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HomeMy WebLinkAbout#1000- Deed; Warranty - From Foundation, Inc. to City of South Bend-part of the SE quarter of Sec. 28, Twp. 38 N, Range 2 E. German Twp.I WARRANTY DEED from Industrial Foundation, Inc. to City of South Bend, A part of the S.E. 4 of Sec. 28, Twp. 38 N., Range 2 E., German Twp., described as follows: (SEE DEED), /fc-(. �-,,Lkek SP1-c_e C. BOARD OF PUBLIC WORKS INTER -OFFICE MEMO DATE: February 241986 TO: MICHAEL L. VANCE, DIRECTOR ADMINISTRATION & FINANCE 1 FROM: SANDRA M. PARMERLEE, CLERK�I\ RE: CERTIFICATE OF INSURANCE- MC CORMICK & COMPANY, INC. In regards to the Certificate of Insurance which you received and forwarded to me indicating McCormick & Company, Inc. as the insured, I discovered that the Board of Public Works is in possession of a Warranty Deed (#1000) from the Industrial Foundation, Inc. for the property on which the McCormick Spice Company is situated. I imagine that since the City owns the property, McCormick sends us a copy of their insurance coverage. If you are not familiar with the details of this matter, I would suggest that you talk to Mel Humphreys in the Engineering Department who has some knowledge of this transaction which took place in 1976. To my knowledge, this is the first time a Certificate has come to this office, as there are no others in the Warranty Deed file. Unless you have objections, I would like to place the Certificate of Insurance which you forwarded to me in the rranty file for this property. Sorry I could be more helpful. C " ED F5-9 2 6 1985 .lffr-U OF I lit GUN I DULLER CITY OF SOUTH BEND smp Enc. BOARD OF PUBLIC WORKS INTER -- OFFICE TO: MICHAEL L. VANCE, DIRECTOR ADMINISTRATION & FINANCE FROM: SANDRA M. PARMERLEE, CLERK MEMO DATE: February 24 1986 RE: CERTIFICATE OF INSURANCE - MC CORMICK & COMPANY, INC. In regards to the Certificate of Insurance which you received and forwarded to me indicating McCormick & Company, Inc. as the insured, I discovered that the Board of Public Works is in possession of a Warranty Deed (#1000) from the Industrial Foundation, Inc. for the property on which the McCormick Spice Company is situated. I imagine that since the City owns the property, McCormick sends us a copy of their insurance coverage. If you are not familiar with the details of this matter, I would suggest that you talk to Mel Humphreys in the Engineering Department who has some knowledge of this transaction which took place in 1976. To my knowledge, this is the first time a Certificate has come to this office, as there are no others in the Warranty Deed file. Unless you have objections, I would like to place the Certificate of Insurance which you forwarded to me in the Warranty file for this property. Sorry I couldn't be more helpful. smp Enc. J-14 Certificate of Insurance Ibis certificate is isuded at the request of: City of South Bend, Indiana DATE ISSUED: January 15, 1986 LL J This is to certify that the policy Indicated below has been issued to: NAME AND ADDRESS OF NAMED INSURED: McCormick & Co., Inc., and its affiliated subsidiary and associated companies and/or Corporations as now exist or may hereafter be constituted or acquired 11350 McCormick Road Hunt Valley, Maryland 21030 INSURANCE COMPANY: Aetna Casualty & Surety Company EFFECTIVE DATE EXPIRATION DATE December 14, 1985 December 1, 1986 PROPERTY COVERED AND LOCATION OF SAME: POLICY NUMBER 04MO8620SCA FOR AN AMOUNT NOT TO EXCEED: $1,500,000 Coverage: Real and Personal Property Perils: "All Risks" of physical loss or damage, subject to policy conditions and exclusions Deductible: $25,000 per occurrence Valuation is on a repair and replacement basis. SPECIAL PROVISIONS: As respects Location No. 17 (Location C-2), No. 3425 W. Lathrop Drive, Block 8, Phase III, Airport Industrial Park, South Fiend, Indiana, the above named is added as additional insured, A.T.I.M.A. epresentatin• `OR)A NO. 4116 k . tb°ln �.harlotte Cbicaggoo C'evelnad Denver )Detroit Hartford Honolulu Houston Los Angeles Miami Minneapolis New Orleans New York Philadelphia Phoenix otta_bargh rrthtnooddnd St. Louie San Diego San Francisco Seattle Wilmington 02=ntoa Montreel Quebec Toronto Vancouver Winnipeg CABLE ADDRESS"KERODEN" TELEX 83-5304 JOHNS ON & HIG GINS OF DELAWARE INC. —AaaZe'da, (ffd _41/ INSURANCE BROKERS -AVERAGE ADJUSTERS ACTUARIES -EMPLOYEE BENEFIT PLAN CONSULTANTS January 15, 1986 City of South Bend, Indiana Gentlemen: Buenog Aires Adelaide Brisbane Hobart Melbourne Perth Sydney Belem•= Belo Horizonte Ceznpinea Curitiba Porto Alegre Rio de Jenson Salvador Sao Paulo Santiago 13ogote Cali London Paris Tehran Milan Rome Padua Tokyo Auckland Christchurch Wallington um Hong Kong singnpore Taipei Corneae Meme bo Puerto La Cruz L Ur U THE AMERICAN INTERNATIONAL BLDG. SUITE 900 1105 N. MARKET STREET WILMINGTON, DELAWARE 19801 TEL. 571-5750 AREA CODE 302 Writer's Direcl Dial Number: (3021 � 7,61 MCCORMICK & COMPANY, INC. - PROPERTY INSURANCE AETNA POLICY #04M08620SCA According to our records, you were issued an Insurance Certificate showing property insurance carried by McCormick & Company, Inc., for a term ending December 1, 1985. Coverage was extended until December 14, 1985, and the policy was subsequently renewed. The enclosed Certificate has been prepared for you as evidence of the continuation of Aetna policy #04M08620SCA until December 1, 1986. If you no longer require an Insurance Certificate from McCormick, please return the enclosure to Mr. Dan E. Hanifen, C.P.C.U., Risk Manager, McCormick & Company, Inc., 11350 McCormick Road, Hunt Valley, MarVland, 2.1031-1066. Thank you for your cooperation. Very truly yours, Marilyn R. Roselle Property Account Administrator MRR/pab Enc. cc: Dan E. Hanifen, T. W. Duffy w t_ ndiana, i a.L / s ice -13 12r� ).0o et - et Gam`" �V 4=t doo Transfei- _ , Taxin flake � G,� 11, VTAY.r<<.1_.1 TY D'EED itld0l'; ALL KKN BY Tffl',;5TF, PRESE411'S that Ii4-DUs1IAL FOUNDATIO �7, INC. OF SOUTH BEND, IliDIANA, an Indiana corpora- tion, hereinafter referred to as "Grantors`, for and in consideration of One Dollar ($1.00) and other valuable con- sideration, receipt of which is hereby acknowledged, does hereby convey and ,Tarrant to CITY OF SOUTFI BERM, INDIANA, hereinafter referred to as "Grantee", the folloi,.ing described real estate located in St. Joseph County, State of Indiana,'to wit: A part of the Southeast Quarter of Section_ 28, Township 38 North, Range 2 East, German Tovmshin, St. Joseph County, Indiana, described as follows: Commencing at the Southeast corner of said Section; thence North 90 degrees 00 minutes 00 seconds ' West 990.00 feet along the South line of said Section; thence North 0 degrees 10 minutes 55 seconds East 40.00 feet to a _. point on the North boundary of Lathrop Street, said point being the point of beginning of this description; thence North 90 degrees 00 minutes 00 seconds West�433.81 feet along said boundary; thence North 0 degrees 05 minutes 56 seconds East 360.20 feet; thence North 0 degrees 16 minutes 23 seconds Hest 663. 77 feet; thence South 45 degrees 02 minutes 33 seconds Fast 189.08 feet; thence Southeasterly 342.38 feet along an arc to the left having a radius of 430.00 feet and subtended by a long chord having a bearing of South 65 degrees 28 minutes 36 seconds East a length of 335.17 feet; thence South 0 degrees 10 minutes 55 seconds West 751.26 feet to the point of beginning. Subject to the second installment of taxes for the year 1976, payable in 1977, subsequent taxes, applicable zoning ordinances, and to the following covenants and conditions which shall run with the land and be binding upon Grantee, its successors and assigns, to wit: C 0 V E N A N T S for the A I R P O R T I N D U S T R I A L P A R K P H A S E III South Bend, Indiana This conveyance is subject to the following restrictions which shall constitute covenants, contractual obligations and conditions running with the land and the grantee by the acceptance of this conveyance agrees to perform and abide by such restrictions on behalf of itself and its successors and assigns, to wit: 1. For all purposes of these covenants and restrictions, Airport Industrial Park -- Phase III conclusively shall be deemed to mean the following described real estate in Section 28, To%mship 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, to wit: Part of Section 28, Tovmship 38 North, Range 2 East, St. Joseph County, Indiana, described as beginning at the Southeast Corner of said Section 28; thence North 890 59' 5711 West along the South' line of said Section 28; 1982.031; thence North 900 00' 00" West along said South line 660.681; thence South 890 59' 03" West along said South line 661.271; thence North 00 00' 18" East 3535.88'; thence North 890 38' 18" East 984.50'; thence South 00 12' 54" East 762.09'.; thence South 00 13' S5" East 120.76; thence North 89050, 57" EAst 328.021; thence North-890 58' 56" East 1004.10'; thence South 00 21' 27" West 1284.4l';' thence North 890 36' 51"' East 990.72' to the East line of said Section 28; thence South 00 02' 02" East along said East line 1382.56' to the Southeast corner of said Section 28, and the place of beginning; containing 190 acres., more or less. Excepting therefrom a tract described as commencing at the Southeast corner of Section 28, To,.Inship.38 North, RAnge 2 East; thence North 990 59' 57" SVest along the South line of said Section 28 540.00' to the true place of beginning; thence North 890 59' 57" West along said South line 450.00'; thence North 00 10' S5" East 640.00'; thence North 900 00' 00" East 447.971; thence South 00 00' 00" West 640.00' to the true place of beginning; containing 6.6 acres, more or less. And further excepting therefrom a tract described as commencing at the Southeast corner of Section 28, Township 38 North, Range 2 East; thence North 00 02' 02" West along the East line of said Section 28 89S' to the true place of beginning; thence South 90° 4'iest'165'; thence North 00 02' 02" West 2641; thence North 900 East 165' to the sail Fast line; thence South 00 02' 02" East'264' to the true place of beginning; containing I acre, more or l.es. ik 2. For all purposes of tl;csf_, restl•ictiocis, the; term "Approval Committee" conclusivcly shill be doomed to i!!oan the 111Clllstl-lal Sites C(1mm.itt0Q. of Industrial Foundation, Inc . OE South Bend, Indiana. A majority of the members of such committee shall constitute a quorum of such committee and are vested with authority to make any decisions, perform any acts and execute any written irstrLunents of approval or consent required by these restrictions. The "Approval Conunittee" shall have full power to select, appoint, retain and use any agents or sub -committees of any type and nature as it deers advisable• to render such assistance to said "Approval Committee" and to perform such acts as said "Approval Committee" shall determine. 3. These restrictions shall be effective and binding on grantor, grantee, their respective assigns, successors in interest and all parties claiming by, under or through them until December 31, 1990, at which time these restrictions shall be automatically extended for successive periods thereafter of ten years each, unless owners of more than 75 per cent of the real estate located in said Airport Industrial Park - Phase III shall execute and record in St. Joseph County, Indiana, an instrument revoking or modifying such restrictions. Prior to December 31, 1990 these restrictions may be modified by recording in St. Joseph County, Indiana, an instrument specifying such modification or modifications executed by Industrial Foundation, Inc. of South Bend, Indiana, ,and by. the owners. of 7S per cent of the realty located in said Airport Industrial Park - Phase III. 4. No part of said real estate or any building structure or improvement thereon shall be used for other than industrial, warehouse or commercial non -retail sales purposes. S. No building, sign or other structure shall be erected, permitted or placed upon any part of said real estate which shall have any part thereof including, but not limited to, any idndows, eaves, steps, chimneys or other projections nearer than 60 feet from the nearest boundary line of any street or streets or which is nearer than 30 feet from any boundary line of said real estate which does not border a street. Miere the boundary line of any part of said real estate may border or be adjacent to a railroad track, a building or other structure may be permitted in such setback area upon securing in advance the written consent of the "Approval Committee." This paragraph shall not apply to traffic control signs which are not more than 2 square feet in area in offstreet parking areas. 6. No building or structure shall be erected, permitted or placed on any part of said real estate unless the exterior structure thereof is of stone, brick, reinforced concrete, glass, equivalent masonry constrtlCtiOTI or a combinationof these materials. Upon securing tl�e written consent in advance of. the "Approval Conmittee", materials other than as specifiecl in this paragraph may he used. COVENANTS - Pha ae I I I 3. 7• No excavation, or excavating :cnrk -hall be permitted on any part of said real estate except excaiati.orrs for the purpose of constructing buildings and tangible improvEnient� on such real estate immediately prior to and during the construct ion of such building; and tangible improvements, No soil, sand, gravel, mineral, aggregate or earth materials shall be removed from said real estate except as a part of such excavations made for the purpose of constructing buildings and tangible improvement., on said real estate. S. All of the aforementioned real estate and all buildings, structures, improvements and appurtenances shall be attractively landscaped and that portion of said real estate not used for buildings,.structures, parking areas, loading areas, driveways, streets and other landscaping shall be planted and maintained as a lawn in good condition with six inches of top soil. 9, No sign shall be erected or placed on any part of said real estate without first being approved by the "Approval Committee" in writing. 10. Adequate offstreet parking, loading and unloading facilities shall be provided and maintained by the ovners of said real estate for all employees, customers, agents, invitees and all other persons transacting business with either the owners or occupants of any part or all of said real estate. Screen plantings shall be installed and maintained between such offstreet parking areas and adjacent streets_ All offstreet parking, loading and unloading areas shall be paved or constructed of suitable hard surfacing and maintained in good condition: Adequate offstreet. parking -for the purposes of these restrictions shall be deemed to mean that 200 square feet of parking ;pace shall be provided for each two employees, customers, agents, invitees and other persons transacting business with the owners or occupants of any part of said real estate. Of £street parking shall be permitted in any area except it is deemed preferable that offstreet parking facilitte- should not be placed in front of the principal building on any tract. 11. No part of said real estate or any building or structure placed on said real estate shall be used for any purpose or in such a manner which shall be a nuisance to the occupants or ot•:ners of any other ad}oining real estate by reason of emission from said real estate, buildings and structures or the creation thereon or therein of odors, gases, dclst, smoke, noise, fumes, cinders, soot, vibration , glare, radiation, radioactivity, waste materials or any other means or ,ul)�tance� 12. NO inventory, iii proce;s, seini-manufactured items, finished 1>>1,)dr1citi, I,lOrlt eaulprnent, parts, rubblsh, wa-zte Irtaterials, or Other personal property be kept, or accuniulattied Oil .Iny part of s�ricl rc,nl estate outzL ldc of lnii ldings erected theron, except where -prior written of the "Approval (.t)rkiMIUCO" is srcurcd after i7c:ecluat.e scroen planting, fccnc rr,G, sc'lbac.k> and compl iancc with any other r..ondittr,ns regIjiled tberefor by 141c: "�lliprcru l lummittc:e" i COVENANTS - Pha=e 111 4. 13. All of said real estate and all buildings, structures, improvements, appurtenances, sign.-, jawns. landscaping, sidewalks, driveways, parking areas and entrances the-t-eon must at all times be maintained in a sale, clean and good condition. Indu-trial Foundation, Inc. of South Bend, Indiana, is granted the privilege but nct the obligation (which privilege it may exercise' or not at anytime and for such periods of time as it deems advisable in its - exclusive discretion) of maintaining any part or all of said real estate or any buildings, structures, improvement ) appurtenances, signs, lawns,• landscaping, thereon, where not properly sidewalks, driveways, parking areas and entrances of the "Approval Committee", and all owners, occupants maintained in the opinion lessees of such realty shall pay to Industrial Foundation, Inc. of South and Bend, Indiana, upon request the aggregate cost of such maintenance work and such realty owned, occupied or leased by expense applicable to that portion of such owners, occupants or lessee:. 14. Advance approval of the improvements described in this paragraph is deemed necessary to protect and preserve the desirability and property Phase III. Therefore, no construction, values of Airport Ar dustrial Park - relocation or exterior alteration of any buildings, structures, signs, exection, parking areas, loading areas, landscaping or other facilities may be commenced in advance the and completed on any part of said real estate without securing the "Approval Committee." The following written consent and approval of shall be submitted to the Secretary of the information, as appropriate, "Approval Committee" for its consideration of any pans. (a) Preliminary architectural plans for any proposed building, stricture ' or improvement. (b) A site plan showing location and design of buildings, structures, signs, . drainage, driveways, driveway intersections with streets, exterior materials storage areas, par -king areas, loading areas and sidewalks. (c) A grading plan and a planting plan, including screen walls and fences, control if any, for analysis of adequacy of vi ual screening, erosion - and landscaping. (d) A description of proposed operations on said real estate, an estimate a showing of the maximum number of employees contemplated and plan Iocations of utilities and easements therefor,if any. (e) Any other pertinent information requested by any member of the "Approval Committee" and an; information to show compliance Faith*, each'ar.d all of these re, tr fiction; . r .e In the event aid "Approval Committee", of its designatcd represcntat�ti fails to approve or di =approve -aid plans %,j tllin 30 days after Said pla"s have been clef iverecl to rho St�cr.etary of the "Approval Committee" such -31-A)170>al shall, 1-19 not be required, pI-ovtded, ho«ever it sh<<11 be the duty of. the person submltt.-r such plans to ascert.ain i'ioni the Secr�.tary of the "Approval Committee" �,fhether such plans have been appro+!end 01 disapproved within stticl 30 clay p;rio(I, COVENANTS - Phase III S. 15. Each owner, lien holder and tenant of any part of the above described real estate hereby agrees to cooperate in the planning, granting, executing, acknowledging and recording of all easements and instruments establishing such easements deemed necessary and reasonable by Industrial, Foundation, Inc. of South Bend, Indiana, for the further development of said Airport Industrial Park - Phase III which easements may include those deemed necessary for electric, telephone, gas, water and sewerage purposes and for railroads, entrances and access roads. Ib. If the grantee or its successors or assigns or any lessee or occupant the of any part of such real estate or any other person should violate any of herein, it shall be lawful and covenants, conditions and restrictions contained for Industrial Foundation, Inc. of South Bend, Indiana, any owner ! permissible adjacent to that real estate on which such violation is occurring or of realty contemplated, or the owner or occupant of any other real estate in said Phase III, regardless of whether adjacent thereto, ` Airport Industrial Park - of such persons, to prosecute any proceedings at law or any one or more in equity against the person or persons violating any of these restrictions or for any remedies that are available including, but not limited to, actions Foundation, Inc. of South Bend, for injunctive relief and damages. Industrial from any person or persons violating or Indiana, shall be entitled to recover these covenants, conditions and restrictions all attempting to violate any of without relief from valuation and appraise- attorneys fees, costs and expenses, incurred by said Industrial Foundation, Inc. of South Bend, Indiana, ment laws, the enforcement of -or the compliance with these with respect to securing restrictionsrhtoany ons, either' covenents, conditions ommencedb c Y itforsuchpurposeorpurpose•; at law or in equity, 17. Adequate storm drainage facilities shall be provided and the drainage maintained by the owners of said real estate. The design of the approval of the South Bend City Civil facilities shall meet with Engineer. 18. The invalidation or unenforceability of any one of these covenants, restrictions, or conditions shall in no way affect the validity or enforceability or restrictions which shall -remain of any of the other covenants, conditions full force and effect. The failure of anyone to insist on the performance in of any covenants, restrictions or conditions contained herein at any time shall not be deemed to bar, waive, or estop the right to insist on the performance thereof at a later time nor shall the failure of anyone to insist on the performance of ail}' Such covenant, restriction Or condition annulment at any time or times be construed to constitute an aba3';Ionment., or revocation Of such coventlnt, restriction or condition. 7/ 73 PFF Grantor certifies trim: no Indiana gross income taxes are due or payable respecting this conveyance. IN 11ITiIESS 1,11FEREOF, said Industrial Foundation, Inc. of South Bend, Tndiana does hereby ex-ecute and deliver this Warranty Deed as of this '�� day -Q 19L�: INDUSTRIAL FOU9)ATION, INC. OF SOUTH BENID, INDIANA awl By Warren E. McGill Its President Attest:, Alice Neddo Its Assistant Secretary STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, personally appeared Warren E. McGill and Alice Neddo, knoum to me and to me knoiin to be the President and Assistant Secretary, respectively, of Industrial Foundation, Inc. of South Bend, Indiana, and acknowledged the execution of the above and foregoing Warranty Deed for the uses and purposes therein set - forth. IN WITNESS G'HEREOF o hereby set mt nd and notarial seal this1 U��ti day of l (.c�i0 ` , 19 41,1 An._ Yovatch My commission expires: :Notary Public ,2 / 7� This instrument was prepared by Warren E. McGill, Attorney at Lair. Grantor certifies trim: no Indiana gross income taxes are due or payable respecting this conveyance. IN 11ITiIESS 1,11FEREOF, said Industrial Foundation, Inc. of South Bend, Tndiana does hereby ex-ecute and deliver this Warranty Deed as of this '�� day -Q 19L�: INDUSTRIAL FOU9)ATION, INC. OF SOUTH BENID, INDIANA awl By Warren E. McGill Its President Attest:, Alice Neddo Its Assistant Secretary STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, personally appeared Warren E. McGill and Alice Neddo, knoum to me and to me knoiin to be the President and Assistant Secretary, respectively, of Industrial Foundation, Inc. of South Bend, Indiana, and acknowledged the execution of the above and foregoing Warranty Deed for the uses and purposes therein set - forth. IN WITNESS G'HEREOF o hereby set mt nd and notarial seal this1 U��ti day of l (.c�i0 ` , 19 41,1 An._ Yovatch My commission expires: :Notary Public ,2 / 7� This instrument was prepared by Warren E. McGill, Attorney at Lair.