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Home My WebLink About#1339- Deed; FACADE EASEMENT City of South Bend & Trust No. 30560 (Palais Royale)qt- / 331V FACADE EASEMENT -- BETWEEN TRUST NO. 3C560 and City of South Bend. (PALAIS ROYALE) C_ FACADE EASEMENT THIS INDENTURE made this lst day of Jul a 2_ jJ 1985, by and between TRUST NO. 30560, an Indiana land trust having 1st Source Bank as its Trustee, hereinafter called the "Grantor", and CIVIL CITY OF SOUTH BEND, INDIANA, hereinafter �- a t the "Grantee", for and in consideration of their mutua .,, n called and agreements, and the payment of $25.00 promises, covenants the parties hereto agree as follows: 1. Grantor is the owner of a certain parcel of real g property located in St. Joseph County, State of Indiana, and z,; more particularly described as follows: Lot Numbered Six (6) and a lot or parcel of land twenty-four (24) feet in width, north and south, taken off of and from the entire length of the south side of Lot Numbered Five (5), all as shown on the Original Plat of the City of South Bend, Indiana. 2. Grantee agrees to renovate the facade of the building located on the above described real property and to then lease the facade easement to Grantor for a term of nine- teen (19) years. In consideration for these agreements by Grantee, and other consideration Grantor hereby conveys to Grantee an interest in the above described real estate con- sisting of an easement over the exterior facade of the building located on the above described real estate, which easement shall be deemed to run with the land as a servitude until ter- minated under the provisions set forth herein. The terms of this easement are that Grantee may alter, rehabilitate and use the entire facade and exterior of the building located on the above described property and shall do so in accordance with certain architectural plans and drawings which are approved in advance by Grantee and the standards of the National Park Service for Historic Structures and that during the term of this easement Grantee shall have the exclusive use of the ex- terior of said building, subject to such uses as it, its lessees or its assignees may permit, and subject to the rights of tenants in the Building and their licensees and others to ingress and egress to and from the Building, with this Easement t - , not inhibiting the ingress to and egress from the Building whatsoever. Grantor agrees to maintain the Facade after it is renovated and agrees that Grantee shall have no responsibility for any such maintenance or repair. 3. This easement may be terminated by Grantee exer- cising an option contained within the lease between Grantor and Grantee, by making payment of the entire Rental Base described in the lease, plus interest due to date of making the final payment and paying Grantee the sum of One Dollars ($1.00). Upon the above payments and exercise of option being completed, Grantee shall deliver to Grantor an instrument in writing which shall be recorded in the records of the Recorder of St. Joseph County, Indiana, to terminate this easement. Until so termi- nated, this easement shall continue in force. 4. This easement may be leased by Grantee to Grantor at any time. No other assignments or leases may be made with- out Grantor's prior written consent. If this easement is leased to Grantor, Grantor shall thereby obtain all of the rights of Grantee in said easement during the term of the lease. 5. This easement shall inure to the benefit of and bind the respective parties hereto, their successors in inter- est and assigns and the successors in title to the above prop- erty. IN WITNESS WHEREOF, the undersigned executed and delivered this Facade Easement this 1st day of July , 1985. TRUST NO. 30560 BY: 1ST SOURCE BANK, Trustee BY ALL 46' ASSISTANT SECRETARY CIVIL CITY OF SOUTH BEND, INDI, BY PPROV E ATTEST: 1� E OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and Skate, this 1st day of July 1985, personally appeared .1ST SOURCE BANK, Trustee, by John F_ Fox Vice President and Robert B. Rountree known to me to be the and Senior Trust Assistant Officer and Secretary of lst Source Bank, Trustee, and acknowledged the execution of the above and foregoing Facade Easement for and on behalf of said Trustee and that he is authorized by it so to do. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. Mar orie L. Habermann, Notary Public a resident of St. Joseph County, IN My commission expires: August 8, 1985 STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, this 1st day of July 1985, personally appeared John E. Leszczynski and Michael L. Vance known to me to be the President and Member , Board of Public respectively, of Civil City of South Bend, Indiana, /k and ac- Works knowledged the execution of the above and foregoing Facade Easement for and on behalf of said Civil City of South Bend, Indiana, and that they are authorized by it so to do. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. h' ••,�..., Sandra M. Parmerlee Notary Public ,•° :'°. y a resident of St. Joseph County, IN cimmission expires duly 24, 1988 This instrument prepared by Bruce R. Bancroft, Attorney at Law, 600 1st Source Bank Center, South Bend, Indiana 46601. ST. FILEJ JUL 0 10 ua P, IS RUM NO. WP,liNDA FACADE EASEMENT THIS INDENTURE made this lst day of July , 1985, by and between TRUST NO. 30560, an Indiana land trust having 1st Source Bank as its Trustee, hereinafter called the "Grantor", and CIVIL CITY OF SOUTH BEND, INDIANA, hereinafter called the "Grantee", for and in consideration of their mutual promises, covenants and agreements, and the payment of $25.00 the parties hereto agree as follows: 1. Grantor is the owner of a certain parcel of real property located in St. Joseph County, State of Indiana, and more particularly described as follows: Lot Numbered Six (6) and a lot or parcel of land twenty-four (24) feet in width, north and south, taken off of and from the entire length of the south side of Lot Numbered Five (5), all as shown on the Original Plat of the City of South Bend, Indiana. 2. Grantee agrees to renovate the facade of the building located on the above described real property and to then lease the facade easement to Grantor for a term of nine- teen (19) years. In consideration for these agreements by Grantee, and other consideration Grantor hereby conveys to Grantee an interest in the above described real estate con- sisting of an easement over the exterior facade of the building located on the above described real estate, which easement shall be deemed to run with the land as a servitude until ter- minated under the provisions set forth herein. The terms of this easement are that Grantee may alter, rehabilitate and use the entire facade and exterior of the building located on the above described property and shall do so in accordance with certain architectural plans and drawings which are approved in advance by Grantee and the standards of the National Park Service for Historic Structures and that during the term of this easement Grantee shall have the exclusive use of the ex- terior of said building, subject to such uses as it, its lessees or its assignees may permit, and subject to the rights of tenants in the Building and their licensees and others to ingress and egress to and from the Building, with this Easement not inhibiting the ingress to and egress from the Building whatsoever. Grantor agrees to maintain the Facade after it is renovated and *agrees that Grantee shall have no responsibility for any such maintenance or repair. 3. This easement may be terminated by Grantee exer- cising an option contained within the lease between Grantor and Grantee, by making payment of the entire Rental Base described in the lease, plus interest due to date of making the final payment and paying Grantee the sum of One Dollars ($1.00). Upon the above payments and exercise of option being completed, Grantee shall deliver to Grantor an instrument in writing which shall be recorded in the records of the Recorder of St. Joseph County, Indiana, to terminate this easement. Until so termi- nated, this easement shall continue in force. 4. This easement may be leased by Grantee to Grantor at any time. No other assignments or leases may be made with- out Grantor's prior written consent. If this easement is leased to Grantor, Grantor shall thereby obtain all of the rights of Grantee in said easement during the term of the lease. 5. This easement shall inure to the benefit of and bind the respective parties hereto, their successors in inter- est and assigns and the successors in title to the above prop- erty. IN WITNESS WHEREOF, the undersigned executed and delivered this Facade Easement this 1st day of July 1985. TRUST NO. 30550 BY: 1ST SOURCE BANK, Trustee BY Nrli►'s/ ram' A T T S ROtitk f B. ROUiN (h'EE ASSISTANT SECRETARY CIVIL CITY OF SOUTH BEND, 1NDIANA BY POVED ATTEST : BOARD OF �U IC �4 .,A- S �J, Juj Clerk, Board of Public Works-(. `'�.�` ... - 2 - �.,...�......,..., .�, STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, this 1st day of July 1985, personally appeared 1ST SOURCE BANK, Trustee, by John F. Fox Vice President and and Robert. B. Rountree known to me to be the Senior Trust Assistant Officer and Secretary_ of 1st Source Bank, Trustee, and acknowledged the execution of the above and foregoing Facade Easement for and on behalf of said Trustee and that he is authorized by it so to do. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. arj* i.e L. Habermann, Notary Public a resident of St. Joseph County, IN My commission expires: August 8, 1985 STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, this 1st day of July f 1985, personally appeared John E. Leszczynski and Michael L. Vance known to me to be the President and Member Board of Public Works respectively, of Civil City of South Bend, Indiana,n and ac- knowledged the execution of the above and foregoing Facade Easement for and on behalf of said Civil City of South Bend, Indiana, and that they are authorized by it so to do. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. Sandra M. Parmerlee , Notary Public a resident of St. Joseph County, IN My commission expires: July 24, 1988 This instrument prepared by Bruce R. Bancroft, Attorney at Law, 600 1st Source Sank Center, South Bend, Indiana 46601. -3-