, thence east for 15 feet, thence south for 40 feet
back to the point of beginning.
(c) The sidewalk section located at 228 Lafayette Street
containing 795 sq. ft. of area and a curb section of 53 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
228 Lafayette: Commencing at the southwest corner of
Lot 244; thence north 65 feet to the point of
beginning; thence west for 15 feet; thence north for 53
feet, thence east for 15 feet, thence south for 53
feet, back to the point of beginning.
(d) The sidewalk section located at t]
Lafayette Street between the Valley American
Bath Building property containing 210 sq.
construction and related improvements to be
described real estate acquired or to be acquired
Ze City approach on
Bank property and the
ft. of area, such
made on the following
by the Authority:
City Approach: Commencing at the southwest corner of
Lot 244; thence south for 14 feet; thence west for 15
feet, thence north for 14 feet, thence east for 15 feet
back to the point of beginning.
(e) The sidewalk section located at 312 West Colfax Avenue
containing 1,235 sq. ft. of area and a curb section of 35 linear
feet, such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
312 West Colfax: Commencing at the northwest corner of
Lot 385; thence north for 19 feet, thence east for 65
feet, thence south for 19 feet, thence west for 65 feet
back to the point of beginning.
(f) The sidewalk section located at 135 North Lafayette Street
containing 1,900 sq. ft. of area and a curb section of 100 linear
feet, such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
135 N. Lafayette: Commencing at the northeast corner
of Lot 385; thence south for 19 feet, thence west for
100 feet, thence north for 19 feet, thence east for 100
feet back to the point of beginning.
(g) The sidewalk section located at the Colfax Theatre sidewalk
containing 532 sq. ft. of area and a curb section of 38 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Colfax Theater: Commencing at the southwest corner of
Lot 228; thence south for 14 feet, thence east for 38
feet, thence north for 14 feet, thence west for 38 feet
back to the point of beginning.
(h) The sidewalk section located at the Christman Building
starting on Colfax and continuing north on Main Street containing
4,986 sq. ft. of area and a curb section of 356 linear feet, such
construction and related improvements to be made on the following
described real estate acquired or to be acquired by the Authority:
Christman Building: Commencing at the southeast corner
of Lot 228; thence west for 144 feet, thence north for
14 feet, thence east for 129 feet, thence north for 198
feet, thence east for 15 feet, thence south for 212
feet back to the point of beginning.
10. The acquisition by purchase or condemnation of vacant
parcels of real estate in the City of South Bend needed for
redevelopment purposes, the location and legal descriptions of said
parcels being as follows:
(a) 417 East South Street Title Commitment No. 73863
LEGAL DESCRIPTION
A parcel of land in the East Half of the Southwest Quarter of
Section 12, Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, being a part of Lot
4 of Jodan's Subdivision, as recorded in Book 3, Page 12, at the
St. Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Commencing at the Northeast corner of Lot 1, also being the South
right -of -way line of an 11.00 foot alley and the West
right -of -way line of Fellows Street; thence South 00 °00100" West
(bearing assumed) 165.00 feet along said West right -of -way line;
thence South 89 °42143" West, 57.32 feet to the Point of
Beginning; thence South 00 °00100" West, 55.09 feet, to the North
right -of -way line of South Street; thence South 89 °42143" West,
39.84 feet along said North right -of -way line; thence North
00 °00103" East, 55.09 feet; thence North 89 °42140" East, 39.84
feet to the Point of Beginning.
(b) 509 South Rush Street Title Commitment No. 73882
LEGAL DESCRIPTION
A lot or parcel of land 63 feet in length, North and South, taken
off of and from the entire width of the South end of Lot Numbered
Seventeen (17) as shown on the recorded Plat of John H. Rush's
First Addition to the City of South Bend, in St. Joseph County,
Indiana.
(c) 520 South Fellows Street Title Commitment No. 73876
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -Seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, also being part of Lot Numbered Two (2)
of John Rush's 1st Addition as recorded in Book 2, Page 53 at the
St. Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Commencing at an iron on the Northwest corner of Lot Numbered Two
(2), also being the intersection of the South right -of -way line
of Monroe Street and the East right -of -way line of Fellows
Street; thence South 00 °00100" West (bearing assumed), 38.00 feet
along said East right -of -way line to the Point of Beginning;
thence North 89 °41140" East, 55.00 feet; thence South 00 °00100"
West, 29.00 feet; thence South 89 °41140" West, 55.00 feet to the
East right -of -way line of Fellows Street; thence North 00 °00100"
East, 29.00 feet along said East right -of -way line to the Point
of Beginning.
(d) 522 South Fellows Street Title Commitment No. 73875
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section 12, Township 37 North, Range 2 East, City of
South Bend, Portage Township, St. Joseph County, Indiana, also
being the middle 33.00 feet of Lot Two (2) of John Rush's 1st
Addition as recorded in Book 2, Page 53 of the St. Joseph County
Recorder's office in South Bend, Indiana, and described as
follows:
Commencing at the Northwest corner of Lot 2, also being the
intersection of the South right -of -way line of Monroe Street and
the East right -of -way line of Fellows Street; thence South
00 °00'00" West (bearing assumed), 67.00 feet along said East
right -of -way line to the Point of Beginning; thence North
89 °41140" East, 55.00 feet; thence South 00 °00'00" West, 33.00
feet; thence South 89 °41140" West, 55.00 feet to the East
right -of -way line of Fellows Street; thence North 00 °00100" East,
33.00 feet along said East right -of -way line to the Point of
Beginning.
(e) Vacant Lot East of
310 East South Street Title Commitment No. 73866
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter (1/4) of Section Twelve
(12), Township Thirty -seven (37) North, Range Two (2) East, City
of South Bend, Portage Township, St. Joseph County, Indiana,
being platted as part of Lot Numbered Twenty -three (23) of
Denniston & Fellows Addition as recorded in Book 2, Page 48, at
the St. Joseph County Recorder's office in South Bend, Indiana
and described as follows:
Beginning at an iron at the intersection of the East right -of -way
line of Carroll Street and the South right -of -way line of South
Street; thence South 89 °39147" East (bearing assumed), 141.50
feet along said South right -of -way line to the Point of
Beginning; thence continuing South 89 °39147" East, 50.00 feet
along said South right -of -way line; thence South 00 °00100" East,
115.50 feet to the North right -of -way line of a 14.00 foot alley;
thence North 89 °39147" West, 50.00 feet along said North
right -of -way line; thence North 00 °00100" West, 115.50 feet to
the South right -of -way line of South Street and the Point of
Beginning.
(f) 516 South Rush Street Title Commitment No. 73879
LEGAL DESCRIPTION
Part of Lots Numbered Eleven (11) and Twelve (12) as shown on the
recorded Plat of John Rush's First Addition to the City of South
Bend, described as follows: Beginning at a point 106 feet North
of the Southwest corner of said Lot 11; thence running North on
the West line of said Lot 11 a distance of 30 -1/2 feet, thence
East to the East line of said Lot 12; thence South on the East
line of said Lot 12, 30 -1/2 feet; thence West 110 feet to the
place of beginning.
(g) 630 Lincolnway East
Title Commitment No. 73894
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section 12, Township 37 North, Range 2 East, City of
South Bend, Portage Township, St. Joseph County, Indiana, being
part of Lot Twenty -one (21) of John Rush's 1st Addition, as
recorded in Book 2, Page 53, at the St. Joseph County Recorder's
office in South Bend, Indiana, as described as follows:
Commencing at the Northwest corner of Lot 11, also being the East
right -of -way line of Rush Street and the South right -of -way line
of a 12.50 foot alley; thence North 89 °41140" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
South 00 °01154" East, 94.53 feet; thence North 89 °41140" East,
73.79 feet to the Point of Beginning; thence continuing North
89 °41140" East, 80.09 feet to the Southwesterly right -of -way line
of Lincolnway; thence South 37 °21140" East, 40.66 feet along said
southwesterly right -of -way line; thence South 89 °41140" West,
92.75 feet; thence South 00 °01154" East, 39.03 feet to the North
right -of -way line of South Street; thence South 89 °41140" West,
12.00 feet along said North right -of -way line' thence North
00 °01154" West, 71.47 feet to the Point of Beginning.
(h) 618 South Columbia Street Title Commitment No. 73870
LEGAL DESCRIPTION
Lot Numbered Nine (9) as shown on the recorded Plat of Birdsell
Manufacturing Company's Subdivision of Denniston and Fellows
Addition to the Town, now the City of of South Bend.
(i) The sidewalk section located at the :
on Main Street starting at the southeast corner
5,490 sq. ft. of area and a curb section of
construction and related improvements to be
described real estate acquired or to be acquired
South Bend Parking Lot
of Lot 225 containing
378 linear feet, such
made on the following
by the Authority:
Park & Lock Parking Lot: Commencing at the southeast
corner of Lot 225; thence north for 198 feet, thence
west for 165 feet, thence north for 14 feet, thence
east for 180 feet, thence south for 212 feet, thence
west for 15 feet back to the point of beginning.
(j) The sidewalk section located at the City approach commencing
at the northeast corner of Lot 226 on Main Street containing 210 sq.
ft. of area, such construction and related improvements to be made on
the following described real estate acquired or to be acquired by the
Authority:
City Approach: Commencing at the northeast corner of
Lot 226; thence north for 14 feet, thence east for 15
feet, thence south for 14 feet, thence west for 15 feet
back to the point of beginning.
(k) The sidewalk section located at 113 East Washington Street
containing 675 sq. ft. of area and a curb section of 45 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Business Systems -113 E. Washington: Commencing at the
southwest corner of Lot 18; thence west for 5 feet,
thence south for 15 feet, thence east for 45 feet,
thence north for 15 feet, thence west for 40 feet back
to the point of beginning.
(1) The sidewalk section located at 101 North Michigan Street
containing 1,170 sq. ft. of area and a curb section of 78 linear
feet, such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Fanny Mae's - 101 N. Michigan: Commencing at the
southeast corner of Lot 18, thence west for 78 feet,
thence south for 15 feet, thence east for 78 feet,
thence north for 15 feet back to the point of
beginning.
(m) The sidewalk section located at 125 West Colfax Avenue
containing 272 sq. ft. of area and a curb section of 16 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Summit Bank - 125 W. Colfax: Commencing at the
southwest corner of Lot 7; thence west for 17 feet,
thence south for 16 feet, thence east for 17 feet,
thence north for 16 feet back to the point of
beginning.
(n) The sidewalk section located at the southeast corner of
Lafayette Street and Jefferson Boulevard containing 2,920 sq. ft. of
area and a curb section of 198 linear feet, such construction and
related improvements to be made on the following described real
estate acquired or to be acquired by the Authority:
Trigon Building - Corner of Lafayette and Jefferson:
Commencing at the Northwest corner of Lot 270; thence
East for 82.5 feet, thence North for 15 feet, thence
West for 99.5 feet, thence South for 99 feet, thence
east for 17 feet; thence north for 84 feet back to the
point of beginning.
11. The acquisition by purchase or condemnation of parcels of
real estate and improvements thereon in the City of South Bend needed
for redevelopment purposes, the payment of expenses that the
Redevelopment Commission is required or permitted to pay under
IC 8 -13 -18.5 and the clearance of said parcels of real estate, the
locations and legal descriptions of said parcels being as follows:
(b) 528 South Fellows Street Title Commitment No. 73872
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1 /4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, also being a part of Lot 5 of John Rush's
1st Addition as recorded in Book 2, Page 53 at the St. Joseph
County Recorder's office in South Bend, Indiana, and described as
follows:
Beginning at an iron on the Northwest corner of Lot 5, also being
the intersection of the East right -of -way line of Fellows Street
and the south right -of -way line of a 12.50 foot alley; thence
North 89 °41140" East (bearing assumed), 55.00 feet along said
South right -of -way line; thence South 00 °00100" East, 30.86 feet;
thence South 89 °41140" West, 55.00 feet to the East right -of -way
line of Fellows Street; thence North 00 °00100" East, 30.86 feet
along said East right -of -way line to the Point of Beginning.
(c) 505 South Rush Street Title Commitment No. 73880
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being a part of Lot Numbered Seventeen
(17) of John Rush's First Addition as recorded in Book 2, Page
53, at the St. Joseph County Recorder's office, in South Bend,
Indiana, and described as follows:
Commencing at the Northwest corner of Lot Numbered Fifteen (15),
also being the East right -of -way line of a 14.00 foot alley and
the South right -of -way line of Monroe Street; thence North
CW 89 °38143" East (bearing assumed), 110.00 feet along said South
right -of -way line; thence South 00 °01128" East, 69.30 feet to the
Point of Beginning; thence North 89 °38143" East, 54.95 feet to
the West right -of -way line of Rush Street; thence South 00 °01154"
East, 34.00 feet along said West right -of -way line; thence South
89 °38143" West, 54.95 feet; thence North 00 001128" West, 34.00
feet to the Point of Beginning.
(d) 524 East Monroe Street Title Commitment No. 73880
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being a part of Lot Numbered Seventeen
(17) of John Rush's First Addition, as recorded in Book 2, Page
53, at the St. Joseph County Recorder's office in South Bend,
Indiana, and described as follows:
Commencing at the Northwest corner of Lot Numbered Fifteen (15),
also being the East right -of -way line of a 14.00 foot alley, and
the South right -of -way line of Monroe Street; thence North
CO 89 °38143" East (bearing assumed), 110.00 feet along said South
right -of -way line to the Point of Beginning; thence continuing
North 89 °38143" East, 54.94 feet to the West right -of -way line of
Rush Street; thence South 00 °01154" East, 69.30 feet along said
West right -of -way line; thence South 89 °38143" West, 54.95 feet;
thence North 00 °01128" West, 69.30 feet to the South right -of -way
line of Monroe Street and the Point of Beginning.
(a) 530 South Fellows Street Title Commitment No. 73871
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, also being a part of Lot Numbered Five
(5) of John Rush's 1st Addition as recorded in Book 2, Page 53 at
the St. Joseph County Recorder's office in South Bend, Indiana,
and described as follows:
Commencing at an iron on the Northwest corner of Lot Numbered
Five (5), also being the South right -of -way line of a 12.50 foot
alley and the East right -of -way line of Fellows Street; thence
rw South 00 °00100" West, 30.86 feet along said East right -of -way
line to the Point of Beginning; thence North 89 °41140" East,
55.00 feet; thence South 00 °00100" West, 45.64 feet (45.50 feet
by deed); thence South 89 041140" West, 55.00 feet to the East
right -of -way line of Fellows Street; thence North 00 °00100" East
45.64 feet along said East right -of -way line to the Point of
Beginning.
(e) 520 East Monroe Street Title Commitment No. 73880
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being Lot Numbered Sixteen (16) of John
Rush's First Addition, as recorded in Book 2, Page 53, at the St.
Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Commencing at the Northwest corner of Lot 15, also being the East
Ci right -of -way line of a 14.00 foot alley, and the South
right -of -way line of Monroe Street; thence North 89 °38143" East
(bearing assumed), 55.00 feet along said South right -of -way line
to the Point of Beginning; thence continuing North 89 °38143"
East, 55.00 feet along said South right -of -way line; thence South
00 °01128" East, 166.26 feet to the North right -of -way line of a
12.50 foot alley; thence South 89 °41140" West, 55.00 feet along
said North right -of -way line; thence North 00 °01128" West, 166.20
feet to the South right -of -way line of Monroe Street and the
Point of Beginning.
(f) 514 East Monroe Street Title Commitment No. 73880
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, also being Lot Numbered Fifteen (15) of
John Rush's 1st Addition, as recorded in Book 2, Page 53, at the
St. Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Commencing at the Northwest corner of Lot Numbered Fifteen (15),
also being the East right -of -way line of a 14.00 foot alley and
the South right -of -way line of Monroe Street; thence North
89 °38143" East (bearing assumed), 55.00 feet along said South
right -of -way line; thence South 00 °01128" East, 166.20 feet to
the North right -of -way line of a 12.50 foot alley; thence South
89 °41140" West, 55.00 feet along said North right -of -way line to
the East right -of -way line of a 14.00 foot alley; thence North
00 001128" West, 166.15 feet along said East right -of -way line to
the South right -of -way line of Monroe Street, also being the
Point of Beginning.
(g) 512 East Monroe Street Title Commitment No. 73878
Title Commitment No. 73873
Title Commitment No. 73874
LEGAL DESCRIPTION
A parcel of land in the West Half
Section 12, Township 37 North, Range
Portage Township, St. Joseph County,
Rush's 1st Addition as recorded in
Joseph County Recorder's office in
described as follows:
of the
2 East,
Indiana,
Book 2,
South
Southeast Quarter of
City of South Bend,
being Lot 3 of John
Page 53, at the St.
Bend, Indiana, and
Commencing at the Northwest corner of Lot 2, also being the
intersection of the East right -of -way line of Fellows Street and
the South right -of -way line of Monroe Street; thence North
89 °38143" East (bearing assumed), 55.00 feet along said South
right -of -way line to the Point of Beginning; thence continuing
North 89 °38143" East, 55.00 feet along said South right -of -way
line; thence South 00 °00100" East, 166.09 feet to the North
right -of -way line of a 12.50 foot alley; thence South 89 041140"
West, 55.00 feet along said North right -of -way line; thence North
00 000100" West, 166.05 feet to the South right -of -way line of
Monroe Street and the Point of Beginning.
ALSO
A parcel of land in the West Half
Section 12, Township 37 North, Range
Portage Township, St. Joseph County,
Rush's 1st Addition, as recorded in
Joseph County Recorder's Office in
described as follows:
of the Southeast Quarter of
2 East, City of South Bend,
Indiana, being Lot 4 of John
Book 2, Page 53, at the St.
South Bend, Indiana, and
Commencing at the Northwest corner of Lot 2, also being the
intersection of the East right -of -way line of Fellows Street and
the South right -of -way line of Monroe Street; thence North
89 038143" East (bearing assumed), 110.00 feet along said
(g) 512 E. Monroe Street Title Commitment No. 73878
Continued Title Commitment No. 73873
Title Commitment No. 73874
right -of -way line to the Point of Beginning; thence continuing
North 89 °38143" East, 54.93 feet along said South right -of -way
line to the West right -of -way line of a 14.00 foot alley; thence
South 00 °01128" East, 166.14 feet along said West right -of -way
line to the North right -of -way line of a 12.50 foot alley; thence
South 89 041140" West, 55.00 feet along said North right -of -way
line; thence North 00 °00100" East, 166.09 feet to the South
right -of -way line of Monroe Street and the Point of Beginning.
ALSO
A parcel of land in the West Half of the Southeast Quarter of
Section Twelve (12), Township Thirty -seven (37) North, Range Two
(2) East, City of South Bend, Portage Township, St. Joseph
County, Indiana, also being the South 33.00 feet of Lot Numbered
Two (2) of John Rush's 1st Addition, as recorded in Book 2, Page
53, in the Office of the Recorder of St. Joseph County, Indiana,
and described as follows:
Commencing at the Northwest corner of Lot 2, also being the
intersection of the South right -of -way line of Monroe Street and
the East right -of -way line of Fellows Street; thence South
00 °00100" West (bearing assumed), 133.00 feet along the said East
right -of -way line to the point of beginning; thence North
89 °41140" East, 55.00 feet; thence South 00 °00100" East, 33.00
feet to the North right -of -way line of a 12.50 foot alley; thence
South 89 °41140" West, 55.00 feet along said North right -of -way
line to the East right -of -way line of Fellows Street; thence
North 00 °00100" East, 33.00 feet along said East right -of -way
line to the point of beginning.
ALSO
A parcel of land. in the West Half
Section 12, Township 37 North, Range
Portage Township, St. Joseph County,
Lot 2 of John Rush's 1st Addition as
at the St. Joseph County Recorder
Indiana, and described as follows:
of the Southeast Quarter of
2 East, City of South Bend,
Indiana, also being part of
recorded in Book 2, Page 53
's Office in South Bend,
(g) 512 E. Monroe Street
Continued
Title Commitment No. 73878
Title Commitment No. 73873
Title Commitment No. 73874
Commencing at the Northwest corner of Lot 2, also being the
intersection of the South right -of -way line of Monroe Street and
the East right -of -way line of Fellows Street; thence South
00 °00100" West (bearing assumed), 100.00 feet along said East
right -of -way line to the Point of Beginning; thence North
89 °41140" East, 55.00 feet; thence South 00 °00100" West, 33.00
feet; thence South 89 °41140" West, 55.00 feet to the East
right -of -way line of Fellows Street; thence North 00 °00100" East,
33.00 feet along said East right -of -way line to the Point of
Beginning.
(h) 502 East Monroe Street Title Commitment No. 73877
LEGAL DESCRIPTION
A parcel of land in the West H
(1/4) of Section Twelve (12),
Range Two (2) East, City of
Joseph County, Indiana, being
John Rush's First Addition as
St. Joseph County Recorder's
described as follows:
alf (1 /2) of the Southeast Quarter
Township Thirty -seven (37) North,
South Bend, Portage Township, St.
part of Lot Numbered Two (2) of
recorded in Book 2, Page 53 at the
office in South Bend, Indiana, and
Beginning at the Northwest corner of Lot Numbered Two (2), also
being the East right -of -way line of Fellows Street and the South
right -of -way line of Monroe Street; thence North 89 °38143" East
(bearing assumed), 55.00 feet along said South right -of -way line;
thence South 00 °00100" West, 38.04 feet; thence South 89 041140"
West, 55.00 feet to the East right -of -way line of Fellows Street;
thence North 00 000'00" East, 38.00 feet along said East
right -of -way line to the Point of Beginning.
(i) 413 -415 East South Street Title Commitment No. 73862
LEGAL DESCRIPTION
A parcel of land in the East Half (1/2) of the Southwest Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being the West 35.00 feet of Lot Numbered
Four (4) of Jodon's Subdivision, as recorded in Book 3, Page 12,
at the St. Joseph County Recorder's office in South Bend,
Indiana, and described as follows:
Commencing at the Northeast corner of Lot Numbered One (1) in
Jodon's Subdivision, also being the South right -of -way line of an
11.00 foot alley and the West right -of -way line of Fellows
Street; thence South 00 °00100" West (bearing assumed), 165.00
feet along said West right -of -way line; thence South 89 °42143"
West, 97.16 feet to the Point of Beginning; thence South
00 °00100" West, 55.09 feet to the North right -of -way line of
South Street; thence South 89 °42143" West, 34.84 feet along said
North right -of -way line to the East right -of -way line of an 11.00
foot alley; thence North 00 °00103" East, 55.09 feet along said
East right -of -way line; thence North 89 °42140" East, 34.84 feet
to the Point of Beginning.
(12) The acquisition by purchase or condemnation of parcels of
real estate and improvements thereon in the City of South Bend needed
for redevelopment purposes and the rehabilitation of the parcels of
real estate and improvements, the locations and legal descriptions of
said parcels being as follows:
(a) 618 Lincolnway East
Title Commitment No. 73886
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section 12, Township 37 North, Range 2 East, City of
South Bend, Portage Township, St. Joseph County, Indiana, being
part of Lots Ninteen (19) and Twenty (20) of John Rush's 1st
Addition, as recorded in Book 2, Page 53, at the St. Joseph
County Recorder's office in South Bend, Indiana, and described as
follows:
Commencing at the Southwest corner of Lot 18, also being the East
right -of -way line of Rush Street, and the North right -of -way line
of a 12.50 foot alley; thence North 89 °41140" East 100.00 feet
along said North right -of -way line to the Point of Beginning;
thence North 00 °01154" West, 40.00 feet; thence North 89 °41140"
East, 110.11 feet to the West right -of -way line of Lincolnway;
thence South 37 °21140" East, 50.12 feet to the North right -of -way
line of a 12.50 foot alley; thence South 89 °41140" West, 140.50
feet along said North right -of -way line to the Point of
Beginning.
(b) 626 Lincolnway East Title Commitment No. 73891
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section 12, Township 37 North, Range 2 East, City of
South Bend, Portage Township, St. Joseph County, Indiana, being
part of Lots 14 and 21 of John Rush's 1st Addition, as recorded
in Book 2, Page 53, at the St. Joseph County Recorder's office in
South Bend, Indiana, and described as follows:
Commencing at the Northwest corner of Lot 11, also being the
East right -of -way line of Rush Street and the South right -of -way
line of a 12.50 foot alley; thence North 89 °41140" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
South 00 001154" East, 54.53 feet to the Point of Beginning;
thence North 89 041140" East, 86.28 feet; thence North 71 °41140"
East, 31.43 feet to the Southwesterly right -of -way line of
Lincolnway; thence South 37 °21140" East, 62.30 feet along said
Southwesterly right -of -way line; thence South 89 °41140" West,
153.89 feet to the West line of Lot 14 of said John Rush's First
Addition; thence North 00 °01154" West, 40.00 feet to the Point of
Beginning.
(c) 701 East South Street Title Commitment No. 73893
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being part of Lots Numbered Fourteen (14)
and Twenty -one (21) of John Rush's 1st Addition, as recorded in
Book 2, Page 53, at the St. Joseph County Recorder's office in
South Bend, Indiana, and described as follows:
Commencing at the Northwest corner of Lot 11, also being the East
right -of -way line of Rush Street and the South right -of -way line
of a 12.50 foot alley; thence North 89 °41140" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
South 00 °01154" East, 94.53 feet; thence North 89 °41140" East,
35.00 feet to the Point of Beginning; thence continuing North
89 °41140" East, 38.79 feet; thence South 00 °01154" East, 71.74
feet to the North right -of -way line of South Street; thence South
89 °41140" West, 38.79 feet along said North right -of -way line;
thence North 00 °01154" West, 71.47 feet to the Point of
Beginning.
(d) 613 East South Street Title Commitment No. 73892
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being part of Lot Numbered Fourteen (14)
of John Rush's 1st Addition, as recorded in Book 2, Page 53, at
the St. Joseph County Recorder's office in South Bend, Indiana,
and described as follows:
Commencing at the Northwest corner of Lot 11, also being the East
right -of -way line of Rush Street and the South right -of -way line
of a 12.50 foot alley; thence North 89 °41140" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
�✓ South 00 °01154" East, 94.53 feet to the Point of Beginning;
thence North 89 °41140" East, 35.00 feet; thence South 00 °01154"
East, 71.47 feet to the North right -of -way line of South Street;
thence South 89 °41140" West, 35.00 feet along said North
right -of -way line; thence North 00 °01154" West, 71.47 feet to the
Point of Beginning.
(e) 611 East South Street Title Commitment No. 73889
LEGAL DESCRIPTION
Lot Numbered Thirteen (13) as shown on the recorded Plat of John
Rush's First Addition to the City of South Bend, in St. Joseph
County, Indiana.
(f) 512 South Rush Street Title Commitment No. 73885
LEGAL DESCRIPTION
A part of Lots Numbered Eighteen (18) and Nineteen (19) as shown
on the recorded Plat of John Rush's First Addition to the City of
South Bend, bounded by a line running as follows, viz: Beginning
at the Southwest corner of Lot Numbered Eighteen (18); thence
running East One Hundred (100) feet; thence North Forty (40)
feet; thence West One Hundred (100) feet to the West line of said
Lot Numbered Eighteen (18); thence South Forty (40) feet to the
place of beginning.
(g) 514 South Rush Street Title Commitment No. 73887
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being part of Lots Numbered Eleven (11)
and Twelve (12) of John Rush's 1st Addition, as recorded in Book
2, Page 53, at the St. Joseph County Recorder's office in South
Bend, Indiana, and described as follows:
Commencing at the Northwest corner of Lot 11, also being the
intersection of the East right -of -way line of Rush Street and the
South right -of -way line of a 12.50 foot alley; thence North
89 °40141" East (bearing assumed), 110.00 feet along said South
right -of -way line; thence South 00 °01154" East, 29.50 feet;
thence South 89 °40141" West, 110.00 feet to the East right -of -way
line of Rush Street; thence North 00 °01154" West, 29.50 feet
along said East right -of -way line to the Point of Beginning.
(h) 620 South Columbia Street Title Commitment No. 73869
LEGAL DESCRIPTION
Lot Numbered Eight (8) as shown on the recorded Plat of
Birdsell's Manufacturing Company's Subdivision of Out Lots
Twenty -four (24) and Twenty -five (25) of Denniston and Fellows
Addition to the City of South Bend, EXCEPTING THEREFROM a strip
Seven (7) feet in width off of the entire South end of said lot.
(i) 602 South Caroll Street Title Commitment No. 73864
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter (1/4) of Section 12,
Township 37 North, Range 2 East, City of South Bend, Portage
Township, St. Joseph County, Indiana, being platted as a part of
Lot Numbered Twenty Three (23) in Denniston & Fellows Addition as
recorded in Book 2, Page 48, at the St. Joseph County Recorder's
office in South Bend, Indiana, and described as follows:
Beginning at an iron at the intersection of the East right -of -way
line of Carroll Street and the South right -of -way line of South
Street; thence South 89 °39147" East (bearing assumed), 100.00
feet along said South right -of -way line of South Street; thence
South 00 °00100" East, 53.50 feet; thence North 89 °39147" West,
100.00 feet to the East right -of -way line of Carroll Street;
thence 00 °00107" West, 53.50 feet along said East right -of -way
line of Carroll Street to the Point of Beginning.
(j) 609 South Columbia Street Title Commitment No. 73868
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter (1/4) of Section 12,
Township 37 North, Range 2 East, City of South Bend, Portage
Township, St. Joseph County, Indiana, being platted as a part of
Lot Numbered Twenty -three (23) of Denniston & Fellows Addition as
recorded in Book 2, Page 48, at the St. Joseph County Recorder's
office in South Bend, Indiana, and described as follows:
Commencing at an iron at the intersection of the South
right -of -way line of South Street and the West right -of -way line
of Columbia Street; thence South 00 °00100" West (bearing
assumed), 57.75 feet along said West right -of -way line to the
Point of Beginning; thence continuing South 00 °00100" West, 57.75
feet along said West right -of -way line to the North right -of -way
line of a 14.00 foot alley; thence North 89 °39147" West, 45.25
feet along said North right -of -way line; thence North 00 °00100"
East, 57.75 feet; thence South 89 °39147" East, 45.25 feet to the
West right -of -way line of Columbia Street and the Point of
Beginning.
(k) 320 East South Street Title Commitment No. 73867
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter (1/4) of Section Twelve
(12), Township Thirty -seven (37) North, Range 2 East, City of
South Bend, Portage Township, St. Joseph County, Indiana, being
platted as a part of Lot Numbered Twenty -three (23) as shown on
the recorded Plat of Denniston & Fellows Addition as recorded in
Book 2, Page 48, at the St. Joseph County Recorder's office in
South Bend, Indiana, and described as follows:
Beginning at an iron at the intersection of the South
right -of -way line of South Street and the West right -of -way line
of Columbia Street; thence South 00 °00100" West (bearing
assumed), 57.75 feet along said West right -of -way line; thence
North 89 °39147" West, 45.25 feet; thence North 00 °00100" East,
57.75 feet to the South right -of -way line of South Street; thence
South 89 °39147" East, 45.25 feet along said South Street
right -of -way line to the Point of Beginning.
(1) 310 E. South Street Title Commitment No. 73865
LEGAL DESCRIPTION
A lot or parcel of land in the West Half (1/2) of Lot Numbered
Twenty -three (23) as shown on the recorded Plat of Denniston and
Fellows Addition to the Town, now City of South Bend, which
parcel is bounded by a line running as follows, viz: Beginning
on the South line of East South Street in said City at a point
100 feet East of the Northwest corner of said Lot Numbered 23;
thence running East 411 feet to the Northwest corner of a Lot now
or formerly owned by John and Susan E. Hartmen; thence South 115;
feet to an alley 14 feet in width; thence West 41= feet to a
point due South of the beginning point; thence North 115; feet to
the place of beginning.
N.
(m) 620 -622 Lincolnway East Title Commitment No. 73890
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being part of Lots Numbered Fourteen (14)
and Twenty -one (21) of John Rush's 1st Addition, as recorded in
Plat Book 2, Page 53, at the St. Joseph County Recorder's office
in South Bend, Indiana, and described as follows:
Commencing at the Northwest corner of Lot 11, also being the
intersection of the East right -of -way line of Rush Street and the
South right -of -way of a 12.50 foot alley; thence North 89 °41140"
East (bearing assumed), 165.00 feet along said South right -of -way
line to the Point of Beginning; thence continuing North 89 °41140"
East, 82.06 feet along said South right -of -way line to the
Southwest right -of -way line of Lincoln Way; thence South
37 °21140" East, 56.16 feet along said Southwest right -of -way
line; thence South 71 °41140" West, 31.43 feet; thence South
89 041140" West, 86.28 feet; thence North 00 001154" West, 54.53
feet to the South right -of -way line of a 12.50 foot alley and the
Point of Beginning.
I
EXHIBIT "B"
SECOND
AMENDED AND RESTATED LEASE
Between
SOUTH BEND
REDEVELOPMENT AUTHORITY
and
SOUTH BEND REDEVELOPMENT COMMISSION
DATED AS OF NOVEMBER 1, 1989
(SOUTH BEND CENTRAL DEVELOPMENT AREA
PUBLIC IMPROVEMENT PROJECT)
INDEX
t
Section
1.
Definitions
Section
2.
Lease of Project
Section
3.
Rental Payments
Section
4.
Rental Payment Dates
Section
5.
Abatement of Rent
Section
6.
Net Lease
Section
7.
Nonliability of Authority
Section
B.
Alterations
Section
9.
Insurance
Section
lo.
Use of Insurance and
Condemnation Proceeds
Section
11.
Liability Insurance
Section
12.
General Insurance Provisions
Section
13.
General Covenants
Section
14.
option to Purchase
Section
15.
Defaults
Section
16.
Notices
Section
17.
Construction of Covenants
Section
18.
Successors or Assigns
Exhibit
A
Permitted Encumbrances
Exhibit
B
Project Engineers
Exhibit
C
Project Descriptions
Exhibit
D
Lease Payment Schedule
1
2
3
3
4
5
5
5
5
6
6
6
7
7
8
8
8
8
LEASE
This Lease entered into as of the 1st day of November, 1989
between SOUTH BEND REDEVELOPMENT AUTHORITY, a body corporate and
politic organized and existing under Indiana Code 36 -7 -14.5 (the
"Authority) and SOUTH BEND REDEVELOPMENT COMMISSION, the governing
body of the South Bend Department of Redevelopment and the
Redevelopment District of South Bend, Indiana (the "Lessee "), acting
for and on behalf of the City of South Bend, Indiana.
WITNESSETH:
Section 1. Definitions. The terms defined in this Section
1 shall for all purposes of this Lease have the meanings herein
specified unless the context otherwise requires.
"Act" means Indiana Code 36 -7 -14.5, as the same from time to
time may be amended or supplemented.
"Authority" means the South Bend Redevelopment Authority, a
body corporate and politic organized and existing under the Act, or
if said Authority shall be abolished, the authority, board, body,
instrumentality or agency succeeding to the principal functions
thereof.
"Bonds" means South Bend Redevelopment Authority Lease Rental
Revenue Bonds (South Bend Central Development Area Public Improvement
Project) .
"Lease" means this Lease as the same may be amended, modified
or supplemented by any amendments or modifications hereof or
supplements hereto entered into in accordance with the provisions
hereof.
"Lessee" means the South Bend Redevelopment Commission, the
governing body of the South Bend Department of Redevelopment and the
Redevelopment District of South Bend, Indiana, or if said Commission
shall be abolished, the commission, board, body or agency succeeding
to the principal functions thereof.
"Lease Resolution" means the resolution of the Commission
passed on February 16, 1990, establishing funds for the payment of
lease rentals.
"Permitted Encumbrances" means those items listed in Exhibit b)
C
hereto and any future (a) liens for taxes not then delinquent,
this Lease and the Trust Agreement, leases, subleases and other
agreements permitted pursuant to Section 13 hereof, (c) utility,
-1-
te
twenty -two (22) years, beginning on the date the Project to is
such omplete
and ready for use, and ending on the day prior
twenty -two (22) years thereafter. However, the term of this Lease
shall terminate at the earlier of (a) the exercise of the option to
purchase by Lessee and payment of the option price, or (b) the
payment or defeasance of all obligations of Lessor to refund (i) to
finance the cost of the leased property, (ii)
obligations, (iii) to refund such refunding obligations, or (iv) to
improve the leased property. The date the Project is complete and
ready for use shall be endorsed on this Lease at the end hereof by
the parties hereto as soon as the same can be done after such
completion and such endorsement shall be recorded as an addendum to
this Lease. The Authority hereby represents that it is possessed of,
or will acquire, a good and indefeasible estate in fee simple or an
insurable right -of -way easement subject only to Permitted
Encumbrances, to the above- described real estate, and the Authority
warrants and will defend the same against all claims whatsoever not
suffered or caused by the acts or omissions of the Lessee.
Section 3. Rental Payments. (a) During the term of this
Lease, the Lessee agrees to pay rental for said premises as set forth
in Section 4 hereof. Such rental shall be paid from the South Bend
Central Development Area Public Improvement Project Principal and
Interest Account of the Redevelopment District Bond Fund. All
rentals payable under the terms of this Lease shall be paid to the
Trustee or to such other bank or trust company as may from time to
time succeed the Trustee under the Trust Agreement. All payments so
made shall be considered as payments to the Authority of the rentals
payable hereunder. The Lessee shall receive credit for any Bond
maturing within seven (7) days of the date of the lease rental
payment, at the face value thereof, which the Lessee acquires and
delivers to the Trustee as a part of its lease rental payment;
as
additional rental the Lessee agrees to pay all fees, charges and
reimbursement of expenses of the Trustee under the Trust Agreement
and all prudent charges and expenses of the Authority incurred in the
performance of its obligations hereunder.
Section 4. Rental Payment Dates and Amounts. The first.
semiannual rental installment in the amount of One Hundred Nineteen
Thousand Five Hundred Dollars ($119,500) shall be due on the day that
the Project is completed and ready for use, or January 31, 1993,
whichever is later. If completion is later than January 31, 1993,
the first installment shall be in an amount which provides for rental
at the rate specified in Exhibit B for the semiannual period in which
the Project is completed and ready for use, prorated from the date of
completion until the first July 31 or January 31 following such date
of completion. Thereafter such rentals shall be payable in advance
in semiannual installments on July 31 and January 31 of each year as
provided for in the attached lease payment schedule at Exhibit D.
The last seminannual rental payment due before the expiration
-3-
access and other easements and rights -of -way, restrictions and
exceptions that Lessee certifies will not interfere with or impair
the Project, (d) any mechanics', laborers', materialmen's, suppliers'
or vendors' lien or right in respect thereof if payment is not yet
due and payable and (e) such minor defects, irregularities,
encumbrances, easements, rights -of -way and clouds on title as do not,
in the opinion of the Trustee, materially impair the Authority's
intex6st in or Lessee's use of the Project.
"Project" means the real estate (including all right -of -way
easements contained therein) in South Bend, Indiana, and improvements
to be made thereon by the Authority or its agent according to plans
and specifications prepared by the project engineers (a list of which
is described in Exhibit B hereto), all as described in Exhibit C
hereto. The above mentioned plans and specifications and the Project
may be changed and additional construction work may be performed and
improvements may be purchased by the Authority, but only with the
approval of the Lessee (which approval shall not be withheld by the
Lessee in the event of the inability of the Authority to quire
timely and at a reasonable price all of those real property interests
constituting part of the Project which must be obtained by eminent
domain), and only if such changes or modifications or additional
construction work or improvements do not alter the character of the
Project or reduce the value thereof. Any such additional
construction work or additional improvements shall be part of the
property covered by this Lease. The above - mentioned plans and
specifications have been filed with and approved by the Lessee.
"Redevelopment District Bond Fund" means the Redevelopment
District Bond Fund of Lessee authorized by Indiana Code 36- 7 -14 -27
and the Lease Resolution.
"South Bend Central Development Area Public Improvement
Project Principal and Interest Account" means the account by that
name created in the Redevelopment District Bond Fund by the Lease
Resolution.
"Trust Agreement" means the Trust Agreement dated as of
November 1, 1989, between the Authority and the Trustee, securing the
Bonds.
"Trustee" means First Interstate Bank of Northern Indiana,
N.A., 112 West Jefferson Boulevard, South Bend, Indiana, as Trustee
pursuant to the Trust Agreement, and any successor trustee.
Any term not defined herein, which is defined in the Lease
Resolution or in the Trust Agreement, shall have the meaning as
defined in such resolution or agreement.
Section 2. Lease of Project. In consideration of the
rentals and other terms and conditions herein specified the Authority
does hereby lease, demise and let to the Lesse theProject:
easementsHAVE and
AND TO HOLD the same with all rights, p r g e
appurtenances thereunto belonging, unto the Lessee for a term of
-2-
of this Lease shall be adjusted to provide for rental at the rate
specified in Exhibit D for the applicable semiannual period prorated
from the date such installment is due to the date of the expiration
of this Lease (without taking into account any subsequent early
termination of this Lease pursuant to Section 2 hereof).
The Lessee will not take any action or fail to take any action
that would result in the loss of the exclusion from gross income for
federal tax purposes of interest on the Bonds pursuant to Section
103(a) of the Internal Revenue Code of 1986, as amended (the "Code "),
as in effect on the date of delivery of the Bonds, nor will the
Lessee act in any manner which would adversely affect such
exclusion. The Lessee further covenants that it will not make any
investment or do any other act or thing during the period that any
Bond is outstanding hereunder which would cause any Bond to be an
"arbitrage bond" within the meaning of Section 148 of the Code and
the regulations thereunder as in effect on the date of delivery of
the Bonds. All officers, members, employees and agents of the Lessee
are authorized and directed to provide certifications of facts and
estimates that are material to the reasonable expectations of the
Lessee as of the date the Bonds are issued and to enter into
covenants on behalf of the Lessee evidencing the Lessee's commitments
made herein.
Section 5. Abatement of Rent. In the event that all or a
portion of the Project shall be damaged or destroyed so as to render
the damaged or destroyed portion of the Project unfit for its
intended use, it shall then be the obligation of the Authority to
restore and reconstruct the damaged or destroyed portion of the
Project as promptly as may be done, unavoidable strikes and other
causes beyond the control of the Authority excepted, if, in the
opinion of an independent registered architect, registered engineer,
construction manager or contractor selected by the Lessee and
acceptable to the Trustee, (i) the cost of such restoration or
reconstruction does not exceed the amount of the proceeds received by
the Authority from the insurance provided for in Section 9 hereof
plus other moneys available therefor and (ii) such restoration or
reconstruction can be completed within the period of time covered by
the rental value insurance provided for in Section 9 hereof. If
either or both conditions shall not exist, the proceeds received from
the insurance provided for in Section 9 hereof shall be applied to
the option to purchase price provided for in period Section 14 hereof. The which the
rental shall be abated pro rata for the p g
damaged or destroyed portion of the Project is unfit for its intended
use.
Section 6. Net Lease. It is expressly understood an
agreed that this Lease shall be what is known as a net lease (i_e.,
the rent being absolutely net to the Authority and that all other
expenses in connection with the Project of any nature whatsoever
shall be those of the Lessee) and that during the lease term the
:=C
Lessee shall be obligated to pay as its expenses without
reimbursement from the Authority all costs of taxes and assessments,
if any, and maintenance, operation and use in connection with or
relating to the Project, including but not limited to all costs and
expenses of all services, repair or replacement of all parts of the
Project or improvements of the Project.
Section 7. NonliabilitY of Authority. The Authority shall
not be liable for damage caused by hidden defects or failure to keep
the Project in repair and shall not be liable for any damage done or
occasioned by or from plumbing, gas, water, or other pipes or the
bursting or leaking of plumbing or heating fixtures in connection
with said premises, nor for damage occasioned by water, snow or ice.
The Authority shall not be liable for any injury to the Lessee or any
sublessee of the Lessee or any other person which injury occurs on,
in or about the Project howsoever arising. The Authority shall not
be liable for damage to the Lessee's property or to the property of
any sublessee of the Lessee or of any other person which may be
located in, upon or about the Project.
Section 8. Alterations. Lessee shall have the right,
without the consent of the Authority, to make all alterations,
modifications and additions and to do all improvements it deems
necessary or desirable to the Project, which do not reduce the rental
value of the Project.
Section 9. Insurance. The Lessee, at its own expense, will,
during the full term of the Lease, keep the Project insured against
physical loss or damage, however caused, with such exceptions as are
ordinarily required by insurers of properties of a similar type, in
good and responsible insurance companies acceptable to the
Authority. Such insurance shall be in an amount at least equal to
the greater of (i) the option to purchase price or (ii) one hundred
percent (100 %) of the full replacement cost of such Project as
certified by a registered architect, a registered engineer, or
professional appraisal engineer, selected by the Authority with the
approval of the Trustee, on the effective date of this Lease and
or before the first day of April of each year thereafter; p
that such certification shall not be required so long as the amount
of such insurance shall be in an amount at least equal to the option
to purchase price. Such appraisal may be based upon a recognized
index of conversion factors. In no event shall the insurance be in
an amount which causes the Lessee to be a co- insurer for the
Project. Such insurance may contain a provision for a deductible in
an amount not exceeding $25,000. Lessee agrees to pay the deductible
amount of any loss to the Authority. A blanket public institutional
property insurance form may be used if:
AW (a) the insurance on the Project is not less than the amount
required by this Section,
-5-
(b) the Lessee subordinates its claim for damage or
destruction to other buildings or improvements to claims
for damage or destruction of the Project, and
(c) the insurance proceeds related to damage to or
destruction of the Project are payable to the Trustee.
During the full term of this Lease, the Lessee will also, at its own
expense, maintain rental or rental value insurance in an amount at
least equal to the full rental specified in Section 4 for a period of
two (2) years against physical loss or damage of the type insured
against pursuant to the preceding requirements of this Section. Such
policies shall be for the benefit of and shall be made payable to the
Trustee.
Section 10. Use of Insurance and Condemnation Proceeds.
Proceeds of insurance against damage to or destruction of the Project
or proceeds of any condemnation of the Project shall be paid to and
held by the Trustee and used to pay for reconstruction or replacement
of the Project in accordance with plans approved by the Authority and
the Lessee, unless the Lessee elects to exercise its option to
purchase.
Section
11. Liability Insurance. The Lessee shall,
in effect,
at all
public
times during
liability and
the full term of
property damage
this Lease, keep
insurance, insuring the Lessee, the
Authority and
the Trustee in amounts customarily carried for
the
similar
properties.
Such insurance
may be provided under
public
liability self
insurance program
of the City of South Bend.
Section 12. General Insurance Provisions. All insurance
policies required by Sections 9 and 11, other than insurance provided
under the public liability self insurance program of the City of
South Bend, shall be with insurance companies rated B+ or better by
A.M. Best Company (or a comparable rating service if A.M. Best
company ceases to exist or rate insurance companies), and • shall be
countersigned by an agent of the insurer who is a resident of the
State of Indiana, and such policies, or copies thereof, and the
certificate of the architect or engineer referred to in Section 9
shall be deposited with the Authority and the Trustee. If, at any
time, the Lessee fails to maintain insurance in accordance with
Sections 9 and 11, such insurance may be obtained by the Authority,
or may be obtained by the Trustee, and the amount paid for such
insurance shall be added to the amount of rental payable by the
Lessee under this Lease; provided, however, that neither the
Authority nor the Trustee shall be under any obligation to obtain
such insurance, and any action or non - action of the Authority or
Trustee in this regard shall not relieve the Lessee of any
consequences of a default in failing to obtain such insurance.
cm
Section 13. General Covenants. The Lessee shall not assign
this Lease or sublet any part of the Project herein described without
the prior written consent of the Authority; provided, however, that
the Lessee shall in no event assign this Lease or sublet any part of
the Project if such assignment or sublease will result in the loss of
the exclusion from gross income for federal tax purposes of interest
on any obligation issued by the Authority to finance the Project.
The Lessee covenants that, except for Permitted Encum ante ,t it will
not encumber the Project, or permit any encumbrance
and that it shall use and maintain the Project in accordance with the
laws and ordinances of the United States of fierica, authorities. State The
Indiana, and all other proper governmental
Authority agrees that it will, at the request of the Lessee, execute
and deliver to or upon the order of the Lessee such instrument or
instruments as may be reasonably required by the Lessee in order to
subject the Project, or the Authority's interest therein, to such
encumbrances as shall be specified in such request and as shall be
permitted by the provisions of this Section 13 or otherwise by the
definition of "Permitted Encumbrances".
Section 14. option to Purchase. Authority hereby grants
Lessee the right and option, on any rental payment date, upon thirty
days' written notice to the Authority, to purchase the Project at a
price equal to the amount required to enable the Authority to provide
for the redemption of all outstanding Bonds, all premiums payable on
the redemption thereof, and accrued and unpaid interest, and to pay
the cost of redeeming the Bonds and liquidating the Authority if it
is to be liquidated.
Upon request of the Lessee, the Authority agrees to furnish an by
itemized statement setting forth the amounts required to be paid
he
the Lessee on the next rental payment date in order to purchase
Project in accordance with the preceding paragraph.
If the Lessee exercises its option to purchase, the Lessee
shall pay to the Trustee that portion of the purchase price. which is
required to provide for the payment of all the Bonds, including all.
premiums payable on the redemption thereof, accrued and unpaid
interest thereon and the costs of redemption thereof. Such payment
shall not be made until the Trustee gives to the Lessee a written
statement. al at will on the redemption thereof and accrued
including p remiums payable
and unpaid interest.
The remainder of such purchase price, if any, shall be paid by
the Lessee to the Authority. Nothing herein contained shall be
construed to provide that the Lessee shall be under any obligation to
purchase the Project, or under any obligation in respect to any
creditors or bondholders of the Authority.
-7-
If the Lessee has not exercised its option to purchase the
Project at the expiration of the term of the Lease and upon the full
discharge and performance by the Lessee of its obligations under this
Lease, the Authority shall execute a deed of the Project to the
Lessee conveying all of its interest thereto, subject only to
Permitted Encumbrances.
Section 15. Defaults. If the Lessee shall (a) default in the
payment of any rentals or other sums payable to the Authority
hereunder, or in the payment of any other sum herein required to be
paid for the Authority, (b) fail to comply with the terms set forth
in the Lease Resolution, or (c) default in the observance of any
other covenant, agreement or condition hereof, and such default under
(c) shall continue for ninety (90) days after written notice to
correct the same, then, in any of such events, the Authority may
proceed to protect and enforce its rights, either at law or in
equity, by suit, action, mandamus or other proceedings, whether for
specific performance enforcement of of n any covenant
other appropriate legal contained
for the e or equitable
remedy.
Section 16. Notices. Whenever either party shall be required
to give notice to the other under this Lease, it shall be sufficient
service of such notice to deposit the same in the United States mail,
in an envelope duly stamped, registered and addressed to the other
party at its last known place of business. A copy of any notice
shall be mailed by first -class mail to the Trustee at its last known
place of business.
Section 17. Construction of Covenants.
All provisions
contained herein shall be construed in accordance with the provisions
of the Act and to the extent of inconsistencies, if any, between the
covenants and agreements in this Lease and the provisions of the Act,
the provisions of said Act shall be deemed to be controlling and
binding upon the parties.
Section 18. Successors or-Assigns. r e Lessee, shall be binding upon
All covenants of this
Lease, whether by the Authority
the successors and assigns of the respective parties hereto.
cm
IN cut dE for WHEREOF
on ,their parties
b half as hereto
the have
to be exe day and year first
hereinabove written.
ATTEST:
T: \ I
Roman Piasecki, Secretary
3 -29 -90
SOUTH BEND REDEVELOPM1�NT�AUTHORITY
By:
ose Wroblewski, President
reasurer
SOUTH BEND REDEVELOPMENT COMMISSION
B y. F. Jay Nim z, Presi ent
STATE OF INDIANA )
IL SS:
COUNTY OF ST. JOSEPH )
i
Before me,
the undersigned,
a Notary
Public in and for said
McCullough,
State, personally
appeared Joseph
Wroblewski
and George
personally known
by me to be the
President
and Secretary- Treasurer,
Authority, and
respectively, of
the South Bend Redevelopment
for and on behalf
acknowledged the
execution of the
foregoing
Lease
of said Authority.
WITNESS my hand and Notarial Seal this 6th day of April
1990.
(SEAL)
My commission expires:
January 7, 1991
I am a resident of
St Toceph County, Indiana.
-10-
( Written Signature
(Printed Signature)
(Written Signature)
(Printed Signature
STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said
State, personally appeared F. Ja Nimtz and Roman Piasecki,
personally known by me to be ythe President and Secretary,
respectively, of the South Bend Redevelopment Commission, and
acknowledged the execution of the foregoing Lease for and on behalf
of said Commission.
WITNESS my hand and Notarial Seal this f,rh day of April
1990.
'(Writte Signature)
Cheryl K. Phipps
(Printed Signature)
(Written Signature)
(Printed Signature)
(SEAL)
My commission expires:
January 7, 1991
I am a resident of
St. Joseph County, Indiana.
This instrument was prepared by Richard L. Hill, Parker & Jaicomo, 205 -
West Jefferson Boulevard, South Bend, Indiana 46601.
-11-
EXHIBIT "A"
PERMITTED ENCUMBRANCES
"All encumbrances identified in the Title Commitment originally
issued by Lawyers Title Insurance Corporation on March 6, 1990,
Commitment No. 58972, in favor of the South Bend Redevelopment
Commission, as amended and in effect from time to time during the
term of the Lease."
EXHIBIT B
I LIST OF PROJECT ENGINEERS
Niles Avenue
$ Ken Herceg & Associates, Inc.
South Bend, Indiana
i
Madison Street
Ken Herceg & Associates, Inc.
j South Bend, Indiana
Washington Street
Ken Herceg & Associates, Inc.
t South Bend, Indiana
West Bank Lighting
! Lawson- Fisher Associates
South Bend, Indiana
CBD Curbs and Sidewalks
City Engineering Department
a
Rink Riverside walkway
Lawson - Fisher Associates
South Bend, Indiana
Howard Park Wall
Cole associates Inc.
South Bend, Indiana
Viewing Park
Cole Associates Inc.
South Bend, Indiana
Morris Civic Park
SiteScapes
South Bend, Indiana
c»I
EXHIBIT "C"
PROJECT DESCRIPTIONS
The Project consists of the following:
(1) The construction of Niles Avenue Parking and Landscaping
Improvements (Phase IV) in the City of South Bend consisting of the
reconstruction and partial widening of a portion of Niles Avenue for
a total distance of approximately 1,300 linear feet and the
construction of new curbs, walks and traffic islands along with
on- street and off - street public parking areas, trees, lighting,
drainage, striping and appurtenant work, all of such construction and
related improvements to be made on the following described real
estate acquired or to be acquired by the Authority:
Starting at a point on the West right -of -way line of
Niles Avenue, one hundred thirty -two (132) feet South
of the South right -of -way line extended of Washington
Street continuing North along said West right -of -way
line to a point one hundred sixty -five (165) feet North
of the North right -of -way line of LaSalle Avenue,
thence East a distance of sixty six (66) feet to a
point along the East right -of -way line of Niles Avenue
one hundred sixty -five (165) feet North of the North
right -of -way line of LaSalle Avenue, thence South along
said East right -of -way line to a point one hundred
thirty two (132) feet South of the South right -of -way
line of Washington Street, thence West a distance of
sixty -six (66) feet back to the starting point.
and
The following as described as being in the West half of
the Northeast Quarter, Section Twelve (12), Township
Thirty -Seven (37) North, Range Two (2) East, in
Cottrell's Addition, City of South Bend, St. Joseph
County, Indiana:
Commencing at the northeast corner of Part
Lot 5; thence due south for 131.79 feet;
thence west for 60 feet; thence due north to
the south right -of -way line of Washington
Street vacated for 132.27 feet; thence east
for 70 feet back to the point of beginning.
(2) The construction of Madison Street Parking and Landscaping
Improvements consisting of the reconstruction and partial widening of
a portion of Madison Street for a total distance of approximately 335
linear feet and the construction of new curbs, gutters, parking
areas, walks, and the addition of trees, lighting, drainage, striping
and appurtenant work, such construction and related improvements to
be made on the following described real estate acquired or to be
acquired by the Authority:
Starting at a point along the North right -of -way line
of Madison Street, four hundred sixty -seven (467) feet
West of the point of intersection of said North
right -of -way line and the West right -of -way line of
Niles Avenue, thence East along said North right -of -way
line to said point of intersection; thence South along
said West right -of -way line a distance of eighty two
and one -half (82.5) feet to the point of intersection
with the South right -of -way line of Madison Street;
thence West along said South right -of -way line a
distance of four hundred sixty -two (462) feet to a
point; thence Northwesterly along a line a distance of
sixty two (62) feet, more or less back to the starting
point.
(3) The construction of Washington Street Parking and
Landscaping Improvements consisting of the reconstruction and partial
widening of a portion of Washington Street for a total distance of
approximately 320 linear feet including rehabilitating and relaying
the existing brick roadway and the construction of new concrete
curbs, gutters, parking areas, walks, traffic islands and addition of
trees, lighting, drainage, striping and appurtenant work, such
construction and related improvements to be made on the following
described real estate acquired or to be acquired by the Authority:
Starting at the point along the North right -of -way of
Washington Street extended, 14 feet West of the
intersection of the East right -of -way line of Niles
Avenue and the North right -of -way line of Washington
Street, thence East along said North right -of -way line
a distance of 373 feet to a point 14 feet East of the
point of intersection with the West right -of -way line
of Hill Street, thence South parallel to said West
right -of -way line a distance of eighty two and one -half
(82.5) feet to the point of intersection with the South
right -of -way line of Washington Street extended, thence
West along said South right -of -way line to a point 14
feet West of the point of intersection with said East
right -of -way line of Niles Avenue; thence North
parallel to said East right -of -way line back to the
starting point.
(4) The construction and installation of the Riverbank Lighting
Project consisting of the installation and improvement of
approximately 36 light fixtures, poles and bases situated along a
public pathway of approximately 4,560 feet on the western river bank
of the St. Joseph River extending from the LaSalle Avenue Bridge to
approximately Monroe Street, including the installation of conduits,
wires, conductors, electric panels and kiosks necessary for the
completion of the project including trenching, necessary removal of
asphalt pavement, concrete, rubble, trees, brush and other
obstructions, tree trimming, fill work as required and construction
of a concrete path at Pier Park, required brick removal, such
construction, installation and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Commencing at the southwest corner of Lot 1 in Heck's
Addition, also situated in the west half (1/2) of the
northeast quarter (1/4) of Section Twelve (12),
Township 37 north, range 2 east; thence west along the
north side of Jefferson Boulevard for 290.00 feet to
the point of beginning; thence northwest for 111.26
feet, thence northwest for 129.18 feet, thence
northwest for 146.45 feet, thence northwest for 124.87
feet, thence southeast running along the west side of
the St. Joseph River for approximately 380.00 feet,
also being the north side of Jefferson Boulevard,
thence east for 145.00 feet back to the point of
beginning; and
Commencing at the southeast corner of Colfax (U.S. 20)
and St. Joseph Street, also being the northwest corner
of Tract 3 in the River Bend Addition and situated in
the east half (1/2) of the northwest quarter (1/4) of
section Twelve (12), Township 37 north, range 2 east;
thence southeast for 140.00 feet, thence southeast for
250.79 feet, thence due south along the radius for
117.8 feet, thence southeast for 122.42 feet, thence
southeast for 134.06 feet, thence northeast for 74.66
feet, thence northwest for 113.4 feet, thence west for
29.7 feet, thence northwest for 17.27 feet, thence
northeast for 27.47 feet, thence north for 45.54 feet,
thence northwest for 64.38 feet, thence northwest for
38.49 feet, thence southwest for 24.41 feet, thence
northwest for 178.5 feet, thence northeast for 10.75
feet, thence northwest for 34.2 feet, thence southwest
for 10.75 feet, thence northwest for 57.6 feet, thence
north for 83.94 feet, thence west for 95 feet back to
the point of beginning; and
Commencing at the northeast corner of Madison Street
and Lincolnway east, also being the southeast corner of
Tract 8 (Key #34 -83) in the River Bend Addition and
situated in the west half (1/2) of the southeast
quarter (1 /4) of Section Twelve (12), Township 37
north, Range 2 east; thence 399.68 feet along the East
line of said tract to the point of beginning; thence S.
52 °07142" west, 190.00 feet, thence north 46 °02106"
west, 180.00 feet, thence north 65 °47118" west, 460
feet, thence north 38 °42121" west, 236.98 feet, thence
north 70 °06130" west, 50.00 feet, thence north
04 °39138" west, 40.00 feet, thence north 65 042129"
east, 10.00 feet, thence north 25 °39111" west, 425.12
feet, thence north 25 °46129" west, 232.03 feet, thence
north 53 °10113" west, 108.76 feet, thence north 25°
55132" west, 90.64 feet, thence north 19 047116" west,
156.66 feet, thence north 87 040109" east, 94.06 feet,
thence south 28 °59150" east, 145.12 feet, thence south
23 °06110" east, 140.73 feet, thence south 26 026127"
east, 149.84 feet thence south 20 °04137" east, 152.26
feet, thence south 22 °53119" east, 167.55 feet, thence
south 34 °56119" east, 224.42 feet, thence south
31 °26114" east, 157.37 feet, thence south 45 °43142"
east, 161.61 feet, thence south 64 047126" east, 159.34
feet, thence south 68 °04155" east, 228.93 feet, thence
south 76 °10138" east, 234.62 feet back to the point of
beginning; and
Commencing at the northeast corner of Colfax (U.S. 20)
and St. Joseph Street, also being the southeast corner
of Lot 91 in the River Bend Addition and situated in
the west half (1/2) of the northwest quarter (1/4) of
Section Twelve (12), Township 37 north, Range 2 east;
thence northwest 228.43 feet along the east
right -of -way line of St. Joseph Street, thence north
87.18 feet along the east right -of -way line of St.
Joseph Street, thence southeast for 108.76 feet, thence
southeast for 430.00 feet along the St. Joseph River
back to the point of beginning.
(5) The construction of Morris Civic Plaza Improvements
consisting of the reconstruction of existing improvements and the
construction of new improvements including the partial demolition of
the existing plaza, relocation of existing sculpture, the
construction and installation of seating areas, irrigation system,
lighting, walkways, sculpture bases, planters, the rehabilitation of
existing fountain and brick work areas, landscaping, drainage and
appurtenant work, such construction and installation and related
improvements to be made to the following described real estate
acquired or to be acquired by the Authority:
A part of the Northwest Quarter of Section 12, Township
37 North, Range 2 East, City of South Bend, St. Joseph
County, Indiana, described more particularly as
follows:
Commencing at the Northeast corner of the Michigan
Street and Colfax Avenue right -of -ways; thence due
North a distance of 264 feet, thence Southwest along
the North -South curb on the East side of Michigan
Street to the North right -of -way line of Colfax Avenue,
a distance of 284 feet; thence due East a distance of
45 feet back to the point of beginning.
and
A part of the northwest quarter of Section 12, Township
37 North, Range 2 East, City of South Bend, St. Joseph
County, Indiana, described more particularly as
follows:
Beginning at the intersection of the East boundary of
North Michigan Street and the North boundary of East
Colfax Street; thence North 89 degrees 39 minutes 37
seconds East a distance of 244.07 feet; thence North 20
degrees 24 minutes 52 seconds West a distance of 53.52
feet; thence Northwesterly a distance of 153.59 feet
along an arc to the left and having a radius of 243.98
feet and subtended by a long chord having a bearing of
North 38 degrees 26 minutes 55 seconds West and a
length of 151.07 feet; thence North 56 degrees 28
minutes 59 seconds West a distance of 96.35 feet;
thence Northwesterly a distance of 56.94 feet along an
arc to the left and having a radius of 148.28 feet and
subtended by a long chord having a bearing of North 69
degrees 59 minutes 03 seconds West and a length of
56.59 feet; thence South 00 degrees 28 minutes 59
seconds East a distance of 242.50 feet to the place of
beginning. Said tract contains 39,958 square feet
(0.917 Acres), more or less.
(6) The construction of the Howard Park Wall Project consisting
of the removal and replacement of the existing wall bordering Howard
Park and the St. Joseph River for a distance of approximately 1,000
linear feet including the capping of the foundation of the existing
wall, the installation of riprap along the base of the wall and the
construction of a new four feet high wall and repair and /or
replacement of the walkway along the wall and appurtenant work, such
construction and related improvements to be made to the following
described real estate acquired or to be acquired by the Authority:
Commencing at the northwest corner of Lot 4 in Heck's
Addition, also situated in the west half (1/2) of the
northeast quarter (1/4) of Section Twelve (12),
Township 37 north, Range 2 east; thence southeast along
the east side of the St. Joseph River for approximately
1200 feet to the southeast corner of Lot 19, thence
north for 20 feet, thence northwest parallel to the
east side of the St. Joseph River for approximately
1200 feet, the north line of Lot 4, thence west for 20
feet back to the point of beginning.
(7) The construction of the Rink Riverside Walkway Project
consisting of the construction of an eight foot wide concrete and
timber walk and its incidental riverbank support system along the top
of the eastern bank of the St. Joseph River which will connect the
termination point of the existing portion of the Riverbank Trail to
the north with the Colfax Avenue sidewalk, a distance of
approximately 280 feet to the southeast including the construction of
a ground level sidewalk west and north to the southwest corner of the
Rink Riverside Building, a distance of approximately 230 linear feet
and the construction of a structural wood deck walkway from the
southwest corner of the Rink Riverside Building north to the existing
wooden deck of the LaSalle- Sycamore Walkway, a distance of
approximately 140 feet supported by a system of pilings and piers on
the Riverbank and appurtenant work along with the removal of a 100
foot high brick smokestack and such other required related
improvements and landscaping, such construction and related
improvements to be made to the following described real estate
acquired or to be acquired by the Authority:
That part of the Northwest quarter of Section 12,
Township 37 North, Range 2 East and that part of Lots
7, 8 and 9 in the Original Plat of the Town of Lowell,
now a part of the City of South Bend as recorded in the
records of St. Joseph County, Indiana, which is
described as:
Beginning at the point of intersection of the north
line of Colfax Avenue and the west line of Sycamore
Street; thence west (assumed bearing) along a line 10
feet north and parallel to the northerly line of Colfax
Avenue, a distance of 100 feet; thence northwesterly
along a line of 10 feet, more or less, easterly of the
easterly bank of the St. Joseph River, a distance of 89
feet; thence west along a projected line perpendicular
with the St. Joseph River, a distance of 5 feet; thence
northwesterly along a parallel line of 5 feet easterly
of the easterly bank of the St. Joseph River, a
distance of 40 feet, more or less; thence east along a
line perpendicular with the St. Joseph River, a
distance of 10 feet; thence northwesterly along a
parallel line 15 feet more or less easterly of the
easterly bank of the St. Joseph River, a distance of 11
feet, more or less; thence west 10 feet along a line
perpendicular to the St. Joseph River; thence
northwesterly to a point on the north lot line of Lot
71 a distance of 10 feet, more or less, east of the
easterly bank of the St. Joseph River; thence west
(assumed bearing) along said north lot line a distance
of 10 feet, more or less, to the easterly bank of the
St. Joseph River; thence southeasterly along said
easterly bank to the projected north line of Colfax
Avenue; thence east along said north line and its
projection back to the point of beginning.
(8) The construction of the Viewing Park Project consisting of
rw the continuation of the existing 8 foot walkway along the eastern
Riverbank to connect into the sidewalk along Sample Street for a
total linear distance of approximately 2700 feet and the improvement
and paving of the driveways and parking areas in Viewing Park,
incidential required lighing, landscaping and appurtenant work, all
of such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
The Southeast Quarter of Section Twelve (12), Township
Thirty -seven (37) North, Range two (2) East, City of
South Bend, St. Joseph County, Indiana.
Beginning at the Southeast corner of Lot 213 of Heck's
Addition and the easterly edge of the waters of the St.
Joseph River; thence meandering Southeasterly and South
along said Easterly water's edge to the point of
intersection with the North right -of -way line of Sample
Street projected; thence Northeast along said projected
North right -of -way line of Sample Street to the West
right -of -way line of Northside Boulevard; thence
Northwesterly and North along said West right -of -way
line of Northside Boulevard to the East lot line of Lot
213 of Heck's Addition; thence South along said East
lot line a distance of fifteen (15) feet, more or less,
back to the point of beginning. The total area of the
project site is approximately 6 acres.
(9) The construction of Central Business District Curbs and
Sidewalk Improvements consisting of replacement and reconstruction of
designated curbs and sidewalks in the City of South Bend as follows:
(a) The sidewalk section located in front of the City parking
lot on Lafayette Street containing 825 sq. ft. of area and a curb
section of 55 linear feet, such construction and related improvements
to be made on the following described real estate acquired or to be
acquired by the Authority:
City parking lot: Commencing at the southeast corner of
lot 393; thence south for 55 feet, thence east for 15
feet, thence north for 55 feet, thence west for 15 feet
back to the point of beginning.
(b) The sidewalk section located at 228 Lafayette Street
containing 600 sq. ft. of area and a curb section of 40 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
228 Lafayette: Commencing at the southwest corner of
Lot 244; thence west for 15 feet, thence north for 40
feet, thence east for 15 feet, thence south for 40 feet
back to the point of beginning.
(c) The sidewalk section located at 228 Lafayette Street
containing 795 sq. ft. of area and a curb section of 53 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
228 Lafayette: Commencing at the southwest corner of
Lot 244; thence north 65 feet to the point of
beginning; thence west for 15 feet; thence north for 53
feet, thence east for 15 feet, thence south for 53
feet, back to the point of beginning.
(d) The sidewalk section located at t
Lafayette Street between the Valley American
Bath Building property containing 210 sq.
construction and related improvements to be
described real estate acquired or to be acquired
he City approach on
Bank property and the
ft. of area, such
made on the following
by the Authority:
City Approach: Commencing at the southwest corner of
Lot 244; thence south for 14 feet; thence west for 15
feet, thence north for 14 feet, thence east for 15 feet
back to the point of beginning.
rw (e) The sidewalk section located at 312 West Colfax Avenue
containing 1,235 sq. ft. of area and a curb section of 35 linear
feet, such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
312 West Colfax: Commencing at the northwest corner of
Lot 385; thence north for 19 feet, thence east for 65
feet, thence south for 19 feet, thence west for 65 feet
back to the point of beginning.
(f) The sidewalk section located at 135 North Lafayette Street
containing 1,900 sq. ft. of area and a curb section of 100 linear
feet, such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
135 N. Lafayette: Commencing at the northeast corner
of Lot 385; thence south for 19 feet, thence west for
100 feet, thence north for 19 feet, thence east for 100
feet back to the point of beginning.
(g) The sidewalk section located at the Colfax Theatre sidewalk
containing 532 sq. ft. of area and a curb section of 38 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Colfax Theater: Commencing at the southwest corner of
Lot 228; thence south for 14 feet, thence east for 38
feet, thence north for 14 feet, thence west for 38 feet
back to the point of beginning.
(h) The sidewalk section located at the Christman Building
starting on Colfax and continuing north on Main Street containing
4,986 sq. ft. of area and a curb section of 356 linear feet, such
construction and related improvements to be made on the following
described real estate acquired or to be acquired by the Authority:
Christman Building: Commencing at the southeast corner
of Lot 228; thence west for 144 feet, thence north for
14 feet, thence east for 129 feet, thence north for 198
feet, thence east for 15 feet, thence south for 212
feet back to the point of beginning.
10. The acquisition by purchase or condemnation of vacant
parcels of real estate in the City of South Bend needed for
redevelopment purposes, the location and legal descriptions of said
parcels being as follows:
(a) 417 East South Street Title Commitment No. 73863
LEGAL DESCRIPTION
A parcel of land in the East Half of the Southwest Quarter of
Section 12, Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, being a part of Lot
4 of Jodan's Subdivision, as recorded in Book 3, Page 12, at the
St. Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Commencing at the Northeast corner of Lot 1, also being the South
right -of -way line of an 11.00 foot alley and the West
right -of -way line of Fellows Street; thence South 00 °00100" West
(bearing assumed) 165.00 feet along said West right -of -way line;
thence South 89 °42143" West, 57.32 feet to the Point of
Beginning; thence South 00 °00100" West, 55.09 feet, to the North
right -of -way line of South Street; thence South 89 °42143" West,
39.84 feet along said North right -of -way line; thence North
00 °00103" East, 55.09 feet; thence North 89 °42140" East, 39.84
feet to the Point of Beginning.
(b) 509 South Rush Street Title Commitment No. 73882
LEGAL DESCRIPTION
A lot or parcel of land 63 feet in length, North and South, taken
off of and from the entire width of the South end of Lot Numbered
Seventeen (17) as shown on the recorded Plat of John H. Rush's
First Addition to the City of South Bend, in St. Joseph County,
Indiana.
(c) 520 South Fellows Street Title Commitment No. 73876
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -Seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, also being part of Lot Numbered Two (2)
of John Rush's 1st Addition as recorded in Book 2, Page 53 at the
St. Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Commencing at an iron on the Northwest corner of Lot Numbered Two
(2), also being the intersection of the South right -of -way line
of Monroe Street and the East right -of -way line of Fellows
Street; thence South 00 °00100" West (bearing assumed), 38.00 feet
along said East right -of -way line to the Point of Beginning;
thence North 89 041140" East, 55.00 feet; thence South 00 °00100"
West, 29.00 feet; thence South 89 °41140" West, 55.00 feet to the
East right -of -way line of Fellows Street; thence North 00 °00100"
East, 29.00 feet along said East right -of -way line to the Point
of Beginning.
(d) 522 South Fellows Street Title Commitment No. 73875
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section 12, Township 37 North, Range 2 East, City of
South Bend, Portage Township, St. Joseph County, Indiana, also
being the middle 33.00 feet of Lot Two (2) of John Rush's 1st
Addition as recorded in Book 2, Page 53 of the St. Joseph County
Recorder's office in South Bend, Indiana, and described as
follows:
Commencing at the Northwest corner of Lot 2, also being the
intersection of the South right -of -way line of Monroe Street and
the East right -of -way line of Fellows Street; thence South
00 °00100" West (bearing assumed), 67.00 feet along said East
right -of -way line to the Point of Beginning; thence North
89 °41140" East, 55.00 feet; thence South 00 °00100" West, 33.00
feet; thence South 89 °41140" West, 55.00 feet to the East
right -of -way line of Fellows Street; thence North 00 °00100" East,
33.00 feet along said East right -of -way line to the Point of
Beginning.
(e) Vacant Lot East of
310 East South Street Title Commitment No. 73866
A parcel of land in t h
(12), Township Thirt y
of South Bend, Porta
being platted as pa
Denniston & Fellows
the St. Joseph Count
LEGAL DESCRIPTION
e Southwest Quarter (1/4) of Section Twelve
-seven (37) North, Range Two (2) East, City
ge Township, St. Joseph County, Indiana,
rt of Lot Numbered Twenty -three (23) of
Addition as recorded in Book 2, Page 48, at
y Recorder's office in South Bend, Indiana
and described as follows:
Beginning at an iron at the intersection of the East right -of -way
line of Carroll Street and the South right -of -way line of South
Street; thence South 89 °39147" East (bearing assumed), 141.50
feet along said South right -of -way line to the Point of
Beginning; thence continuing South 89 °39147" East, 50.00 feet
along said South right -of -way line; thence South 00 °00100" East,
115.50 feet to the North right -of -way line of a 14.00 foot alley;
thence North 89 °39147" West, 50.00 feet along said North
right -of -way line; thence North 00 °00100" West, 115.50 feet to
the South right -of -way line of South Street and the Point of
Beginning.
(f) 516 South Rush Street Title Commitment No. 73879
LEGAL DESCRIPTION
Part of Lots Numbered Eleven (11) and Twelve (12) as shown on the
recorded Plat of John Rush's First Addition to the City of South
Bend, described as follows: Beginning at a point 106 feet North
of the Southwest corner of said Lot 11; thence running North on
the West line of said Lot 11 a distance of 30 -1/2 feet, thence
East to the East line of said Lot 12; thence South on the East
line of said Lot 12, 30 -1/2 feet; thence West 110 feet to the
place of beginning.
(g) 630 Lincolnway East Title Commitment No. 73894
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section 12, Township 37 North, Range 2 East, City of
South Bend, Portage Township, St. Joseph County, Indiana, being
part of Lot Twenty -one (21) of John Rush's 1st Addition, as
recorded in Book 2, Page 53, at the St. Joseph County Recorder's
office in South Bend, Indiana, as described as follows:
Commencing at the Northwest corner of Lot 11, also being the East
right -of -way line of Rush Street and the South right -of -way line
of a 12.50 foot alley; thence North 89 °41140" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
South 00 °01154" East, 94.53 feet; thence North 89 °41140" East,
73.79 feet to the Point of Beginning; thence continuing North
89 °41140" East, 80.09 feet to the Southwesterly right -of -way line
of Lincolnway; thence South 37 °21140" East, 40.66 feet along said
southwesterly right -of -way line; thence South 89 °41140" West,
92.75 feet; thence South 00 °01154" East, 39.03 feet to the North
right -of -way line of South Street; thence South 89 °41140" West,
12.00 feet along said North right -of -way line' thence North
00 °01154" West, 71.47 feet to the Point of Beginning.
(h) 618 South Columbia Street Title Commitment No. 73870
LEGAL DESCRIPTION
Lot Numbered Nine (9) as shown on the recorded Plat of Birdsell
Manufacturing Company's Subdivision of Denniston and Fellows
Addition to the Town, now the City of of South Bend.
(i) The sidewalk section located at the
CO on Main Street starting at the southeast corner
5,490 sq. ft. of area and a curb section of
construction and related improvements to be
described real estate acquired or to be acquired
South Bend Parking Lot
of Lot 225 containing
378 linear feet, such
made on the following
by the Authority:
Park & Lock Parking Lot: Commencing at the southeast
corner of Lot 225; thence north for 198 feet, thence
west for 165 feet, thence north for 14 feet, thence
east for 180 feet, thence south for 212 feet, thence
west for 15 feet back to the point of beginning.
(j) The sidewalk section located at the City approach commencing
at the northeast corner of Lot 226 on Main Street containing 210 sq.
ft. of area, such construction and related improvements to be made on
the following described real estate acquired or to be acquired by the
Authority:
City Approach: Commencing at the northeast corner of
Lot 226; thence north for 14 feet, thence east for 15
feet, thence south for 14 feet, thence west for 15 feet
back to the point of beginning.
(k) The sidewalk section located at 113 East Washington Street
containing 675 sq. ft. of area and a curb section of 45 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Business Systems -113 E. Washington: Commencing at the
southwest corner of Lot 18; thence west for 5 feet,
thence south for 15 feet, thence east for 45 feet,
thence north for 15 feet, thence west for 40 feet back
to the point of beginning.
(1) The sidewalk section located at 101 North Michigan Street
containing 1,170 sq. ft. of area and a curb section of 78 linear
feet, such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Fanny Mae's - 101 N. Michigan: Commencing at the
southeast corner of Lot 18, thence west for 78 feet,
thence south for 15 feet, thence east for 78 feet,
thence north for 15 feet back to the point of
beginning.
(m) The sidewalk section located at 125 West Colfax Avenue
containing 272 sq. ft. of area and a curb section of 16 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Summit Bank - 125 W. Colfax: Commencing at the
southwest corner of Lot 7; thence west for 17 feet,
thence south for 16 feet, thence east for 17 feet,
thence north for 16 feet back to the point of
beginning.
0
(n) The sidewalk section located at the southeast corner of
Lafayette Street and Jefferson Boulevard containing 2,920 sq. ft. of
area and a curb section of 198 linear feet, such construction and
related improvements to be made on the following described real
estate acquired or to be acquired by the Authority:
Trigon Building - Corner of Lafayette and Jefferson:
Commencing at the Northwest corner of Lot 270; thence
East for 82.5 feet, thence North for 15 feet, thence
West for 99.5 feet, thence South for 99 feet, thence
east for 17 feet; thence north for 84 feet back to the
point of beginning.
11. The acquisition by purchase or condemnation of parcels of
real estate and improvements thereon in the City of South Bend needed
for redevelopment purposes, the payment of expenses that the
Redevelopment Commission is required or permitted to pay under
IC 8 -13 -18.5 and the clearance of said parcels of real estate, the
locations and legal descriptions of said parcels being as follows:
(a) 530 South Fellows Street Title Commitment No. 73871
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, also being a part of Lot Numbered Five
(5) of John Rush's 1st Addition as recorded in Book 2, Page 53 at
the St. Joseph County Recorder's office in South Bend, Indiana,
and described as follows:
Commencing at an iron on the Northwest corner of Lot Numbered
Five (5), also being the South right -of -way line of a 12.50 foot
alley and the East right -of -way line of Fellows Street; thence
South 00 000100" West, 30.86 feet along said East right -of -way
line to the Point of Beginning; thence North 89 °41140" East,
55.00 feet; thence South 00 °00100" West, 45.64 feet (45.50 feet
by deed); thence South 89 °41140" West, 55.00 feet to the East
right -of -way line of Fellows Street; thence North 00 000100" East
45.64 feet along said East right -of -way line to the Point of
Beginning.
(b) 528 South Fellows Street Title Commitment No. 73872
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, also being a part of Lot 5 of John Rush's
1st Addition as recorded in Book 2, Page 53 at the St. Joseph
County Recorder's office in South Bend, Indiana, and described as
follows:
Beginning at an iron on the Northwest corner of Lot 5, also being
the intersection of the East right -of -way line of Fellows Street
and the south right -of -way line of a 12.50 foot alley; thence
North 89 °41140" East (bearing assumed), 55.00 feet along said
South right -of -way line; thence South 00 °00100" East, 30.86 feet;
thence South 89 °41140" West, 55.00 feet to the East right -of -way
line of Fellows Street; thence North 00 °00100" East, 30.86 feet
along said East right -of -way line to the Point of Beginning.
(c) 505 South Rush Street Title Commitment No. 73880
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being a part of Lot Numbered Seventeen
(17) of John Rush's First Addition as recorded in Book 2, Page
53, at the St. Joseph County Recorder's office, in South Bend,
Indiana, and described as follows:
Commencing at the Northwest corner of Lot Numbered Fifteen (15),
also being the East right -of -way line of a 14.00 foot alley and
the South right -of -way line of Monroe Street; thence North
89 038143" East (bearing assumed), 110.00 feet along said South
right -of -way line; thence South 00 001128" East, 69.30 feet to the
Point of Beginning; thence North 89 °38143" East, 54.95 feet to
the West right -of -way line of Rush Street; thence South 00 °01154"
East, 34.00 feet along said West right -of -way line; thence South
89 °38143" West, 54.95 feet; thence North 00 001128" West, 34.00
feet to the Point of Beginning.
(d) 524 East Monroe Street Title Commitment No. 73880
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being a part of Lot Numbered Seventeen
(17) of John Rush's First Addition, as recorded in Book 2, Page
53, at the St. Joseph County Recorder's office in South Bend,
Indiana, and described as follows:
Commencing at the Northwest corner of Lot Numbered Fifteen (15),
also being the East right -of -way line of a 14.00 foot alley, and
the South right -of -way line of Monroe Street; thence North
89 °38143" East (bearing assumed), 110.00 feet along said South
right -of -way line to the Point of Beginning; thence continuing
North 89 °38143" East, 54.94 feet to the West right -of -way line of
Rush Street; thence South 00 °01154" East, 69.30 feet along said
West right -of -way line; thence South 89 °38143" West, 54.95 feet;
thence North 00 °01128" West, 69.30 feet to the South right -of -way
line of Monroe Street and the Point of Beginning.
(e) 520 East Monroe Street Title Commitment No. 73880
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being Lot Numbered Sixteen (16) of John
Rush's First Addition, as recorded in Book 2, Page 53, at the St.
Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Commencing at the Northwest corner of Lot 15, also being the East
right -of -way line of a 14.00 foot alley, and the South
right -of -way line of Monroe Street; thence North 89 °38143" East
(bearing assumed), 55.00 feet along said South right -of -way line
to the Point of Beginning; thence continuing North 89 °38143"
East, 55.00 feet along said South right -of -way line; thence South
00 °01128" East, 166.26 feet to the North right -of -way line of a
12.50 foot alley; thence South 89 °41140" West, 55.00 feet along
said North right -of -way line; thence North 00 °01128" West, 166.20
feet to the South right -of -way line of Monroe Street and the
Point of Beginning.
(f) 514 East Monroe Street Title Commitment No. 73880
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, also being Lot Numbered Fifteen (15) of
John Rush's 1st Addition, as recorded in Book 2, Page 53, at the
St. Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Commencing at the Northwest corner of Lot Numbered Fifteen (15),
also being the East right -of -way line of a 14.00 foot alley and
the South right -of -way line of Monroe Street; thence North
89 038143" East (bearing assumed), 55.00 feet along said South
right -of -way line; thence South 00 °01128" East, 166.20 feet to
the North right -of -way line of a 12.50 foot alley; thence South
89 °41140" West, 55.00 feet along said North right -of -way line to
the East right -of -way line of a 14.00 foot alley; thence North
00 °01128" West, 166.15 feet along said East right -of -way line to
the South right -of -way line of Monroe Street, also being the
Point of Beginning.
(g) 512 East Monroe Street Title Commitment No. 73878
Title Commitment No. 73873
Title Commitment No. 73874
LEGAL DESCRIPTION
A parcel of land in the West Half
Section 12, Township 37 North, Range
Portage Township, St. Joseph County,
Rush's 1st Addition as recorded in
Joseph County Recorder's office in
described as follows:
of the
2 East,
Indiana,
Book 2,
South
Southeast Quarter of
City of South Bend,
being Lot 3 of John
Page 53, at the St.
Bend, Indiana, and
Commencing at the Northwest corner of Lot 2, also being the
intersection of the East right -of -way line of Fellows Street and
the South right -of -way line of Monroe Street; thence North
89 °38143" East (bearing assumed), 55.00 feet along said South
right -of -way line to the Point of Beginning; thence continuing
North 89 °38143" East, 55.00 feet along said South right -of -way
line; thence South 00 °00100" East, 166.09 feet to the North
right -of -way line of a 12.50 foot alley; thence South 89 041140"
West, 55.00 feet along said North right -of -way line; thence North
00 000'00" West, 166.05 feet to the South right -of -way line of
Monroe Street and the Point of Beginning.
ALSO
A parcel of land in the West Half
Section 12, Township 37 North, Range
Portage Township, St. Joseph County,
Rush's 1st Addition, as recorded in
Joseph County Recorder's Office in
described as follows:
of the Southeast Quarter of
2 East, City of South Bend,
Indiana, being Lot 4 of John
Book 2, Page 53, at the St.
South Bend, Indiana, and
Commencing at the Northwest corner of Lot 2, also being the
intersection of the East right -of -way line of Fellows Street and
the South right -of -way line of Monroe Street; thence North
CW 89 °38143" East (bearing assumed), 110.00 feet along said
(g) 512 E. Monroe Street Title Commitment No. 73878
Continued Title Commitment No. 73873
Title Commitment No. 73874
right -of -way line to the Point of Beginning; thence continuing
North 89 038143" East, 54.93 feet along said South right -of -way
line to the West right -of -way line of a 14.00 foot alley; thence
South 00 °01128" East, 166.14 feet along said West right -of -way
line to the North right -of -way line of a 12.50 foot alley; thence
South 89 °41140" West, 55.00 feet along said North right -of -way
line; thence North 00 000100" East, 166.09 feet to the South
right -of -way line of Monroe Street and the Point of Beginning.
ALSO
A parcel of land in the West Half of the Southeast Quarter of
Section Twelve (12), Township Thirty -seven (37) North, Range Two
(2) East, City of South Bend, Portage Township, St. Joseph
County, Indiana, also being the South 33.00 feet of Lot Numbered
Two (2) of John Rush's 1st Addition, as recorded in Book 2, Page
53, in the Office of the Recorder of St. Joseph County, Indiana,
and described as follows:
Commencing at the Northwest corner of Lot 2, also being the
intersection of the South right -of -way line of Monroe Street and
the East right -of -way line of Fellows Street; thence South
00 000100" West (bearing assumed), 133.00 feet along the said East
right -of -way line to the point of beginning; thence North
89 °41140" East, 55.00 feet; thence South 00 °00100" East, 33.00
feet to the North right -of -way line of a 12.50 foot alley; thence
South 89 °41140" West, 55.00 feet along said North right -of -way
line to the East right -of -way line of Fellows Street; thence
North 00 °00100" East, 33.00 feet along said East right -of -way
line to the point of beginning.
ALSO
A parcel of land, in the West Half
Section 12, Township 37 North, Range
Portage Township, St. Joseph County,
Lot 2 of John Rush's 1st Addition as
at the St. Joseph County Recorder
Indiana, and described as follows:
of the Southeast Quarter of
2 East, City of South Bend,
Indiana, also being part of
recorded in Book 2, Page 53
's Office in South Bend,
(g) 512 E. Monroe Street
Continued
Title Commitment No. 73878
Title Commitment No. 73873
Title Commitment No. 73874
Commencing at the Northwest corner of Lot 2, also being the
intersection of the South right -of -way line of Monroe Street and
the East right -of -way line of Fellows Street; thence South
00 °00100" West (bearing assumed), 100.00 feet along said East
right -of -way line to the Point of Beginning; thence North
89 °41140" East, 55.00 feet; thence South 00 °00100" West, 33.00
feet; thence South 89 °41140" West, 55.00 feet to the East
right -of -way line of Fellows Street; thence North 00 °00100" East,
33.00 feet along said East right -of -way line to the Point of
Beginning.
(h) 502 East Monroe Street Title Commitment No. 73877
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being part of Lot Numbered Two (2) of
John Rush's First Addition as recorded in Book 2, Page 53 at the
St. Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Beginning at the Northwest corner of Lot Numbered Two (2), also
being the East right -of -way line of Fellows Street and the South
right -of -way line of Monroe Street; thence North 89 °38143" East
(bearing assumed), 55.00 feet along said South right -of -way line;
thence South 00 °00100" West, 38.04 feet; thence South 89 °41140"
West, 55.00 feet to the East right -of -way line of Fellows Street;
thence North 00 °00'00" East, 38.00 feet along said East
right -of -way line to the Point of Beginning.
(i) 413 -415 East South Street Title Commitment No. 73862
LEGAL DESCRIPTION
A parcel of land in the East Half (1/2) of the Southwest Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being the West 35.00 feet of Lot Numbered
Four (4) of Jodon's Subdivision, as recorded in Book 3, Page 12,
at the St. Joseph County Recorder's office in South Bend,
Indiana, and described as follows:
Commencing at the Northeast corner of Lot Numbered One (1) in
Jodon's Subdivision, also being the South right -of -way line of an
11.00 foot alley and the West right -of -way line of Fellows
Street; thence South 00 °00100" West (bearing assumed), 165.00
feet along said West right -of -way line; thence South 89 °42143"
West, 97.16 feet to the Point of Beginning; thence South
00 000100" West, 55.09 feet to the North right -of -way line of
South Street; thence South 89 °42143" West, 34.84 feet along said
North right -of -way line to the East right -of -way line of an 11.00
foot alley; thence North 00 °00103" East, 55.09 feet along said
East right -of -way line; thence North 89 °42140" East, 34.84 feet
to the Point of Beginning.
(12) The acquisition by purchase or condemnation of parcels of
real estate and improvements thereon in the City of South Bend needed
for redevelopment purposes and the rehabilitation of the parcels of
real estate and improvements, the locations and legal descriptions of
said parcels being as follows:
(a) 618 Lincolnway East
Title Commitment No. 73886
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section 12, Township 37 North, Range 2 East, City of
South Bend, Portage Township, St. Joseph County, Indiana, being
part of Lots Ninteen (19) and Twenty (20) of John Rush's 1st
Addition, as recorded in Book 2, Page 53, at the St. Joseph
County Recorder's office in South Bend, Indiana, and described as
follows:
Commencing at the Southwest corner of Lot 18, also being the East
right -of -way line of Rush Street, and the North right -of -way line
of a 12.50 foot alley; thence North 89 041140" East 100.00 feet
along said North right -of -way line to the Point of Beginning;
thence North 00 °01154" West, 40.00 feet; thence North 89 °41140"
East, 110.11 feet to the West right -of -way line of Lincolnway;
thence South 37 °21140" East, 50.12 feet to the North right -of -way
line of a 12.50 foot alley; thence South 89 °41140" West, 140.50
feet along said North right -of -way line to the Point of
Beginning.
(b) 626 Lincolnway East Title Commitment No. 73891
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section 12, Township 37 North, Range 2 East, City of
South Bend, Portage Township, St. Joseph County, Indiana, being
part of Lots 14 and 21 of John Rush's 1st Addition, as recorded
in Book 2, Page 53, at the St. Joseph County Recorder's office in
South Bend, Indiana, and described as follows:
Commencing at the Northwest corner of Lot 11, also being the
East right -of -way line of Rush Street and the South right -of -way
line of a 12.50 foot alley; thence North 89 °41140" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
South 00 °01154" East, 54.53 feet to the Point of Beginning;
thence North 89 °41140" East, 86.28 feet; thence North 71 °41140"
East, 31.43 feet to the Southwesterly right -of -way line of
Lincolnway; thence South 37 °21140" East, 62.30 feet along said
Southwesterly right -of -way line; thence South 89 °41140" West,
153.89 feet to the West line of Lot 14 of said John Rush's First
Addition; thence North 00 °01154" West, 40.00 feet to the Point of
Beginning.
(c) 701 East South Street Title Commitment No. 73893
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being part of Lots Numbered Fourteen (14)
and Twenty -one (21) of John Rush's 1st Addition, as recorded in
Book 2, Page 53, at the St. Joseph County Recorder's office in
South Bend, Indiana, and described as follows:
Commencing at the Northwest corner of Lot 11, also being the East
right -of -way line of Rush Street and the South right -of -way line
of a 12.50 foot alley; thence North 89 °41140" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
South 00 °01154" East, 94.53 feet; thence North 89 °41140" East,
35.00 feet to the Point of Beginning; thence continuing North
89 °41140" East, 38.79 feet; thence South 00 °01154" East, 71.74
feet to the North right -of -way line of South Street; thence South
89 °41140" West, 38.79 feet along said North right -of -way line;
thence North 00 °01154" West, 71.47 feet to the Point of
Beginning.
(d) 613 East South Street Title Commitment No. 73892
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being part of Lot Numbered Fourteen (14)
of John Rush's 1st Addition, as recorded in Book 2, Page 53, at
the St. Joseph County Recorder's office in South Bend, Indiana,
and described as follows:
Commencing at the Northwest corner of Lot 11, also being the East
right -of -way line of Rush Street and the South right -of -way line
of a 12.50 foot alley; thence North 89 041140" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
South 00 °01154" East, 94.53 feet to the Point of Beginning;
thence North 89 °41140" East, 35.00 feet; thence South 00 °01154"
East, 71.47 feet to the North right -of -way line of South Street;
thence South 89 041140" West, 35.00 feet along said North
right -of -way line; thence North 00 001154" West, 71.47 feet to the
Point of Beginning.
(e) 611 East South Street Title Commitment No. 73889
LEGAL DESCRIPTION
Lot Numbered Thirteen (13) as shown on the recorded Plat of John
Rush's First Addition to the City of South Bend, in St. Joseph
County, Indiana.
(f) 512 South Rush Street Title Commitment No. 73885
LEGAL DESCRIPTION
A part of Lots Numbered Eighteen (18) and Nineteen (19) as shown
on the recorded Plat of John Rush's First Addition to the City of
South Bend, bounded by a line running as follows, viz: Beginning
at the Southwest corner of Lot Numbered Eighteen (18); thence
running East One Hundred (100) feet; thence North Forty (40)
feet; thence West One Hundred (100) feet to the West line of said
Lot Numbered Eighteen (18); thence South Forty (40) feet to the
place of beginning.
(g) 514 South Rush Street Title Commitment No. 73887
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being part of Lots Numbered Eleven (11)
and Twelve (12) of John Rush's 1st Addition, as recorded in Book
2, Page 53, at the St. Joseph County Recorder's office in South
Bend, Indiana, and described as follows:
Commencing at the Northwest corner of Lot 11, also being the
intersection of the East right -of -way line of Rush Street and the
South right -of -way line of a 12.50 foot alley; thence North
89 °40141" East (bearing assumed), 110.00 feet along said South
right -of -way line; thence South 00 °01154" East, 29.50 feet;
thence South 89 °40141" West, 110.00 feet to the East right -of -way
line of Rush Street; thence North 00 °01154" West, 29.50 feet
along said East right -of -way line to the Point of Beginning.
(h) 620 South Columbia Street Title Commitment No. 73869
LEGAL DESCRIPTION
Lot Numbered Eight (8) as shown on the recorded Plat of
Birdsell's Manufacturing Company's Subdivision of Out Lots
Twenty -four (24) and Twenty -five (25) of Denniston and Fellows
Addition to the City of South Bend, EXCEPTING THEREFROM a strip
Seven (7) feet in width off of the entire South end of said lot.
(i) 602 South Caroll Street Title Commitment No. 73864
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter (1/4) of Section 12,
Township 37 North, Range 2 East, City of South Bend, Portage
Township, St. Joseph County, Indiana, being platted as a part of
Lot Numbered Twenty Three (23) in Denniston & Fellows Addition as
recorded in Book 2, Page 48, at the St. Joseph County Recorder's
office in South Bend, Indiana, and described as follows:
Beginning at an iron at the intersection of the East right -of -way
line of Carroll Street and the South right -of -way line of South
Street; thence South 89 °39147" East (bearing assumed), 100.00
feet along said South right -of -way line of South Street; thence
South 00 °00100" East, 53.50 feet; thence North 89 °39147" West,
100.00 feet to the East right -of -way line of Carroll Street;
thence 00 °00107" West, 53.50 feet along said East right -of -way
line of Carroll Street to the Point of Beginning.
(j) 609 South Columbia Street Title Commitment No. 73868
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter (1/4) of Section 12,
Township 37 North, Range 2 East, City of South Bend, Portage
Township, St. Joseph County, Indiana, being platted as a part of
Lot Numbered Twenty -three (23) of Denniston & Fellows Addition as
recorded in Book 2, Page 48, at the St. Joseph County Recorder's
office in South Bend, Indiana, and described as follows:
Commencing at an iron at the intersection of the South
right -of -way line of South Street and the West right -of -way line
of Columbia Street; thence South 00 °00100" West (bearing
assumed), 57.75 feet along said West right -of -way line to the
Point of Beginning; thence continuing South 00 °00100" West, 57.75
feet along said West right -of -way line to the North right -of -way
line of a 14.00 foot alley; thence North 89 °39147" West, 45.25
feet along said North right -of -way line; thence North 00 °00100"
East, 57.75 feet; thence South 89 °39147" East, 45.25 feet to the
West right -of -way line of Columbia Street and the Point of
Beginning.
(k) 320 East South Street Title Commitment No. 73867
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter (1/4) of Section Twelve
(12), Township Thirty -seven (37) North, Range 2 East, City of
South Bend, Portage Township, St. Joseph County, Indiana, being
platted as a part of Lot Numbered Twenty -three (23) as shown on
the recorded Plat of Denniston & Fellows Addition as recorded in
Book 2, Page 48, at the St. Joseph County Recorder's office in
South Bend, Indiana, and described as follows:
Beginning at an iron at the intersection of the South
right -of -way line of South Street and the West right -of -way line
of Columbia Street; thence South 00 °00100" West (bearing
assumed), 57.75 feet along said West right -of -way line; thence
North 89 °39147" West, 45.25 feet; thence North 00 °00100" East,
57.75 feet to the South right -of -way line of South Street; thence
South 89 °39147" East, 45.25 feet along said South Street
right -of -way line to the Point of Beginning.
(1) 310 E. South Street Title Commitment No. 73865
LEGAL DESCRIPTION
A lot or parcel of land in the West Half (1/2) of Lot Numbered
Twenty -three (23) as shown on the recorded Plat of Denniston and
Fellows Addition to the Town, now City of South Bend, which
parcel is bounded by a line running as follows, viz: Beginning
on the South line of East South Street in said City at a point
100 feet East of the Northwest corner of said Lot Numbered 23;
thence running East 411 feet to the Northwest corner of a Lot now
or formerly owned by John and Susan E. Hartmen; thence South 115;
feet to an alley 14 feet in width; thence West 411 feet to a
point due South of the beginning point; thence North 115; feet to
the place of beginning.
(m) 620 -622 Lincolnway East Title Commitment No. 73890
LEGAL DESCRIPTION
A parcel of land in the West Half (1/2) of the Southeast Quarter
(1/4) of Section Twelve (12), Township Thirty -seven (37) North,
Range Two (2) East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being part of Lots Numbered Fourteen (14)
and Twenty -one (21) of John Rush's 1st Addition, as recorded in
Plat Book 2, Page 53, at the St. Joseph County Recorder's office
in South Bend, Indiana, and described as follows:
Commencing at the Northwest corner of Lot 11, also being the
intersection of the East right -of -way line of Rush Street and the
South right -of -way of a 12.50 foot alley; thence North 89 °41140"
East (bearing assumed), 165.00 feet along said South right -of -way
line to the Point of Beginning; thence continuing North 89 °41140"
East, 82.06 feet along said South right -of -way line to the
Southwest right -of -way line of Lincoln Way; thence South
37 °21140" East, 56.16 feet along said Southwest right -of -way
line; thence South 71 °41140" West, 31.43 feet; thence South
89 °41140" West, 86.28 feet; thence North 00 °01154" West, 54.53
feet to the South right -of -way line of a 12.50 foot alley and the
Point of Beginning.
R
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South Bend
$4,895,000
EXHIBIT D
LEASE PAYMENT SCHEDULE
Redevelopment Authority
TIF Lease Rental Bonds of 1990
Semi - Annual
Lease Payments Amounts
1/31/93
119,500
7/31/93
179,500
1/31/94
179,500
7/31/94
179,500
1/31/95
179,500
7/31/96
199,500
1/31/96
199,500
7/31/96
228,000
1/31/97
228,000
7/31/97
232,000
1/31/98
232,000
7/31/98
245,500
1/31/99
245,500
7/31/99
253,000
1/31/00
253,000
7/31/00
254,500
1/31/01
254,500
7/31/01
252,500
1/31/02
252,500
7/31/02
258,000
1/31/03
258,000
7/31/03
242,500
1/31/04
262,500
7/31/04
266,000
1/31/05
266,000
7/31/05
301,000
1/31/06
301,000
7/31/06
300,500
1/31/07
300,500
7/31/07
303,600
1/31/08
303,500
7/31/08
300,500
1/31/09
300,500
7/31/09
299,000
1/31/10
299,000
7/31/10
199,000
1/31/11
299,000
7/31/11
298,000
1/31/12
298,000
(and each 7 -31 and
1 -31 thereafter
during the term of
this lease)