HomeMy WebLinkAboutResolution No. 206 (Accepting Transfer of Property from BPW)RESOLUTION NO. 206
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY
ACCEPTING THE TRANSFER OF REAL PROPERTY FROM
THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS
WHEREAS, the South Bend Redevelopment Authority (the "Authority") was created
pursuant to I.C. 36-7-14.5 (the "Act") as a separate body corporate and politic serving as an
instrumentality of the City of South Bend, Indiana (the "City"), to finance local public
improvements for lease to the South Bend Redevelopment Commission (the "Commission") and
which is permitted by the Act to acquire real property in order to accomplish the purposes of the
Authority under the Act; and
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board")
exists pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City of South
Bend, Indiana (the "City") pursuant to Indiana Code Section 36-9-6-3, and is authorized to
transfer such property to another governmental entity pursuant to Indiana Code Section 36-1-11-
8; and
WHEREAS, the Board owns certain real property in the City commonly known as
Cleveland Road from its intersection with Portage Avenue to its intersection with Ameritech
Drive, as more particularly described on Exhibit A (the "Property"); and
WHEREAS, pursuant to declaratory resolutions previously adopted and amended from
time to time, the Commission has declared a certain area of the City known as the "River West
Development Area" (the "Area") as a redevelopment area and an allocation area under the Act
and approved an economic development plan for the Area; and
WHEREAS, the City and the Commission have agreed to share the cost of certain
improvements to the South Shore Line with St. Joseph County, pursuant to a Memorandum of
Understanding dated September 26, 2019 entered into between the parties (the "MOU"),
including the addition of a second track through congested areas along the South Shore Line (the
"Double Tracking Project"), which improvements benefit the Area; and
WHEREAS, on October 10, 2019, at a duly advertised and noticed public meeting, the
Authority adopted Resolution No. 205, whereby the Authority (a) stated its intent to issue its
South Bend Redevelopment Authority Lease Rental Revenue Bonds of 2019 (Double Tracking
Project) in in an aggregate principal amount not to exceed Eleven Million Dollars ($11,000,000)
(the "Bonds"), to finance the City's obligation pursuant to the MOU which will be used to pay
for a portion of the cost of the Double Tracking Project; (ii) fund a debt service reserve fund, if
necessary in connection with the issuance of the Bonds; and (iii) pay costs incurred in connection
with the issuance of the Bonds and (b) approved a proposed form of lease (the "Lease") between
the Authority and the Commission for the lease of a portion of the Property; and
WHEREAS, the Commission adopted Resolution No. 3508, wherein it approved the
Lease, pursuant to Section 25.2 of the Act, at a duly advertised and noticed public meeting on
October 10, 2019; and
WHEREAS, the Common Council of the City adopted Resolution 4820-19 on October
28, 2019, approving of the execution of the Lease by the Commission and the Authority, as well
as the issuance of the Bonds by the Authority; and
WHEREAS, the City, as the owner of the Property, seeks and concurs in the transfer of
the interests in the Property to the Authority for Ten Dollars ($10.00), and, on November 12,
2019, the Board approved such transfer pursuant to Resolution No. 41-2019, which is
substantially similar to this Resolution; and
WHEREAS, the Authority seeks to acquire an interest in the Property in connection with
the Lease to the Commission and wishes to accept the transfer of the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT AUTHORITY AS FOLLOWS:
1. The Authority hereby accepts the transfer of the Property from the Board in
accordance with Indiana Code Section 36-1-11-8 and the Act pursuant to a quit claim deed in a
form substantially similar to the document attached hereto as Exhibit B, conveying all of the
Board's right, title, and interest in the Property to the Authority.
2. The Authority authorizes David Relos or Andrew Netter of the City's Department
of Community Investment to execute any other document necessary to affect the Authority's
acceptance of the Property from the Board.
This Resolution will be in full force and effect upon its adoption by the Authority.
Signature Page Follows
ADOPTED at a meeting of the South Bend Redevelopment Authority held on
November 14, 2019.
SOUTH BEND REDEVELOPMENT AUTHORITY
Ant ony Fitts, Vice FIfesident
ATTEST:
( S)
Ta I rch
Richard Klee, Secretary/Treasurer
EXHIBIT A
Legal Description
That part of Sections 18, 19, 20, 21, 22 and 27 all in Township 38 North, Range 2 East, City of
South Bend, German Township, St. Joseph County, Indiana which is described as: Beginning at
the point of intersection of the West Right-of-way line of Ameritech Drive and the North Right-
of-way line of Cleveland Road, said point being the Southeast corner of Lot # 4A of the Plat of
"U.S. 31 Industrial Park, Third Replat" as recorded in the records of the St. Joseph County,
Indiana Recorder's Office; thence S. 82°14'41" E. (all bearings assumed) a distance of 60.60 feet
more or less to the Southwest corner of the Plat of "U.S. 31 Industrial Park, Section One, Second
Replat" as recorded in the records of said County, thence along the South line of said Plat and
the Northerly Right-of-way line of said Cleveland Road for the next two (2) courses, S.
82'14'41" E. a distance of 200.68 feet more or less and S. 89°57'04" E. a distance of 511.29 feet
more or less to the Southeast corner of said Plat and a point on the West line of the Plat of
"Daugherty Minor Subdivision" as recorded in the records of said County; thence South along
the West line of said Plat and the Northerly Right-of-way of Cleveland Road, a distance of 80
feet more or less to the Southwest corner of said Plat and the North line of said Section 18;
thence East along said North line and the assumed Northerly Right-of-way line of Cleveland
Road 205 feet more or less to the Northwest corner of the Plat of "Kiskowski 2nd Minor
Subdivision" as recorded in the records of said County; thence continuing along the assumed
Northerly Right-of-way line of said Cleveland Road, and the West line of said Plat, S. 00°44'26"
E., a distance of 152.91 feet more or less the Southwest corner of said Plat; thence continuing
along the Southerly line of said Plat and the Northerly Right-of-way line of said Cleveland Road
for the next three (3) courses, along a 1054.93 foot more or less radius curve to the right an arc
distance of 276.42 feet more or less, and S. 34°52'30" E., a distance of 230.31 feet more or less,
and along a 1332.39 foot more or less radius curve to the left an arc distance of 23.00 feet more
or less to the Southeast corner of said Plat; said Southeast corner also being the Southwest corner
of the Plat of "Crossroads Industrial Complex Phase II, First Replat" as recorded in the records
of said County; thence continuing along the Northerly Right-of-way line of said Cleveland Road
along said 1332.39 foot more or less radius curve to the left an arc distance of 280.00 feet more
or less to the Southeast corner of said Plat, said Southeast corner also being the Southwest corner
of the Plat of "Crossroads Industrial Complex Phase 1I, Section 1" as recorded in the records of
said County, thence continuing along the Northerly Right-of-way line of said Cleveland Road
and the Southerly line of said Plat and the Plat of "Crossroads Industrial Complex Phase 11,
Section 2" as recorded in the records of said County for the next two (2) courses, along said
1332.39 foot more or less radius curve to the left an arc distance of 672.69 feet more or less and
S. 77°33'56" E., a distance of 555.47 feet more or less to the Southeast corner of said Plat for
Section 2; said Southeast corner also being the Southwest corner of the Plat of "Mayflower
Crossing Minor First Replat" as recorded in the records of said County; thence continuing along
said Northerly Right-of-way line of Cleveland Road and the Southerly line of said Plat for the
next two (2) courses, S. 77°34'00" E., a distance of 539.40 feet and N. 68°51'29" E., a distance of
79.92 feet more or less to the Southeast corner of said Plat, said Southeast corner also being on
the West Right-of-way line of Mayflower Road; thence Southeasterly a distance of 62 feet more
or less to a point of intersection with the Southerly line of the Plat of "Hutsfield Square Major
Subdivision" as recorded in the records of said County; thence continuing along the Northerly
Right-of-way of said Cleveland Road and the Southerly line of said Plat for the next two (2)
courses, S. 39°21'27" E., a distance of 94.26 feet more or less and S. 77°06'04" E., a distance of
1248.82 feet more or less to the Southeast corner of said Plat; thence continuing along said
Northerly Right-of-way line of said Cleveland Road and the East line of said Plat, N. 00°24'13"
E., a distance of 50 feet more or less, to the South line of a parcel of ground identified by Tax
Key Number 025-1012-019955 in the records of the St. Joseph County, Indiana Auditor's
Office; thence continuing along the Northerly Right-of-way line of said Cleveland Road and the
Southerly line of said Tax Key Number and the Southerly line of parcel of ground identified by
Tax Key Number 025-1012-019937 in the records of said Auditor's Office S. 7706'04" E., a
distance of 1429.03 feet more or less to the Southwest corner of the Plat of "Trans Tech
Properties Minor Subdivision First Replat" as recorded in the records of said County' thence
continuing along said Northerly Right-of-way line of said Cleveland Road and the Southerly line
of said Plat S. 76°41'25" E., a distance of 577.18 feet more or less to the Southeast corner of said
Plat; thence continuing along said Northerly Right-of-way line of said Cleveland Road and the
Southerly line of a parcel of ground identified by Tax Key Number 025-1013-020704, S.
77°34'00" E., a distance of 563 feet more or less to the Southwest corner of the Plat of "West
Cleveland Road Industrial Park, First Minor Subdivision" as recorded in the records of said
County; thence continuing along said Northerly Right-of-way of said Cleveland Road and the
Southerly line of said Plat, S. 77°34'00" E., a distance of 101.96 feet more or less and along a
4718.66 foot more or less radius curve to the right an arc distance of 272.47 feet more or less, to
a point of intersection with the West Right-of-way line of Meghan Beeler Drive; thence
continuing along the Northerly Right-of-way line of said Cleveland Road and the Southerly line
of the Plat of "West Cleveland Road Industrial Park, Section One" as recorded in the records of
said County, along a 4718.66 foot more or less radius curve to the right an arc distance of 463.29
feet more or less to the Southwest corner of the Plat of "Shively's Industrial Park Phase One" as
recorded in the records of said County; thence continuing along said Northerly Right-of-way line
of said Cleveland Road and the Southerly line of said Plat along a 4718.66 foot more or less
radius curve to the right an arc distance of 730.08 feet more or less to the Southeast corner of
said Plat; said Southeast corner also being the Southwest corner of the Plat of "Ralph Jones
Minor Subdivision First Replat" as recorded in the records of said County; thence continuing
along said Northerly Right-of-way line of Cleveland Road and the Southerly line of said Plat for
the next two (2) courses, along a 4703.66 foot more or less radius curve to the right an arc
distance of 870.52 feet more or less and S. 51 °05'06" E., a distance of 70.46 feet more or less to
a point of intersection with the West Right-of-way line of Ralph Jones Drive and the Westerly
line of the Plat of "Toll Road Industrial Park, Section One" as recorded in the records of said
County; thence continuing along said Northerly line of Cleveland Road and the Southerly line of
said Plat, Southeasterly a distance of 1444.51 feet more or less to the Southeast corner of said
Plat and the Southwest corner of the Plat of "Gainey Minor Subdivision" as recorded in the
records of said County, also being the intersection of the East Right-of-way line of Deahl Court
with the Northerly Right-of-way line of said Cleveland Road; thence continuing along said
Northerly line of Cleveland Road Right-of-way line and the Southerly line of said Plat, S.
88044115" E. Southeasterly a distance of 591.39 feet more or less to the Southeast corner of said
Plat, said Southeast corner also being the Southwest corner of a parcel of ground identified by
Tax Key Number 025-1014-024002 in the records of said Auditor's Office; thence continuing
along said Northerly Right-of-way of Cleveland Road and the Southerly line of said parcel in a
Southeasterly direction a distance of 763.26 feet more or less to the Southeast corner of said
parcel and the Southwest corner of a parcel of ground identified by Tax Key Number 025-1014-
024003 in the records of said Auditor's Office; thence continuing along said Northerly Right-of-
way line of Cleveland Road and the Southerly line of said parcel for the next two (2) courses,
Southeasterly a distance of 148.13 feet more or less and Northeasterly a distance of 96.2 feet
more or less to a point of intersection with the Westerly Right -of line of Bendix Drive (A.K.A.
Maple Road); thence Southeasterly, a distance of 101 feet more or less to a point of intersection
with the Easterly Right-of-way line of said Bendix Drive (A.K.A. Maple Road) and the
Northerly Right-of-way line of Cleveland Road, said intersection point also being on the
Southerly line of the Plat of "GMS Realty's Bendix Drive Minor Subdivision" as recorded in the
records of said County; thence continuing along said Northerly Right-of-way line of said
Cleveland Road and the Southerly line of said Plat for the next two (2) courses, S. 08°22'55" E.,
a distance of 56.99 feet more or less and S. 67°24'22" E., a distance of 381.06 feet more or less
to the Southeast corner of said Plat and to a point on the West line of the Plat of "GMS Realty's
Portage Road Minor Subdivision" as recorded in the records of said County; thence continuing
along said Northerly Right-of-way line of said Cleveland Road for the next five (5) courses, S.
00°02'25" E., a distance of 28 feet more or less, and S. 6705'20" E., a distance of 151.59 feet
more or less and S. 78°28'21" E., a distance of 437.66 feet more or less and N. 79°27'30" E., a
distance of 111.69 feet more or less and N. 24°34'09" E., a distance of 22.59 feet more or less to
a point of intersection with the Westerly Right-of-way line of Portage Road; thence S. 23'16'25"
E., a distance of 181 feet more or less to a point of intersection with the Southerly Right-of-way
line of said Cleveland Road; thence along said Southerly Right-of-way line a distance of 361 feet
more or less to the Easterly line of the Plat of "MFB Minor Subdivision" as recorded in the
records of said County; thence along the Easterly, Northerly and Westerly lines of said Plat also
being assumed to be the Southerly Right-of-way line of said Cleveland Road for the next eight
(8) courses, N. 07°31'14" E., a distance of 4.69 feet more or less, and along a 1091.74 foot more
or less radius curve to the right, an arc distance of 297.40 feet more or less, and N. 67°09'33"
W., a distance of 552.74 feet more or less, and S. 73°29'35" E., a distance of 66.72 feet more or
less, and S. 72°43'30" W., a distance of 40.00 feet more or less, and S. 42°43'30" W., a distance
of 60.00 feet more or less, and S. 58°39'20" W., a distance of 40.00 feet more or less, and along a
756.20 foot more or less radius curve to the right, an arc distance of 128.59 feet to the Southwest
corner of Lot # 1 of said Plat; thence continuing along said Southerly Right-of-way line of said
Cleveland Road and the Northerly right-of-way line of the Indiana East-West Toll Road, along a
4433.66 foot more less radius curve to the right, an arc distance of 1620 feet more or less; thence
continuing along said Southerly Right-of-way line of Cleveland Road and the Northerly Right-
of-way line of the Indiana East-West Toll Road, along a 4418.66 foot more or less radius curve
to the left an arc distance of 5051 feet more or less to a point of intersection with the East line of
said Section 20; thence continuing along said Southerly Right-of-way line of said Cleveland
Road and the Northerly Right-of-way line of the Indiana East-West Toll Road, West, a distance
of 1320 feet more or less to the East line of the West Half of the Northeast Quarter of said
Section 20; thence continuing along said Right-of-way line for both Cleveland Road and the
Indiana East-West Toll Road, N. 00°10'23" W., a distance of 80 feet more or less to the
Southeast corner of the Plat of "Shively's Cleveland Road Minor Subdivision" as recorded in the
records of said County; thence continuing along the Southerly Right-of-way line of said
Cleveland Road and the East line of said Plat, N. 00'10'23" W., a distance of 350.85 feet more or
less to the Northeast corner of said Plat, said point also being on the Southerly Right-of-way line
of said Cleveland Road; thence continuing along said Southerly Right-of-way line of said
Cleveland Road and the Northerly line of said Plat for the next three (3) courses, N. 76°47'16"
W., a distance of 1248.43 feet more or less and S. 53°45'33"W., a distance of 77.01 feet more or
less and S. 89°58'33" W., a distance of 30.00 feet more or less to the Northwest corner of said
Plat and the Centerline of Mayflower Road; thence continuing along the Southerly Right-of-way
line of said Cleveland Road, S. 89°58'33" W., a distance of 30.00 feet more or less to a point of
intersection of the Southerly Right-of-way line of said Cleveland Road and the West Right-of-
way line of Mayflower Road, said point also being on the Northerly line of the Plat of "USF
Holland Cleveland Road Minor 1st Replat" as recorded in the records of said County; thence
along said Southerly Right-of-way line of Cleveland Road and the Northerly line of said Plat for
the next four (4) courses, N. 39°09'52" W., a distance of 115.08 feet more or less and N.
77°34'00" W., a distance of 1144.87 feet more or less and along a 1532.05 foot more or less
radius curve to the right, an are distance of 528.07 feet more or less, and S. 89°33'38" W., a
distance of 257.96 feet more or less to the Northwest corner of said Plat, said point also being on
the East line of the Plat of "AT & T Minor Subdivision" as recorded in the records of said
County; thence continuing along the Southerly Right-of-way line of said Cleveland Road and the
Northerly line of said Plat for the next nine (9) courses, N. 00°36'22" E., a distance of 206 feet
more or less, and along a 1532.40 foot more or less radius curve to the right, a distance of 313.76
feet more or less, and N. 34°53'52" W., a distance of 230.30 feet more or less, and along a
854.93 foot more or less radius curve to the left, a distance of 492.99 feet more or less, and N.
68'04'17" W., a distance of 180.98 feet more or less, and N. 81'40'06" W., a distance of 154.30
feet more or less, and S. 89°53'36" W., a distance of 202.68 feet more or less, and S. 7499,23"
W., a distance of 155.56 feet more or less, and S. 00°49'22" E., a distance of 35.00 feet more or
less; thence continuing along the Southerly Right-of-way line of said Cleveland Road S.
84°29'01" W., a distance of 58.06 feet more or less to a point with the West Right-of-way line of
Project Drive; thence Northeasterly a distance of 257 feet more or less to the point of beginning.
Containing 88.91 Acres more or less.
EXHIBIT B
Form of Quit Claim Deed
QUIT CLAIM DEED
THIS INDENTURE WITNESSETH THAT the Civil City of South Bend, Indiana, acting by and through
its Board of Public Works (the "Grantor") CONVEYS AND QUIT CLAIMS TO the South Bend
Redevelopment Authority (the "Grantee"), for and in consideration of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, the real estate located in
St. Joseph County, Indiana, commonly known as Cleveland Road from its intersection with Portage
Avenue to its intersection with Ameritech Drive, which is more particularly described on Exhibit A (the
"Property").
Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of
record.
The undersigned persons executing this Quit Claim Deed on behalf of the Grantor represent and certify
that each has been fully empowered and authorized to execute this Quit Claim Deed and that all action
necessary to complete this conveyance on Grantor's behalf has been duly taken.
[Signature page follows.]
Dated this * day of November 2019.
GRANTOR:
Civil City of South Bend, Indiana
By:
Printed: {,I in �4 ne_s
Title: 4
ATTEST:
Dawn M. Jones, Clerk
STATE OF INDIANA )
) SS.
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this 14 day of
November 2019, personally appearedand Dawn M. Jones, known to
me to be, respectively, as the I and the Clerk of the Civil City of South Bend,
Indiana, the Grantor, and acknowledged the execution of the foregoing Quit Claim Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
MARY C. BRAZINSKY�
Seal �/tiy j �Z i Notary Public
Notary Public - State of Indrana
St ,Joseph County Resident of St. Joseph County, India..,n,,all--
My Commission Expires Dec t2. 2024 Commission expires: to -1 a'��T
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Sandra L. Kennedy
Prepared by Sandra L. Kennedy, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend,
Indiana 46601
EXHIBIT A
Legal Description
That part of Sections 18, 19, 20, 21, 22 and 27 all in Township 38 North, Range 2 East, City of
South Bend, German Township, St. Joseph County, Indiana which is described as: Beginning at
the point of intersection of the West Right-of-way line of Ameritech Drive and the North Right-
of-way line of Cleveland Road, said point being the Southeast corner of Lot # 4A of the Plat of
"U.S. 31 Industrial Park, Third Replat" as recorded in the records of the St. Joseph County,
Indiana Recorder's Office; thence S. 82°14'41" E. (all bearings assumed) a distance of 60.60 feet
more or less to the Southwest corner of the Plat of "U.S. 31 Industrial Park, Section One, Second
Replat" as recorded in the records of said County, thence along the South line of said Plat and
the Northerly Right-of-way line of said Cleveland Road for the next two (2) courses, S.
82'14'41" E. a distance of 200.68 feet more or less and S. 89°57'04" E. a distance of 511.29 feet
more or less to the Southeast corner of said Plat and a point on the West line of the Plat of
"Daugherty Minor Subdivision" as recorded in the records of said County; thence South along
the West line of said Plat and the Northerly Right-of-way of Cleveland Road, a distance of 80
feet more or less to the Southwest corner of said Plat and the North line of said Section 18;
thence East along said North line and the assumed Northerly Right-of-way line of Cleveland
Road 205 feet more or less to the Northwest corner of the Plat of "Kiskowski 2nd Minor
Subdivision" as recorded in the records of said County; thence continuing along the assumed
Northerly Right-of-way line of said Cleveland Road, and the West line of said Plat, S. 00044'26"
E., a distance of 152.91 feet more or less the Southwest corner of said Plat; thence continuing
along the Southerly line of said Plat and the Northerly Right-of-way line of said Cleveland Road
for the next three (3) courses, along a 1054.93 foot more or less radius curve to the right an arc
distance of 276.42 feet more or less, and S. 34°52'30" E., a distance of 230.31 feet more or less,
and along a 1332.39 foot more or less radius curve to the left an are distance of 23.00 feet more
or less to the Southeast corner of said Plat; said Southeast corner also being the Southwest corner
of the Plat of "Crossroads Industrial Complex Phase II, First Replat" as recorded in the records
of said County; thence continuing along the Northerly Right-of-way line of said Cleveland Road
along said 1332.39 foot more or less radius curve to the left an arc distance of 280.00 feet more
or less to the Southeast corner of said Plat, said Southeast corner also being the Southwest corner
of the Plat of "Crossroads Industrial Complex Phase lI, Section I" as recorded in the records of
said County, thence continuing along the Northerly Right-of-way line of said Cleveland Road
and the Southerly line of said Plat and the Plat of "Crossroads Industrial Complex Phase Il,
Section 2" as recorded in the records of said County for the next two (2) courses, along said
1332.39 foot more or less radius curve to the left an arc distance of 672.69 feet more or less and
S. 77°33'56" E., a distance of 555.47 feet more or less to the Southeast corner of said Plat for
Section 2; said Southeast corner also being the Southwest corner of the Plat of "Mayflower
Crossing Minor First Replat" as recorded in the records of said County; thence continuing along
said Northerly Right-of-way line of Cleveland Road and the Southerly line of said Plat for the
next two (2) courses, S. 77°34'00" E., a distance of 539.40 feet and N. 68°51'29" E., a distance of
79.92 feet more or less to the Southeast corner of said Plat, said Southeast corner also being on
the West Right-of-way line of Mayflower Road; thence Southeasterly a distance of 62 feet more
or less to a point of intersection with the Southerly line of the Plat of "Hutsfield Square Major
Subdivision" as recorded in the records of said County; thence continuing along the Northerly
Right-of-way of said Cleveland Road and the Southerly line of said Plat for the next two (2)
courses, S. 39°21'27" E., a distance of 94.26 feet more or less and S. 77°06'04" E., a distance of
1248.82 feet more or less to the Southeast corner of said Plat; thence continuing along said
Northerly Right-of-way line of said Cleveland Road and the East line of said Plat, N. 00024113"
E., a distance of 50 feet more or less, to the South line of a parcel of ground identified by Tax
Key Number 025-1012-019955 in the records of the St. Joseph County, Indiana Auditor's
Office; thence continuing along the Northerly Right-of-way line of said Cleveland Road and the
Southerly line of said Tax Key Number and the Southerly line of parcel of ground identified by
Tax Key Number 025-1012-019937 in the records of said Auditor's Office S. 7706'04" E., a
distance of 1429.03 feet more or less to the Southwest corner of the Plat of "Trans Tech
Properties Minor Subdivision First Replat" as recorded in the records of said County' thence
continuing along said Northerly Right-of-way line of said Cleveland Road and the Southerly line
of said Plat S. 76°41'25" E., a distance of 577.18 feet more or less to the Southeast corner of said
Plat; thence continuing along said Northerly Right-of-way line of said Cleveland Road and the
Southerly line of a parcel of ground identified by Tax Key Number 025-1013-020704, S.
77°34'00" E., a distance of 563 feet more or less to the Southwest corner of the Plat of "West
Cleveland Road Industrial Park, First Minor Subdivision" as recorded in the records of said
County; thence continuing along said Northerly Right-of-way of said Cleveland Road and the
Southerly line of said Plat, S. 77°34'00" E., a distance of 101.96 feet more or less and along a
4718.66 foot more or less radius curve to the right an arc distance of 272.47 feet more or less, to
a point of intersection with the West Right-of-way line of Meghan Beeler Drive; thence
continuing along the Northerly Right-of-way line of said Cleveland Road and the Southerly line
of the Plat of "West Cleveland Road Industrial Park, Section One" as recorded in the records of
said County, along a 4718.66 foot more or less radius curve to the right an arc distance of 463.29
feet more or less to the Southwest corner of the Plat of "Shively's Industrial Park Phase One" as
recorded in the records of said County; thence continuing along said Northerly Right-of-way line
of said Cleveland Road and the Southerly line of said Plat along a 4718.66 foot more or less
radius curve to the right an arc distance of 730.08 feet more or less to the Southeast corner of
said Plat; said Southeast corner also being the Southwest corner of the Plat of "Ralph Jones
Minor Subdivision First Replat" as recorded in the records of said County; thence continuing
along said Northerly Right-of-way line of Cleveland Road and the Southerly line of said Plat for
the next two (2) courses, along a 4703.66 foot more or less radius curve to the right an arc
distance of 870.52 feet more or less and S. 51005'06" E., a distance of 70.46 feet more or less to
a point of intersection with the West Right-of-way line of Ralph Jones Drive and the Westerly
line of the Plat of "Toll Road Industrial Park, Section One" as recorded in the records of said
County; thence continuing along said Northerly line of Cleveland Road and the Southerly line of
said Plat, Southeasterly a distance of 1444.51 feet more or less to the Southeast corner of said
Plat and the Southwest corner of the Plat of "Gainey Minor Subdivision" as recorded in the
records of said County, also being the intersection of the East Right-of-way line of Deahl Court
with the Northerly Right-of-way line of said Cleveland Road; thence continuing along said
Northerly line of Cleveland Road Right-of-way line and the Southerly line of said Plat, S.
88°44'15" E. Southeasterly a distance of 591.39 feet more or less to the Southeast corner of said
Plat, said Southeast corner also being the Southwest corner of a parcel of ground identified by
Tax Key Number 025-1014-024002 in the records of said Auditor's Office; thence continuing
along said Northerly Right-of-way of Cleveland Road and the Southerly line of said parcel in a
Southeasterly direction a distance of 763.26 feet more or less to the Southeast corner of said
parcel and the Southwest corner of a parcel of ground identified by Tax Key Number 025-1014-
024003 in the records of said Auditor's Office; thence continuing along said Northerly Right-of-
way line of Cleveland Road and the Southerly line of said parcel for the next two (2) courses,
Southeasterly a distance of 148.13 feet more or less and Northeasterly a distance of 96.2 feet
more or less to a point of intersection with the Westerly Right -of line of Bendix Drive (A.K.A.
Maple Road); thence Southeasterly, a distance of 101 feet more or less to a point of intersection
with the Easterly Right-of-way line of said Bendix Drive (A.K.A. Maple Road) and the
Northerly Right-of-way line of Cleveland Road, said intersection point also being on the
Southerly line of the Plat of "GMS Realty's Bendix Drive Minor Subdivision" as recorded in the
records of said County; thence continuing along said Northerly Right-of-way line of said
Cleveland Road and the Southerly line of said Plat for the next two (2) courses, S. 08°22'55" E.,
a distance of 56.99 feet more or less and S. 67°24'22" E., a distance of 381.06 feet more or less
to the Southeast corner of said Plat and to a point on the West line of the Plat of "GMS Realty's
Portage Road Minor Subdivision" as recorded in the records of said County; thence continuing
along said Northerly Right-of-way line of said Cleveland Road for the next five (5) courses, S.
00°02'25" E., a distance of 28 feet more or less, and S. 67°05'20" E., a distance of 151.59 feet
more or less and S. 78°28'21" E., a distance of 437.66 feet more or less and N. 79°27'30" E., a
distance of 111.69 feet more or less and N. 24°34'09" E., a distance of 22.59 feet more or less to
a point of intersection with the Westerly Right-of-way line of Portage Road; thence S. 23'16'25"
E., a distance of 181 feet more or less to a point of intersection with the Southerly Right-of-way
line of said Cleveland Road; thence along said Southerly Right-of-way line a distance of 361 feet
more or less to the Easterly line of the Plat of "MFB Minor Subdivision" as recorded in the
records of said County; thence along the Easterly, Northerly and Westerly lines of said Plat also
being assumed to be the Southerly Right-of-way line of said Cleveland Road for the next eight
(8) courses, N. 07°31'14" E., a distance of 4.69 feet more or less, and along a 1091.74 foot more
or less radius curve to the right, an arc distance of 297.40 feet more or less, and N. 6709'33"
W., a distance of 552.74 feet more or less, and S. 73°29'35" E., a distance of 66.72 feet more or
less, and S. 72°43'30" W., a distance of 40.00 feet more or less, and S. 42°43'30" W., a distance
of 60.00 feet more or less, and S. 58°39'20" W., a distance of 40.00 feet more or less, and along a
756.20 foot more or less radius curve to the right, an arc distance of 128.59 feet to the Southwest
corner of Lot # 1 of said Plat; thence continuing along said Southerly Right-of-way line of said
Cleveland Road and the Northerly right-of-way line of the Indiana East-West Toll Road, along a
4433.66 foot more less radius curve to the right, an arc distance of 1620 feet more or less; thence
continuing along said Southerly Right-of-way line of Cleveland Road and the Northerly Right-
of-way line of the Indiana East-West Toll Road, along a 4418.66 foot more or less radius curve
to the left an arc distance of 5051 feet more or less to a point of intersection with the East line of
said Section 20; thence continuing along said Southerly Right-of-way line of said Cleveland
Road and the Northerly Right-of-way line of the Indiana East-West Toll Road, West, a distance
of 1320 feet more or less to the East line of the West Half of the Northeast Quarter of said
Section 20; thence continuing along said Right-of-way line for both Cleveland Road and the
Indiana East-West Toll Road, N. 00'10'23" W., a distance of 80 feet more or less to the
Southeast corner of the Plat of"Shively's Cleveland Road Minor Subdivision" as recorded in the
records of said County; thence continuing along the Southerly Right-of-way line of said
Cleveland Road and the East line of said Plat, N. 00'10'23" W., a distance of 350.85 feet more or
less to the Northeast corner of said Plat, said point also being on the Southerly Right-of-way line
of said Cleveland Road; thence continuing along said Southerly Right-of-way line of said
Cleveland Road and the Northerly line of said Plat for the next three (3) courses, N. 76°47'16"
W., a distance of 1248.43 feet more or less and S. 53°45'33"W., a distance of 77.01 feet more or
less and S. 89°58'33" W., a distance of 30.00 feet more or less to the Northwest corner of said
Plat and the Centerline of Mayflower Road; thence continuing along the Southerly Right-of-way
line of said Cleveland Road, S. 89°58'33" W., a distance of 30.00 feet more or less to a point of
intersection of the Southerly Right-of-way line of said Cleveland Road and the West Right-of-
way line of Mayflower Road, said point also being on the Northerly line of the Plat of "USF
Holland Cleveland Road Minor 1st Replat" as recorded in the records of said County; thence
along said Southerly Right-of-way line of Cleveland Road and the Northerly line of said Plat for
the next four (4) courses, N. 39°09'52" W., a distance of 115.08 feet more or less and N.
77°34'00" W., a distance of 1144.87 feet more or less and along a 1532.05 foot more or less
radius curve to the right, an arc distance of 528.07 feet more or less, and S. 89°33'38" W., a
distance of 257.96 feet more or less to the Northwest corner of said Plat, said point also being on
the East line of the Plat of "AT & T Minor Subdivision" as recorded in the records of said
County; thence continuing along the Southerly Right-of-way line of said Cleveland Road and the
Northerly line of said Plat for the next nine (9) courses, N. 0096'22" E., a distance of 206 feet
more or less, and along a 1532.40 foot more or less radius curve to the right, a distance of 313.76
feet more or less, and N. 34°53'52" W., a distance of 230.30 feet more or less, and along a
854.93 foot more or less radius curve to the left, a distance of 492.99 feet more or less, and N.
68°04'17" W., a distance of 180.98 feet more or less, and N. 81°40'06" W., a distance of 154.30
feet more or less, and S. 89°53'36" W., a distance of 202.68 feet more or less, and S. 74°19'23"
W., a distance of 155.56 feet more or less, and S. 00°49'22" E., a distance of 35.00 feet more or
less; thence continuing along the Southerly Right-of-way line of said Cleveland Road S.
84°29'01" W., a distance of 58.06 feet more or less to a point with the West Right-of-way line of
Project Drive; thence Northeasterly a distance of 257 feet more or less to the point of beginning.
Containing 88.91 Acres more or less.