HomeMy WebLinkAbout#879- Deed; Quitclaim - Part of NW quarter section 12, township 37 (Century Center)CO: South Bend Department of Redevelopment
Room 1200, County -City Building
South Bend, Indiana 46601
QUIT CLAIM DEED
(Long Form Deed)
R7f /
AUDITOR"S RECORD
TRANSFER NO. 9,,-",7
TAXING UNIT
DATE
117
V150
THIS INDENTURE WITNESS, that the City of South Bend Department of
Redevelopment in St. Joseph County, Indiana, (Hereinafter referred to as the
Grantor) convoys and quit claims to the City of South Bend, a Municipal.
Corporation of the State of Indiana (hereinafter referred to as the Grantee)
no/100 Dollars ($370,050.00), the receipt whereof is hereby acknowledged,
the following described real estate in the City of South Bend, St. Joseph
County, Indiana, to wit: ,
LEGAL DESCRIPTION
A tract of land in the Northwest Quarter (1/4) Section 12
Township 37 North, Range 2 East, Portage Township, City
of South Bend, St. Joseph County, Indiana, more particularly
described as follows:
Beginning at a point on the East line of St. Joseph Street
96,25' South of the centerline of Jefferson Boulevard; thence
N OOQ 24' 52" W on and along the East line of St. Joseph Street
757.601 to the PC of a 615.46' radius curve to the left; thence
continuing on and along the East line on said 615.06' radius
curve, a chord distance of 213.76' bearing N 10' 24' 52" W an
are distance of 214.84' to the PTof said curve; thence con-
tinuing on and along said East line of said St. Joseph Street
on a bearing of N 20' 24' 52" W a distance of 32.55': thence
N 31- 13' jU- H, a WsCance of 49.Z9' to tne scorn iine or
Colfax Avenue; thence N 890 39' 38" E on and along the South
line of Colfax Avenue a distance of 96.09 feet to a point an
the West water's edge of the St. Joseph River; thence southerly
and easterly along said West water's edge of the St. Joseph
River; a distance of 85.19'; thence S 45' 30' 56" W, a distance
of 33.16'; thence S'37' 25' 58" E, a distance of 3,87'; thence
S 51' 2S' 27" W, a distance of 22.70'; thence S 42, 29' 3' E,
a distance of 17.39'; thence S 34' 46' 56" 9, a distance of 2.91'
thence S 13' 59' 36" E, a distance of 6.45'; thence S 14' 29' 46''
E, a distance of 83.42 feet; thence S 46' 48' 33" W a distance
of 93.84'; thence S 42' 04' 22" E, a distance of 62.17'; thence
S 43* 02' 48" U, a distance of 15.03'; thence southerly and
easterly along a retaining wall a distance of 450.6l';. thence
S 71- 30' 02- E, a distance of 124.87'; thence S 60' 55' 27" E,
a distance of 146.45'; thence S 42' 27' 53" E, a distance of
129.18'; thence S 74* 24' 32" E, a distance of 111.26' to a
point on the North line of Jefferson Boulevard, the last four
courses being along the West water's edge of the St. Joseph
River; thence S 890 40' 07" W a distance of 106.00'; thence
N 0' 19' 53" W a distance of 1.25 feet to the PC of n 160.81'
radius curve to the Left; thence on and along said 360.3 ' 1'
radius curve to the left a chord distance of 316,42' ' bearing
0 S 63' 39' 42v , an arc distance of 327.55'; thence S 89' 38'
42" W, a distance of 405.06' to the East line of St. Joseph
Street, said point being the place of beginning. Said tract
containing 292,700 square feet (6.72 Acres) more or less.
TogoLhur with th,� improvements thereon and all rights, tenements,
hereditsments, privileges, easements, and appurtenances therein
and thereto.
7�
SECTION -I It is understood and agreed that this Deed is subject to the covenants,
conditions, restrictions) and provisions of an agreement entered into between the
Grantor and the Grantee on the 27th day
for Sale of Land for Redevelopment by a of October 19721 identified as "Contract
Agreement") Public Body (hereafter referred to as the
- The Grantee may not convey this Property) or any part thereof, with-
out the consent of the Grantor until a certificate Of completion releasing the
Grantee from the obligations Of. said Agreement as to this property, or such part
thereof then to be conveyed, has been Placed on record. This Provision, however, in
no way Prevents the Grantee from mortgaging this property in order to obtain funds
for the purchase of Property hereby conveyed and for erecting improvements thereon
in conformity with the Urban Renewal Plan (herein called the "Redevelopment Plan")
for the Central Downtown Project, Tnd- R-66, and applicable provisions of the Zoning
Ordinance of the City Of South Bond, Indiana.
The terms and covenants of the Agreement pertaining to the redevelopment
of the real estate and to the improvements shall be deemed covenants running with
the land.
It is specifically agreed that the Grantee shall promptly begin and
diligently prosecute to completion of the redevelopment of the property through
the construction of the improvements thereon, as provided in the Agreement and
that such construction shall in any event be begun within two (2) years from the
date of this Deed and be completed within seven (7) years from such date.
Promptly after completion of the improvements in accordance with the
provisions of the Agreement, the Grantor will furnish the Grantee with an appro-
priate instrument so ceritfying. Such certification by the Grantor shall be (and
it shall be so provided in the certification itself) a conclusive determination
of satisfaction and termination of the Agreement and the covenants of the Agree-
ment and of this Deed with respect to the obligation of the Grantee, and its suc-
cessors and assigns, to coamuct the improvements and the dates for the beginning
and completion thereof; provided that Such certification and such determination
will not constitute evidence of compliance with or satisfaction of any obligation
of the Grantee to any.;: holder of a mortgn8o, or any, insurev nz,a
money loaned to finance the Purchase of the property hereby conveyed or the im-
provements, or any part thereof.
With respect to such individual parts or parcels of the property which the
Grantee is authorized by the Agreement to convey or lease as the improvements to be
constructed thereon are completed, the Grantor will also, upon proper completion of
the improvements relating to any such part or parcel and provided the Grantee is not
in default with respect to any Of its obligations under the Agreement, certify to the
Grantee that such improvements have been made in accordance with the provisions of
the Agreement. Such certification shall mean and Provide (1) that any party pur-
chasing or leasing such individual part or parcel pursuant to the authorization
contained in the Agreement will not (because of such purchase or lease) incur any
obligation with respect to the construction of the improvements relating to such
part or parcel, or to any other part or parcel of the property; and (2) that neither
the Grantor nor any other party will thereafter have or be entitled to exercise
with respect to any such individual part or parcel so sold (or in the case of lease,
with respect to the leasehold interest) any right or remedies or controls that it
may otherwise have or be entitled to exercise with respect to the property as P
result of a default in or breach of any provisions of the Agreement or of this
Deed by the Grantee or any successor in interest or assign, unless (a) such default
or breach is by the Purchaser or lessee, or any successor in interest or assign,
Of Or to such individual part or parcel with respect to the covenants contained and
referred to in Article IV of the Agreement and in Section III of vv4�
I nA-
and M the right, remedy, or control related to such default or breach.
-2-
BOOK MR P,,,u J.7
All certifications Provided for herein shall be in such form as will enable
,,Granthem tor rto befue recorded fawith to the Office of tile Recorder of St. Joseph County.
ses or provide anythe
certification in accordance wl, If the
provisions of the Agreemelit, and this Deed, the Grantor shall, within thirty th the
(30) days
after written request by the Grantee, provide the Grantee with a written statement
indicating in adequate detail in what respects the Grantee has failed to complete
the improvements in accordance with the, Provisions of the Agreement or is otherwise
in default, and what measures or acts it will be necessary, in the opinion of the
Grantor, for the Grantee to take or perform in order to obtain such certification.
SECTION II. In the event the Grantee herein, prior to the recording of the
certificate of completion hercinabovc referred to, shall --
(a) Default in or violate its obligations With respect to the
construction of the improvements provided for in tee'a""',
and the Agreement, or abandon or substantially suspend
spend con-
struction work, and any default or violation, abandonment,
or suspension is not cured, ended, or remedied within three
(3) months (six (6) itionths if the default is with respect
to the date for the completion of the. improvements) after
written demand by the Grantor so to do; or
(b) Fail to pay real. estate taxes or assessments on the property
or any part thereof when due, or shall place thereon any en-
cumbrance or lien not authorized by the Agreement, or shall
suffer any levy or attachment to be made, or any materialmen's
or mechanic's lions or any other unauthorized encumbrances
or lien to attach, and such taxes or assessments shall not
have been paid or the encumbrance or lien removed or dis-
charged, or provisions satisfactory to the Grantor made for
such payments, removal. or discharge, withill thirty (30) days
after written demand by the Grantor so to do; or
(c) In violation of the Agreement or of this Deed, transfer the
propO07LY or any part thereof, and suqh vlollatiqiL
be cured within thirty (30) days after written demand by the
Grantor;
then the Grantor shil.] have the right to re-enter and take possession of the property
and to terminate and revest in the Grantor the estate conveyed by this Deed to the
Grantee, its assigns or successors in interest. Such reversion of title shall, how-
ever, be subject to the lien of any outstanding mortgage authorized by theAgreement.
SECTION III, The Grantee agrees for itself and its successors and assigns to or
of the property or any Part thereof, hereinbefore described, that the Grantee and
such successors and assigns shall --
(a) Devote the property to, and only to and in accordance with the
uses specified in the Redevelopment Plan, as hereafter amended
and extended from time to time;
(b) Not discriminate upon the basis of race, sex, color, religion, or
national origin in the sale, lease or rental. or in the use or
occupancy of the property or any improvements erected or to be
erected thereon, or any part thereof.
It is intended and agreed that the above and foregoing agreements and
covenants shall be covenants running with the land., and that they shall, in any
event, and without regard to technical classification or designation, legal or
othetiqise, and except only as otherwise specifically provided in this Deed, be
binding, to the fullest extent permitted by law and equity, for the benefit and
in favor of, and enforceable by, the Grantor, its successors and assigns,
and any successor in interest to the Property, or any part thereof, and the
owner of any other land or any interest in such land in the Project Agea which
is subject to the land use requirerionts and restrictions of the. Redevelopment Plan,
and the United States (in the case of covenant in clause (b)) against the Grantee,
its successors and assigns, and every successor in interest to the Property, or any
hereof or any interest therein, and any party ill Possession or Occupancy or -
the Property thereof or any part thereof. It is further intended and agreed that the
ent and covenant provided in clause (a) shall remain in effect until December 9,
.1999 (at which time such 'agreement and covenant shall terminate) and the agreements
and covenants provided in clause (b) shall remain in effect without limitation as to
time; Provided, that such agreements and covenants shall be binding on the Grantee
itself, each successor in interest to the Property, and every part thereof, and
each party in possession or occupancy, respectively, only for period as such
successor or party shall have title to, or an interest in, or possession or
occupancy of, the Property or part thereof. The terms "uses specified in the
Redevelopment Plan" and "land use" referring to provisions of the Redevelopment Plan,
or similar language, in this Deed shall include the land and all buildings, housing,
and other requirements or restrictions of the Redevelopment Plan pertaining to
such land.
SECTIOIN IV. In amplificat-ion, and not in restriction of, the provisions of this Deed,
it is intended and agreed that the Grantor and its successors and assigns shall
be deemed beneficiaries of t1le agreements and covenants provided herein, and the
United States shall be deemed a beneficiary of the covenants in clause (b) of Section
III hereof, both for and in their or its own right, and also for the purposes
of protecting the interest of the community and the other parties, public or private,
in whose favor or for whose benefit these agreements and covenants have been pro-
vided. Such agreements and covenants shall run in favor of the Grantor and the United
States, for the entire period during which such agreements and covenants shall be in
force and effect, without regard to whether the Grantor or the United States has at
any time been, remains, or is an ovnier of any land or interest therein to, or in favor
of, which such agreements and covenants relate. The Grantor shall have the right
in the event of any breach of any such agreement or covenant, and the United States
shall have the right in the event of any breach of the covenant provided in clause
(b) hereof, to exercise all. the rights and remedies, and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such
breach of agrcaw.ent or covenant, to which it or any other beneficiaries of such
agreement or covenant may be entitled.
SECTION V. This Deed is also given subject to:
(a) Easements, Restrictions, and Agreements of record.
(b) Covenants, Conditions and restrictions contained in Urban
Renewal Plan for the Central Downtown Urban Renewal Project,
Indiana R-66, dated November 1.5, 1967, and as recorded in
the records of the Recorder of St. Joseph County, South Bend,
Indiana on November 6, 1969, in Book No. 252 at Page No. 650
through 704 inclusive, and as it may be amended from time to
time.
(c) Provisions of the zoning ordinance of the City of South Bend,
Indiana, insofar as they affect this real estate.
IN WITNI-,',SS WHEREOF, the, Grantor has caused this Deed to be duly
_1't"
executed in its behalf by its President and/AlSse'c`r;-eary and has caused its corporate
seal to be hereunto affixed, this 27tb day of October, 1972.
CITY OF SOUTH BEND
DEPARTMENT OF REDEVELOPIIENT, Grantor
By
So'uch Bend Redevelopment Commission,
Presicient!
ATTEST:
:,.,.South Bend Rcd'-_�vc, opment Commission, Secretary
B. L. Wade I ,J Id r4,,(7-
BOOK 761 PAGE '19
pm
100K
STATE Or'INDIANA
ST. JOSEPH COUNIY SS
Before me the undersigned, a Notary Public in and for said
State, personally appeared CjIVY ori, SOU,,[, BENI), County and
DEPMIMEINT Or RCDLVEWpp4MjT
-by Fred J. Helmen, President and B. L. Wade, Assistant Secretary, of the
South Bend Redevelopment COmnission, and acImowledged the execution of the
foregoing Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal, this 27th day of October, 1972.
z- A,
Notary Public - Helm King
My,_Coirmissilon Expires: Jibe
Ttii,i instrument was prepared by
South Bend, Indiam 116601.
Department of Law
South Bend, Indians
,
Date Ianuar_Y2-. -1
TO: Rollin B. Farrand, P.B.
FROM: Robert M. Parker
SUBJECT: Central Downtown Project, R-66
Disposition Parcel 5-1 FE8 1976
Board f Public'W its
Attached is a title insurance policy in the amount of
$159,793•50for real estate in R-66, Parcel 5-1 for the
indicated real estate purchased by the City from the
Department of Redevelopment.
This policy should be filed with the documents showing
proof of title of the City to City -owned real estate
zf you have any questions concerning this title insurance,
please call me.
F` Robert P'rker'
Chief Deput City Attorney
RMP;az
attachment
cc: T. J. Brunner
ATICOR coMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HEREOF, PIONEER NATIONAL TITLE INSURANCE COMPANY (a Stock Company)
a California corporation, herein called the Company, lrisures, as of Date of Policy shown in Schedule A, against loss
or damage, not exceeding the arrOUnt of insurance stated in Schedule A, and costs, attorneys' fees and expenses Which
the Company may become obligated to ply hereunder, sustained or incurred by the insured by reason of°
7, Title to the estate or inlerest described in Schedule A beniq- vested otherwise than as stated therein;
2. Any defect in or lien or e.ncumbrance on such title,
3. Lack of a right Of access to and from the land; or
4. Unniarketability of such title;
This policy shall not be valid or binding Until countersigned below by a validating officer of the Company.
Pioneer National Title Insurance Company
I
by 'k')&Orj,
President
Attest U-1)" 4u,
Tecretary
ABSTRACT COMPANY OP ST. JOSEPH COUNTY, INC.
Countersigned,
ra
H.BBy Validating Signatory
"T'O I CqO PINT 1 (9-74) Ama ,'f ican Land Tit le AsSOC i Ut jon Owner's poil ley -- Fomi 13 — 19-/0 Gamended 10- 17-70),
is d
No. Date of Policy:
O-B 009036 1 October 24, 1975 at 8:00 a.m.
Amount of Insurance: Agent's Reference No.:
S 159,793.50 1 7'11 24676
I . Name of lnsured:
CIVIL CITY OF SOUTH BEND
2. Title to the estate or interest covered by this policy at the date hereof is vested in the insured.
3. The °eslate or interest in the land described or referred to in this Schedule covered by this policy
4. The land referred to in this policy is located in the County of St., Joseph
State of Indiana and described as follow,s�
A part of the Northwest Quarter (1/4) of Section 12, Township 37 North
Range 2 East, City of South Bend, St. Joseph County, Indiana, more
particularly described as follows: Beginning at a point on the East
line of St. Joseph Street 96.25 feet South 0024'52" East of the center-
line of Jefferson Boulevard; thence North 89038142" East a distance of
405.06 feet to the West line of a street that lies in a Northeasterly
direction and merges with Jefferson Boulevard, said street being in a
Northeasterly direction and is formed by the merging of New Wayne Street
and New Western Avenue from a Southwesterly direction; thence South
westerly a distance of 81.98 feet along an arc to the left having a
South 31*8147" West and a distance of 81-80 feet; thence South 24*38
10" West a distance of 145.56 feet; thence Southwesterly a distance of
114.11 feet along an arc to the right having a radius of 275.81 feet
and subtended by a long chord having a bearing South 36'029'15" West
and a distance of 113.30 feet; thence South 6206'53" West a distance of
43.30 feet; thence Southwesterly a distance of 151.54 feet along an arc
to the right having a radius of 268.81 feet and subtended by a long
chord having a bearing South 73029118" West and a distance of 149.54
feet; thence South 89038110" West a distance of 68.53 feet, said
point being the intersection of the East line of New St. Joseph Street
and the North line of New Wayne Street; thence Northeasterly a distance
of 189.97 feet along an arc to the left having a radius of 997-43 feet
and subtended by a long chord having a bearing North 5*2'37" East and
a distance of 189.68 feet; thence North 0102415211 west a distance of
165.14 feet to the place of beginning.
(2w75) AIMERICAN LAND TITLE ASSOCIATION OWNERS-1970
Schedule
Policy No.
a—B 009036
This policy does not insure against loss or damage by reason of the following;
Sfondard Exceptions. -
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection
of the premises.
(d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown
by the public records.
Special Exceptions:
1. Taxes for the year 1975, payable in 1976.
2. Tars for the year 1974, payable in 1975 Government owned Non -Taxable.
Lot 59,60,61 Ex No 66' Lot 59 (Key Number 01-03-18;003-0074 - South
Bend) 1974 Valuation: Land $37,950. No Imp. No Exemp. Total $37,950.
Lot 62 OP So Bend (Key Number 01-03-18;003-0078 - South Bend) 1974
Valuation: Lana $9,240. Imp. $540. No Exemp. Total $9780.
Lot 63 OP SBend (Key Number
Valuation: Land$9240. No Imp. ONoOExemp. 00Total $9240utka Bend) 1974
Lot 64 OP South Benxi (Key Number 01-03-18;003-0080 - South Bend ) 1974
Valuation: Land $9240. No Imp. No Exemp. Total $9240.
Lot 65 OP South Bend (Key Number 01-03-18;003-0072 - South Bend) 1974
Valuation: Land $16,170 Imp, $23,,390.. No 'Exemp. 'Total $39,560.
66-6`7 Original Plat (Key Number 01-0-18;003-0070 - South Bend,) 1974
Valuation: Land $32,340. Imp.. $18,200. No Exemp. Total $50,540.
Loft 68 32 Ft, N & S x 75 Ft. E & W SE Gor Lot 69 57 Ft, on St.. Jos.
& 90' Deep S Side Lot 69 OP South Bend (Key Number 01-03-18;003-0067' -
South Bend) 1974 Valuation: Land $30,140. No Imp, No Exemp. Total
$30,140.
11' X 90' So End Lot 70 & 9' X 901 Deep NW Pt. Lot 69 OP South Bend
(Key Number 01-03-18;003-0062 -,South Bend',) 1974 Valuation: Land
$3640. Imp. $360. No Exemp. Total $4,000.
(continued)
SCHEDULE k- (Continued)
O-H' 0,09036
W 18.75 X 11of E 75'Lot 70 & W J.8.75' of 75 x 34' NE Pt. Lot 69
OP South Bend (11,ey Number 01-03-18;003-,-0063 - South Bend)1974 valuation:
Land $2280. No Imp. No Exemp. Total, $2280.
W 18.75 x III of E, 56.25' of Lot 70 & 11 3.8.75' of 56.25 X 34' NE
T. Lot 69 OP South Bend 1974 Valuation: Lanc.3 $2280. No Imp. No
Exemp. Total $2280.
W 18.75' X 11' of 37.50' E End Lot 70 & W 18.75 of 37.50 X 34' IVE Pt
Lot 69 OP South Bend (Key Number 01-03-1.8;003.-0065 - South Bend) 2974
Valuation: Land $2280. No Imp. No Examp. Total $2280.
JAI
#
111111 1 SK, 1411111111
Ai. Resolution of Redevelopment Commission confirming an earlier
W;eclaratory Resolution dated November 15�, 19167 in regards to the
Central Downtown Urban Renewal Project No. Ind. R-616, recorded
#ctober 29, 1969 in Miscellaneous Record 252, pages 526 and 52'7;
Restrictions contained in the Contract of Sale Agreement dated
*ctober 19, 1973 and recorded October 25, 1973 in Miscellaneous,
Record 280, page 603 between City of South Bend Department of
Redevelopment and City of South Bend; also restriction contained in the
Quit Claim Deed between City of South Bend Department of Redevelopment
and Civil City of South Bend dated July 19, 1974 and recorded July
31, 1974 in Deed Record 789, page 447 in the Office of the Recorder
of St. Joseph County, Indiana.
.6.'Judgment for $46,423.32 plus costs now amounting to $28.50 plus
interest against defendant rendered September 26, 1975 in St.
Joseph Court, Cause No. F-7915 entitled "City of South Bend, Jerry
.r mille%v- :Tft'l- V Bland Board of Trustees of the Firemen's
Pension Fund of South Bend ats Glen A. Hess (etal) " entered in Judgment
D,ocket 97, page 119. (See Fee Book 388, page 115.) (End of Schedule "B")
INFLATION PROTECTION ENDORSEMENT
ATTACHED TO POLICY NO. O-B 009036
ISSUED BY
b0ioneer National Title Insurance Company
The Company, recognizing the current effect of inflation on real property valuation and intending
to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies
said Policy, as follows:
I. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance
provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual
upward adjustments in the manner and to the extent hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the
first January I which occurs more than six months after the Date of Policy, as shown in
Schedule A of the Policy to which this Endorsement is attached, and on each succeeding
January I.
1 An upward adjustment will be made on each of the Adjustment Dates, as defined above, by
increasing the maximum amount of insurance provided by said Policy (as said amount may
have been increased theretofore under the terms of this Endorsement) by the same percentage,
if any, by which the United States Department of Commerce Composite Construction Cost
Index (base period 1967) for the Month of September immediately preceding exceeds such
Index for the month of September one year earlier; provided, however, that the maximum
amount of insurance in force shall never exceed 150% of the amount of insurance stated in
Schedule A of said Policy, less the amount of any claim paid under said Policy which, under
the terms of the Conditions and Stipulations, reduces the amount of insurance in force.
There shall be no annual adjustment in the amount of insurance for years in which there
is no increase in said Construction Cost Index.
4. In the settlement of any claim against the Company under said Policy, the amount of
insurance in force shall be deemed to be the arnount which is in force as of the date on which
the insured claimant first learned of the assertion or possible assertion of such claim, or as
of the date of receipt by the Company of the first notice of such claim, whichever shall first
occur.
Nothing herein contained shall be construed as extending or changing the effective date of said
Policy.
This Endorsement is made a part of said Policy and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof,
Pioneer National Title Insurance Company
By
2 -") �11 President
A tlest: 41)
Secretary
In connection with a future application for title insurance covering said land, reissue credit
=um charges (if applicable at all) will be allowed only upon the original face amount of
rice as stated in Schedule A of said Policy.
f'K' Z-0
Department of Law
South Bend, Indiana
INTER -OFFICE MEMO
Date T,-ini1@-ry 23, !96
TO: Rollin E. Farrand, P.E.
FROM: Robert M. Parker
SUBJECT: Central Downtown Project, R-66
Disposition Parcel 5-1
Attached is a title insurance policy in the amount of
$159,793.50 for real estate in R-66, Parcel 5-1 for the
indicated real estate purchased by the City from the
Department of Redevelopment.
This policy should be filed with the documents showing
proof of title of the City to City -owned real estate.
If you have any questions concerning this title insurance,
please call me.
Robert P r
Chief Deput
RMP: a
attachment
cc: T. J. Brunner
cer
City Attorney
MAIL TO: South Bend Department of Redevelopment
Room 1200, County -City Building
South Bend, Indiana 46601
AUDITOR'S RECORD
TRANSFER NO.
TAXING UNIT
DATE Transfer, _._
I axing Unit
QUIT CLAIM DEED Date 3
(Public Redevelopment)
THIS INDENTURE WITNESSETH, that the City of South Bend, Department of I
development in St. Joseph County, Indiana, (hereinafter referred to as the
Grantor) conveys and quit claims to the Civil City of South Bend, (hereinafter
referred to as the Grantee) for and in consideration of One Hundred Fifty Nine
Thousand Seven Hundred Ninety Three and 50/100ths Dollars ($159,793.50), the
receipt whereof is hereby acknowledged, the following described real estate
in the City of South Bend, St. Joseph County, Indiana, to wit:
LEGAL DESCRIPTION
IN R66' D1
- FIISition Parcel 5-1B
A part of the Northwest Quarter IS/4) of Section 12, Township 37 North
Range 2 East, City of South Bend, St. Joseph County, Indiana, more
particularly described as follows: Beginning at a point on the East
line of St. Joseph Street 96.25 feet South 0'2452" East of the center-
line of Jefferson Boulevard; thence North 89'38'42" East a distance of
405.06 feet to the West line of a street that lies in a Northeasterly
direction and merges with Jefferson Boulevard, said street being in a
Northeasterly direction and is formed by the merging of New Wayne Street
and New Western Avenue from a Southwesterly direction; thence South-
westerly a distance of 81.98 feet along an arc to the left having a
radius of 360.81 feet and subtended by a long chord having a bearing
South 31'8'47" West and a distance of 81.80 feet; thence South 24'38'
10" West a distance of 145.56 feet; thence Southwesterly a distance of
114.11 feet along an arc to the right having a radius of 275.81 feet
and subtended by a long chord having a bearing South 36'29'15" West
and a distance of 113.30 feet; thencen South 62'6'53" West a distance of
43.30 feet; thence Southwesterly a distance of 151.54 feet along an arc
to the right having a radius of 268.81 feet and subtended by a long
chord having a bearing South 73'29'18" West and a distance of 149.54
feet; thence South 89'38'10" West a distance of 68.53 feet, said point
being the intersection of the East line of New St. Joseph Street and the
North line of New Wayne Street; thence Northeasterly a distance of 189.97
feet along an arc to the left having a radius of 997.43 feet and sub-
tended by a long chord having a bearing North 502'37" East and a distance
of 189.68 feet; thence North 0'24'52" West a distance of 165.14 feet to
the place of beginning.
SECTION I. It is understood and agreed that this Deed is subject to the covenants,
conditions, restrictions, and provisions of an agreement entered into between
the Grantor and Grantee on the 19th day of October, 1973, identified as "Contract
for Sale of Land for Redevelopment by a Public Body" (hereafter referred to
as the "Agreement") . The Grantee may not convey this property, or any part
thereof, without the consent of the Grantor until a certificate of completion
releasing the Grantee from the obligations of said Agreement as to this property,
or such part thereof then to be conveyed, has been placed on record. This
provision, however, in no way prevents the Grantee from mortgaging this pro-
perty in order to obtain funds for the purchase of property hereby conveyed
and for erecting improvements thereon in conformity with the Urban Renewal
Plan (herein called the "Redevelopment Plan") for the Central Downtown Project,
Ind. R-66, and applicable provisions of the Zoning Ordinance of the City of
South Bend, Indiana.
The terms and covenants of the Agreement pertaining to the redevelop-
ment of the real estate and to the improvements shall be deemed covenants
running with the land.
It is specifically agreed that the Grantee shall promptly begin
and diligently prosecute to completion of the redevelopment of the property
through the construction of the improvements thereon, as provided in the Agree -
Book 441
M1=
ment and that such construction shall in any event be begun within two years
from the date of this Deed and be completed within seven years from such date.
Promptly after completion of the improvements in accordance with
the provisions of the Agreement, the Grantor will furnish the Grantee with
an appropriate instrument so certifying. Such certification by the Grantor
shall be (and it shall be so provided in the certification itself) a conclusive
determination of satisfaction and termination of the Agreement and the covenants
of the Agreement and of this Deed with respect to the obligation of the Grantee'
and its successors and assigns, to construct the improvements and the dates
for the beginning and completion thereof; provided, that such certification
and such determination will not constitute evidence of compliance with or
satisfaction of any obligation of the Grantee to any holder of a mortgage,
or any insurer of a mortgage, securing money loaned to finance the purchase
of the property hereby conveyed or the improvements, or any part thereof.
With respect to such individual parts or parcels of the property which
the Grantee is authorized by the Agreement to convey or lease as the improvements
to be constructed thereon are completed, the Grantor will also, upon proper
completion of the improvements relating to any such part or parcel, and provided
the Grantee is not in default with respect to any of its obligations under
the Agreement, certify to the Grantee that such improvements have been made
in accordance with the provisions of the Agreement. Such certification shall
mean and provide (1) that any party purchasing or leasing such individual
part or parcel pursuant to the authorization contained in the Agreement will
not (because of such purchase or lease) incur any obligation with respect
to the construction of the improvements relating to such part or parcel, or
to any other part or parcel of the property; and (2) that neither the Grantor
nor any other party will thereafter have or be entitled to exercise with respect
to any such individual part or parcel so sold (or in the case of lease, with
respect to the leasehold interest) any right or remedies or controls that
it may otherwise have or be entitled to exercise with respect to the property
as a result of a default in or breach of any provisions of the Agreement or
of this Deed by the Grantee or any successor in interest or assign, unless
(a) such default or breach is by the purchaser or lessee, or any successor
in interest or assign, of or to such individual part or parcel with respect
to the covenants contained and referred to in Article IV of the Part II Agreement,
and in Section III of this Deed, and (b) the right, remedy, or control relate
to such default or breach.
All certifications provided for herein shall be in such form as will
enable them to be recorded with the Office of the Recorder of St. Joseph County.
If the Grantor refuses or fails to provide any such certification in accordance
with the provisions of the Agreement and this Deed, the Grantor shall, within
thirty (30) days after written request by the Grantee, provide the Grantee
with a written statement indicating in adequate detail in what respects the
Grantee has failed to complete the improvements in accordance with the provisions
of the Agreement or is otherwise in default, and what measures or acts it
will be necessary, in the opinion of the Grantor, for the Grantee to take
or perform in order to obtain such certification.
SECTION 11. In the event the Grantee herein, prior to the recording of the
certificate of completion hereinabove referred to, shall --
(a) Default in or violate any obligations with respect to the
construction of the improvements provided for in this Deed
LIJ and the Agreement, or abandon or substantially suspend con-
struction work, and any default or violation, abandonment,
or suspension is not cured, ended, or remedied within three
(3) months (six (6) months if the default is with respect
to the date for the completion of the improvements) after
written demand by the Grantor so to do; or
(b) Fail to pay real estate taxes or assessments on the property
or any part thereof when due, or shall place thereon any en-
cumbrance or lien not authorized by the Agreement with the
Grantor, or shall suffer any levy or attachment to be made, or
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any materialmen's or mechanic's liens or any other unauthorized
encumbrances or lien to attach, and such taxes or assessments
shall not have been paid or the encumbrance or lien removed or
discharged, or Provisions satisfactory to the Grantor made for
such payments, removal or discharge, within thirty (30) days
after written demand by the Grantor so to do; or
(c) In violation of the Agreement or of this Deed transfer the pro-
perty or any part thereof, and such violation shall not be
cured within thirty (30) days after written demand by the
Grantor;
then the Grantor shall have the right to re-enter and take possession of the property
and to terminate and revest in the Grantor the estate conveyed by this Deed to the
Grantee, its assigns or successors in interest. Such reversion of title shall, how-
ever, be subject to the lien of any outstanding mortgage authorized by the Agreement.
SECTION III. The Grantee agrees for itself and its successors and assigns to or
of the property or any part thereof, hereinbefore described, that the Grantee and
such successors and assigns shall --
(a) Devote the property to, and only to and in accordance with the
uses specified in the Redevelopment Plan, as hereafter amended
and extended from time to time;
(b) Not discriminate upon the basis of race, sex, color, religion, or
national origin in the sale, lease or rental or in the use or
occupancy of the property or any improvements erected or to be
erected thereon, or any part thereof.
It is intended and agreed that the above and foregoing agreements
and covenants shall be covenants running with the land, and that they shall,
in any event, and without regard to technical classification or designation,
legal or otherwise, and except only as otherwise specifically provided in
this Deed, be binding, to the fullest extent permitted by law and equity,
for the benefit and in favor of, and enforceable by, the Grantor, its successors
and assigns, the City and any successor in interest to the Property, or any
part thereof, and the owner of any other land or any interest in such land
in the Project Area which is subject to the land use requirements and restrictions
of the Redevelopment Plan, and the United States (in the case of covenant
in clause (b)) against the Grantee, its successors and assigns, and every
successor in interest to the Property, or any part thereof or any interest
therein, and any party in possession or occupancy of the Property thereof
or any part thereof. It is further intended and agreed that the agreement
and covenant provided in clause (a) shall remain in effect until December
9, 1999 (at which time such agreement and covenant shall terminate) and the
agreements and covenants provided in clause (b) shall remain in effect without
limitation as to time; Provided, that such agreements and covenants shall
be binding on the Grantee itself, each successor in interest to the Property,
and every part thereof, and each party in possession or occupancy, respectively,
only for period as such successor or party shall have title to, or an interest
in, or possession or occupancy of, the Property or part thereof. The terms
"uses specified in the Redevelopment Plan" and "land use" referring to provisions
of the Redevelopment Plan, or similar language, in this Deed shall include
the land and all buildings, housing, and other requirements or restrictions
of the Redevelopment Plan pertaining to such land.
SECTION IV. In ampllflcatlon, and not In restriction of, the provisions of
this Deed, it is intended and agreed that the Grantor and its successors and
assigns shall be deemed beneficiaries of the agreements and covenants provided
herein, and the United States shall be deemed a beneficiary of the covenants
in clause (b) of Section III hereof, both for and in their or its own right,
and also for the purposes of protecting the interest of the community and
the other parties, public or private, in whose favor or for whose benefit
these agreements and covenants have been provided. Such agreements and covenants
shall run in favor of the Grantor and the United States, for the entire period
during which such agreements and covenants shall be in force and effect, without
regard to whether the Grantor or the United States has at any time been, remains,
or is an owner of any land or interest therein to, or in favor of, which such
agreements and covenants relate. The'Grantor shall have the right in the
3 - I
Book 789 wE449'
Boox 789 %E'450
event of any breach of any such agreement or covenant, and the United States
shall have the right in the event of any breach of the covenant provided in
clause (b) hereof, to exercise all the rights and'remedies, and to maintain
any actions or suits at law or in equity or other proper proceedings to enforce
the curing of such breach of agreement or covenant, to which it or any other
beneficiaries of such agreement or covenant may be entitled.
SECTION V. This Deed is also given subject to:
(a) Easements, Restrictions, and Agreements of record.
(b) Covenants, Conditions and Restrictions contained in Urban
Renewal Plan for the Central Downtown Urban Renewal Project,
Indiana R-66, dated November 15, 1967, and as recorded in
the records of the Recorder of St. Joseph County, South Bend,
Indiana on November 6, 1969, in Book No. 252 at Page No. 650
through 704 inclusive, and as it may be amended from time to
time.
(c) Provisions of the zoning ordinance of the City of South Bend,
Indiana, insofar as they affect this real estate.
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly
executed in its behalf by its President and Secretary and has caused its
corporate seal to be hereunto affixed this 19thday of July, 1974.
CITY OF SOUTH BEND
DEPARTMENT OF REDEVELOPMENT, Grantor
Fred He men, President
Soleh- Bend.Redevelopment Commission
ATTEST:
VB..Wades, Assistant Secretary
'd
South Bend Redevelopment Commission
STATE OF INDIANA
SS:
ST. JOSEPH COUNTY
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT,
by Fred J. Helmen, President and B. L. Wade, Assistant Secretary of the South
Bend Redevelopment Commission, and acknowledged the execution of the foregoing
Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed
my official seal, this _I_qtj3- day of July. 1974.
Notary Public
Helen S. King
Conuiss:,Wn Expires: June 22, 1977
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ATTEST:
-5-
ACCEPTED
CIVIL CITY OF SOUTH BEND
"Til 1111, May,,
4^�.Q.,c.U— A, ,
Irene K. G ani orb"Clerk
4
This instr
ument was prepared by Kevin J. Butler, ROEMER, SWEENEY, BUTLER & SIMERI,
1221 St. JOseph Bank Building, South Bend, Indiana 46601.
Kff
DULY ENTERLD FoR T ,I ,
AUDITOR