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HomeMy WebLinkAbout#2016- Deed; QUIT-CLAIM DEED 615 North Michigan Street, South Bend, IN 46601Quit -Claim Deed Memorial Health Systems, Inc. 615 N. Michigan St. South Bend, Indiana 46601 Vacated Keasey Street Key 9 18-7022-0861 thru 0869 Wenger's 41h Addition Portion of Lots 66 and 67 thru 73 �5 JWZ.[J_ Gt/yu� Y /:k � - 1-4424 -& MAIL DEED TO: BOARD OF PUBLIC WORKS 1300 COUNTY -CITY BUILDING SOUTH BEND, IN 46601 AUDITOR'S RECORD TRANSFER NO. TAXING UNIT DATE axing rUnit oate MAIL TAX BILL TO: KEY NO.: 18-7022-0861, -0862, MEMORIAL HEALTH SYSTEMS, INC. -0863, -0864, -0865, 615 NORTH MICHIGAN -0866, -0867, -0868, SOUTH BEND, IN 46601 -0869 ATTN: PHILIP A. NEWBOLD QUIT CLAIM DEED (Private Redevelopment) THIS INDENTURE WITNESSETH, that the City of South Bend, Indiana (Grantor), conveys and quit claims to Memorial Health Systems, Inc., an Indiana not -for -profit corporation (Grantee), for and in consideration of Thirty two thousand, three hundred and twenty Dollars ($32,320.00), the receipt of which is hereby acknowledged, the following described real estate in the City of South Bend, St. Joseph County, Indiana (Real Estate): See attached Exhibit A SECTION I. This Deed is subject to the covenants, conditions, restrictions, and provisions of the Contract for Sale of Land for Private Redevelopment entered into between the Grantor and the Grantee dated lq/°/gl&r� , 1997, a copy of which was recorded on as Document No. , in the Office of the Recorder in St. Joseph County, Indiana (the Agreement). The Grantee may not convey this Real Estate, or any part thereof, without the consent of the Grantor until the Certificate of Completion, as described in the Agreement, releasing the Grantee from the obligations of the Agreement as to this Real Estate, or such part thereof then to be conveyed, has been placed on record. This provision, however, in no way prevents the Grantee from mortgaging this Real Estate in order to obtain funds for the purchase of Real Estate hereby conveyed and for erecting improvements thereon in conformity with the Development Plan for the Sample Ewing Development Area (Plan) and applicable provisions of the Zoning Ordinance of the City of South Bend, Indiana. The terms and covenants of the redevelopment of the Real Estate and to deemed covenants running with the land. 1 Agreement pertaining to the the improvements shall be DULY ENTERED FCP TAXATION .iOSL-pH F. ti\Sr, G AUDITOR ST. jOSEPH Co. 1NDIANA P--ppppppp . It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the redevelopment of the Real Estate through the construction of the improvements thereon, as provided in the Agreement, and as represented to the Grantor in public documents of the Grantor, including but not limited to the bid proposal submitted to the Grantor by Grantee (Project). Such construction shall be begun no later than June 15, 1997, and qualify for a certificate of occupancy from the Building Commissioner of the City of South Bend within twelve (12) months thereafter, in the manner provided for in the Agreement. Promptly after completion of the Project, the Grantor will furnish the Grantee with an appropriate instrument so certified. Such certification by the Grantor shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of all covenants, requirements, obligations and the like in the Agreement and Exhibit B, and in this deed, except the covenants of Section VII of the Agreement and Section III herein for the limited time set forth therein. All certifications provided for herein shall be in such form as will enable them to be recorded with the Office of the Recorder of St. Joseph County. SECTION II. In the event the Grantee herein, prior to the recording of the Certificate of Completion hereinabove referred to, shall -- (a) default in or violate any obligations with respect to the construction of the improvements provided for in this Deed and the Agreement, or abandon or substantially suspend construction work, and any default, or violation, abandonment, or suspension is not cured, ended, or remedied within three (3) months (six (6) months if the default is with respect to the date for the completion of the improvements) after written demand by the Grantor so to do; or (b) fail to pay real estate taxes or assessments on the Real Estate or any part thereof when due, or shall place thereon any encumbrance or lien not authorized by the Agreement with the Grantor, or shall suffer any levy or attachment to be made, or any materialmen's or mechanic's liens or any other unauthorized encumbrances or lien to attach, and such taxes or assessments are not paid or the encumbrance or lien removed or discharged, or provisions satisfactory to the Grantor made for such payments, removal or discharge, within thirty (30) days after written demand by the Grantor so to 2 DULY ENTERED Sl . ,A do; or (c) in violation of the Agreement or of this Deed, transfer the Real Estate or any part thereof, or if there is any change in the ownership or partnership interests, or to the identity of the parties in control of the Grantee or either of them or the degree thereof, and such violation is not cured within thirty (30) days after written demand by the Grantor; then the Grantor shall have the right to re-enter and take possession of the Real Estate and to terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee, its assigns or successors in interest. Such reversion of title shall, however, be subject to the lien of any outstanding mortgage authorized by the Agreement. SECTION III. The Grantee agrees for itself and its successors and assigns to or of the Real Estate any part thereof, hereinabove described, that the Grantee and such successors and assigns shall -- (a) devote the Real Estate to, and only to, and in accordance with the uses specified in the Plan; (b) not discriminate upon the basis of race, sex, color, religion, or national origin in the sale, lease or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land; and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the Grantor, its successors and assigns, and the City, and any successor in interest to the Real Estate, or any part thereof, and the owner of any other land or any interest in such land in the Sample Ewing Development Area which is subject to the land use requirements and restrictions of the Plan, and the United States (in the case of the covenant in clause (b)) against the Grantee, its successors and assigns, and every successor in interest to the Real Estate, or any part thereof. It is further intended and agreed that the agreement and covenant provided in clause (a) shall remain in effect for the duration of the Plan, at the expiration of which such agreement and covenant shall terminate, and the agreements and covenants provided in clause (b) shall remain in effect without 3 DULY ENTERED FOR TAXATION JOSEPH F. NAGY AUDITOR ST. JOSEPH CO. INDIANA pppppp� limitation as to time: r v' , however, that such agreements and covenants shall be binding on the Grantee itself, each successor in interest to the Real Estate, and every part thereof, and each party in possession or occupancy, respectively, only for the period as such successor or party shall have title to, or an interest in, Possession or occupancy of, the Real Estate or part thereof. The terms "uses specified in the Plan" and "land use" referring to Provisions of the Plan, or similar language, in this Deed shall include the land and all buildings, housing, and other requirements or restrictions of the Plan pertaining to such land. SECTION IV. In amplification, and not in restriction, of the provisions of this Deed, it is intended and agreed that the Grantor and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided herein, and the United States shall be deemed a beneficiary of the covenants in clause (b) of Section III hereof, both for and in their own right, and also for the purposes of protecting the interest of the community and the other parties, public or private, in whose favor or for whose benefit these agreements and covenants have been provided. Such agreements and covenants shall run in favor of the Grantor and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the Grantor or the United States has at any time been, remains, or is an owner of any land or interest therein to, or in favor of, which such agreements and covenants relate. The Grantor shall have the right in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in clause (b) of Section III hereof, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. SECTION V. This Deed is also given subject to: (a) Easements, Restrictions, and Agreements of record. (b) Covenants, Conditions, and Restrictions contained in the Plan. (c) Provisions of the zoning ordinances of the City of South Bend, Indiana, insofar as they affect this real estate. In the event any of the terms, conditions, herein conflict with those contained in the conditions, obligations and restrictions of together as a whole, shall prevail. 4 obligations or restrictions Agreement, the terms, the Agreement, when read DULY ENTERIED FOR AXAT!0,1\1 JOSE;-III F. Ni1011 AUDIYOR ST. jOS EPH Cv. 1NDIANA Gross Income Tax is this deed. Grantor certifies under oath that no Indiana due or payable in respect to the transfer made by IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed on its behalf by its Mayor, and attested by its City Clerk and caused its corporate seal to be hereunto affixed on r 1997. CITY OF SOUTH BEND GRANTOR B Y : �•• .� -- can �1t St phen� J. Luecke ATTEST•• Lorett� J. da r - STATE OF INDIANA ) ST. JOSEPH COUNTY Before me, the undersigned, a Notary Public, in and frr said County and State, personally Stephen J. Luecke and Loretta J. Ada, Mayor and City Clerk, respectively, of the City of South Bend, Indiana, and acknowledged the execution of the foregoing Deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and official seal on the t day of �i 997. x ; , "?,„too„ �it�►,r, '; `'; "y r'.Q' �1 •}y. fro '���, Ali Notary Publi Residing in St. Joseph County, IN :: Expires: fill t�ocorrzfon�i f5 , ��7 5 DULY ENTERED FOR TAXATION JOSEPH F. NAGY AUDITOR ST, JOSEPH CO. INDIANA ACCEPTED: MEMORIAL HEALTH SYSTEMS, INC. Zell By: Its: Date: This instrument was prepared by Anne E. Bruneel, Chief Assistant City Attorney, City of South Bend, 1400 County -City Building, South Bend, Indiana 46601. DULY ENTERED ;�OR TAXATION JOSE'� c,11'10IT<,; R ST, JOSEPM CO. INDIANA R. 32T A LEGAL DESCRIPTION That part of the Northeast North, Range 2 East, Quarter of Section 13, Indiana city of South Bend Township 37 which is known as a portion of�Lot�Sixteph County Lots Sixty-seven 67 Y-six (66) sand the South Half of (vacat vacated SevStreethl -three (73),a portion of adjacent to said Lots, the vacated alley bet eenng rsaid Loth of ts Sixty-nine (69) and Seventy Rush Street lying East of and 7adjac nt0) and htoWest saidHLot of vacated Seventy-three (73) as shown on the recorded Plat of 'Wenger's 4th Addition", recorded in Plat Book 5, on page 40, in the Office of the Recorder of St. Joseph County, Indiana, and being more particularly described as: Beginning at .the intersection of the East line of Fellows Street with centerline of vacated Keasey Street as shown on said recorded plat; th degrees 38 minutes 03 seconds Eastnce South 89 , 394.12 feet eato the centerline of vacated Rush Street; South 00 degrees 16 minutes 40 seconds West along said centerline, 157.07 feet to the intersection of the centerline of vacated Rush Street with the South line of said Lot Seventy-three (73), extended East; thence along the South line of said Lots Sixty-six (66) through Seventy-three (73) and their South line's Easterly extension, North 89 degrees 39 minutes 50 seconds West, 368.75 feet; thence North 01 degrees 03 minutes 32 seconds East, 17.63 feet; thence North 35 degrees 57 minutes 05 seconds West, 45.70 feet; thence North 01 degrees 03 minutes 32 seconds East, 102.81 feet to the point of beginning. _ 18-7022-0861, -0862, -0863, -0864, -0865, -0866, -0867, -0868, --D869 L)Jj4_ [ ENTERED �'UR TAXATION jC)SEPH V. i,IAGY 54 .��ti SY -F", n lggl 3UL - l /\ l3. t"I 9 7ZS9 75