Loading...
HomeMy WebLinkAboutRedevelopment Commission Agenda & Packet 9.26.24 - SignedSouth Bend Redevelopment Commission 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana Agenda Regular Meeting, September 26, 2024 – 9:30 a.m. https://tinyurl.com/RedevelopmentMeeting9262024 or BPW Conference Room 13th Floor 1.Roll Call 2.Approval of Minutes A.Minutes of the Regular Meeting of September 12, 2024 3.Approval of Claims A.Claims Allowance 9/10/24 4.Old Business A.Staff Recommendations 410 W Wayne RFP 5.New Business A.Redevelopment Fund (a.k.a. Pokagon Fund) 1.Budget Request (St. Margaret’s House) B.River East Development Area 1.Budget Request (Northside Old YMCA Demolition) 2.Stephenson Mills Gintz Dr. Agreement (First Amendment) 6.Progress Reports A.Tax Abatement B.Common Council C.Other 7.Next Commission Meeting Note: Thursday, October 10, 2024, 9:30 a.m., BPW Conference Room 13th Floor https://tinyurl.com/RDC-Meeting-10102024 CITY OF SOUTH BEND REDEVELOPMENT COMMISSION SOUTH BEND REDEVELOPMENT COMMISSION MINUTES September 12, 2024, at 9:30 a.m. BPW Conference Room, 13th Floor, County-City Building https://tinyurl.com/RDC-Meeting-2T The South Bend Redevelopment Commission was called to order at 9:30 a.m. President Troy Warner presiding. 1. ROLL CALL Members Present: Troy Warner, President David Relos, Vice President Vivian Sallie, Secretary Eli Wax, Commissioner Leslie Wesley, Commissioner Note: Commissioner Marcia Jones has resigned, and the Commission thanks her for her 50 plus years of service. We will honor that service at a future meeting. Legal Staff: Danielle Campbell Weiss, Asst. City Attorney Redevelopment Staff: Caleb Bauer, Exec. Director, DCI Sarah Schaefer, Deputy Director, DCI Erik Glavich, Director of Growth and Opportunity, DCI Rosa Tomas, Director of Finance, DCI Joseph Molnar, Asst. Dir. of Growth and Opp., DCI Erin Michaels, Property Development Manager, DCI Tim Corcoran, Chief Planner, DCI Chris Dressel, Senior Planner, DCI Elizabeth Mayorga, Business Resource Specialist, DCI Laura Hensley, Board Secretary, DCI Others Present: Mike Keen, The Baker Group CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – September 12, 2024 2 Patrick Sherman, Project Manager, Public Works Eric Horvath, Director of Public Works Jennifer Huddleston, Neighborhood Grants Mngr., DCI 2. Approval of Minutes A. Approval of Minutes of the Regular Meeting of Thursday, August 22, 2024 Upon a motion by Vivian Sallie for approval, second by David Relos, the motion carried unanimously; the Commission approved the Thursday, August 22, 2024 regular meeting minutes on September 12, 2024. 3. Approval of Claims A. Claims Allowances 08.28.2024 B. Claims Allowances 08.28.2024 Upon a motion by David Relos for approval, second by Eli Wax, the motion carried unanimously; the Commission approved the claims allowances of September 12, 2024. 4. Old Business A. None 5. New Business A. Redevelopment Fund (a.k.a Pokagon Fund) 1. Budget Request (YSB and South Bend Thrive) Erik Glavich, Director of Growth and Opportunity presented the budget request of $120K covers the construction of sidewalks throughout the project site at the Youth Services Bureau and South Bend Thrive Development, which is taking place on the east side near the corner of McKinley and Hickory. There will be a community center and housing for at-risk youth, in addition to other services that will be provided there. The funding support for this project has not come before the RDC prior. This is a supplemental request that would allow the completion of the sidewalks on the site. Commissioner David Relos asked if the photo was slightly different from what has been constructed and Caleb Bauer, Executive Director of Community Investment stated that was correct and in a closer look at the photo there is a driveway that loops and has a street pattern CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – September 12, 2024 3 which will be a public street. Mr. Bauer clarified that the street will not go through Sorin Park however a sidewalk will. Upon a motion by David Relos for approval, seconded by Vivian Sallie, the motion carried unanimously; the Commission approved the budget request as presented on September 12, 2024. 2. Budget Request (TIF Area Expansion – Financial Analysis) Chris Dressel, Senior Planner, stated that there is a need for the expansion of our TIF’s, and adding some additional properties. The last such expansion was about 2 1/2 years ago and that was about 100 properties. The request is for 200 properties now. There have also been changes to the Riverfront Liquor License program where there's been some expanded eligibility. He explained that a Resolution will be introduced next month for permission to start the process and to approve this financial analysis and legal description. Commissioner Eli Wax asked if the cost is for the entire process and if an outside council has been selected. Mr. Dressel explained Baker Tilly has been used in the past and this is for the entire process. Commissioner David Relos asked about a particular area of expansion and Caleb Bauer, Executive Director of Community Investment stated #6 Kitchen and a new potential breakfast business in the Near Northwest Neighborhood is not part of River West Development area and is not able to take advantage of the riverfront liquor license. Also, areas around Portage Ave., near Meijer, SR 23, Rum Village Park area, IUSB, and the Southside have growth potential. Commissioner Eli Wax asked if any of these sunsets and Mr. Bauer believes that none of the three will sunset in the next few years, the West Washington development area will sunset in 2026 which is the 1st. district to sunset and River East may be the next one in the 2030’s. (The River East development area will sunset in 2033) Commissioner David Relos asked about the Pokagon Funding and Mr. Bauer clarified that for the sake of the agenda it is under this heading however, Redevelopment Fund (a.k.a Pokagon Fund). If the request is approved, it will draw an equal amount of funding from the impacting districts. Commissioner Vivian Sallie asked that the minutes reflect this. Upon a motion by Eli Wax for approval, seconded by Vivian Sallie, the motion carried unanimously; the Commission approved the budget request as presented on September 12, 2024. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – September 12, 2024 4 3. Budget Request (TIF Area Expansion – Legal Description) Caleb Bauer, Executive Director of Community Investment stated this is the same request for consulting services to provide the legal description. Upon a motion by David Relos for approval, seconded by Vivian Sallie, the motion carried unanimously; the Commission approved the budget request as presented on September 12, 2024. B. River East Development Area 1. Budget Request (Gintz Dr. and Stephenson Mills Parking Lot) Patrick Sherman, Project Manager, Public Work presented the budget request of $750K to cover the construction work started back in 2017, to regrade and repave Gintz Dr. from Colfax Ave. to Seitz Park. This fulfills City contractual obligations to Stephenson Mills parking lot following the Notre Dame hydro and Seitz Park projects. Public Works has worked closely with Cascades and Stephenson Mills to create a plan that works for everyone. The project includes new sidewalks and lighting and is scheduled to conclude by the end of 2024. Caleb Bauer, Executive Director of Community Investment stated that this was amended from the documents in the packet that was sent to the commissioners from $800K to $750K after the Board of Public Works received bids this past Tuesday. Commissioner David Relos asked if this covers the whole project and Mr. Sherman confirmed. Commission Eli Wax asked if this was part of the original agreement in 2017 between the parties and Mr. Bauer confirmed. Mr. Sherman stated that the East side will have grass and curbs at the parking lot and the Seitz Park project is scheduled to be completed September 27th, 2024. Mr. Matt Barrett, resident asked about why the request at this time and Mr. Bauer explained that this has been part of the project and didn’t feel it was necessary to request an appropriation prior to this point as the project is wrapping up now and hope to close out all the different pieces as part of that tri-party agreement. Mr. Sherman was happy that all the pieces came together, and all parties agreed. Parking is being restored as well. Upon a motion by Eli Wax for approval with the notation the total is $750K, seconded by Vivian Sallie, the motion carried unanimously; the CITY OF SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING – September 12, 2024 5 Commission approved the budget request as presented on September 12, 2024. C. River West Development Area 1. Second Amendment Development Agreement (Bakery Group) Joseph Molnar, Assistant Director of Growth and Opportunity presented the second amendment for the Ward Bakery building agreement. The property is in the middle of Near Northwest Neighborhood at the intersection of Portage, California and Cottage Grove. He stated that in August of 2021 RDC approved the development agreement with The Bakery Group for $3.75 million of private investment with $300K of funding from Redevelopment for a commercial center for small businesses and entrepreneurs to be completed within 36 months. The first amendment in June of 2022 as to how the funding would be spent. The Bakery Group has since added new windows, masonry repairs, HVAC system, plumbing repairs, new flooring, structural repairs, new roof, new skylights, and site improvements (photos & video were provided). Mr. Molnar stated that this second amendment is due to difficulty in sourcing materials and would extend the completion date by 18 months with no other substantive changes, however, is expected to be completed early next year. Mike Keen, President of The Bakery Group thanked the city and staff for supporting them through this process. He explained that the project will exceed the estimated $3.75 million to $5.2 -$5.4 million by completion. Phase 1 will have space for approximately 35 to 40 tenants and 6 retail spaces. On the lower level, there will be 13 spaces for maker, and studio space. There are going to be 18-19 office spaces called a co-lab. Tennent’s will have an entrepreneurial and small-scale development ecosystem with a kitchen area. He explained that the budget has jumped due to the focus on the exterior of the building and will be pleasing to the neighborhood. Mr. Molnar also stated that The Bakery Group has submitted all necessary reporting documents. Commissioner Leslie Wesley wanted to congratulate Mr. Keen and his team for the outer appearance and work being done. Commissioner Eli Wax stated that before and after photos would show the great progress thus far. Mr. Keen explained that supply chain issues with windows and electrical components have been challenging, however, the contractors are making progress. Mr. Barrett thanked Mr. Molnar regarding all the reports that have been filed and asked about using local contractors. Mr. Keen stated that The Bakery Group have used many local contractors and listed them. Mr. Keen wants to create wealth in the community, for the community, and will continue to seek minority contractors. Expenditure approval RDC Payments-9/3/24 Pymt Run GBLN-0087591 Payment method: Voucher: Payment date: Vendor# V-00000107V-00000107Payment method: Voucher: Payment date: Vendor# V-00000918V-00000918Payment method: Voucher: Payment date: Vendor# V-00001712Payment method: Voucher: Payment date: CHK-Total RDCP-00030615 9/3/2024 Name AMERICAN STRUCTURE POI NT INC AMERICAN STRUCTURE POI NT INC CHK-Total RDCP-00030616 9/3/2024 Name JONES PETRIE RAFINSKI JONES PETRIE RAFINSKI ACH-Total RDCP-00030617 9/3/2024 Name UBER TECHNOLOGIES INC ACH-Total RDCP-00030618 9/3/2024 Invoice# Line description 179007 Beacon District Project -SBMF Demo PSA 179011 Beacon District Project -SBMF Demo PSA Invoice# Line description 49608 High Street Improvements - Engineering Survey and Design 49518 High Street Improvements - Engineering Survey and Design Invoice# Line description 3B2F53 Commuters Trust Uber agreement 2024 Due date 9/12/2024 9/12/2024 Due date 8/30/2024 7/30/2024 Due date 8/31/2024 Invoice amount Financial dimensions $10,585.00 324-10-102-121-431 OOO-­PROJ00000528324-10-102-121-431000--$35, 111.00 PROJ00000528Invoice amount Financial dimensions 430-10-102-121-444000--$257.50 $1,195.00 PROJ00000410430-10-102-121-444000-­PROJ00000410Invoice amount Financial dimensions $1,132.37 433-10-102-123-439300-­PROJ00000383 Purchase order PO-0029313 PO-0029313 Purchase order PO-0027989 PO-0027989 Purchase order PO-0030939 Expenditure approval RDC Payments-9/10/24 Pymt Run GBLN-0088358 Payment method: Voucher: Payment date: Vendor# V-00000698 Payment method: Voucher: Payment date: Vendor# V-00001518 Payment method: Voucher: Payment date: Vendor# V-00001789 Payment method: Voucher: Payment date: Vendor# CHK-Total RDCP-00031015 9/10/2024 Name GREEN DEMOLITION CONTRACTORS INC ACH-Total RDCP-00031016 9/10/2024 Name SMITHGROUP INC CHK-Total RDCP-00031017 9/10/2024 Name Milestone Contractors North, Inc CHK-Total RDCP-00031018 9/10/2024 Name Invoice# APP #5 Invoice# 180787 Invoice# APP #2 Invoice# Line description Due date Monroe Circle Demolition 9/18/2024 Line description Due date Seitz Park - Amendment #7 Design Services 9/20/2024 Line description Due date 122-059 Angela Blvd Improvements Division 2 9/18/2024 Line description Due date Invoice amount Financial dimensions $74,470.00 324-10-102-121-444000-­ PROJ00000440 Invoice amount Financial dimensions 436-10-102-121-444000-- $12,635.40 PROJ00000079 Invoice amount Financial dimensions $1,187,352.04 429-10-102-121-444000-­ PROJ00000444 Invoice amount Financial dimensions Purchase order PO-0024348 Purchase order PO-0006606 Purchase order PO-0027675 Purchase order INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Theresa Heffner, Clerk Board of Public Works FROM: Patrick Sherman SUBJECT: Gintz Dr. and Stephenson Mills Parking Lot Project 124-054 DATE: September 19th, 2024 Greetings, The City is obligated to replace the Stephenson Mills parking lot as part of an agreement in 2017 related to the Seitz Park project. The City also wishes to replace Gintz Dr, which is between the Cascades building and the Stephenson Mills apartments, due to problematic grades and extremely poor condition. Engineering worked closely with our design consultant and representatives from both property owners to develop a plan that works for all stakeholders involved. This document will amend the previous agreement to reflect the work that will be performed on Stephenson Mills property as well as cover a portion of their legal fees related to the amendment. The project has been awarded and should be completed this year. Thank you and please call with any questions. FIRST AMENDMENT TO PROJECT AGREEMENT This First Amendment to Project Agreement (this "First Amendment") is entered into as of September 24, 2024 (the "Effective Date"), by and among FREG South Bend, the City and the University (each as defined below). For valuable consideration, the receipt and adequacy of which are expressly acknowledged, FREG South Bend, the City and the University agree as follows: I.Definition . In this First Amendment the following terms have the meaning given: (a)FREO South Bend: FREG South Bend Holdings, LLC, a Colorado limited liability company. (b)City: The City of South Bend, Indiana, acting by and through its Board of Public Works, its Board of Park Commissioners, and its Redevelopment Commission. (c)University: The University of Notre Dame du Lac. (d)Agreement: The Project Agreement, dated effective as of June 25, 2019, by and among (i) FREG Stephenson Mill Associates, LLC, predecessor-in­ interest to FREG South Bend, (ii) the City and (iii) the University. (e)Property: The real property and improvements, commonly known as Stephenson Mill Apartments, located at 322 E. Colfax, South Bend, Indiana. Any capitalized term used in this First Amendment that is not defined in this First Amendment has the meaning set fo11h for such term in the Agreement, and as used herein, the term "Agreement" shall mean the Agreement as modified by this First Amendment. FREG South Bend, the City and the University may be referenced herein individually as a '·E..ru:!y" and collectively as the "Parties." as context may require. 2.Additional Work. (a)The Parties acknowledge that, as of the Effective Date, the Project, is not complete. Pursuant to an agreement between the Uni versity and the City, the City has been paying, and continues to pay. to FREG South Bend $200 per day as the additional consideration required by Section 3)C.3.d) of the Agreement (the "Daily Fee"). From and after the Effective Date, Section 3)C.3.d) of the Agreement is amended such that the City shall be solely responsible for the Daily Fee. Notwithstanding anything to the contrary contained in the Agreement, the City shall, at its sole cost and expense, be responsible for the following additional work: (i) the removal of the East Drive and the restoration of the area comprising the East Drive and other surrounding areas to its prior condition including, but not limited to, sidewalks and landscaping; and (ii) the modification and improvements to the west side of the Property, in each case of clause (i) and (ii) as more particularly described on Exhibit A-1 and Exhibit A-2 attached hereto (clauses (i) and (ii) above are collectively referred to herein as the <;Additional Work"). The Parties further acknowledge and agree that any portion of the Additional Work originally required pursuant to the Agr eement to be performed and completed by the University shall now be the sole responsibility of the City. September 24, 2024 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 09/19/2024 Name Patrick Sherman Department Public Works BPW Date 09/24/2024 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Michael Schmidt Dept. Attorney Attorney Name Purchasing Mickey Lovy Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name FREG South Bend Holdings, LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Gintz Dr. and Stephenson Mills Parking Lot Project Number 124-054 Funding Source PR-00036145 Account No. 429-10-102-121-444000--PROJ00000079 Amount $2,500.00 Terms of Contract Contract Amendment Purpose/Description Agreement to perform work on the Stephenson Mills Parking lot and cover some of their legal costs associated with the agreement. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: PROJECT AGREEMENT University of Notre Dame du Lac, the City of South Bend, Indiana, by and through its Board of Public Works, Board of Park Commissioners, and Redevelopment Commission and FREG Stephenson Mill Associates, LLC 1) PURPOSE A. This Project Agreement (this "Agreement") sets forth the terms and conditions by and among the University of Notre Dame du Lac (the "University"), the City of South Bend, Indiana, acting by and through its Board of Public Works, its Board of Park Commissioners, and its Redevelopment Commission ( collectively the "City"), and FREG Stephenson Mill Associates, LLC, a Colorado limited liability company ("FREG Stephenson"), as owner of Stephenson Mill Apaiiments located at 322 E. Colfax, South Bend, Indiana (the "Property"), regarding their mutual interest in facilitating (i) a project for the construction by the University of a hydroelectric power generation facility to be situated adjacent to the dam on the St. Joseph River owned by the City for the purpose of providing renewable electric power for the University (the "University Project"), (ii) the restoration and renovation of Seitz Park by the City (the "City Project"), and (iii) the replatting of the Prope1iy and parcels adjacent to the Prope1iy to accommodate the foregoing ("Replat" or "Replatting" and together with the University Project and the City Project, collectively the "Project"). B. FREG Stephenson's current interests in the real prope1iy depicted on Exhibit A-1, attached hereto, is currently comprised of (i) fee simple interest in Lot 1 of the Opelika Minor Subdivision; (ii) an exclusive and perpetual easement in, and option to purchase p01iions of, the proposed Lot 1 and Lot 2 of Seitz Park Minor Subdivision ("Seitz Pai·k Subdivision"); and (iii) ce1iain easement and easement rights to use p01iions of the neighboring Lots 1-3 of the Cascade Minor Subdivision for parking and access. C. This Agreement will fmiher address facilitation of (i) construction access during the Project, (ii) tenant access and parking at the Prope1iy, on Lot 2 of the Seitz Park Subdivision and the East Drive (as defined below), during and after completion of the Project, (iii) compensation to FREG Stephenson in the event of negative financial impact to the Prope1iy (including leasing and business operations of the Prope1iy) during and immediately following the Project and (iv) Replatting of the Prope1iy resulting in (A) FREG Stephenson releasing its rights to Lot 1 of Seitz Park Subdivision and Lots 1-3 of the Cascade Minor Subdivision comprising approximately 0.58 acres as shown by cross-hatch-marks on Exhibit B attached hereto (the "Released Parcels"), and (B) the City conveying, for no additional consideration from FREG Stephenson, (1) fee simple interest in Lot 2 of the Seitz Park Subdivision free and clear of all liens, prior easements and other encumbrances, with the exception of the utility easements shown on the Seitz Park Subdivision, (2) a shai·ed, perpetual, non-exclusive ingress and egress easement over a portion of Lot 1 of the Seitz Park Subdivision, as described in Exhibit A-2, attached hereto, and (3) fee simple interest to FREG Central High Associates, LLC, a Colorado limited liability company ("FREG Central High") in the real property and improvements comprising the exclusive and perpetual easement in and option to purchase of Parcel 2 of 330 W. Colfax, South Bend, Indiana, consisting of approximately 2.24 7 acres, and more paiiicularly described and depicted on Exhibit C attached hereto ("Parcel 2 of Central High"); all in accordance with the terms and conditions of this Agreement. 2) CONVEYANCE; CLOSING A. Exhibit A-3 to this Agreement is the proposed Replat for the parcels adjacent to the Prope1iy, which such Replat has been approved by the Paiiies to this Agreement. The City fmiher represents and warrants that Wharf Paiiners, LLC, an Indiana limited liability company ("Wharf Paiiners"), and owner of Lots 1-3 of the Cascade Minor Subdivision, has approved the Replat. Notwithstanding the foregoing approval of the Replat, the Paiiies understand the same remain subject to the final review and approval by FREG Stephenson's lender ("FREG's Lender"). B. After final approval of this Agreement (including, without limitation, the Replat and the Easement Termination Agreement [as defined below]) by FREG's Lender ("Lender Approval"), and the filing of the Replat, at the Closing (as defined below), the University shall pay FREG Stephenson the sum of $500,000 (the "Purchase Price") as consideration of the Replat and the te1mination of FREG Stephenson's right, title and interest in and to the Released Parcels. The Replat requires review and approval ("Replat Approval") from the plat committee of the Area Plan Commission of St Joseph County ("APC"). C. Both the Released Parcels and the Prope1iy contain ce1iain easements and easement rights for Wharf Partners to use portions of the same for parking and access. The neighboring lot owned by Wharf Paiiners also contains ce1iain easement and easement rights for FREG Stephenson to use p01iions of the same for parking and access. The City shall cause all of the foregoing easements and easement rights to be terminated promptly after the recording of the Rep lat. The City shall also cause the easements and easement rights related to Parcel 2 of Central High to be recorded concunent with the Closing. Such terminations shall be documented by the applicable form of easement termination agreement set forth on Exhibit D attached hereto (the "Easement Te1mination Agreement"). The City shall obtain any consent, signature or other necessary approval of the Wharf Paiiners to the Replat and the applicable Easement Termination Agreement. Notwithstanding the foregoing, the Replat shall continue to contain a shared, perpetual, non-exclusive, ingress and egress easement over a portion of Lot 1 of the Seitz Park Subdivision for both FREG Stephenson and Wharf Paiiners, and their respective successors, assigns, tenants, visitors, occupants and guests to use the same. Such shared, perpetual, non-exclusive ingress and egress easement (including the maintenance, repair and snow removal obligations related to the same, which shall be the sole obligation of the City) shall be documented on the Replat. D. Notwithstanding any other provision contained herein, express or implied to the contrary, FREG makes no representations or wananties with respect to the physical condition or any other aspect of the Released Parcels, including, without limitation, (i) the conformity of the Released Parcels to past, cunent or future applicable zoning, building, subdivision, land use, health, safety, 2 3 environmental or nondiscrimination laws, statutes, ordinances, rules, regulations, orders, codes or other legal requirements or with any past, present or future documents of record, (ii) the existence of soil instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, (iii) the sufficiency of any under shoring, (iv) the sufficiency of any drainage, (v) the existence or non- existence of underground storage tanks, (vi) the potential for further development of the Released Parcels, (vii) the existence of vested land use, zoning, building or other entitlements affecting the Released Parcels, or (viii) the presence of toxic wastes, hazardous materials or hazardous waste in, on or about the Released Parcels (collectively the “Released Parcels Property Conditions”). Without limiting the foregoing in any manner, the City and the University acknowledge that FREG Stephenson has made no representations or warranties of any kind or nature concerning the Released Parcels Property Conditions, and the City and the University acknowledge further that each party is relying solely upon its own investigations and due diligence in regard to each and all such matters, and assumes the risk that the Released Parcels may or may not be suitable or feasible for any intended use by the City or the University. The City and the University each further expressly acknowledge that the Released Parcels are being sold and accepted “AS IS, WHERE-IS, WITH ALL FAULTS” and are being accepted without any representation or warranty. AS PART OF THIS AGREEMENT, THE CITY AND THE UNIVERSITY HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE ANY AND ALL ACTUAL OR POTENTIAL RIGHTS EACH PARTY MIGHT HAVE AGAINST FREG STEPHENSON REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR TYPE, RELATING TO THE RELEASED PARCELS, OR THE RELEASED PARCELS PROPERTY CONDITIONS. SUCH WAIVER IS ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED TO, A WAIVER OF EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR USE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, STRICT LIABILITY RIGHTS, AND CLAIMS OF EVERY KIND AND TYPE, INCLUDING, BUT NOT LIMITED TO, CLAIMS REGARDING DEFECTS WHICH MIGHT HAVE BEEN DISCOVERABLE, CLAIMS REGARDING DEFECTS WHICH WERE NOT OR ARE NOT DISCOVERABLE, PRODUCT LIABILITY CLAIMS, PRODUCT LIABILITY TYPE CLAIMS, AND ALL OTHER EXTANT OR LATER CREATED OR CONCEIVED OF STRICT LIABILITY OR STRICT LIABILITY TYPE CLAIMS AND RIGHTS WITH REGARD TO THE RELEASED PARCELS. Effective upon the Closing, and to the fullest extent permitted by law, the City and the University hereby release, discharge and forever acquits FREG Stephenson, FREG Stephenson’s manager and FREG’s Lender and their respective affiliates, officers, directors, shareholders, members, employees, agents and independent contractors, and the successors, heirs, personal representatives and assigns of each and every one of them, from all demands, claims, liabilities, obligations, costs and expenses which the City or the University may suffer or incur relating to the Released Parcel Property Conditions or any other aspect of the Released Parcels, whether known or unknown. The provisions of this section are material and included as a material portion of the consideration given to FREG Stephenson in exchange for FREG Stephenson’s execution and delivery hereof and performance hereunder. The provisions of this section shall not be construed to merge with the release of interest in the Released Parcels and shall survive the Closing or any termination of this Agreement. E. The transaction contemplated by this Agreement shall close (the “Closing”) on June 26, 2019 unless agreed otherwise in writing by the Parties. F. Prior to the Closing, the City and/or the University, as set forth in this Agreement, shall submit ( or cause to be submitted) into escrow with Fidelity National Title Insurance Company located at 8055 E. Tufts Avenue, Suite 300, Denver, CO 80237 (Attn: Lindsey Mann; Phone: (720) 200-1227, Email: lindsey.mann@fnf.com) ("Fidelity"), the following items ( each of which shall be properly executed by the applicable parties and notarized, if applicable): (i) the Replat; (ii) the Easement Termination Agreement executed and notarized by City and Wharf Partners, LLC; (iii) a Special Wananty Deed to FREG Stephenson for Lot 2 of the Seitz Park Subdivision; (iv) a Special Wananty Deed to FREG Central for Parcel 2 of Central High; (v) a Shared, Perpetual, Non-Exclusive Ingress and Egress Easement over a portion of Lot 1 of the Seitz Park Subdivision; (vi) the Purchase Price; and (vii) Such other documents or items as may be reasonably required by Fidelity to affect the consummation of the transaction contemplated by this Agreement. G. Prior to the Closing, FREG Stephenson shall submit (or cause to be submitted) into escrow with Fidelity the following items (each of which shall be properly executed by FREG Stephenson and FREG' s Lender, if applicable, and notarized, if applicable): (i) the Replat; (ii) the Easement Termination Agreement executed and notarized by FREG Stephenson; (iii) a release of mortgage/deed of trust by FREG' s Lender for the Released Parcels only; and (iv) Such other documents or items as may be reasonably required by Fidelity to affect the consummation of the transaction contemplated by this Agreement. H. Unless set fmth otherwise in agreements between the City and FREG Stephenson or FREG Central, real estate taxes, special assessments and other assessments, ad valorem taxes, district improvement impositions and the like with respect to the Released Parcels, Lot 2 of the Seitz Park Subdivision, and Parcel 2 of Central High ( collectively "Taxes") will be pro-rated on the basis of the 4 fiscal tax period for which assessed (based upon the maximum discount rate available, if applicable). Taxes shall be prorated at the Closing based upon the most recently issued bills therefor, and once the final tax bill is issued, if the Taxes set forth in the final tax bill are different from the amounts used for preliminary proration, then the proration will be recalculated using the final tax bill with any deficiency or over payment reconciled and refunded or paid by the City, FREG Stephenson or FREG Central, as the case may be. The obligations of this section shall survive shall the Closing or any termination of this Agreement. I. At the Closing, the City shall pay for: (i) the cost of an updated or new ALTA Extended Coverage Owner's Policy of Title Insurance (each an "Owner's Policy") for (A) Lot 1 of the Opelika Minor Subdivision, Lot 2 of the Seitz Park Subdivision and Shared, Perpetual, Non-Exclusive Ingress and Egress Easement over a portion of Lot 1 of the Seitz Park Subdivision for FREG Stephenson, and (B) Parcels 1 and 2 of Central High for FREG Central, each in the same insured amount and with the same endorsements as the existing owner's policy for FREG Stephenson and FREG Central; (ii) the cost of an updated or new ALTA Coverage Lender's Policy of Title Insurance (each a "Lender's Policy") in such amount and such endorsements as reasonably required by FREG's Lender; (iii) all transfer tax, stamp tax, deed tax, documentary fees or similar taxes imposed on account of the recordation of the deeds or the transfer of Lot 2 of the Seitz Park Subdivision and Parcel 2 of Central High; (iv) all recording fees; and (v) all escrow fees and closing fees of Fidelity related to these transactions. 3) POST-CLOSING RESPONSIBILITIES OF THE PARTIES A. Property Tenant Parking 1. The City will cause not less than 26 free parking spaces (the "26 Free Parking Spaces") to be provided at the site (318 E. Colfax, South Bend, Indiana) owned by Wharf Paiiners and located nearby the Prope1iy or (in addition to the 25 Parking Spaces, as defined in Section 3.A.2) within the existing parking lot adjacent to the Prope1iy (the "Replacement 26 Parking Spaces") for use by the Property's tenants and as paiiial consideration for the reduction in the number of parking spots for the duration of the Project. The location of the 26 Free Parking Spaces shall be in the area outlined on Exhibits E attached hereto. Prior to the commencement of the University Project, the University will, at its sole cost and expense, provide for reasonable pavement and striping of the 26 Free Pai·king Spaces, in addition to adequate lighting of the 26 Free Parking Space where necessary. FREG Stephenson will be responsible for general winter care of the 26 Free Parking Spaces including, but not limited to, snow removal and salting, but in no event shall FREG Stephenson by responsible for filling of any pot holes, patching, resealing or other such costs. 2. In addition to the 26 Free Parking Spaces, a minimum of25 parking spaces (the "25 Parking Spaces") will, at all times, remain available during the Project within the existing parking lot adjacent to the Prope1iy comprised of Lot 2 of the Seitz Park Subdivision and depicted on Exhibit F-1 attached hereto, as the same may be replaced 5 by the Replacement 26 Parking Spaces depicted on Exhibit F-2 attached hereto. Prior to the commencement of the University Project, the University will, at its sole cost and expense, build a "one-way" (from south to north) exit drive on the East side of the Property in the location depicted on Exhibit G attached hereto (the "East Drive") to allow for a more efficient flow of vehicle traffic with entry into the Prope1iy from Colfax A venue and exit from the Property using the East Drive. The East Drive shall not be used by any construction vehicles, garbage trucks, or construction staff, or any large vehicles and is intended by the used only for non-commercial light-weight vehicles typically owned by residents, guests, vendors and invitees of the Prope1iy. FREG Stephenson will be responsible for general winter care of the East Drive including, but not limited to, snow removal and salting, but in no event shall FREG Stephenson by responsible for filling of any pot holes, patching, resealing or other such costs. FREG Stephenson agrees to execute a temporary easement or other document reasonably acceptable to FREG Stephenson allowing reasonable modifications to sidewalks and landscaping to facilitate construction of the East Drive as well as vehicular access on both the east and west sides of the Prope1iy during the Project; provided, however, that promptly after completion of the Project, the University shall, at its sole cost and expense, be responsible for the removal of the East Drive and the restoration of the area comprising the East Drive and other sunounding areas (including any modifications made to the west side of the Prope1iy) to its prior condition including, but not limited to, sidewalks and landscaping. The obligations of this section shall survive shall the Closing or any termination of this Agreement. 3. Pursuant to City Board of Public Works Resolution No. 73-2016 and Section 20-3(a)(2) of the City Code of Ordinances, the City has established temporary parking along Colfax Avenue. The City agrees to designate and mark 12 parking spaces on E. Colfax A venue as "Residential Permit Parking" ( or similar designation as provided by City) and depicted on Exhibit E attached hereto solely for the use and benefit of the residents of FREG Stephenson during the te1m of the Project. The City will ticket parking violators in the course of its regular parking enforcement efforts. If parking violators become a chronic problem, then FREG Stephenson shall have the right to have any parking violators towed at such owner's expense and the City shall cooperate with FREG Stephenson to select a pre-approved tow company that will perfmm such services upon FREG Stephenson's request. B. Prope1iy Facade Maintenance 1. The construction associated with the University Project and the City Project are not expected to create significant dust or dirt from the Project worksite. Notwithstanding the foregoing, an initial assessment of the condition of the Prope1iy's building fa9ade has been performed by Keller Engineering, Inc. ("Keller") and is set fo1ih on Exhibit H attached hereto (the "Initial Assessment"). Within thi1iy (30) days of the completion of the University Project by the University and within thiliy (30) days of the completion of the City Project by the City, the same inspector that 6 C. performed the Initial Assessment shall be engaged at the cost of the University or the City, as the case may be, to determine whether reasonable cleaning of the Prope1iy's fac;:ade is directly wairnnted due to the performance of the University Project or the City Project, as the case may be. If such reasonable cleaning of the Property's fac;:ade is determined to be warranted then the University or the City, as the case may be, shall complete the same no later than 60 days after the date of such determination. If the University or the City, as the case may be, fails to timely complete the reasonable cleaning of the Prope1iy' s fac;:ade, then FREG Stephenson may complete the same and the University or the City shall reimburse FREG Stephenson for the cost of completing the reasonable cleaning of the Property's fac;:ade, plus a 15% administrative fee and interest at 10% per annum if not paid within 20 business days after receipt of an invoice. 2. Additionally, the construction associated with the Project is not expected to create significant vibration, impact, or other major physical disruption to the sunounding environment or infrastructure. To establish a baseline to determine if any such damage is caused as a result of the construction associated with the University Project, FREG Stephenson shall provide a comprehensive set of photographs and thorough video inspection, date-stamped within 10 days of Closing, that evidence in sufficient visual detail the physical structure or integrity of the Property. In the event of a claim by FREG Stephenson that the Project adversely impacted the physical structure or integrity of the Prope1iy, it will notify the University and the City and provide documentation to the University and the City of such claim and the adverse impact upon discovery of the damage and the rationale for the proximate causation of such damage by the Project to the University and the City and so long as the same does not constitute an emergency that adversely affects the health, safety or welfare of tenant's employees, customers, guests or invitees of the Prope1iy, or adversely affects FREG Stephenson's ability to conduct normal business operations from the Prope1iy ( each, an "Emergency Situation"), then the Parties agree to consider and attempt to resolve any such claims in an amicable, good faith manner. If the Paiiies are unable to resolve any such claim within 30 days after FREG Stephenson's initial notification of the same, or if there is an Emergency Situation, then FREG Stephenson may pursue any and all remedies at law or in equity. 3. The obligations of this Section 3.B. shall survive shall the Closing or any te1mination of this Agreement. Compensation for Impaired Rental Revenues 1. During the period set forth in Section 3.C. 2 below, if the total income for the Prope1iy collected by FREG Stephenson does not meet or exceed the baseline numbers set forth on Exhibit I attached hereto (the "Income Baseline"), then the University and the City, as the case may be, will reimburse FREG Stephenson, on a quaiierly basis, 7 for any reduction in income below the Income Baseline. FREG Stephenson will provide documentation of the total income collected for the applicable qumier and payment of any reduction in income shall be made within 30 days after receipt of such documentation. During the performance of the Project, FREG Stephenson will maintain a standard operating environment with respect to maintenance and landlord-tenant interaction/relations and will continue to provide services to tenants at a minimum at the level provided prior to commencement of the Project. 2. The University's reimbursement obligation pursuant to Section 3.C.1. above will only occur during the period of commencement of the University Project until six months after the University Project is complete and the City's reimbursement obligation pursuant to Section 3.C.1. above will only occur during the period of commencement of the City's Project until six months after the City Project is complete ( each, a "Recovery Period"). 3. For purpose of clarity: a) The University Project is anticipated to be complete within 12 months after the Closing. b) The City Project is anticipated to be complete within 12 months following the completion of the University Project. c) All construction under the Project will be deemed concluded once normal traffic and access has been restored to the University site related to the Project and Seitz Park, and the City has (i) repaved and restriped the parking areas on the prope1iy owned by FREG Stephenson and (ii) rebuilt the trash enclosure to match the condition depicted in Exhibit J attached hereto, which includes 48 parking stalls directly south of the Prope1iy and 13 parking stalls directly West of the Prope1iy as depicted on Exhibit K attached hereto and comprised of Lot 2 of the Seitz Park Subdivision. d) Notwithstanding anything to the contrary contained in this Agreement, if the Project is not completed within 30 months after the Closing (the "Outside Completion Date"), then the University or the City shall pay FREG Stephenson additional consideration of $200.00 per day for each day from the expiration of the Outside Completion Date until the Project is complete. 4. The provisions of this Section 3.C. shall survive the Closing or any termination of this Agreement. D. Project Documentation 8 1. FREG Stephenson shall allow the University to install not more than two (2) cameras on the Prope1iy in locations determined by FREG Stephenson to document the Project progress. Any such equipment shall be temporarily secured on the Prope1iy in a manner that shall not create substantial or permanent damage or impact to the Prope1iy. The University shall be responsible to FREG Stephenson for any damages to the Prope1iy directly related to the installation, operation or removal of the camera(s). The obligations of this section shall survive the Closing or any termination of this Agreement. 4) NOTICE All written notifications required hereunder must be sent via ce1iified mail or overnight carrier to the addresses designated below: The University: Associate Vice President, State and Local Public Affairs University of Notre Dame 405 Main Building Notre Dame, IN 46556 With a copy to: The City: Office of General Counsel University of Notre Dame 203 Main Building Notre Dame, IN 46556 Executive Director Venues Parks and Alis 321 East Walter Street South Bend, IN 46614 With a copy to: and Executive Director Depaiiment of Community Investment 1400 County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 Corporation Counsel 1200 County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 9 FREG Stephenson: FREG Stephenson Mill Associates, LLC c/o Forum Management, Inc. 4500 Cherry Creek Drive South, Suite 550 Glendale, CO 80246 Attn: Luke Davis With a copy to: Fisher & Suhr, P.C. 1125 17th Street, Suite 710 Denver, Colorado 80202 Attn: Edie M. Suhr, Esq. 5) REIMBURSEMENT OF FEES A. Concunent with the execution and delivery of this Agreement, and predicated upon the submission by FREG Stephenson of sufficient documentation thereof, the City shall reimburse FREG Stephenson for attorneys' fees and costs incuned in connection with the Project to date including, but not limited to, prior negotiations of the Temporary License Agreement For Site Examination, any Memorandum of Understanding and this Agreement. FREG Stephenson acknowledges receipt of payment of Five Thousand Dollars ($5,000), which represents the fees required by FREG Lemler to be submitted concunent with FREG Stephenson's request to review and consider this Agreement. B. In addition to the closing costs to be paid by the City pursuant to Sections 2) H and 2) I. above and the reimbursement obligations set fo1th in Section 4) A. above, the University agrees to reimburse FREG Stephenson and FREG Central for (i) the cost for services provided by Keller pursuant to Section 3)B.1., (ii) $6,000 for the cost of new appraisals required by FREG Lender, and (iii) attorneys' fees or costs (including but not limited to additional lender fees and costs) which exceed amounts already paid under this Agreement, incurred in connection with closing the transaction contemplated by this Agreement. C. The City and the University agree to resolve any excess payments made on the others behalf in a timely manner post-closing. 6) MISCELLANEOUS A. The Patties will coordinate press releases concerning the Project if any proposed statement includes any reference to any other Patty. To the extent possible, each Party shall provide notice and advance copy of press releases to the public relations office of the other patties in advance of public release. 10 B. The Paiiies agree and acknowledge that other construction in the vicinity of the Project not conducted by the University or the City shall not create obligations to the Paiiies pursuant to this Agreement. C. The Paiiies agree that they shall meet at least quaiierly during the term of this Agreement unless all Paiiies mutually waive such meeting, to review occupancy rates and the progress of the Project. D. This Agreement shall become effective when all Paiiies have signed and delivered it to the other Paiiies. The date this Agreement is signed by the last Paiiy to sign it ( as indicated by the date stated above that Paiiy's signature) will be deemed the date of this Agreement. This Agreement shall terminate upon completion of the Project or upon the mutual agreement of all Paiiies, at which time the University and the City shall have no fmiher obligation to FREG Stephenson, except those that expressly survive the expiration or termination of this Agreement. E. This Agreement may be modified only by the written mutual consent of the authorized representative of the Parties. F. This Agreement shall be construed and governed according to the laws of the State oflndiana, and any disputes arising hereunder that cannot be resolved amicably as set fmih herein shall be resolved exclusively in the State or Federal Comis seated in St. Joseph County, Indiana. The Parties desire to streamline and minimize the cost of resolving such disputes. In any legal proceeding, each Paiiy inevocably waives the right to trial by jury in any action, counterclaim, dispute, or proceeding based upon, or related to, the subject matter of this Agreement. This waiver applies to all claims against all Paiiies to such actions and proceedings. This waiver is knowingly, intentionally, and voluntarily made by all Paiiies. G. To the extent there is any legal action or proceeding between any of the Paiiies arising from or based on this Agreement or the interpretation or enforcement of any provisions related thereto, then the substantially prevailing paiiy or paiiies shall recover from the substantially non-prevailing paiiy or parties all costs and expenses, including reasonable attorneys' fees and costs, incuned by such substantially prevailing paiiy or paiiies in such action or proceeding and in any appeal in connection therewith. If such substantially prevailing paiiy or parties recovers a judgment in any such action, proceeding or appeal, then such costs, expenses and attorneys' fees shall be included in and as a part of such judgment. The obligations of this section shall survive shall the Closing or any termination of this Agreement. H. Each Party represents and ce1iifies that the undersigned person executing and delivering this Agreement on its behalf is the duly authorized officer or representative of such Party, that he or she has been fully empowered to execute and deliver this Agreement on behalf of such Party, and that all necessary action to execute and deliver this Agreement has been taken by such Paiiy. 11 I. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the Parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this Agreement or any term, covenant, or condition hereof, as third-party beneficiaries or otherwise, and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of the Paiiies herein. J. Neither the University nor the City may assign rights or obligations under this Agreement to any third paiiy without obtaining the prior written consent of FREG Stephenson, which may be given or withheld in their sole discretion. FREG Stephenson may assign rights and obligation under this Agreement to any purchaser of the Property or FREG's Lender. K. The University shall indemnify, hold harmless and, if elected by FREG Stephenson, defend FREG Stephenson and FREG' s Lender and their respective officers, directors, partners, agents, employees, parents, subsidiaries and affiliates, and each person who holds a direct or indirect ownership interest in the foregoing (collectively the "Forum Paiiies") from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorney's fees and litigation expenses) arising out of or in connection with: (i) bodily injury to or death of a person or damage to tangible personal prope1iy owned by a third paiiy to the extent arising or resulting from the negligent acts or omissions (including, but not limited to, willful misconduct) of the University or any of its officers, employees or authorized agents in respect of the Project; (b) the negligent acts or omissions (including, but not limited to, willful misconduct) of the University or any of its officers, employees and ( c) a breach of this Agreement by the University or any of its officers, employees or authorized agents. This indemnity shall not be construed to include claims, demands, liabilities, losses, damages, costs and expenses to the extent arising from the negligent acts or omissions of the City or the Forum Paiiies, their members, directors, officers, employees or agents. The obligations of this section shall survive shall the Closing or any termination of this Agreement. L. The City shall indemnify, hold harmless and, if elected by FREG Stephenson Mill, defend the Forum Parties from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorney's fees and litigation expenses) arising out of or in connection with: (i) bodily injury to or death of a person or damage to tangible personal prope1iy owned by a third paiiy to the extent arising or resulting from the negligent acts or omissions (including, but not limited to, willful misconduct) of the City or any of its officers, employees or authorized agents in respect of the Project; (ii) the negligent acts or omissions (including, but not limited to, willful misconduct) of the City or any of its officers, employees and (iii) a breach of this Agreement by the City or any of its officers, employees or authorized agents. This indemnity shall not be construed to include claims, demands, liabilities, losses, damages, costs and expenses to the extent arising from the negligent acts or omissions of the University or the Forum Paiiies, their members, directors, officers, employees, invitees, or agents. Notwithstanding the foregoing or anything in this Agreement to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. The obligations of this section shall survive shall the Closing or any termination of this Agreement. 12 M. Concunently with the execution of this Agreement, and thereafter upon renewal of such policies, the University shall deliver to FREG Stephenson ce1iificates evidencing the University's commercial general liability insurance, automobile liability insurance and workers compensation insurance, with limits of liability as cmTently maintained by the University shall also add the Forum Paiiies as additional insureds under these policies. The University agrees that insurance will not be canceled without 30 days' prior written notice to FREG Stephenson (unless cancellation is due to non-payment in which case only 10 days' prior notice will be given). N. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to a person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected thereby. Each term, covenant or condition of this Agreement shall be enforced to the fullest extent permitted by law. 0. This Agreement embodies the entire agreement and understanding between the Paiiies with respect to its subject matter and supersedes all prior agreements and understandings, written and oral, between the Paiiies related to that subject matter. P. Time is of the essence in the performance of this Agreement. Q. This Agreement may be signed and delivered by facsimile or electronically and the same facsimile or "pdf' signatures shall constitute original signatures hereof with all force and effect of law. This Agreement may be executed in counterpaiis, each of which will constitute an original and all of which together shall constitute one and the same document. [SIGNATURE PAGE FOLLOWS] 13 UNIVERSITY OF NOTRE DAME DU LAC By: ~~~- Name: :To!f7..' AffuZK -6/1.1wc~ Title: f.?\li' Date Signed: ~f:.....,./...L;---',:;---1-/_;;.o_l_i ___ _ !Li I 14 FREG STEPHENSON MILL ASSOCIATES, LLC, a Colorado limited liability company By: Date Signed: (p / 21-f { Zo 11 15 CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS ~ ~President Elizabeth Maradik, Member Genevieve Miller, Member Laura O'Sullivan, Member Atte~:.1 .~~ 1tt~n,Clrk Date Signed: , p~o ('7 16 SOUTH BEND BOARD OF PARK COMMISSIONERS Aimee Bucellato, Member ATTEST: I ~~ Eva Ennis Date Signed: 17 SOUTH BEND REDEVELOPMENT COMMISSION ATTEST: Date Signed::} Lt ne, l O 1-i-DI Cf 18 EXHIBIT A-1 -DEPICTION OF SEITZ PARK MINOR SUBDIVISION (SEE ATTACHED 2 PAGES) !.:.j. STEPHENSON IIILL APARTIIENTS -322 E,IST COLfAX AVENUE, SOUTH BEND, INDIANA 46601 LOT NUIIBERED ONE (I) ,IND LOT NUIIDERED TWO (2) AS SHOWN ON THE RECORDED Pl.AT Of "OPELIKA IIINOR SUDDIVISION" RECORDED AS DOCUMENT #9341067 IN ~HE OFFICE Of THE RECORDER Of ST. JOSEPH COUNTY, INDIANA AND A PART Of THE ~i,~!~~::.r c~~~E~oO:rfE;J~C:, i:.' Jg~~p~~':o~~;~~~iA:~NGE 2 EAST, PORTAGE -•-•-·---·-·---------·-I-·-·-·-·-·--------------·-·--i f !£AST COlFAX AYtrWE (BUSllESS U.S. HICH'HAY 20) ··--_____ ~ _ ~ ;;,,-,;;-~ ~,-;;;;;-_ t--____ 82.~' R/W _________ r-___ _ .a,o..~,~~~~•u· ~ • ir-..u-...... "'~....., \ ·-,·-I I I 11 I I I I I ---7 I I I 10 I L----, \ \ \ ----------, ·r--• _______ ,., __ ,., ____ 7·· ,./·--~-'.,/ -•··"""-......... "'_ o.__-~~ -....-nnr-c'-'CPJ ._ ....... --.. .. ,.nu-.._...ot ----v--..oDJ.r..c _..,., ____ O< ___ , __ .,.._ ----r_..v.u ----r--,or •I-U.f'O!IIIJl,t,."o, ,; •P,.._..,..,-N.-,o, i, --1r:itor,"6U1u..-n -u,rn,c;-11r,.-.,. PUT or SJIBYC( rw, l"M..'IEC1 IIO,. Qll:JJill Slt~IC"'-'11As:~)IU,U.C JU (tit Cdl'IO '-"""'• :S~.AJI 11"4, fl ~UQl 8 10101mxca::u1en ~=~;:-4--.,..,l'c':?.,9;~~.f~~~~=-------''<-,~,-' ~~~..:~~~..:::..-.::.·~-:::1.:Tt ,.a. """4A 1.11,1::i1,:\ 11'1"'4: -... -u H>Pt 11, HI! ""• .,..,...,.,~J\IIM-...:Oj'IFN)UII\IDCll,:.0.'-~-•--::~s:• ~"':';;.~--==~i:;;~:~-n~.a~-~~ \O'jt•MJUl>'COl'UICf'c,,,Q,u,_,,..,.,,.,zco,,. ~-·••N<-'Q ...... ,,, .. ___ .. ..c,.,_,. .......... ~ .. ~ .................... ~,1.--ru•vtmn amnw1 \,~::{ ~-~!' .. "~~..-it .. '; "t:-~--,l'o~~rt:::;!~~.J:-,/;;•:}:i-::-. I~ cu·r, 1-...: r~~P~E,?-:r~~.;~::tl:i!\!l,tf'~f~,~~l~::~rf;na ~~~~:.:';~~':'ti~_,_ u 0-t, U,o --....,_,Vi' t-.tal '•t>~ F• h l"I h•\ .. .,., ............ hit/ -_,_ ... ,,.. a .~ ... ~ 1>C'"I ... ,. ffln.,. ms~::-::~,:·~v;.g_t;:,',~'J~fb?~ ~1::.~·;~ •E· ·w.r~1.t: t..lf>d'tt.,:.,0.-.nJn. .. UH. <H?APHlC SCALE b J ·u Brads-Ko Engineering k Surveying, Inc. J0OII Soulh Jflnlh Sl. CO.fhcn. DI 44.524 Phone 67• 63:J-Hl,3' ru 57-t 633-"911 ALTA/AC~M LAND TITLE SURVEY STEPHENSON LULi. APAR'TMENTS~ 322 EAST COLFAX AVENUE, SOUTH BEND, INDIANA 46601 LOT NUMBERED ONE (I) AND l.OT NUMBE D TWO (2) AS SHO\IN ON THE RECORDED Pl.AT or "OPELIKA MINOR SUBDIVISION" RECORDED AS DOCUMENT 60341 67 IN THE OFFICE or THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AND A PART or THE NORTHWEST QUART.ER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TO\fNSHIP, CITY Ot SOUTH DENO, ST. JOSEPH COUNTY. INDIANA. PMCCL I IS A FU ~ l~f \t."iTtD Ill SfCf'H[USO'i WU. P>1'((L t nw tl4iT C>I' M JOnt•UT OJ<.O[TJ:lt fl lU'l\7'! IL T~ lf 1rp)11M. AA 10a-'4'11',0Tl'('(~~(T.l)SU't,lto,,,m,,,CW,.,.,~1'<0t«t<!O! AS tH,.-.-/o,,i b< llil:ct~O IUI U"UllXO.U.\tA IIAIY,UOt' ~o,:;a:o .U ttne( (IM~ f# n .. ou, .. CO,lllT. ,o,.-.-1,.'0 E',G ~ rNIJ Ug,.."•ff>) It t>( ~ C(ll:l.(• 0, tC' II, 5,1,1) POJ,,t fu-4 M H!W(( J:0,1-U••U l"(" U CQ.nJI ._f'J.K (I.LS IN) JJO flo'( "Uf IQ(l-• .-~J SCJl-i w ,r :n• t>S1 .11.0.-:: 1,10 wt11 •~1-u.,..., v.r, xi:,.,,"~ uu n1 fl.O.<l IWT~ or N" •rl>SI, au n,T>O.« f.OJN I'" 11· 1rus,., "' ~ _,.,. er ,u_..,.. 1u•, ~uo n.: n.c-..cc iov,i,1 u· u· IT ~r. 1~.-., n.: 1'><'-U ~ w .1J" •.-,.n,. 11.•J n4 n<>a !✓,)<.I'll.,. u· ,r w,, »u n, rca a.¢""' w »· ...-i u,~ "· It "< ~ 'OfT--(1"• .. r v•t ~«vu.-,,:,,.< (,,U, IJO). Tt-C.'<t "'-C"4 s,.11) 1;:,.ne l•«"o.1r U'<C ~ er s•· c-r[M\ kl nc: ,-0.,1 u n;,..,.,.,, f'AAC(L I tS ~ tuOIOtT lllfO.Uf \UICO II STtPKttlSOII w..l. >.UOQ.\ UC P,._Ktfl. I: ,0,,1 >-'4 IOUIJ1 17 ,-. toU,.C.\l "5 ~t'Ull N .\'I Cut\.0-l i,...~..,., ~a.~~""~J;~~J.,n~~~i.~.f::o _.,. ~...i...-,v.ro111.ShYfl"-""-"'M,.LC01 llll-rJl r,T"'(II.J:1U ...... """"" to,. RY.\~ 14 NIL 11:!C'DCUI UU\<1£'1 t. JOO) -S ~\o0,1 t,.Y!C" OJJT•Jl If 1\1( IT,~ CO,.'ffl' ~~ ~'Y&.'%~<~~W'~l~~t~ ~Wo-1 tJ ~-0 ,. ;,-Ml NI:! rtl' Jll~ "-I ~J!l,,1 ~ U\1('11 ti M'. II. J0'SV,I CO.,,T'I ,nc,,om. ~:tr~~"..&"~ '&!.1~ Mon fT .5i'fi1 w~~~ [CJ.I,! ~Jtr'i.F~Kf~~-~ »< S.,.JIM ~r:.:ari:n&r~Yc~Wlf'~i ,ir.co.v. ; ~J N-4 t(!,,(.l'TU a '-" Wt~l I.S D.S(lCSlD "" Cl.:11 CV-1' CCt9 Jl"C,1 M J.O.JI WUl ,tc,t,,IC;ll er.,#,_, .. , ut ,o.o. ..... ~ 10 un.,.., """"'°',.._, te=PCl"tl~"' 11.U'OS ~10'il, D<lto ,Iaf\lA.irr u. UK '-''O .q-cuca """'" J. UH "'ruo '-1:CO'O nl. u« Ut .. "":t:" -IIU~ Cl ST. F.1!17>1 a.o,r,TT, ,.~ .. IM, ; ~:.lN.llllCl~Wt~,C,.Tl,50:!(\0Sl:0"'.\~~1~111~ ,•ttll°""'Q.(l, Z:~,c~-',:1::"';"~,..cy;:'Z!,g~,~-Jtr.'~~,~~\.t7, IIH ltO<'I -JDC.ml a ,-'I ~ff:) ll,lJt. 0-'tll ~ 2. IIU, 11' .\Y.J llTo~ I~ ..U.4'1XWU \.UTTU 1"'2)(~, »t: coo.it. •-·u (" 'O>iQt It~ fV-Q ~T. <f<.. ~,~,~~~~~~c:3,~t~~r&..~.f...:tt r.=~1.:~ C,fl,C,Uc,;((.JIO;t'lt •• ~(C.. .. ..,,Nl-4..... "; 2 v 2 ( 3t1RVEY0R'S .fttPORT I t ,_ ,t(«;OC,,,,;:t WN mu; IU, ~ I.~ •I V 'I'<~"""' >:,,u,.s,,.,1nt c«lt. M fQIO,,-.',O ot:UI0-0.'I I.~ OO"HCJ4 ,M ll.•1nm l't~MI '"" """°"' ll'o'-:(nu.TQ N 1'>C UaG>?'Cf,S ti N I.HI "'() «A>t.11:1 n'"'--"1 COi MS ~ ....... UIJ.I t\'1',0 ,_,, 11 -t.C PlaJ"C•h:-.S ,t>I A-.,;, &Jl"(V,..U NW: 111. fKS d N1 .llU/"'-S,,, L&.'Cl T'I\C .,_~,t'r ti ~ JLIIC:Zlt a, U\C. 'IXU. "'-:ra.~ ~ .. ~~u:lo~~ ~ ~i~'r,!,r.,c:;~ U..C tra•u;a.i,,Tf0Cl1Jlol40011 o:ttlll'lttl:I NM cn"Ct C, M lllttt";;(t ~~l"~1(1f:.ffUAAr,,,o,1 ....U,'6-"-IS~ IIU.S (ffu,.l ,,.M 11.Cl',~I J.J ,t:c,c.,ui, "' fl-< [#,U P' 7N'4A~'--.Onl"Olrll'CD.UL&.'O(O'M'ITUIO trCC11:Un1H:01TttorM,ao<;,,t:1110FSt.»".vi,t 1-«UttM:,(ff,OIM~"U.WU/NO,l Ju,1~&.~~~"::: ~1' m~~::~"": ;l .-ec ,. &\Oa•>lltC,1-c~UI ~' (I') HC'°l:'II 4.11.Jl-~[Cl.1\Tt • .oi.""-~--H~:~~~~~u ~1:tMtZ l~twF:Jiht4=~m,;.i~~ifeF un,, ... "'O'I ~'IIJ'Oj""" TK I'll'lv.xtl "l\. JIJ.,:.0'11. u.c 111:tD CUCJl'li',(1,1 01:wt'<T .... -r.t, IU/CU. ..,_._e,w.si¢0i,.o,c:;1'nll'l!l:1.tAUJJll!!A :,,,.."'l,,'.,~:.S~'O'«fUl!tJII, Wirf t~~ c:t'otl.GK"' tr n.M,-.ct. fL "'"'-N lt•M:J 'i!: 1'ft~'I l">U.11 c•t 11) 11-Q loll Ill or ll<C 1,.1,0 t'f'IO .. "'-""11 o,.c <•lo, r,< ,v1 er s..o ~ ,.,,,.. Le>t ~1.1 ....,.....,~.,,.a 1/1 r.r.:-1 ~--:~t~t,~:;: ~ ~ e< f ~v.1!0! r,,o (IJ"' M ~ a s,,o crr,.i,,. :~u-~1~~ ~~1:'~"Cft!..~c.i_ ~~ol'\~ .,.,,u,.o "'' ,01 IM OTfl<r"'cn.arv.'4 ~N• tr'PW<r.'tfL w«l,,l'\.1 (n 0,."'!11!U1 lo\ ,~ •UT V"l ii,. or>-'<C er ,nu tut s.r:•,1""+ u-. cn-\1-t1.1 c~ ,.-, .,. ...,._,. l. ,v..,',(\C),11 •vr W::C R1Hl'I M .t.l'C\t. ca:v.-,ri, ~ .. --c.,. ~ ro tcO.C:C:C: "'"' M ...... u l'1' JC,,.l\a fL V,Q, ru ~ ~~cr~'c:;;~~ ":. .. ~~ .. fr·~,: ~O'I«~ ~ ... 1·~::.c~,rrnm-:rl#,~ ~,~ ~r. _,.n. .... ,fll! ... tst,•.r1>•1.o,rar~tM'I ?,:i.~~~1~1:/"c! ~~~~~1:~!~,~~~.".=s~~O'l~t~ 1, TtC ,cw,,.v.s ~ r,, U,1<0. --· I 11.1 l1f>.l\.51<l0 .. TK .CU 1.Yl DX-S COO UJO"lf~ "5 CAI.UC ,(Ill T~ l!,/f,!;'I' HS~ V«il Vfl'.FU-UJ,I HUITt.&tt Cl 11-Clnt M,tT l!!Ul l;'-', II, ))II 1.S A aui.,r or r,< OS:IU;a,Jo.'I 04 -t.Y•~"'l. • 11 Vf tJ"M:)'I -, TK V<tl•~,rn "' '1-'l ~«,irq,, V !of; V•U l.'-0 nw-.V.St~o,1W5.,_<r,U-.11~ r>lt 1' \·--.-.as U ~ l-0"-"'0llo :: ml ~~N I, Uf!Holc~~Off,• · f\\X'CC 00t TK oiTt or ,,c r~ rm w,,c, Nrf""(Allf;fOWM~l\'U.'<TC,,l~IWi.).,~Col((INS"T..Kh:. .. Of M: S\UCT lltL Ji U'mDII ta\lOIIX xfu l,l!ll CH N:Uf,U.,: ~t,,00.r0 h'CO(:( t1 M C&Tt /IT T,C ,,..., rnll 't'JI!:<, !":_1,.:.rg-:.,~ a:"° f'f(O,,I (V'C(.-.ct u .. (o,t:'Rr, U.\:n.l."' t>.....-i t,t ~ Lts ~t,:,,c Y "I ~ CM n,OCQ tGIA""Cl ,_."t ~ (r~ ,s P\.'LISl<I:> IT t,C:~fDC\, ~ W....«\'t'\t ,a.,cr (r(W.>I cr.v..._.,11, ,.w<i. "'..u!iD. i_t111am10. rmc1u ""e,rc, JA.'IJ,ltr &. 1011 MO 11 ..,, ""'"" • P'lCJ.l n.coo'kalua •at• 1-> •~ 1\.00) t\o-1". -~ 1-"UI.• -o ,,-vr-ovk'is :~,='J~~ Ulat,•JAq,;,vJ,CUr,';. .ltWU.Qil; 1;•' ,i.,,ai 1 "',, ,MU\ • .,.1fij(<ut ~ llSI c.cuu r.~ • «r><,,rto tu· 'HI( l'l,4lo,,C -Cf -.st .. It, f1,1,Y \tollO CM lOI J1 I.~ llO,C, •< ,OC'l"f I•< Of IDT II Cl I< ll(nR:O Tc, o=o>,1, M!-="' •.'11WJ<l't 10fil:ili . nlS ~ n I.WIU .'I flC lA.U IRK U'\'l\D-'-.0.l •'V. UL,, 'It,• (\'U.•-1..,\TflX'~) ,S Ill C)., '»:1,.'\CJ,1 110!(",tl 0, t,,( rr • .io,v,,I cc.. ..... l(WfO'l'I~ . ,, '! ' ,, .. 111 totu ~nl nl k<"tj" 0<~ ~~~: :;:: . :i:::::~ Tet:tl•toll _., l(~IIH\ Brads-Ko Engineering & Surveying, Inc. 1009 South Ninth SL Oodl,tl\ IH •64.H Phone 514 6'3-9913 f'u: 57.i 63l-Hll EXHIBIT A-2 -LEGAL DESCRIPTION OF EASEMENT AREA A PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF LOT# 3 IN THE PLAT OF "CASCADE MINOR SUBDIVISION" AS RECORDED AS DOCUMENT NUMBER 1808428 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE SOUTH 89°54'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF COLFAX AVENUE, A DISTANCE OF 19.00 FEET; THENCE SOUTH 00°56'55" EAST, A DISTANCE OF 123.85 FEET; THENCE NORTH 89°03'05" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°56'55" EAST, A DISTANCE OF 213.21 FEET; THENCE SOUTH 89°55'28" WEST, A DISTANCE OF 24.00 FEET; THENCE NORTH 00°56'55" EAST; A DISTANCE OF 336.94 FEET TO THE POINT OF BEGINNING. CONTAINING 0.17 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHTS-OF-WAY, EASEMENTS, AND RESTRICTIONS OF RECORD. EXHIBIT A-3 -PROPOSED REPLAT (SEE ATTACHED 3 PAGES) f h ; l I I t '™' Pf'5CBIPJPt A PAACD. LOCA?tD IN lHE NORTlfWEST 01.Wtt'EJl Of SECTlON 12.. 'Tt!WNSHIP 37 NORTH. ~ 2 &ST, QTY Of SOUlH BEND. PORTJ.Gt lOWMSttP. sr. JOSlJ'H COUHTY', IHDIAMA. BEINC >LL. OF I.CT # 4 >HD Olm.OT •A• 1N mt Pl.AT 0F "CASCAD£ WIOR SIJBDl"l1SION" IS R£CORDED AS DOaJMENT ~uwam 1801k211 IN 1llE ft[CClfl:DS or lHE ST • .JOSEPH COUN?Y, ~ Rf.CORDER'S OFF1X, .I.HO A POFmON OF \D1S # •, .$. e, 7, 13 IN lME PIAT OF "Mil.UR ii: CREEJ,( Atl0010N" AS REC0R0£D 1H PLAT 800k f 2 ON P,'Ct f 1• 04 'M: RECORDS OF SIJD COUKTY' AHD A POlfflON OF V-"=-'TED CR£EN Sllllll' AS VJ.C'Ji!ID PER ORDINA.HCE SHOWN IN B001C I 2 OH PACE I 2l7 IN TliE R£C0RDS OF SAJD C0IJNTY >.ND A P0RTION OF VAC'JED QKTZ ,WOI\JE PER R£S0I.IJT10H 29-1910 N COMMISSIONER's BOOK I 10 OH P>Ct # .Q 1M lME RtCOR0S OF SW COUHJY AND BEJNC. MORE: P,t,Rt1C\AJ,Rl.Y OESCRIBE?I JS! B£CINHIJrrlC JJ 1H£ HORTH£AST COFU«R OF LOT #-4 OF SA,10 ~ MINOR SU80MSIOH"; lHDIC£ M.OHG iHt E'ASl'Dn.Y UHE OF SA,10 LDT FDR lHE NEXr flCHl'" (IS) CO~. SOUTH 0S"20"Dr F.AST, 127J15 Fm, AHO SOtmi M'U7'11i1• WEST, 20.42 FEET, MD SO\ITH ~41• £A.Sr, 31~ Fm, AHO HOfmf 84"07'Ui-DST, 20.GO Fm, .AND SOUTH Ds-51'41'" rAST, .50.01 FEEi', .AND HOR?H M"DT1lil-DST, 7.30 F'EEJ', AND NORTH 04''18'40" WEST, 2.89 FEET, NID NORTH U41'20• CAST, 71S.11 FEEfTO lHt WEST RICHT-OF-WAY UN.E OF' cum: AVDNt: lHDICt SOUTN OS"~1•or DST ,l,Ll:HC $I.ID wtST RICHT-0,-WAY LINt. 211,-4% l"ttT: THENCt NOffflf S";lO'~ tAST (REC. HORTH ~•Ja• &\St), 24.00 FEET: nl£NC£ SOUTH Ol"S8"2•-EAST 228.50 FE£T (REC. S0UTii 03'34'So" E"ASI', 227..JO FED): lHOICE SOL/TH OZ42'5T WEST°, U4 Fm (REC. SOUTH 03"15°10• WEST, U0 Fm); 1HDIC£ SOUTH !SZ3V'54• WEST (Rte. SOUlH s:roo•15• v.ct), 32.aD FEET: 'TMENCE HCIRni 40"4ne" WEST (REC. N0R11i ~ wtsl'), 1le.U ~ '!HEMt% NORTM '"'2T-+O" WEST' (REC. NORTH <f0"07'2,-WES't), 34.03 fUJ: mENCE HORTH 3-i-"Jll'J.5• wtST, S8Jl2. FEET: l1iENt:E NOKIH 18"011'21"' D.Sr, 27.5+ Fm: 'OiDICE NOJmi 81"51'5J"' WEST, 1a.al Fm: lHDICE S0UrH Ot"6S'.58"' tlST, 1.07 Fm: lHtHCE NORTH 81"~'2:T' wt:sr. 111.DSl Ft£t'; lHDICE NOfmi 2G":,,:f<42" WEST, ~1 Fm: lHD«% NORni :z,4.•4;•04-• we:t", 2.1.1)0 FC£:n 'l'HO«:E NORTH 2Z'21"14"' WEST, 77.7G Fm: 1HDCC NORni 72'50'34-"' WEST, 2L15 f'[[J': Tlf!:NCE )IOJfflt 08"15"25"' WESI', 17.DG Fm: 1HDfCE NORTH 72'50'41"' WFST, 1G.!1 Fm"; 'JMDrlCE NORtH 44"39'0:r' Wf5T, ,48,,.# FEET TO A. POINT OF' INTERSECnoN wmt lliE S0UT1i IJNE or I.Or f2 OF' SW ~ WIHOR SUBOMSIOM"' EXf'DllEI) WEST; n<ENCE: M.ONC SAID o::n:NDED UNE. SOutM avsa•or FAST, 20,55 FW lO ll<E SOUTHWEST CORHER OF' OUTUrr "A' OF SAID "CA.SCAD£ MINOR SIJBOMSION"': 'THDICE ~C. '00: WEST' LIME or ~ 0IJll.OT "A" f'Olt 111~ NEXT lWO '2:, COURSES. NORTH 44'40'37" wtsr, 243.75 FEEi', ANlJ NORTH "'5"05'4T WEST. 13&.10 Fm TO 1HE 50Unl RIGHT-OF'-WA.Y UMt OF COi.FAX A.~ 1MDICE HORl'H !!;'47"03" E'ASI', M.1S FEEi' ALONC SA/0 soun< RIClff-oF-WA.Y TO nil: NDRTHF.AST CORHDl Of' SAJD oururr .,.,. OF SAID ~ MIHOR SUODIVISIDN"; "TMENCE ALON!; nu: OST UNE or SAlD oun.ar .,.,. f'0R 'THE HEXr 'THREE (3) COORSES. sount ocnz•,r asr. '8.011 ra:r. »10 SOUTM ..,-os·•r DST, +MO Fm, ~ S0utli +r..0'37"' OST, %12.10 Fm 10 niE SO~ CORNER OF LDT' IZ OF SW "CASCADE MINOR SUBDMSIOfri; tHENCE A!.OMC THE SOUTH UH£ OF' SAID L0T 12. SOllTH U'5a'10-£.ASI', 11-4.12 Fm T0 lHt SOL1THE'>,ST' CORNER 0F' SW LOT 12: lHDCE AI.DNC M DST' LM: OF SW LDT f2 AND LDT f3 Of' S1,1J "'CA.SCACE MIMOR SlJSOMSIOfri, HOltTH 00-,G'"'"' WEST, 272.-Q Fm lO THE SOUTH fllQff'-OF-UNE UHE OF cot.FAX AVEMUE: llOC£ JLONC !WO SOUT1-I RICHT-0,-WAY LINE. NORTH W47'DJ" E'>ST, ...,_n Fm lO lHt POINT or DtclKNNC. COHT.MNIHC, 2.l2 >QC MORE OR LESS JrrHO CONSSllHC OF' lWO (2l UJ'JS. S\JBJECT' TO >U. u:tM. RICHT-QF-WA.'WS, EA.StMDnS. AHO RfSTRICTIDNS Of RECORD. El QQQ PINN HM!: Fl000 HAlARD ARDS SMaWN AAC Da"INED ON ~ SCAt.m l'RCM iME COMWUHn'Y P)JrQ. MAPS ESrABUSMm BY F'.t.WA. FDR Fl.000 U6URAHC[ (COMMUNTTY PANEL HO. 111141C0%.110. D,t.TUl J>HJl,,lr( 011, 2011.) :smro: QtiS'Sf'lraDQH Mlif: """' 1, COLFAX AVDIUt :z. """""""" =-= C!ASSlf1CATl0N -· LilC'I. ., ... ISSHOWN ,s SHOWN TO lME BCST' OF OUR RESVACH, »m FROM lHE INFORMA.TION SUPPUED TD US B'I' 11-IE OWNER:.. AU. ~ OF RECORD Mt SHOWN OH lHIS PI.A.T. "lltPRG SfI'Y:C5 MDT· 9ULDINC SD'BAaCS SK,l,U. CONFCRM TO 1HE APPUC-'BlE PROWIOHS or TH:t ZQtUNC ORCINANCE. WiFMM Jf:lif'HP: @ WcW DSDIDIT DOC. NO. "4102.Je @ SA.Hll'.AR1'£A.SDilDITBK.eoa,PC.340 @ 1~. WICE: MN~ct I: UTIU1Y £ASEM£KT SEITZ PARK MINOR SUBDMSION PART OF THE NORTHWEST QUARlER OF SECTION 12, TOWNSHIP '37 NORTH, RANGE 2 EAST, CITY OF SOUTii BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNlY, INDIANA. (BEING A RE-SUBDMSION OF LOT # 4 AND OlJTLOT 'A' IN THE PLAT OF "CASCADE MINOR SUBDMSION" AND A PORTION OF LOlS # 4, 5, 6, 7, 13 IN THE PLAT OF "MILLER & GREEN ADDmON" AND A PORTION OF VACATED GREEN STREEr AND GINTZ AVENUE) ""' ="""'" s-..z;t,,::;i:;:I :.o-~ :::. ~oca.i::a r!('-') "" !,,~ ~~t'~~ LOT 1 p ~· • ""'f '~ .. ~'ff\J. .,.... car• "", LOT 2 ~3 s05'20~ C 121~· .;r.·•.,;,~·.,:r:,' -d.J.. ~~1l~•,c~i or--~-~1.0-...... c,.,."'"""' IDT4) j: ;;_ ~ I // ~~~ ----,: ::: ___ ~"''"""'"r------:-::~t~;~~~~~~~~~~~;~~~'.]g_!l:..:===:..:----=~::R/W:=:li, <,. •""'"~-~ -rzr:,,• RIVER aa11wr1rn1n:rmrvnrr•arr: ___ NILES AVE. s ~ EAST BA.CE lHE EXCl.LISN'E unurr rA.SD,t£KT SHDWH OH LDT I , or nus PU.r ts roR 'THt USE »c marr OF TME MPHIJUMAJJQN• • • F0UND IRONS o • ~/!"' IRONS SET, PJC. NAILS IH ~ X -OilSD.EO "r OH COHCRErt DWMERS N«1 'THOR A.SSCNS OF' SND LDT f 1. THt EXCUJSM: unurr EASEMENT MD. SliCMN IS TO NJJ1N F'CR 1HE PUCDlDff Of' PfWA~ UTIUTY LINES J.ND STIWCNRES >S ACREm 10 IIDWEDC lM£ OWNERS OF SAJD LDT f 1 ..-NO 1l1E ,,Nm DalHINC 10 PUa:: SW l"fWATt UllU1Y UHtS JrrH0 STRVCfl1f!fS. 11' IS UNDERSTOOD 1HA.T SAID t>SDCDl'I' SHALL "'1JN F0R. BUT Har UMl'TEII TD >,CCtSS »ID TO lHE CONSTRUCTIOH, ~a; ANO REPU.COIEHT OF SlrUI PRIVATE urn.m-LIMES >HO ~ J.S REDIJIREO 'T0 liWKtM-I 1HDR SEIMCE AND OPCM'TION. SAID PRIVAlE um.m UMES SKW. BE SUBJ[C'T TO Nf'f EXlSTtNC &.SDIDn'S NCI IU'STPIIC?lONS OF RtCORO. L-it-1 SYCAMORE I (66.0' R/W) 'R/W UH! + I t I n I~ ~ lz cur "X-C: ~no) Ii "' r ~ t -el~ 0 311' fl1 ~-UL.I b SCALE1•• 30' "@l!MlPft:i I: fNRNUB'5• DAHCH. >WtNER .It ASSOO-'TES. INC. 1~ COMMmct DAM: SOUTH BEMO, IN. 4Ga:2a (574) 2J4.....4003 AJ'Dl:MIQWl.lWO{ SIDUl::1PEBSt0YrNEBS· Cl!?ARTM!NT' OF ~ CRY OF SOUTM BEND 1200 COUtffl' CITY BUI.DIHC sount B0rD. IH~ 4'801 ll0M0 or PARK COMMISSIONERS arr or SOUTH BEND 321 E. WAtJDt STREET SOUTH DDID. IM 4Gtl14 IIITISIOIIS .. =1-.a~---.am~-----------"' li1 ,, j,: ill l SEITZ PARK MINOR SUBDMSION PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNlY, INDIANA. (BEING A RE-SUBDMSION OF LOT # 4 AND OUTLOT 'A' IN THE PLAT OF "CASCADE MINOR SUBDMSION" AND A PORTION OF LOTS # 4, 5, 6, 7, 13 IN THE PLAT OF "Mill.ER & GREEN ADDmON" AND A PORTION OF VACATED GREEN STREET AND GINTZ AVENUE) nrrn OE DfDPJJQH WE nt.E IJHO£RSICNlD. OWNERS or 'THE RtAI.. ESTAn: S>IO'l,N AND DaCRIBfD HEREIN, DO HERmf lAY OFF', PUJ', AHO SlJSOMDE SAIO R£>L ESTATE IN ACCORtWU wrrH lMC REOUIROlorTS or TH[ SUBOMSIOH CDH1'ROL. ORmNAHCC or lM[ arr OF SOUTH DDIO. INCIANA. mes SU!!DMSIOH S>W.1. 8£ kN0WN AND OES>CIW'[O J& L R.L HNU-IDt. HEREBY CERTIN COMPLIANCE wrrH Tl4E tAWS or R£PAESOITS A. SLnM:I" COWPL.a 2011!: llii\T lHE l..0CATIOH, Stzl:. ~~IN SEnZPARKl,IJQfSUltlMSJ:lN ALL sm:DS. RICH'fS-Of'-WA'I'. AL1£l'S. FUruRE RONJ«A'I' D.SElU'MT'S. ANO PIJBUC 0PDI SP~ SHOWN NIU HGT HERDCFOR£ DEDtCATED, HOW AR£ HEREBY DEDClr.TEO TO nlE PIJBUC FOR TH£ USES D£S1QW'ED HEREIH. FRONT BW.DINO SEraM::K UHES J.RE ~ EST,'J!USHm ,.S SH0WN ON ~ PlAT, 8EMEH WHl0i LINES »ID lHE RJCHT-or-vw lK: OF 1HE S?RtO(S'), lH£RE sw.u.. m: ERECTfll OR w.lHtArlND) NO BVtLDINC OR STRUt=TURE. lM[ ARE,.s or QtOUN0 ~TEil OH 1>1IS PLAT AND l,wocm ,.s "f.ASEMDnS" ARE RESERVED FCR lHE ~ >S DESIGNATED FOR THE USE OF lHE PIJBUC UJ1LmES AHO tnUDE BUT ARE MOT UMITm TO lHE ~H OF WAtD1 ANO SEWER WilNS, POU$, DUC'IS, LDU:S .lrrHD MtES. DR.A.l>W:£ r.-c,.,me::s. JI«> ACCESS FtlR PRESENT OR FUTURE CEMJ.DPMDrr, sua.ra:r AT >U. 11ME:s TO lHE PROPtR AJJniOMlt:S N-1D T0 1lit tASDfENT HERDH ~ HO f'EKMANtHT OR onEt snaJCNPl!S Nii£. lD DE: am::n:D OR liU.INWHD> UPON ~ EASDIOOS OF LAN>. BUT THC OWl«RS OF SW L0lS IN lHIS SU9JMSK»,I SWU TN<£ lHDR mLES SUBJtcr 'TO lHE RICHTS OF' TH£ P1JEllJC U'l1JTl£S, IJ,I) 'TO M Rll:Kl'S or ll!E OWNERS OF na:: OTHDt lDTS JH lHIS IS: 'TO ctRTtN 'OW "THE UNDOl:SICN%! AA[ lHE OWNCXS or THE I.AND DESallBED IN "THE Pl.AT HERDN. »ID TW.T 'THEY HA.VE CAUSED 'n£ w.ct TD BC SUftllE'l'tD AHO stJeOMDa> ,.s IHDICA1tD 1HDWR FOR 1)1£ USCS: AND NJR10SES lHtRElH :.Er l"0RlH, NW 00 HDEl'I' ~ .ANtl NXJf"r 'THE PV.T UNDER lHt srn.E Nil 'ffl\£ T1£Rf:0N IHDIC\lED. DA'Tm 'T\ftS ruv or ____ 2010. ecwm or PJ.RIC COMMlSSl0NCRS arr OF SOUTH MND .321 E. WAI.TDt srREEr' sounf BEND, IN 4el!14 OAMO A!l.0S WiRK N£AL. PRESIDDn' REDEVELOPMENT' COWMISSKJi BOARD or PARK C0NNISSIONm5 arr OF S0IJl'H !!DID arr OF SCUil{ BEND Nat'¼BWiDPH SJ2IIMHI': STA1£0r NtxAKA. "" COUNTY OF ST • .J:!SDll,4 J BEftlRE J,tE 1'HE UH!IERSIGNED NOTAR'J' PUBUC, IN AND FOR SND COUNTY Nl0 sr>.Tt DID PERS0fWJ.'I' APPEAA 1l£ IBt:NE. HOlE) PERSON(S). N<D (£>CH) SEPJN.ttl.Y AND S£VDW.l.Y >CICNCMUDCfD lME FORECOOC INSTRUMENT' J,,S HIS (n(EJR) WUfflNl'r' N::f »m om FOR nu:: PURPOSES lHERDN EXPR<SSCD. W11NESS M'I' H.1rrHD A.ND NOTARIAL SF.AL n«S _____ DAY OF _____ 201;. Mr COMMISSION OCPvtts ~ 1:S. 2022. --,......,_=,:--.,_'"""'IWICK=,---HOTARI' PUB.JC R£Sl0Drr OF' sr. JOSEPH C0I.H1Y ;,ccuRA,TU.Y SMCM'H AND lM/1.T THE Ma,M,(£)f1S Will. BE NSTALLECI IN TH[ PRCMSIONS OF lHE SUlllMSION C0NIR0I.. OROOW«:E or arr or -RJ.. 1-WtNER 1910032. 1 AFF1RW. IA'IDER lHE PEJrULl1ES FOR PDUUR'I', 1>W I HA.VE TAICDC R£AS0twll.£ CARE: T0 RmlCt' OCH SOC:W. SC:URm' N\JMBDt IN THIS coc:uMENT w,a,.c:;:. RtQUlRED B'I" t»t.• BOII..I...""' Sll!MlPSS 0: ENrnH0'8$· OANot, HARMER ,r; ASSOOAJ'ES. INC. 11"3C01r,11,CERC£0RN'E :.ountBOID,IM.~S2tl ("14)234--4003 Amt MICHAll. ~O( .~_!!1=1r. s:c r~-lt:-:1~ .. 1~~ ltlTIS!OllS i'I i• •I !' I IFPNPfZSleIPtt:: A PARCEL. L0CJ.TED IN lHE NORT1ftlltSI' QIJNn'ER or SEcnoH 1:Z. 'TCWNSXIP ~ NORnt, P.Ntc:£ 2 EAST, arr OF scunt BEND, PORl'ACE 'TOYMSHIP. ST. JOSEPH COUNtY, 1ND1AHA. 8EINC >LL CF UJT I 4 mt> oun.ar "'A"' IN THE Pl.Al OF' "CASCADE MINOR SUEIJMSIOM" l,S R!.C0RDED J,S ooan.cDfT' H1JM8ER 1808428 1M 11-IE RECOltDS or mt sr. JOSEPH coutm', ND(N,I,\ P!ECOlmER"S OFFICE, ANO A PORnOH or lmS # 4, ~ II, 7, 13 1K nt£ Pi.AT or "MIIJ.m a: CREtN ADDmON" AS RECORDED IN Pv.T BOOK # 2 ON PlrCt # 14 1H M R£COROS OF' SAID COUMTT AND A POR'J\ON or YACATm OR£EN srREEr l,S YJrCAml PER ORCIHAHCE g,toWN N 8001( # 2 ON PAC£ I 231 1H 1'H£ RS:CRDS OF SAID C0UN1Y AND A P0RTl0H or V>C.AltD C1tnZ A'IENLlt f'tR RCOWnON 21-191 IS 1N COW~NER'S BOOK I 10 ON PACE f 43 1H THE RECORDS Cf SAE C0UHrr HCI BEN: M0Rt PARJX:UlAAl.Y 0£s:CJl:IBED JS: BECIIOONC AT 't11E HORl'HE'ASr CORNER OF lllT 14 OF SAlD "'CASCJrOC MINOR~: ™EHCt Al.OMC TllE t.ASTEJlt.Y UHE or s.w LDT m THt HDCr EIQft' (a) CCURSE:S, soun-i °"20100· EAST, 1%7.85 Fm', AHD SOUTH U'OT1SI" WEST, 20.82. Fm, »ID SOUTH OS"'3l'i1" r>sr. 31~ FtET. AND NORTM M°'Dr19"' ~. 20.10 Fm, >HO SOUTH 05"52'41* Et.Sr, 50.Dl Fm, N«J NORTH &n1r111• ~. 7.30 Fm', Nm HOlfl'K 04"15'-40"' WEST, 2.80 Fm", ANO MORTH ~-41'20"' £A.Sr, 78..11 FED' 'TO lHE WEST R!QfT-of'-WAY UN£ Of CIHTZ A\'EMUE: lHCHCE SOUTH °"1'01" EAST M.DlrlC SAID WEST RICMT-oF-WAY ~ 211..42 FEIT; 'IHEkCE NORTH 88"30'53"' E'>Sr" (REC. HORTH 89"5-4-"Jr £AST), 24.00 FEET; THD(CE SOUTH 03'58"2+• EAST 2:2&.50 Fm (REC. s:0U?M DJ'34.'50"' EiASI', 227~ fEt1): ll{~a: 50UTH OX-4:Z.'!U' WEST,~ FED' (REC. SOUTW 03"15'10" WCST, G.10 n:ET): THDlC£ SOUTH .'2".31''4"' wtST' (REC. SOUTH ,:roc,•15• wci,. J.2.89 Fm; tHDleC HOIOH 41'"8'58"' WEST (REC. NORnt '""28'JII" WEST). 13!.a:2. FEtT: lMEMct NOR1M '40'27"-W-WEST (REC. NORTH -40'07"21"' WEST), 34.0J FEEr: ncENCt NDRtH ~;-.:i,:,,• WEST, M.81 Fm: THOie£ NORTH 10'Clla'21"' CASI', Z7~ FEET; lWENCf: NORTH Dl":.1'.53• WEST, lu.3 FEEi': 'THOICt SOUTH 01°54'58"' EAST, U7 FEET: 't1iDICE NORTH a1·"8'2'r WEST, 18.011 ra::r: lHENCE NORlH 2"5'42" WEST, .55.21 Fm: lHOIC£ NORTH :14"-411°04" WEST, 2.1.00 FttT: 'THE>lct NOR'Tli 2r.Z1'14" WESr, 77.78 FEEn 'TKDCE ~ tt,o',34" war, 28.1:S ~ 'THOU NDlmi os-,5•2:1,• WEST, 17.N FED'; lHENC£ NOR™ ~'41" WESr, !U1 FED} l1iENCE H0RJH 44"Jll'm-Wf31', •a.44 f'EEl'TOAPOIMT'0F'tNTUISD:TION'llltTHlHESOUTH UN£°" LOT #2 Of St,10 "CASCAt>E WIHOR S1nllMSIDtr EXTENDED 'lifST': lHDlct JriLOMC SW EXrDmC UN£. sanH W:.0'01"' CAST, ~ Fm 10 lHE SD\nMWtSr aJRHEJt CF oun.oT "A' or $1,10 "'CAscAD[ W!HOR SIJBt)MSIOH"; 'TM£HCt >LDNC lHt WESr UHC OF SA.ID oun.DT •A" ~ 1Ht NEXT TWO (2) COURSES. NORJlt 44'~ WEST, 243-75 FEEi', »ID HCRnt 4S"05'4T 'MST, !Ja.10 Fm T0 lHE SOUTH RrC:HT-or-wAY' LIi£ Of C0l.DX AVD4JE: 1lECE NlRTH ff"47'0:J" EAST, AUi Fm AL0NC SAID scurH RJCHT--<F-WAY T0 TM£ HORTHEAST' C0RHDl Of SAID 0U11.DT "'A"' OF SAtD ~ MIHOR SUBDMSXIH9; lHD«:E >LDNc: THE &\ST UNt Of SMD OLIILDT .. ,.. fCR lH£ NEXT lHREE (:3) C0IJRS6. S0UtM 00"1r5T £AST, •a.oa ,m, »ID :;otnH ~•4,r EASr, -44.11:1 Fm", JrrHO SOUTH ""~ £AST, %12.70 Fm 'TO lH£ SOUTKWEST aJRHm or LOT fZ OF SND ~ MINOR SUBOMSION"; Ttoa: Jrl..Ol'fC THE SOLmi LIN£ OF SA.ID LDT 12. SCtmt av~•,r £AST, 114..12 fm TO lH£ SOUJHD.ST CORNER OF' SAm LOT 12: nlDICt AU)NC 'THE DST LINE Of SiW L0T #1 N'4ll L0T #3 or SA.ID "CASCADE: MIHOR StJBDMSION"', MOFO'lt ocr.so•,:s• WEST, %72.A:s Fm T0 THC sounf RJCWr-OF'-UN£ UME or COlFAX AvtMI.I[: lHEMC£ Al.OMO Sl,lD SOIJTii Rlctrr-Or-w,r,y UMt:. NORTH ev-0"03" DST, 4,5.,72 Fm 'TO Tlit PDINT Of" BECIHNINC. CONTA.ININC 2.l2 ACPIES WORE CR LESS N4D CCMSISrt-lC: or 'TWO C2) ,ms. SUBJter TC AU. l.tcAL RICKT--oF-WA~ DSDIDnS. AND RESTRICtlDNS or RECORD. MONINM!!lQH: • 11 FOUi'«> lRONS o .. 5/5" !ROMS SET, P,K. JriWLS lH ROAD X • CHISELED -X-ON CONCRETE Slfl2MPEBSt:mniFBS· SEITZ PARK MINOR SUBDMSION PAR!" OF 1HE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, SL JOSEPH COUNlY, INDIANA. (BEING A RE-SUBDMSION OF LOT # 4 AND OUTLOT 'A' IN 1HE PLAT OF "CASCADE MINOR SUBDMSION" AND A PORTION OF LOTS # 4, 5, 6, 7, 13 IN 1HE PLAT OF "Mill.ER &: ™£~ ~p.,.m~ AND A ~::~::GATED GREEN S!REEf lo GINlZ t,:.rUE)/; stWDt Dm,00' SHOWN CM LDT I 2 @ l&:M DSEMEMT' DOC. HO. 9-4102.JS ., ,/ 1HC 20 Fi. WIDC l'Rl\l,l,Tt SolrHITAR'1 I § ~~it.':~== ('j) ~ E'ASOtEXI' BK. llll, PC. 341 {;-' =£~ ~ ~~ ~T OF @ laM F)SEMOO' R£COROED tM lHt A!COflDS or 1HE sr. ~ COUMIY, ~ R£C0R0DfS Omct. SND E'ASDID« SH,l,LL >UDW FOR, 8UT NOT UMJJtD TO l(;C£SS NID ,OlH[C0"'5TRIJCnOH,~ iHJ ~ OF A ~ SDmt S'l'S1tM WHlat SDM.CES AU. DG'll.OPMENT'OH $Am u:rr f 2 Or1H£ -cASCADE MlN0R SUBOMSIOH", 10 n-:mor rwv n r:c:mrN ~ "DE 10 FT. 'Mot PRIVATE ELfC1RICAL ~~OHLCrf2.0rlHIS PVJ IS FOR ntE USE »aJ BDIEFTr OF' lH£ CMtCRS >HD lHDR ASSIGNS or IDT I 1 CF' lHlS Pl.AT, SA.ID tASDIDrT S1'Wl. >JJIJlt FOR. BUr NOT UMl1lD 1tl J.CCESS.. ,'ND "TO lH£ a»rlSl'RUCTION. MA!N1'DWlC£ .-HD R£PlJ.COIDIT OF' NI ElLCTJIJCM. SYSTDl IHCWllNC BUT HOT UMrm> 10 UC>n' POLES. LX.HT BAStS, D.ECmlC,lr,L COMtJIJ!T' NC> TRANSFOIU4ERS WHICH SfRollCE ~D ELECTRICAL 5TSTDL 2R:FI DE MlltaCZN WAlEB tt:"il'fNt mt 20 rr. llftD£ M\JNlaPAL WATER CASDCENr SK)'W)I OH LOT I 2 Of ms PLAT IS FOR 1H£ USE NC> aolEm or 'n(t arr OF SOUTH 8D(0 'JO l"ll0WX w,,T£R SDMCt T0 11iC ,um.JC. SAi) P8QPQSfTl P.SfYM lf'CENP: @ :o-,r, 'M0t WIJMCIPAL WAml EASDlfJff © © ~FT.-wiot PIWATE SIHVJh' SEWER £ASD,E,ll' 10-fT,-'MDt PIWAJE £l.£CTIUC,l,L £ASDCENT L;-111111 =--1--CEJl'Nm(Dff' OF REDtvElJJPWENl' B0AAD OF' P.ASIC COMr.asst)NDS t arr or SOUTH BEND cnY or SOUTM MND 1200 COUNn' QTY BUILDINC 321 £. W~n:R ~ SDUni BEM), IN0IANA. 41801 SOUTH BOID, 1H •'914 SI nra::a:s:s +: 'l:Pff'EBS llAHCH. (574) """' .. ,TES,00:. ,... 4'1'211 -""""' ...;~-1 --------------------_ ------~ J.UNUZ (OO.a• !{I)_ ~-:.~ .. ~ SUPPORT DATA AQQQ PlcW HPit: FlDOD K,t,?AAD ARD.$ SHOWN IRE. DEANED ON >HD SCALm mew lHE COMWUNrrY PN«L MAPS ESr>8lJSHQ) Irr r .E.W.A. FCR Ft.000 NSUIWa: (COMWtJNffY PANEL. NO. 11l1•1C02.t10, °'1UI JNW.tJn' 00. 2011.) ~ mner N+tSS PJ Mt HSZIF: .Ml. LO'!S SHa#N CJ,! 1HIS Pl.AT' WIU. Kl.\/£ JrCCESS OMr0 C0lFAX AVOW£ VIA A """"'""""'"""" -~~ 0 9J 100' ,sa 1-1 1-LJ l SCALE 1•a sa J.!TISIO!IS ---~~====="·=·• ~ ... ===-··•1-·2····-•,c· EXHIBIT B-DEPICTION OF THE RELEASED PARCELS (SEE ATTACHED 1 PAGE) •7 ~ {1 i• ,! ! I lfCN tf:iCarua:t· A PARal. LCCAIED 1H THE NORTKWEST' Q\WmJI: 0, sa:TIDN 12. T0WNSHlP J7 H0RrH. RAHCt 2 DST, an" OF' SCllTH BD«>, P0RfACE. TOWHSHIP, ST'. JOSEJ'H COUHTY. IND~ eDHO JU OF LOT I .. H-1D ounm ., .. IN TKE Pl.AT OF' "CloSCIDt MIHtlR SUm>MSION" M, RECORDED >S DOOJWENT NUMBER 1801H28 IN lHE RECORDS OF 1HE ST. JOSEPH COUHTr, IHtlWU. RECORDER'$ OFFCC. >MD A PO/mOH Of L0'1S / 4. .5., t. 7, 13 1H nu: PLAT OF' "MlUJ]t .t: CRElN ADcmoH" J.S RECJRDED IN PlAT BOOK f 2 ON PN%. f 1• IN Tl£ ,UX:ORDS OF SW COUKTY AND A PORTION OF VACfJEI) CA£EN STRm J,S VN:A1ID PER OROlfrrWG: SH0WM tN BOOK f 2 ON PACE # 2J7 IN THE RECamS Of SW COUKTY AND A PORTION OF VACATED ClNTZ AVDrr,UE PER RES0l.lJTKIH D-1115 IN COlrilMISSr>NER'S B00IC I 10 OK PJCE I ~ 11'1 1ME RECORDS Of' SM:i COUNTY NtD QC: MOR£ PNmCULAALY OCiCIUBm K.:. ~Mtl.C JJ lliC NORTKEAST CORNER Of Lal' #4 OF' SW "'CASCAtl£ MINOR SUBDMSION": lHENCE x..oNG 'THE r,.,smtl.Y UHE Of' SAJD LDT Rift 'THE HtXT flQff (0) COURSES. SOUTH 05'2C'aa• DST, 1%7.a:I Fm, AND SOI.mi &4'07'111• WEST, 2CUl.2 Fm, MD SJUTM DS-32.'•W £A.Sr, ,:n.45 ra:r, AND NCRl'H M"OT111• E:AST, 20.eo FW, NCI SOUTH ~••1• EAST, $l.01 FEEi", AMO N0Rf'H M"OTtO• EAST, 7.30 Fm, AND NDRJM ona'40" WEST, 2.89 Fm, NI> HORTH ~-41'20' (>Sf, 78.11 Fm TO lHE wtST' RICKT-OF-WAY UHE OF CIKl'Z ~ 1MOU ~ as-,1•1a• EAST AI..Ct,IC s.tJ0 WEST RIQff'-OF'-WA.Y UHE. 21l.Q Fm: TI£Jra: NORTH S'J1'02'" r.ASr (AEJ:. N01nH l!rS4':Sa' FAST), 2+.DO FEEi': Tl!DiC£ SOUTH o:rse'24"' E">St' ZZB.50 Fm (REC. SOUTH 03"34-'SO"' £.\ST', 227.30 FEEi): 1HDICE S0l11H oz~· WESr, U4 FEil' (REC. sount 03'15'10· wtST', UO FED): 1HDCE SOUIH ~54,• WEST (R[C, SOUTH 53"00'1.S-WEST), J,Ug Rl:t 1HOla: HORrH -4a'-4e",S-WEST (lt£C. N0RTM 4l'l8"3sl' WEST). 1JIU2 ~ 1HEMCE HORrH ,fC"2T..a-WE:sr, 3o4.0J FE[f Cft[C. H0R1H -40"'07"21• WEST, .34.03 FECI); mDlct NORIH 34"44'4,l• M:Sr, sa.a:2 FEET: THEMct HORTH 1S'09'21' tAST', :Z,.$4 F'EEJ': 1NDIC£ HCRnt 11'51 'Sl'" '«Sr, 1 IUD Fm; 1HDfeE SCMH 01"56':ie" ti.Sr, 1.87 Fm: llEHCE KORTH 8l"-4a'%r WEST. 15.00 ~ lHDfCt MORnC 2~•42• WEST, ~1 Fm'; TKENCE MOlfflt 24'40'04'" WEST', 21.00 flD':: T>IDCE NORIH 22'21'14• WEST, 77.;JO ,m'; 1HENCE NORnt n,o"J,4.'" WEST, 2a.1, Ft0: lHDfCE HO/fflt ea-1~•.z,• WEST, 17.tlO Fm'; TH£HCt NORTH 72',c)'-4-1" WEST, 1U1 Fm: THEHct NCIRIH -44"Ji'03• WEST, '4&44, FErT 10 A POINT OF llffiRSErnON wmt 'THE SOUTH LIN£ OF Lar 12 OF SW ~ ~ SlJe0MSl0tr EXTDIDm WEST; 1l1ENCZ M.ONC. s,tr,10 EXm«XD UNE, S0Utlf mr38'1r tAST, 2o.,.5 Fm l0 1H£ S0IJlHWtSt' C0ftNER Of' outUrr •1,.• OF SlJO -cA.scA0£ MINOR SU80MSl::itr; lHD(CE ALOI«.: 'THE WESt'" UHf: or So\lD oun.aT •1,.• FOR M NDCT TWO (2) COURS[S, NCRl'H <K"-40'3r WEST, 243.75 FEET, i,ND MOFn'H -4S'QS'•r WEST, 13&.11 Fm TO lHE SOUTH RICHr--OF-WAY LINE OF COLF>,X A\l!::NUE; THDlt£ HORTH IW'•TOS' £AST, aa.D7 Fm Al.0HC SAID SOUTH RICHl'"~-W>.Y TO THE HO~ CORNDI OF Sl,10 Oun.Dr W OF' SAltl ~t WIHOR SU8DMSIOM": TKQ(CE N..ONC THE F.ASr UKC OF SAIC Oun.Dr W F'OR 1)(£ NEXT' 'lHRE£ (3) COlRSCS. SOUTH 0012',,-EA.ST, +a.D!I nl.T. AND SOUTH ~••r UST, 44.10 FUJ', NQ SOl/nl 44'40'"7'" u.sr. 272.AI fEET 10 lllE S0vntWEST C0RHER OF LDT 12 OF SAil "CI.SCAllE MIHOR SU80MSION": THENCE >U>MC 1H£ S0UlH UN£ Of SAW U1I' 12. soutM ~10-FAST, 1:SI.ISl F!D' l0 ntt SOIJYM&l.Sl' C0RMDl Of SW LCT f2; ll«NCE ALCNC: lHE tAS1' La« OF SAID L0T fl N"1J LDT ll OF SI.ID "CAscADE MINOR SUBDlYISJON'". NORIM 00"31S'~" WEST, m..-43 fm T0 lHE SOUTH AICKT-Of'-t.lNE LINE OF COLFAX AOlJE: lHDICE M.ONc: SAi) S0UlH RICHT-oF-wA.Y UN£. NORTH er41'0T £AST, 45-72. flll' 1t) THE P0IHt' OF' IIEQtCNIHC. C0Jr<tAlHIHC 2.32 ~ WORE DR LESS NUI C:OHSISTIHI: Of' TW0 (2) U1tS. SU&ltx:r "1tl ALL 1.m-.L RICHr-ar-W~ tAStMDnS,, MD AES'IRICn0HS 0t' RECORD. 8000 PIIIIN tRtF: P'UJCD HAZNU> ilfD,S, SHOWN ME. DEANtD OH AHD :s,:::,tUD FROM 11iE CCWW\JHIT'I" PANEL !,WIS ESTABL.IS>EI 81' f'.£.W.>.. FOR Fl000 INSUAAHC£ (COWUHJrY PNCEl.. NO. 181•1C0:11D. ~TED JANIJAR'f DO, 2011.) :mm: n c'tSSfn:-TIAH tmf· ...,, 1. COLFAX AVDfl.ll: :Z. QHTZ AVOIUE =-= =-COu.ECIUR LOC<. WIOTH ,..,..,.,. ,.....,.,. SEITZ PARK MINOR SUBDIVISION PART OF TI-IE NORTI-IWEST QUAR1ER OF SECTION 12, TOWNSHIP 37 NORlH, RANGE 2 EAST, CnY OF SOUTH BEND, PORTAGE TOWNSHIP, Sf. JOSEPH COUNTY, INDIANA. (BEING A RE-SUBDMSION OF LOT # 4 AND OUlLOT 'A' IN TI-IE PLAT OF "CASCADE MINOR SUBDMSION" AND A PORTION OF LOTS # 4, 5, 6, 7, 13 IN TI-IE PLAT OF "MlllER & GRID ADDmON" AND A PORTION OF VACATED GREEN STRm AND GINTZ AVENUE) '-"'' ~1,.~ICR ~,p.-::;r.:. :r;::..::,:sr.r:o.~~'!11, ~3 8.~ #~ #' ~ "' ~ ~ ~ _J ~· L-t-1 SYCAMORE I {66.0' R/W) I~ ~· ~ ~ L:."4 I '°', I '"' I_ w.:,c;!..:iC',,SOl o~:oc1,:_ ,--·-+ I t I 11 @ 1ti1 u.sEMEN1' DOC. NO. 1410.,0 TO 1HC DCSr OF OUR Rf:S&t,RCH, AHO FROW lllC IH'F'CRM4ll0M SUPPUED TO US Bt Tl1ECl'M«RS,ALL. ~ Cll"JtECORO AAE.SHOWH ONllUS Pl.AT. e1nrm«J VI1Y:CX Norr· ._,e;,"9 ~ ... ., ,§,· :, I~ ~=====,,_, ..... ,,""''""'·'':.:.''·'~--:: ;\.,. z ~===A""====~~~== ME~~y~ @ SfHVRt'E'ASEME>lrBIC.508.,PC.341 © w,i.......,.. !IUIUXNC Stn1A0CS gwJ_ CONFtlRM 10 nu; ml.i:AD11: ,~ or M ZONIWC 0RDINAHC£. stBXVISX2N WfMR HCJIE· / / / S ano'OO• IC 0 lj "' 1H£ PLAT COllMITTEI: JJ TTS __ _ l01!1 MEEllNC CIW(l1D lME RHJ,OWINC WJ.M:R FROM "!'KE an" Of-" SOU'IH BENO SUDUN'ISION CONIR0l 0ROltWU:. ~c~~"'w°"'™~W~oo or SWOWIHI. OIWDCSIOHED BI.WlDfC SCBlrQC UHES. / Y/ ,c>) ~ J.~' ~ -:1'-~ ,1;.r _.-:1'-'.I}~' -1.·• V ~-~ ? ,JSt '\~ AJ-:;;.•~r.• ~~~~· ,<'!.._g$ ~~~,• LOT 1 ~-~ / --++ .:.c.-------.,. / •--,:,;"'°"...-;;~,-.CC..----=-· L-------C / ~ R tJNEili -------/ < -----.--.;:;i".~f;~f\lr--=::::-;;~._;;jiji,<I MDHIIMMAJJON• , ___ Nll.ES AVE. 'o \. E RIVER • -FOUND IRONS -~ EAST RAC o • 5/a" IRONS SET, PJ<. NAILS IN R0AD =,;:~ S1 UM'lOOS 6: ENGHEfBS• tw«.:H. HMNDl ,:: J.SSOCV.TES, INC. 1S4J COMMERCE ORNE SOIJTMOOID, lN."41215 (574)2l4-4003 At"rM: MICI-Va. DAHCH X .. OilSEl.EO a,: ON CONCRETE I SlfllTfflfBS4l'ltfFBS 0 ~0' W "' 1-1....'W l OEPAA1MENT or ~ 80,lrAO c,;: PMK alMMISSIONERS CITY OF' SOUTH BENO CfTT Of SOUTH BEND 1200 COUNTY arr BUILDJNC 3:1 t. WIUER snta:r SOUTH BEND. ~ 4H01 SOunt !IDID. IN <f8114 SCALE1"• 30' i~ -IIYISIO!IS EXHIBIT C-LEGAL DESCRIPTION OF PARCEL 2 CENTRAL HIGH LOT NUMBER TWO (2) OF THE RECORDED PLAT OF "CENTRAL HIGH ASSOCIATES MINOR SUBDIVISION" RECORDED AS DOCUMENT NO. 9408747 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 OF SAID SUBDIVISION; THENCE SOUTH 00° 01' 34" WEST, 313.76 FT.; THENCE SOUTH 89° 58' 26" WEST, 172.35 FT.; THENCE NORTH 00° 01' 34" EAST, 42.66 FT.; THENCE NORTH 89° 57' 21" WEST, 197.41 FT. TO THE EAST LINE OF WILLIAM STREET; THENCE SOUTH 00° 00' 00" WEST ALONG SAID EAST LINE 91.15 FT. TO THE NORTH LINE OF WASHINGTON STREET; THENCE SOUTH 89° 48' 08" EAST ALONG SAID NORTH LINE, 430.07 FT. TO THE WEST LINE OF ST. JAMES COURT; THENCE NORTH 00° 01' 34" EAST ALONG SAID WEST LINE, 411.05 FT. TO THE SOUTH LINE OF COLFAX AVENUE; THENCE NORTH 89° 43' 16" WEST ALONG SAID SOUTH LINE, 430.26 FT. TO THE EAST LINE OF WILLIAM STREET; THENCE SOUTH 00° 00' 00" WEST ALONG SAID EAST LINE, 206.31 FT.; THENCE SOUTH 89° 57' 21" EAST, 145.29 FT.; THENCE NORTH 06° 01' 09" EAST, 13.57 FT.; THENCE NORTH 00° 02' 39" EAST, 34.30 FT.; THENCE NORTH 89° 58' 26" EAST, 50.83 FT.; THENCE NORTH 00° 01' 34" WEST, 109.01 FT.; THENCE NORTH 89° 58' 26" EAST, 172.36 FT. TO THE POINT OF BEGINNING. (ALSO SEE ATTACHED 2 PAGES) 11 •· '""~"~:.ru~ .. JI :v~,~~~,n~ I! 15 I I ·-·-·-·_J D<11'V.l'DfffJfJlf un,..-:,ot"(f1u, -·,·-·-·7 I I I I I I ! I I : ;~i l 'i 11" I i •i' i 1! 1-l I 3 I I I I I I I I I I I 22 __ L ____ ,_J U'llllY -----------~ I ...,OV,/11 I D' 2 ,.-,.14im-n-1 I I I ~I =1 t ii I I ,:..,Li-• ,.· ; ... ,1. CENTRAL HIGH APARTMENT COIIPLEX -317 IYEh"T lfASIIINGTON STREET, SOUTH UENO, INDIANA 48801 LOT NUtlDF.Rr.D ONE (1) AND LOT NUMBERED TITO (2) AS 8110\\'N Oll THF. RECORDED PLAT O!' "CENTRAi, HIGH ASSOCIATES MINOR SUBDIVISION" RECORDED AS DOCUMENT f94087H IN THE OfFICE Of THE RECORDER OF ST, JOSEPH COUNTY, INDIANA AND A PART or THE: NORTHWEST QUARTER OF SECTlON 11, TOWNSHIP 37 NORTH, RANCE 2 CAST, PORTAGE TOWNSHIP, CITY Of SOUTH DENO, ST. JOSEPH COUNTY, INDIAI/A. I I 1,·; SEE SHEET 2 OF 2 FOR J83 CERTIFICATIONS, NOTES AND REPORTS :: ""''~""' !,1'·,'_i 14 JU ..... 1 .. ~~~.!·1~Xt!t.'.\!.\ pj Htol H : t!!tt· ilil~EW::!!1!:~ 1 1 r----------------i ii I i IUI( "''fo~ :?~~ C,Jl\,CQ ,vrex-,. ,.-« 1• ! 13 '"'10,"iJ~~i~ i! ,~! 384 . -. -. -. -. -. -. -. l. -. -. -. -. -. -. -. -. _£~~·,·~ ~~. -. J I'~.-··~~:~::~:~· GRAPHIC SCALE ~,k,J--4' tui nn1 IL-,.1,wrt P:1tl'Ol'nf'IV__,r ~~t.:·· -·-·-·-. ii ·' 385 I§ ii l!,~ctfi' -------------K'.~~~~'f"') I · 386 1--------1 388 390 •. ~.::::.'.':.::::,,.--·-,Ir·---'?-!:!'.!-'!!!'.. I·· --· 1..EQ.E.till • ·--· -·---~-U:RCNQ·-COKT · I .... -~~ -. ·--Ullll .... ~ v .. -l.O'IJQ.t -••-nu~,w.r~ 391 I ~ = :.,.,....,.'ClU>ll • -IWfCS,,. ....... ~---• ~-IW.QQl'PNl.•10 if INTilL~! 6=,J, I 6:M-WlJAJI •:;a-C,l,lt>ISI.JN ..J.--'UIOIS,Q)f ,o-UIUIU.lff.lUI Onu-t-i.a."u.'"""'a-<U 0--tl..l;R'; .... \MU: .,.__ ret~ Cr.'C \IA'fQl --11\Utv',.ll.lU.::U: • -~~~;'i'::i"" Brads-Ko Englncerl11g k Surveying, Inc.·. --••,o:11"'"'1 -t":11--V«~...Oo.ttnlC -•r--1r.~11.1c111C -••--U'O'..-=-o.N)nl.J\ICN[ -·----,~C#Ja _...,,_,c,.,i_,, -u•--1Nlf•1u~n -uw-••J•UW.. l't"-Dll\.Y:fMWOf1D.flo..,Cl1 IC • l .. 'Jf'-G,,. fl OJ'U IU°Atol U' ·tltl~~:IC,P,M'l/l<t'l'n.C\~t~ u-1•su,o-,otl.ll,"-n:,1 @-H>«.._,,, .. ,.,n,p>l:ff t•l-l'lW'CU M-~, IIC•JJOIO,CI.N JOO!I :1'011\h )1/qth :l'L Oo.Jhen. CH 40,.H t'J1ono 117" 611-Ut:, rax 574 53:J•llill . ·, ·:-; ALTA/ACSM LAND TITLE SURVEY CENTRAL HIGH A['ARTMENT COMPLEX -3l7 \YEST \YASHrNGTON STRF.fIT, SOUTII DEND, ltlDIANA ~GGOI LOT NUMBERED ONE (1) AND wr NUIIBEll~D WO (2) AS SHOWN ON TII~ RECORDED PL~T OF "CENTRAL ll(GH ASSOCIATES lllNOR SUBDIVISION" RECOHUEU AS DOCUIIENT 19408747 IN THE OFFICE Of THE RECORDER Of ST. JOSEPH COUNl'Y, INDIANA AND A PART Of THF. NORTHWEST QUAITTER Of SF.CTION 11, TO\YNSIIIP 37 NORTH, RAKCE 2 EAST, PORTAGE TOWNSHIP, CITY or SOUTH DENO, ST. JOSEPH COUNTY, INDIANA. LtOU. Ot:$CIIIPTIOlf AS SHOl'K 0:( SttltDUU: A er 'n!C llTU: L~sx:-gg ~&V,~..Jl,Mz:OJ.s~:llti lJW.L~ ~~01 COl,UDTllDT NO tlll003Tll, uncnVJ: D.Ut: 1/JWAAT If, Ult PMCa. I -A n:r SIVi'\.! rrroHsr \'rSl[D N WlllW. IWI ASSOCUTCS. lLC P>lfill: ITT tfft\01 Pl ~ur ...... , Of,., M)'l:'tLUJ (\;l.vtJI 0, 3((11( .. ,,. r~-J1 IQOl lWCl I l&JT, K,WQ. 1:,.:u>tf', c:11 CF S0.,:,1 l-0.Q,. IT. »1!..l'M co,-r,,, fO-l'-l ...... ;:H IS rtl«tn ,.s, Ul'f •tll!OI ~~7~.r"f.tc.;f.%~~~-~J:~'f~~~"!:,.°;"C>MJ.T In l(t:MN: ,U No 1,(JU'tWI ~"fDI V SU UTT II: fl-1),:C SCOJf<I 07 DI• JI' ltH, JIJ.1' fl~ T~ wr,; fr u· n· 1ar, 111..n "~ r.o« ~f>I o:r o,· .s,.• w•. '"' JTIJ, ~ tr.l'IN" •r u· ,a-r. 111.U tm ,c tK UST ._.,t tT "ll"" 1•,ur, -..o« ,✓.-\"II CO' o:' IIIO' r.i.n ,u,.., '-'., cur u.c 11u, urr; 'l>Q.;!C MJJT11 •r ,r 21• wr. ,,...,, rur, ito-tc _,,. er t1• o-w,. un ,w, l,<'l,(C l,,t-0.1'1 ,~ u· lt' w,. Jo.Ill IUT1 lte<C l,;n/11 ,r ~ H' l>t'!. MU rn,; Jl-1;1,Q[ ~ ('1' fl' .:ii,· 0111. 10111 rtrt, Tl<Y.< V.llflt er u· ,,. wr, 1n.J1 nun~ ,c1.1 er ice--.. llil!Ill C'W'Oll.Otl «"n.'oLKotUS(IC,OIU.Ut OOCW"..M IIH1kA ~r~u\,11111100.-... VJ,1,.TI'l<"IT c, ~uan,1;11t -,~ [ SURVEYOR0S R&PORT J mw,,uot « ravw un ~\H.,:i ,,-.u U>ft.....ef.11 Ct-< (1)1#Jll<ICQ.1; .IUO-AI LOl'HJ'leO\ r-? UI ,..,.,i..,. n< ~I O'c:t.~PAl<Ot 11,0C,,OIU WOii :,.w,"'"" A l'VJ n.!.l"»lll ,l,.'(I ,tt'?'COI ., J\ P)J1AS l'U'-a. l'.l.f 1~11 0, ~ l .Q"JXWU JI.G f'VJ,..,,_. IUXJ"l:On KUTUV b-11:N(CACIDIU 11..vst,N C-1l&$~ H,VXA .. :tH7. 1,,, IUJ/!C!,UV/4 ""-' ~~l~~Z':f~rn~//A~tr.~~~Clj,•~~,~~~trJi.~ :; ~~~40, w.~: ~ O:SI :::::~•(~= ~l~~~~~i.':'rs ':c",: ~~l.'~r ~'f.~~n<'=l""'~"i;;' ~~I~ ~':'~crl-=~~~~~~~'c1<Jr.,~l\ r..1(1) ....... ,_J:Lt.ll~o,r-~ P.CPOKVUU"fffot~ "1 n< lO,ntot.lfco,\>DOTl~ lu,,,fill UQIIJ •UICUJ.U M l<N!JA~ I ,-ioS,>Ol,.f~~~Vk:.(~~~~ ~Y!~,.~l~Ti~TO •W'Slfl'UfJ.Hrt~frt(Jl,:.,,o,~ run 10>a., 1H!: a'.1«.1'1-C'O lv.u,:,,.s-o,, s.o.o un Mlll'NI o ~~f t°?''-1.11 ..._..,. ti! f-C KN1 WM"t OI IHS PO IO ~TJlvs:10UKto'lo,IU 0, S.0.0 lOf~OC(IJ~ l')fH.,,,E._ r-?(IJ 11 0'.11:ta tJ'illr'J -.tTR.•r.,,~ l.\$1'f'tl'IIM.U.,t,Q~noM-<TA.'1:MlW:'IXDK.\•.1Qc,l'.[IVIC,C'C)(f>Jll-Ol>JSr,lla""""':,.a:,,.ttol ft:'C~~~ w.~ 14:ol1<1), nd .. ~,ti "4 H.11'/rA-tll \IOU lff l'I.N,'YA •1!1 IK Wit u.•t ('I W f,Db tvM, ,Ur, UV ilAJ.u,,IJ0,1)-(telCAlll<,XIO'I a-u W"""-ll'IISlffOIWOtJt.alr""u,cutmtO. l,C:l,«.,ltc,,10,"(:l...O~IJ, WNlQ D\>1clt091fl-lltvl't'III.J;,A:I nuD4 tu 10 """'.CU ft IVUO,:t \IW,.VP,"'l,. :1: ~ 'r1i,~;:r'"" b.Ltol)'l(:l:l•.u,:nM"l(,r.o.:,CC.V.,OIOI; 1) 1Q o.ou,1 a f.UI .ant,,.\ lO o,n lff•tol SlO UIT l,(."10l "'1 IIJ A.'IJ l.lCI 1.ol .._.,iU t-0 (J). ,, n-t:!Off'Mt#-<OTILOUlfllJUIJ.II To,)(J)..O.t'Nl'H<J• w ... ..o-u '1J>CQ),111111?411>' ... ,Cf'"C'Clll.(r,01.11:1,111u fl»f•«:ltOCU•v. J) J.tOt.or .u.«IIT~ (II"'' Dl<.lln-lD ''"" ,a, l'o>tor•u I.Jo,( r, "· ..... n (0/llA •• IWf SIJ>.~" ..,.,.,... ,-.a l•J 1US Ll">anl'Q tr M _,.,. .. °" U' ,.., l•< 0, ••H""°" Y.tNJC IUJ ns I.Or lt.NKJI no (1) /)() lGT "'"""' ff (1) ..... lr•:,.9-Q" "'<' WT .. o,f 0,. .... U\( 0, •1.11111 •U:,:Qll[l'U•, SEE SHEET I OF 2 FOR SURVEY DRAWING ...... ,,,,11 2 e, 2 M141.U•h•t r.umntl CO/M1"1Y YEDJHQ k 8'Cttl or UY xom, wmcnonv-....c~.C:Cl'lJO[".O'.>a:O'IMWttTHt~rnul"~ ~.( ... ~ n, E[ 10 =1 r,'tl'.>r.C 0/ A tl\tllXI'. 1,1,>CR.L t,t 0-U","C DI ,_C...,_tc,~rt, ~ :1-~~.uJ.:~~~~~~~~iu~~~~ra "!ll.»O s-.: sr. Jl%Z7t< 111',0I lOCArti:i ~:v .... ur ,.~ n:n t.on u nc W--ffl-l'..UTC'C>'".\~C,f,1(1'A.(tfl'U!:tl.. •cten~,i,,,•~~C>"-~,.llltsr.tll•OffVMfU,UU.') ~ :::,lfl! ,.,., ~:uo r.a.:,: or nc:o,f tT1UI a-D';O.IU cugnu:m, Ill>OLI!lll< nt:11..,_ttt,l!;PP.ttlO"ZO><"l'>S~'C~ntCll\1VW£tWl1t'-" (l'""').Ul'l.ft&Osrllt:n;()Ull~~.ll~COO(ll;'&lj C'(:\MJ,,Jr, l'AAD. M.\UJII 11u10uno, t'l'ttll,( w.,, tiJt' .ll_,. &. rln 11-4 n i,,::1 """,o,,. vu,,14,. 11.0.:,0 ~ "" ,_, n 11.«:o r,01r. ~111'10.U.l,..\<M.U'.ICCI m=~..!:'J.J:;'t •~•'· ,. ·,-.,_.,..i, ..... ,1-~~ •,.u:i:m....runJ'w.f~q••.:1. "'I)~.,. '· 7,cz, , •• ,,. M -.cct .-urt. UK U h\l IG:ID 10 auu •·'t'«L A N:OCollU tu' YO( ,....,CltOf'IU .. th"AOJt.l 0..TN.',C>--'flV_..IU,011.Gf II. II< oUTll',i:U" LOr/1 W.SK«111Vt.1JJ,olj :wat.• toe,,llltll'"Ct:1',.a,; ll»ftr,.., 11' f,0 e,r,J OIi cn.c ... rf 10,:.,ro ... IOf "· M S0Jr,i u.t U' lOI II "'-I .AUOi l'G•~~,,_t'f.'r,ltal<,I.JmlU'..X"-llJ/:.IIOff{IMT.f4C,,,,tCUI P"'o(o.uUOJno,tar n. K u.1ru,1gr WT II tlll ~ ron.-lM:s c:,,;i,AJ,4 «r<,o.1(1:11t'1oot,._«.C ICJ£r II A (\Al WI 01\0V lC,-Jlct o, l.0t /l.lOf ,. ~ KIIQC ,, .. ,uwu1111 Jl?a1,AOUJ'..l'l0 c, WU "-9.X" 111>:o.1 o.o ,..1. a1w.s Mi D'IICI .ica:u tt 1"4 Cl'I #Hf~ ~c,, ,.., r, ,.. PIP!,G Ml °"'" c,t\\'.._,t UY,.lltll 01 V,> lOT #1. l.C,CllliOA!i',"\.T .... ~OM,\Q];" Mruut MHl'U Mf\.l'<'IMZJ-11' HIOl""'-f n~o.« 0/ l'O:V,T m.m "'$(0,'l,ll~ ~ ,UJ,A. W1..ALil!mX ,w.,aonnt10.•1>tlfM m,,.tw!..~:....,!:,t"'t:;:.._~'-" 41.,1 1:''ff Hfr1:~m« :{zf!fo !IUIYDO!':S ClrtlDClT!'i t!"'~J~'/.i'!c·:!,_"tlC•-::r"~~ ~ ~ ~i-:;~r~~~1,Ss .. V-.r:-~ ~ no:ra.v..t lr,rif., uh~ 9'1J ,_..,.....,. h"""-:1._,.ol t-,_ ...,.,..._..,. _,,.,. h lt•Ctt _. ,....,, r:;.~'::r. :~~!"?~ ~k'o~.; ~!:= .. ~1:..r~• f.! ~~~:\,~;: ..... ~-...1., ... ,. JlU/.....:N ~ ~ ,.,,...,, .............. Nil "-""" .... si-<rl. cu,~ LiJ,....-olot,u,./~lNf.::•S.....,. ~'::t.:::1."' tl>1. ':;.-~~-~~"~~--=:.J :~.-;·:.::.·= ... ~~ ::: •= s~ , ri,!l'i:.i.:,,.:Jil\i•i,~ ~,~,t': ~=..!~~~•~.,.~~•;::_-,:, ~1m~,N,~ Brads-Ko Engineering & Surveying. Inc. IOO!l South Hlntll :IL Oot111n. fH 4Ul4 rhone-57-4 633-flll:I Tu: 674 &3.3-PSIII EXHIBT D-EASEMENT TERMINATION AGREEMENT (SEE ATTACHED 8 PAGES-STEPHENSON MILLS) (SEE ATTACHED 7 PAGES-CENTRAL HIGH) Cross references: Instrument Nos.: AGREEMENT TO TERMINATE AND RELEASE REAL PROPERTY INTERESTS This Agreement to Terminate and Release Real Property Interests ("Agreement") is entered into effective as of 12:01 A.M. on -----~ 2019 (the "Effective Date"), by and between the City of South Bend, Indiana, by and through its Board of Public Works, Board of Park Commissioners, and Department of Redevelopment, by and through its governing body, the South Bend Redevelopment Commission ( collectively the "City"), FREG Stephenson Mill Associates, LLC, a Colorado limited liability company ("FREG"), and Wharf Partners, LLC, an Indiana limited liability company ("Wharf Paiiners"). WHEREAS, the City owns real property in South Bend, Indiana known as Lot 1 of the Seitz Park Minor Subdivision (the "City Parcel"); WHEREAS, Wharf Partners owns real prope11y in South Bend, Indiana adjacent to the City Parcel known as Lots 1-3 of the Cascade Minor Subdivision (the "Wharf Partners Parcels"); WHEREAS, FREG owns real property in South Bend, Indiana known as Lot 1 of the Opelika Minor Subdivision and Lot 2 of the Seitz Park Minor Subdivision (the "FREG Parcels"); WHEREAS, the City Parcel, Wharf Partners Parcels, and FREG Parcels are each burdened by easements for access and parking or are otherwise encumbered by real prope11y interests or rights and these encumbrances benefit one or more of the other pai1ies to this Agreement; WHEREAS, as part of the development of the City Parcel and Wharf Patiners Parcel, the parties agree to release, terminate and quitclaim unto the applicable parcel owner all currently existing easements ( other than as set fo11h in the recorded Seitz Park Minor Subdivision and the Shared Easement Agreement [as defined below]) and encumbrances they have over such applicable parcels identified in this Agreement and thereafter create a new easement for ingress and egress only on a portion of the City Parcel in a separate recorded Shared Perpetual, Non-Exclusive Ingress, Egress and Utility Easement Agreement (the "Shared Easement Agreement"). NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City, FREG, and Wharf Partners agree as follows: 1. Except as set fotih in the recorded Seitz Park Minor Subdivision, the Shared Easement Agreement and any agreements entered into by Wharf Paiiners and the City after the Effective Date, Wharf Partners does herby release, terminate and quitclaim unto the City all of its right, title and interest in and to the City Parcel which it received by written instrument or otherwise. Wharf Partners does hereby release, terminate and quitclaim unto FREG all right, title and interest in and to the FREG Parcels which it received by written instrument or otherwise. 2. Except as set forth in the recorded Seitz Park Minor Subdivision, the Shared Easement Agreement, the Project Agreement dated _____ , 2019 and any agreements entered into by FREG and the City after the Effective Date, FREG does herby release, terminate and quitclaim unto the City all of its right, title and interest in and to the City Parcel which it received by written instrument or otherwise. FREG does hereby release, terminate and quitclaim unto Wharf Pminers all right, title and interest in and to the Wharf Pminers Parcels which it received by written instrument or otherwise. Without limiting the release, termination and termination set forth in Sections 1 and 2 above, the City, FREG, and Wharf Partners agree that the easements specifically identified on Exhibit A attached hereto shall be of no further force or effect and the pa1iies hereby release each other from any and all liabilities, claims, and obligations arising out of or in connection with any such easements. 4. Each party shall, at no additional cost to the other parties, cooperate with the other and its authorized representatives with regard to any reasonable requests made subsequent to execution of this Agreement to correct any clerical errors contained in this Agreement and to provide any and all additional documentation deemed necessaiy to effectuate the transaction contemplated by this Agreement. Each party further agrees that the term "cooperate," as used in this Agreement, includes agreeing to execute or re-execute any documents that the pa1iies reasonably deem necessmy or desirable to cany out the intent of this Agreement. All parties recognize the duty of each pmiy to act in good faith and with fair dealings when effectuating the intent of this Agreement. 5. The City, FREG and Wharf Partners intend that this Agreement shall bind eve1y person having any fee, leasehold, or other interest therein, and shall inure to the burden or benefit of each parcel referenced herein, the owner of each such parcel and their respective successors, assigns, heirs, and personal representatives. 6. This Agreement, as well as any instrument releasing or terminating this Agreement, shall be duly recorded in the Office of the Recorder of St. Joseph County, Indiana. 7. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana without reference to its conflict of laws principles. [Signature Pages Follow] 2 WHARF PARTNERS, LLC, an Indiana limited liability company By: ________ _ Its: ------------Date Signed: ________ _ STATE OF INDIANA ) ) SS: COUNTY OF _____ ) Before me, a Nota1y Public in and for said County and State, personally appeared ____________ , the ____________ of Wha1f Pa1tners, LLC, an Indiana limited liability company, who, having been duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of such entity as such officer or other representative. WITNESS my hand and Notarial Seal this _day May, 2019. My Commission Expires: 3 Notary Public Notary Public (Printed) My County of Residence: FREG STEPHENSON MILL ASSOCIATES, LLC, a Colorado limited liability company By: Forum Management, Inc., a Colorado corporation, its Manager By: _________ _ Name: __________ _ Title: _________ _ Date Signed: __________ _ STATE OF ______ _, ) SS: COUNTY OF _____ ) Before me, a Notaiy Public in and for said County and State, personally appeared ____________ , the ____________ of Forum Management, Inc., a Colorado corporation, who, having been duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of such entity as such officer or other representative. WITNESS my hand and Notarial Seal this _day May, 2019. My Commission Expires: 4 Nota1y Public Notmy Public (Printed) My County of Residence: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Therese J. Dorau, Member Elizabeth Maradik, Member Genevieve Miller, Member Laura O'Sullivan, Member Attest: -----------Lind a Martin, Clerk Date Signed: __________ _ ST ATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Gary Gilot, Therese Dorau, Elizabeth Maradik, Genevieve Miller, Laura O'Sullivan, and Linda Martin, President, Members, and Clerk, respectively, of the South Bend Board of Public Works, who, having been duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of such entity as such representatives. WITNESS my hand and Notarial Seal this _day May, 2019. My Commission Expires: 5 Notary Public Notary Public (Printed) My County of Residence: SOUTH BEND BOARD OF PARK COMMISSIONERS Mark Neal, President Consuella Hopkins, Vice President Dan Panell, Member Aimee Bucellato, Member ATTEST: Eva Ennis Date Signed: __________ _ STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notaiy Public in and for said County and State, personally appeared Mark Neal, Consuella Hopkins, Dan Farrell, Aimee Bucellato, and Eva Ennis, President, Vice President, Members, and Clerk, respectively, of the South Bend Board of Park Commissioners, who, having been duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of such entity as such representatives. WITNESS my hand and Notarial Seal this _day May, 2019. My Commission Expires: 6 Notaiy Public Notaty Public (Printed) My County of Residence: SOUTH BEND REDEVELOPMENT COMMISSION Marcia I. Jones, President ATTEST: Quentin Phillips, Secretary Date Signed: _________ _ STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Nota1y Public in and for said County and State, personally appeared Marcia I. Jones and Quentin Phillips, President and Secreta1y, respectively, of the South Bend Redevelopment Commission, who, having been duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of such entity as such representatives. WITNESS my hand and Notarial Seal this _day May, 2019. Mary C. Brazinsky, Notaiy Public Resident of St. Joseph County, Indiana Commission expires: December 12, 2024 I affirm, under the penalties for pe1jury, 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 7 EXHIBIT A 1. The driveway, ingress and egress easement disclosed in a Warranty Deed from the Southern Mills Products Company, an Indiana Corporation, to Opelike Manufacturing Corporation, an Illinois Corporation, dated February 25, 1966 and recorded March 2, 1966 in Deed Record 673, page 636 in the Office of the Recorder of St. Joseph County, Indiana, and also disclosed in Special Warranty Deed from First Bank and Trust Company of South Bend, as Successor Trustee under a certain agreement and declaration of trust dated April 15, 1936 and recorded in Miscellaneous Record 57, pages 442-459, wherein First Bank and Trust Company of South Bend, Liquidating Agent of First National Bank of South Bend, American Trust Company of South Bend, St. Joseph Loan & Trust Company of South Bend and Joseph E. Neff, Receiver of Citizens National Bank of South Bend are designated as parties of the first pa1t, P.W. Van Antwerp, as party of the second part and D.K. Stephenson as patt of the third patt, an Indiana corporation, to the Southern Mills Products, an Indiana corporation, dated October 31, 1941 and recorded November 10, 1941 In Deed 340, page 198 in the Office of the Recorder of St. Joseph County, Indiana. 2. The Easement as disclosed in a quit claim deed from the Southern Mills Products Company, an Indiana corporation to Opelika Manufacturing Corporation, an Illinois corporation, dated Februaty 25, 1966 and recorded March 2, 1966 in deed record 673, page 639 in the Office of the Recorder of St. Joseph County, Indiana. 3. The Easement Agreement by and between Char King, Inc. and Ope like Manufacturing Company of Chicago, dated April 6, 1976 and recorded April 27, 1976 in Deed Record 815, page 112 in the Office of the Recorder of St. Joseph County, Indiana (as modified by the Parking Agreement Document #9526973). 4. The Easement Agreement recorded as Document No. 1123732, dated September 13, 2011, and recorded September 14, 2011, by and between the City of South Bend, Indiana, Depattment of Redevelopment, acting by and through the South Bend Redevelopment Commission, and Stephenson Mills Associates, LLC. 8 Cross references: Instrument Nos.: AGREEMENT TO TERMINATE AND RELEASE REAL PROPERTY INTERESTS This Agreement to Terminate and Release Real Property Interests ("Agreement") is entered into effective as of 12:01 A.M. on -----~ 2019 (the "Effective Date"), by and between the Department of Redevelopment, by and through its governing body, the South Bend Redevelopment Commission (collectively the "City"), and FREG Central High Associates, LLC, a Colorado limited liability company ("FREG"). WHEREAS, the City owns real property in South Bend, Indiana known as Lot Number Two (2) of the Recorded Plat of Central High Associates Minor Subdivision recorded as Document No. 9408747 in the records of the St. Joseph County, Indiana Recorder's office and being more particularly described on Exhibit A attached hereto (the "City Parcel"); WHEREAS, FREG owns real property in South Bend, Indiana known as Lot Number One (I) of the Recorded Plat of Central High Associates Minor Subdivision recorded as Document No. 9408747 in the records of the St. Joseph County, Indiana Recorder's office and being more patticularly described on Exhibit B attached hereto (the "FREG Parcel"); WHEREAS, the City Parcel is burdened by easements for access and parking or is otherwise encumbered by real propetty interests or rights and these encumbrances benefit FREG; WHEREAS, the City is concurrently conveying all right, title and interest in and to the City Parcel to FREG, and the City agrees to release, tetminate and quitclaim unto FREG, all currently existing easements and encumbrances it has over the City Parcel. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby aclmowledged, the City and FREG, agree as follows: 1. The City does herby release, terminate and quitclaim unto FREG all of its right, title and interest in and to the City Parcel which it received by written instrument or otherwise. Without limiting the release, termination and termination set forth herein, the paities agree that the easement specifically identified on Exhibit C attached hereto shall be of no fu1ther force or effect and the parties hereby release each other from any and all liabilities, claims, and obligations arising out of or in connection with any such easements. 2. Each patty shall, at no additional cost to the other patties, cooperate with the other and its authorized representatives with regard to any reasonable requests made subsequent to execution of this Agreement to correct any clerical errors contained in this Agreement and to provide any and all additional documentation deemed necessaiy to effectuate the transaction contemplated by this Agreement. Each party further agrees that the term "cooperate," as used in this Agreement, includes agreeing to execute or re-execute any documents that the patties reasonably deem necessary or desirable to carry out the intent of this Agreement. All patties 1 recognize the duty of each party to act in good faith and with fair dealings when effectuating the intent of this Agreement. 3. The City and FREG intend that this Agreement shall bind every person having any fee, leasehold, or other interest therein, and shall inure to the burden or benefit of each parcel referenced herein, the owner of each such parcel and their respective successors, assigns, heirs, and personal representatives. 4. This Agreement, as well as any instrument releasing or terminating this Agreement, shall be duly recorded in the Office of the Recorder of St. Joseph County, Indiana. 5. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana without reference to its conflict of laws principles. [Signature Pages Follow] 2 FREG CENTRAL HIGH ASSOCIATES, LLC, a Colorado limited liability company By: Forum Management, Inc., a Colorado corporation, its Manager By: ___________ _ Name: __________ _ Title: __________ _ Date Signed: __________ _ STATE OF _____ _, ) SS: COUNTY OF _____ ) Before me, a Notary Public in and for said County and State, personally appeared ____________ ., the ____________ of Forum Management, Inc., a Colorado corporation, who, having been duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of such entity as such officer or other representative. WITNESS my hand and Notarial Seal this _day ____ , 2019. My Commission Expires: 3 Notary Public Notary Public (Printed) My County of Residence: SOUTH BEND REDEVELOPMENT COMMISSION Marcia I. Jones, President ATTEST: Quentin Phillips, Secretary Date Signed: _________ _ STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Nota1y Public in and for said County and State, personally appeared Marcia I. Jones and Quentin Phillips, President and Secretary, respectively, of the South Bend Redevelopment Commission, who, having been duly sworn, acknowledged the execution of the foregoing instrument for and on behalf of such entity as such representatives. WITNESS my hand and Notarial Seal this _day ______ ., 2019. Mary C. Brazinsky, Notary Public Resident of St. Joseph County, Indiana Commission expires: December 12, 2024 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 Jaw. Sandra L. Kennedy Prepared by Sandra L. Kennedy, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601 4 EXHIBIT A Rights and benefits of an easement as disclosed in an Easement Agreement by and between the City of South Bend, Indiana, Depa1tment of Development, acting by and through the South Bend Redevelopment commission and Central High Associates, LLC, dated January 17, 2012 and recorded January 17, 2012 as Instrument Number 1201374 in the St. Joseph County records. Said easement affects the following described prope1ty: Being in that pait of the Northeast qualier of Section 11, Township 37 North, Range 2 East, Pmtage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot number Two (2) of the recorded plat of "Central High Associates Minor Subdivision" recorded as Document No. 9408747 in the records of the St. Joseph County, Indiana Recorder's office and being more particulai·ly described as: Beginning at the Northeast comer of said Lot 1 of said subdivision; thence South 00° 01' 34" West, 313.76 ft.; thence South 89° 58' 26" West, 172.35 ft.; thence Nmth 00° 01' 34" East, 42.66 ft.; thence Nmth 89° 57' 21" West, 197.41 ft. to the East line of William Street; thence South 00° 00' 00" West along said East line 91. 15 ft. to the Nmth line of Washington Street; thence South 89° 48' 08" East along said No1th line, 430.07 ft. the West line of St. James Court; thence No1th 00° 01' 34" East along said West line, 411.05 ft. to the South line of Colfax Avenue; thence Nmth 89° 43' 16" West along said South line, 430.26 ft. to the East line of William Street; thence South 00° 00' 00" West along said East line, 206.31 ft.; thence South 89° 57' 21" East, 145.29 ft.; thence Nmth 06° 01' 09" East, 13.57 ft.; thence Nmth 00° 02' 39" East, 34.30 ft.; thence Nmth 89° 58' 26" East, 50.83 ft.; thence Nmth 00° 01' 34" West, 109.01 ft.; thence Nmth 89° 58' 26" East, 172.36 ft. to the Point of Beginning. 5 EXHIBITB Fee interest in that part of the Northeast qua1ter of Section 11, Township 37 Nmth, Range 2 East, Pottage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot number one (1) of the recorded plat of "Central High Associates Minor Subdivision" recorded as Document No. 9408747 in the records of the St. Joseph County, Indiana Recorder's office and being more patticularly described as: Beginning at the Nmtheast corner of said Lot #1; thence South 00° 01' 34" West, 313.76 ft.; thence Nmth 89° 58' 26" West, 172.35 ft.; thence No1th 00° 01' 34" East, 42.66 feet; thence North 89°57' 21" West, 197.41 feet to the East line of William Street: thence Nmth 00° 00' 00" East along said East line 114.20 feet; thence South 89° 57' 21" East, 145.29 feet; thence Nmth 06° 01' 09" East, 13.57 feet; thence No1th 00° 02' 39" East, 34.30 feet; thence Nmth 89° 58' 26" East, 50.83 feet; thence Nmth 00° 01' 34" West, 109.01 feet; thence Nmth 89° 58' 26" East, 172.36 feet to the Point of Beginning. 6 EXHIBITC 1. Easement Agreement, by and between City of South Bend, Indiana, Department of Development and Central High Associates, LLC recorded January 17, 2012 as Instrument #1201374, of the St Joseph County records 7 EXHIBIT E-LOCATION OF 26 FREE PARICTNG SPACES AT WHARF PARTNERS PROPERTY (SEE ATTACHED 1 PAGE) L' \ -· -; = -----"" -' ---~'", 0 ... _,., C..'!J ''"' N LEGEND (26) OFF-STREET PARKING SPACES ( 12) ON-STREET PARKING SPACES EXHIBIT "E" NOT TO SCALE EXHIBIT F-1-LOCATION OF 25 PARKING SPACES (SEE ATTACHED 1 PAGE) N LEGEND ~ ARKING (25 SPACES) ~ PHASE 1 p EXHIBIT " 1" F-NOT TO SCALE EXHIBIT F-2-LOCATION OF REPLACEMENT 26 FREE PARKING SPACES AT STEPHENSON MILLS PROPERTY (SEE ATTACHED 1 PAGE) N LEGEND ~ (p~5ASE II EXISTING · SPACES) PARKING PHASE II PROP (26 SPACES) OSED PARKING (10) EXISTING SPACES EXHIBIT " F-2" NOT TO SCALE EXHIBIT G-LOCATION OF "ONE-WAY" (FROM SOUTH TO NORTH) EXIT DRIVE ON THE EAST SIDE OF THE PROPERTY (SEE ATTACHED 1 PAGE) lij § 1 ff I iii Lil / ~ N LEGEND ~ TEMPORARY DRIVE EXHIBIT "G" NOT TO SCALE EXHIBIT H-KELLER ENGINEERING INITIAL ASSESSMENT (SEE ATTACHED 9 PAGES) January 13, 2019 Revised January 30, 2019 Forum Real Estate Group 4500 Cherry Creek Drive South, Suite 550 Glendale, CO 80246 Attn: Peter Faulhaber RE: STEVENSON MILL, 322 E. COLFAX AVENUE, SOUTH BEND, INDIANA Project No. 1811-117 On Thursday, January 10, 2018, Rick D. Keller P. E. met with Tina Bobbitt at the Stevenson Mill building located at 330 W. Colfax Avenue in South Bend, Indiana. The purpose of the meeting was to inspect the building to determine if there was any damage caused by vibrations resulting from the heavy construction that is underway next door. The Stevenson Mill building was a three-story heavy industrial type structure that had been converted into apartments. The building consisted of a concrete frame with exterior brick in fills and wood interior flooring. It was renovated into apartments about 25 years ago. The interior had drywall finishes and windows matching the original appearance of the building were also installed 25 years ago. Keller Engineering, Inc. 54365 30°1 Street• South Bend, lndia,na 46635 • P: (574) 272-3525 • F: (574) 247-6006 www.KellerEngineeringinc.com STEVENSON MILL January 13, 2019 Revised January30, 2019 Page 2 of 9 Residents have complained about vibrations occurring in the building as a result of construction activity next-door. This vibration was most noticeable on the upper floors but the majority of the damage was found on the lower floors. This is where the stresses would have been the greatest. Keller Engineering performed an inspection of the interior of the hallways, a sampling of the apartments and an exterior inspection. Photographs were taken of areas of concern throughout the building. The most obvious damage was found in the drywall on the hallways on the lower levels. Multiple cracks were found in the drywall between the upper corners of doorways and the overhead beams. The cracks tended to follow the seams between drywall panels and typically followed a stair step pattern. It was difficult to focus a camera on the cracks, but here is a sampling. Keller Engineering, Inc. @UOD@OtiiUID 54365 30t11 Street• South Bend, Indiana 46635 • P: (574) 272-3525 • F: (574) 247-6006 www.KellerEngineeringinc.com STEVENSON MILL January 13, 2019 Revised January30, 2019 Page 3 of 9 (l]_l11·U1HDibZDJ111Bl Keller Engineering, Inc. 54365 30th Street• South Bend, Indiana 46635 • P: (574) 272-3525 • F: (574) 247-6006 www.KellerEngineeringlnc.com STEVENSON MILL In at least one area, distortion between two panels at a corner could be seen. Also buckling could be seen in the upper corner of a drywall panel at the intersection with a concrete frame. It is highly likely the vibrations such as the occupants have described could cause this damage January 13, 2019 Revised January30, 2019 Page 4 of 9 Keller Engineering, Inc. 54365 30th Street• South Bend, Indiana 46635 • P: (574) 272-3525 • F: (574) 247-6006 www.KelierEngineeringinc.com STEVENSON MILL Keller Engineering, Inc. ' ,, January 13, 2019 Revised January30, 2019 Page 5 of 9 OJll0/2019 54365 30th Street• South Bend, Indiana 46635 • P: (574) 272-3525 • F: (574) 247-6006 www.KellerEngineeringinc.com STEVENSON MILL January 13, 2019 Revised January30, 2019 Page 6 of 9 On the exterior, we observed several areas of deterioration that largely could be attributed to rusting reinforcing steel. The rust takes up more volume than the bare steel, which causes the concrete to burst. Close-ups of these spalls are available in our office. Keller Engineering, Inc. 54365 30th Street• South Bend, Indiana 46635 • P: (574) 272-3525 • F: (574) 247-6006 www.KellerEngineeringinc.com STEVENSON MILL January 13, 2019 Revised January30, 2019 Page 7 of 9 This is the chip at the top of the wall and a column with spalled concrete. Keller Engineering, Inc. 54365 30th Street• South Bend, Indiana 46635 • P: (574) 272-3525 • F: (574) 247-6006 www.KellerEngineeringinc.com STEVENSON MILL The picture on the right shows the damaged beam above the east door entrance. Damage coL,tld be seen over the north east corner on the west face. Keller Engineering, Inc. January 13, 2019 Revised January30, 2019 Page 8 of 9 54365 30th Street• South Bend, Indiana 46635 • P: (574) 272-3525 • F: (574) 247-6006 www.KellerEngineeringinc.com STEVENSON MILL Quite a few spalls could be seen in other parts of the north face. ,,,.;~" •fj . ~'~ __ _/_ I I I January 13, 2019 Revised January30, 2019 Page 9 of 9 Ill./ 101::'0l'l The vibrations from the adjacent construction had the potential to dislodge some of the loose concrete. It did not appear, however, that significant structural damage to the building could be attributed to this vibration. We would attribute the interior drywall cracks to the vibrations. If you have any further questions, please call. Sincerely, j/IJ;:1£'-Rick D. Keller P.E. Keller Engineering, Inc. 54365 30th Street• South Bend, Indiana 46635 • P: (574) 272-3525 • F: (574) 247-6006 www.KellerEngineeringinc.com EXHIBIT I-INCOME BASELINE (SEE ATTACHED 5 PAGES) Database: VILLAGEGREEN ENTITY: STM FREG STEPHENSON MILL ASSOC LLC Actual amounts from 07/16 to 3/19 12 Month Trailing Income Statement Village Green $J!f~>mi·1 r~~1~0 1~1.B~i!~;:6_2£s1t~~~Br?.9f!:fu~ii\15JJ~1~Q~:?!!i~.s>.a¥it2s1:£~;j!iJ\!?.~21~1RliJhfll211&1?J~1,,,~h~Ei'.:t2JE~!:',J2B?"'~~z~~m1!l1&~e~/Zil\~~~~gmg2k~.J1it(ME!t~1!til TOTAL INCOME 41,373 42,056 39,994 40,647 43,733 43,205 43,431 42,923 45,963 42,760 44,185 45,454 45,451 lfi.~!~Egg_g~~t§.~ei.@RWma~2=,0.~f,¼fifYf'~?~tiJ!}t<i!'.l!Pi2t?di@ir,J&Jli22,1:~::;?~§~\J&t2'~I111{~fili~,91fuit~~PBfill1:§I1M~¥L~9.t~l1.fil',.@_P.n~~PJt~Jtii;~(913e~'tlllJi5t.itml'.~2!ll3Ji11W~~-Qg]: 44,870 46,661 46,070 45 ,694 46,389 46,129 4 6,133 45,530 44,942 46,955 48 ,192 46,54 9 47,259 49,992 --------------------------------------------------------------·--·~-·-·•---· ~J11i1.01i•.r~."i ~l'l%W,'JV~~Wif:if~lVi.;o~~qrsriwp;mro•~f:~;\j~~~~o;~;8~ii.i?~~w~i 't1~l~YlJ fo~:~!f(~4:~'Y~}Jfg1:t~15-.!1/2fi}(fo?~1t9:rf;,~1~~,(JJ~;J~-2tl.!fo't:·~~9\'ii;li1,_i1~~~\;/~t~W-o!;~~r9,,??J\f~i;:-'M•t?~J1~.:~;2, '.',;io~:i ;~w{tWf11Y:~312'i~1o¼?;V9~~~1:r1\i¼:~fJ ~, /,~:o•~i,;~\t9i;\\l~\;~~~1~i~\y~{f':~11:lP-lT.fl~:s'~~ifr~:~fW1\~~w:1:p~Wi~~~J-~~r.;i~R~1f;,~~~~:;l"31(firi?~ ,~1 ~.~1.1t-P~~~i{*~r~£Ytf -~J&Ji~1~~~~s~~-.i~:~J~~~~~~A!~J~£~~~~tl ~A~W.f;f.Yli!.~L,~~1itl; .. ~-J~~~-&r~~~-~~tidS~'t~5!¥.&t2 b4~ .. 0Y' ... , 'Jhrr,i@tZ~~EJ~5:dJA~~t~~~'t~i~~PJ~®~~~.et ~.Pdli~~~~~~~!.~l,§iP;Y,?~t~ 48,809 49,087 49,630 growth since July 2016: annualized : 51 ,513 51,389 20.60% 7.73% 49,896 50,217 50 ,538 50 ,860 51,181 51,502 51,823 52,144 52,466 ~-~:r.;:.(wn11~=,trlif!:?/.:i.;f1!~1T~ft!~~[G~f..;(i!lf.~\-;itj:~~11ri!1fiWi:·~Ti;l!~J;i';f.i.f)i~~.~,~li;J}]t1,S~iiC~t \\]*~,':w1.f~~r.11a1sW,~l'.t~1~F:~q~,;r~r ~,\?/41t,)f~1ltJ~~:TIWJ1~[St~·~i/ffir,~.i;1~1:li~T::;1f[~JiU:,1~~~iI~rn-:;r,ri1;i;:~lj-;~\Q:f1~:•::~;'l%;.;liil~~jlifff!~,w.::,~i~wi~iklJl·~'.W,~~/;l/.;~·~tf(,~rep1mm;p;i~~i1~.Jf~¥.PSi~~'i2\[.~l1ii?iWi~f0?f-~~,?~;~ ~~!f'Jt9J~gM~0!!~~~4>.i~;:,,1,~~R~R~~~~,2,~q3~t§t~Pf~\?9?.~~~fil'dg,g~~p~~~~~~,~!l~2~if~~~E.8&2!Mt±§.fill~~~l.l~llit81:,~~~ggw.!1§:B~9~.ii~B?.,!l,Y.1g~g@tii~~~~~t! 52,787 53,108 53,429 53,751 54,072 54,393 54,714 55 ,035 55,357 55 ,678 55,999 56 ,320 56 ,641 56,963 0) (0 LO co LO 00 ~ co LO (0 N 0) ti LO 0 (0 r--:-LO EXHIBIT J-POST-PROJECT TRASH ENCLOSURE REBUILD (SEE ATTACHED 1 PAGE) DUMPSTER ENCLOSURE EXAMPLE •AC'JUAI. DESIGN, SIZE, mo MATEIUMS MAY VNrf EXHIBIT "J" EXHIBIT K-LOCATION OF 61 PARKING SPACES AT STEPHENSON MILLS PROPERTY (SEE ATTACHED 1 PAGE) [ "E -=---=_:;·.c;;..:;..:::___;; -.,_ _ -·,. -·,,. ·,, .. o. , ---W· -------, ~·l\11ti __ -:-:----•.•: N LEGEND POST CONSTRUCTION (S1) SPACES PARKING EXHIBIT "K" NOT TO SCALE