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HomeMy WebLinkAbout#554- Deed; deed of gift - Morris Civic Auditoriumcr (PI wo LA LZ ze l,J i"LUE)f FOR 3T.10,WPH CO., INDIANA 'r 0 r 47?"' NN"Aell _BIRT, OARS, DEAH��Tl" RO z'S "30757 1 , DEED OF GIFT Trvinsfe? FROM 1-1'rf Wit E. M. MORRIS FOUNDATION, INC. TO MUNICIPAL CITY OF SOUTH BEND 2 THIS DEED OF GIFT AND CONVEYANCE made and entered into *13:Lo 26th day of October, 1959, by and between E. M. MORRIS FOUNDATION, INC., an Indiana corporation with Its principal office in the City of South Bend, St. Joseph County, Indiana, Party of the First Part, and the MUNICIPAL CITY OF SOUTH BEND, South Bend, Indiana, Party of the Second Part, WITNESSETH: That the said Party of the First Part, in consideration of the general welfare of the City of South Bend and its environs, and in addition thereto One Dollar ($1.00), the receipt of which is hereby acknowledged, has given and does by these presents give, grant, convey and quit -claim to the said Municipal City of South Bend all the right, title and interest now vested in it to the following described real estate in St. Joseph County, State of Indiana, to wit: Lot Number Four (4) and Forty-two (42) feet off the North side of Lot Number Five (5) as shown on the Original Plat of the Town, now City, of tl! South Bend, with a frontage on Michigan Street in said City of approximately One Hundred Eight (108) feet and a depth of approximately One Hundred Sixty-five (165) feet. J Together with the furniture, furnishings and fixtures therein contained. Together with the benefits arising under and subject to all the terms, provisions, obligations and conditions, including party wall agreement, contained in a certain court decree entered by the Circuit Court of St. Joseph County, Indiana, on the 31st day of May, 1935, in the case of J. M. Ulmer as Successor Trustee, plaintiff, vs. The Theatre Corporation of South Bend, et al, defendants, and Clara Lippman, et al vs. Michigan - Colfax Theater Company, Inc., et al, cross - defendants, and docketed as Cause No. 41814 on the docket of said court. Together also with the benefits arising under and subject to the terms of a certain agreement entered into on the 16th day of December, 1938, by and between Clara Lippman, Mabel Nuppnau and Leroy Lippman of Valparaiso, Indiana, as Trustees, parties of the first part, and South Bend Palace BOOK vi"GE Theatre, Inc., an Indiana corporation, party of the second part. TO HAVE AND TO HOLD the above described property for exclusively public purposes, to provide the residents of the said City and the surrounding territory with a civic auditorium for lectures, legitimate theater presentations, symphony concerts and other civic and educational purposes. Dated this 26th day of October, 1959. E. M�.I� RIS FOUND 'ION, INC. 17 j7I By ROOK 5 4 Robert L. are, its Vi-Ce President Attest: 8eph D. Barnette Its cretary STATE OF INDIANA ST. JOSEPH COUNTY Before the undersigned notary public in and for said County and State this 26th day of October, 1959, appeared Robert L. Oare and Jos',gp-hD. Barnette, known to me to be the Vice President and Secretary respectively of E. M. Morris Foundation, Inc., and acknowledged the execution of the foregoing deed of gift as the free act and deed of said corporation, for the uses and purposes, therein set forth, pursuant to and by authority of its board of directors. In Witness Whereof, I have hereunto subscribed my name and affixed my official seal on this 26th day of October, 1959. Annamae Barham, Notary Public W�k�qmmission expires: Sep- ber 30, 1962 This instrument was prepared by Lenn J. Oare, of the law firm of Seebirt, Care, Deahl & Thornburg, South Bend, Indiana.