HomeMy WebLinkAbout#3162- Deed; ACCESS AGREEMENT Fire Station #2 - Southeast Intersection of Lincoln Way West and Dr. Martin Luther King, Jr. Drive3X2
8/14/2006
Access Agreement
LOT NO. f
SUB:
South Bend Heritage Foundation
Lincolnway West
Description:
Souteast Intersection of Lincoln Way West and Dr.
Martin Luther King, J.. Drive
- ---- -=- =_= a,���=� __.
ACCESS AGREEMENT
THIS AGREEMENT made this 24th day of July, 2006, by South Bend Heritage
Foundation, 803 Lincoln Way West, South Bend, Indiana ('Property Owner") and the City of
South Bend, Indiana, by and through its Board of Public Works, County -City Building, Suite
1300, 227 W. Jefferson Boulevard, South Bend, Indiana (the "City").
RECITALS
WHEREAS, Property Owner is the owner of certain real property known as the Fire
Station site located at the southeast intersection of Lincoln Way West and Dr. Martin Luther
King, Jr. Drive and more particularly described at Exhibit A (the "Property"), and
WHEREAS, the City is considering the acquisition of the Property for constructing a
new municipal fire station, Fire Station 42 (the "Project); and
WHEREAS, the City requires access to the Property during the course of negotiations
to acquire the Property in order to obtain fiirther information with respect to environmental
conditions and other matters pertaining to the Property in order to assess its suitability for the
Project; and
WHEREAS, Property Owner is willing to permit the City and its respective agents
and consultants to gain access to the Property subject to the following terms and conditions;
NOW THEREFORE, in consideration of the mutual covenants herein contained and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Grant of Access. Property Owner grants to the City, its agents, contractors,
employees and successors and assigns, a temporary, non-exclusive right on, in, across and
under the Property for the purposes of the investigation, surveying and sampling of soils and
improvements located in, and constructing the Project upon and under the Property. This
non-exclusive right to enter the Property shall be at reasonable times as may be determined
by agreement of the parties. The City agrees to provide Property Owner with reasonable
notice before accessing the Property.
2. Confidentiality. The City and Property Owner agree that neither party nor any of
their respective designees, representatives, contractors, employees or agents, successors or
assigns shall disclose to any third party or publicly announce the results of any information
obtained from such investigation, surveying, sampling or inspecting unless agreed to by the
parties, or unless otherwise required by law. The City shall take all necessary steps to protect
the confidential character of information obtained or reports and documents generated as a
result of the access granted herein. The City shall provide Property Owner with the results of
any sampling undertaken pursuant to the terms of this Agreement. The City shall require and
cause to be executed by each of its employees, representatives, contractors and/or agents who
request access to the Property a Certification of Compliance with Access Agreement in the
form attached hereto as Exhibit B.
3. Termination. The rights granted under this Agreement shall terminate on the
earlier of (i) closing of the acquisition of the Premises by the City, or (ii) delivery of written
notice from Property Owner to the City of South Bend, Department of Law, County -City
Building, Suite 1400, 227 W. Jefferson Boulevard, South
4. Indemnification. The City agrees to defend, indemnify, and hold harmless Property
Owner from and against any and all damages and claims arising from or related to the acts or
omissions of the City, its agents, contractors, employees, successors and assigns, in the
exercise of any privileges granted under this Agreement.
IN WITNESS WHEREOF, the parties have each executed this Agreement effective
as of the date first written above.
CITY OF SOUTH BEND, INDIANA, by
and through its Board of Public Works
Gary Gilot, President
4Cf �
E�onlnl,,ber
��Ml)
Carl LittrelI
ATTEST:
r
4s; nalia
f
Printed N e and Title
SOUTH BEND HERITAGE
FOUNDATION
Charlotte B. Sobel, Director of
Development & Special Projects
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before e, the u dersigned, a Notary Public for and in said County and State this
day of 006, personally appeared Charlotte B. Sobel, for and on behalf
of the South Bend I itage Foundation and acknowledged execution of the foregoing
Access Agreement on behalf of said organization.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal. 0(
1412,
W otary Public
Resident of the , County, Indiana
My commission expires: l7 Ci
STATE OF INDIANA }
) SS:
ST. JOSEPH COUNTY )
Before n r2the
and rsigned, a Notary Public for and in a'Coun andState this
�ayf �� ,2006, persohall appeared CL; �`f
h (�R(J ,I , ' ,known to be e members of the
City of South Bend Board of Public Works and acknowledged execution of the foregoing
Access Agreement on behalf of said Board.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal.
Notary Public
Resident of the County, Indiana
My commission expires:
Prepared by Shawn E. Peterson, Assistant City Attorney
EXHIBIT A
LEGAL DESCRIPTION FOR PROPERTY
EXHIBIT B
CERTIFICATION OF COMPLIANCE WITH ACCESS AGREEMENT
I certify that I shall keep confidential the information obtained in the course of my
inspections of the property located at the southeast intersection of Lincoln Way West and Dr.
Martin Luther King, Jr. Drive (the "Property") as more particularly described in the Access
Agreement dated July 24, 2006 (the "Access Agreement") and/or materials provided to me in
connection therewith, all in accordance with the terms and restrictions of the Access
Agreement pertaining to the Property. I have reviewed a copy of the Agreement and agree to
abide by the restrictions contained therein.
For:
(Company)
Signalure
Printed Name and Title
Dated:
S S0U TN p OCT 13 2006
O 1,•Itti(;/�;; `{d CITY OF SOUTH
DIV. OF ENGINEEM I G
4 �• 'L
13 65
LEGAL DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Thomas Bodnar, Assistant City Attorney
Angie Jacob, Board of Public Works
DATE: October 12, 2006
FROM: Pamela A. Paluszewski, Paralegal ae
RE: Fire Station #2
Closing Documents
For your file, attached please find copies of the closing documents and recorded
deed relating to the Fire Station #2 property. If you have any questions, please contact
me at 5865.
Attachment
F'1FIOME!CGREENE1WPDatalattParalegallMcmos\Mtsc�BPW memo transmitting Ftrc Station #2 Closing Docs.memo.doc
METROPOLITAN TITLE IN, LLC
4100 EDISON LAKES PKWY,
SUITE 120
MISHAWAKA, IN 46545
Ira,,Sf52r SSS
Taxing dj-,zj
Date_ _ fp .
DEED
Grante 's Mailin Address:Property Address;
C c , a — q 402 Dr. Martin Luther King Jr. Drive
South Bend, IN 46601
i{OO I,tu.f7�1lIJC(
0 6 4 3 6 9 Y
RECORDED AS PRESENTED ON
10/10/2006 09:28:11AN
TERRI 3. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $19.00
PAGES: 2
Tax Parcel No.: 18-1029-1304, 18-
1029-1303; 18-1029-1300; 18-1029-
1302; 18-1029-1301, 18-1022-0905,E
18-1022-0908; 18-1022-0915�18-
1022-0909918-1022-0914 ,'18-1022-
0910,"18-1022-0911;08-1022-091201)
18-1022-0903, 18-1022-0902, and 18-
1022-0913 '
This Indenture Witnesseth, That South Bend Heritage Foundation, Inc., an Indiana corporation, and
South Bend Heritage Foundation Properties, LLC, an Indiana limited Ilablllty company,
Con✓ey(s) to City of South Bend, Indiana
For the sum of Ten & 00/100 Dollars ($10.00) and other valuable oonslderation, the following described real
estate in 8t Joseph County, in the State of Indiana:
A part of the Southeast Quarter of Section 2, Township 37 North, Range 2 East, Portage Township, City of South
Bend, St. Joseph, Indiana, known as Lots 5 through 7 and part of Lots 2 through 4 and Lot 8 of Kunstman's 2nd
Addition, also a part of Lots 13 through 15 of Kunstman's AddlHon, also Lots 13 and 14 of George Rush's
Subdivision, also Lots 2 through 4 and part of fot 1 of Ort's Subdivision, along with proposed vacation of a portion
of Scott Street, Oak Street, and Alley lying West of Lots 13 through 14 of George Rush's Subdivision being more
particularly described as follows: Beginning at the Southwest corner of Lot 8 as shown on the plat of Kunstman's
2nd Addition; thence S 89°59'02" W, for a distance of 221.21 feet to the East right-of-way line of Dr. Martin
Luther King Jr. Drive (formerly Chapin Street); thence N 52033'19" W, for a distance of 56.50 feet to the West
right-of-way line of Dr. Martin Luther King Jr. Drive; (hence along said right-of-way line the following six (6)
courses; 1) thence N 37116'50" E, for a distance of 214.33 feet; 2) thence N 37047'46" E, for a distance of 56.67
feet; 3) thence N 32021'44" E, for a distance of 111.97 feet; 4) thence N 33006'59" E, for a distance of 55.47
feet; 5) thence N 41058'OB" E, for a distance of 31,62 feet; 6) thence along an arc to the left with a radius of
45.35 feet and an arc length of 32.68 feet and subtended by a chord bearing of N 10045'40" W and a chord
length 31.98 feet to the South right-of-way line of Lincolnway West; thence along said right-of-way line S
62033'44" E, for a distance of 256.82 feet to the West right-of-way line of Kunstman Court; thence along said
right-of-way fine S 00008'41" E, for a distance of 121.08 feet; thence 5 89159'02" W, for a distance of 72.87 feet;
thence S 00017'27" E, for a distance of 176.41 feet; thence S 89059'02" W, for a distance of 160.38 feet; thence
S 00°17'27" E, for a distance of 29.64 feet to the point of beginning.
SubJect to real estate taxes not yet due and payable.
South Bend Heritage Foundation, Inc. warrants title to that portion of the property that was described in
Instrument Numbers 0109945, 0267387, 0257386, and 0525672.
South Bend Heritage Foundation Properties, LLC warrants title to that portion of the property that was described
in Instrument Number 0462645.
The undersigned persons executing this deed on behalf of said grantor represent and certify that they are duly
elected officers/members/managers/partners of said grantor and have been fully empowered, by proper
resolution of the Board of Directors/Managers/Partners of said grantor to execute and deliver this deed; that the
grantor has full capacity to convey the real estate described herein and that all necessary action for the making of
such conveyance has been taken and done.
Subject ro any and all easements, agreements, and restrictions of record.
File No.: 185059 Page 1 of 2
DULY FqTEKD FOR TAXATION
MICHAEL C. EBY
?. ,Ir,SI Fu CO. !NVANA
Signed this 4th day of October, 2005.
South Bend Heritage Foundation, Inc.
By: C6��z —
Chariotte B. Sobel
Its: Director of Development and Special Projects
South nd Heritage Foundatl Properties, LLC
By: -
Charlotte B. Sobel
Its: Director of Development and Special Projects
State of Indiana; St Joseph County:
Before me, a Notary Public in and for the said County and State, personally appeared Charlotte B. Sobel, as
Director of Development and Special Projects of South Bend Heritage Foundation, Inc., and as
Director of Development and Special Projects of South Bend Heritage Foundation Properties, LLC ,
who acknowledged the execution of the foregoing Deed, and who, having been duly sworn, stated that any
representations therein contained are true.
Witness my hand and notarial seal this 4th da200
My commissfon expires: pSignat�e&er'
IXY
MI
OVSKY rinted Notary Public
NotaryPjbM Side Of k+dm Residing In County, Indiana
Couaty d 3t Joao
Cm lsstm EOM ,Fan. 312006
This instrument prepared by: Louis Klatch, Attorney at Law.
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 law. q ,�1 wd41�tl
Name:
File No.: 185059 Page 2 of 2
OMB Approval No, 2502-0265
+. acatement Statement
B. Type of Loan
_
Metropolitan Title Company
Final Statement
1.5. Loan Type
6. File Number 185059
7. Loan Number
8, Mortgage Insurance Case Number
C. Note: This form 15 lumished to glue you a statement or actual sculanent costs. /lmounis paid to and by the seltlement agent are shown, items marked'(POC)'rvem paid outside this closing; they are shown
I tat for mlounalional prapuses and ate na[ itkluded to the totals.
D. Name of Borrower. City of South Bend, Indiana
1400 County -City Building, South Bend, IN 46601
E. Name of Seller: South Bend Heritage Foundation, Inc. and South Bend Heritage Foundation Properties, LLC
803 Lincolnway West South Bend, IN 46616
F. Name of Lender.
G. Property Location: Lincolnway West, South Bend, IN 46601 F
(Fire Station No. 2)
H. Settlement Agent: Metropolitan Title Company
Address: 1920 E. McKinley Ave., Mishawaka, IN 46545
I.
Settlement Date: 1010412006
Print Date: 1D19412006, 7:49 AM
Disbursement Date: 1010412006
Place of Settlement Address: 4100 Edison Lakes Parkway Suite 120
Mishawaka, IN 46545
J. Summary of Borrowers Transaction
K. Summary of Seller's Transaction
100. Gross Amount Due from Borrower
400. Gross Amount Due To Seller
101. Contract Safes Price
10.00
401. Contract Sales Price
10.00
102 Personal Property
402 Personal Property
103. Settlement charges to borrower (line 1400)
370.00
403. Total Deposits
104.
404.
105,
405.
Adjustments for items paid by seller in advance
Adjustments for items paid by seller in advance
106. Cilyhown taxes
406. Cityltown taxes
107. County lazes
407. County taxes
108 Assessments
408 Assessments
109.
409.
110.
410.
111.
411
112.
412
113.
413,
114
414,
115,
415
- - -
120. Gross Amount Due From Borrower
380.00
420. Gross Amount Due To Seller
10.00
200. Amounts Paid By Or In Behalf of Borrower
500. Reductions In Amount Due to Setter
201 Deposit or earnest money
501, Excess deposit (see instructions)
202. Principal amounl of new loan(s)
502, Settlement charges (line 1400)
203. Exlsling loan(s) taken subject
503. Existing loan(s) taken subject
204.
504. Payoff of first mortgage loan
205.
505. Payoff of second mortgage loan
206,
506.
207.
507.
208.
508.
209
509.
Adjustments for items unpaid by seller
Adjustments for items unpaid by seller
210. Cityltown taxes
510. Cily/town taxes
211. County taxes 01/01/06 to 10104/06 0$20.171yr 15.31
511. County taxes 01/01/06 to 1D104106 0$20.171yr
15.31
212. Assessments
512, Assessments
213
513.
214.
514.
--
215.
515.
216.
516.
217
517.
21B.
518.
219.
519.
- -
220. Total Paid ByfFor Borrower
15.31
520. Total Reduction Amount Due Seller
15.31
300. Cash At Settlement From/To Borrower
600. Cash At Settlement TofFrom Seller
301. Gross amount due from Borrower (line 120)
380.00
601. Gross amount due to Seller line'90) 10.00
302. Less amounts paid by/for Borrower (I1Pe 220)
15.31
602. Less reductions in am s Is durrlo Seller (line 520) 15.31
303. Cash (X From) ( To) Borrower
364.69
603. Cash ( To) (X Fron eller 5,31
The I IUD•1 Settlement Stale Jte�n w�1tCh I have pryare IS id accurate
�.
account oaf this tr ns� ',� 1 pave caused or will cause the funds to bg
u1auur aa;u Ill CiLcOrVance wlin t
Settlement Agent: if % _ _ _ .� _ Date:,i
See SUnDlemental Pane Inr details
File Nn. 185059
L. Settlement Charges
700. Total SalesiBroker's Commission based on price
Paid From
Borrower's
Funds at
Serllement
Paid From
Seller's
Funds at
Settlement
Division of Commission pine 700) as follows
701
702.
703. Commission paid at Settlement
704.
-
800. Items Payable in Connection with Loan
801. Loan Origination Fee
_
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lender's Inspection Fee
806 Mortgage Insurance Application Premium
801. Assumption Fee
-_
808.'
809.
810.
811.
813.
-
874.
Supplernenral Summary
900. hems Required by Lender to be Paid in Advance
901. Inmresr
902.
903. f7azard Insurance Premium for
904.
905.
-
Supplemental Summary
1000. Reserves Deposited with Lender
1001. Hazard insurance
1002. Mortgage Insurance
1003. City Property Taxes
-
1004. County Property Taxes
1005. Annual assessments
1006.
1007
1008, Aggregate Accounting Adjustment
1100. Title Charqes
1101. Settlement or closing fee
1102. Absiracl or title search
1103 Title examination
1104 Title Insurance Binder
-
1105. Document Fee
1106. Notary Fee
_
1101. Attorney Fee
(includes above itern numbers. )
1108. Title Insurance - See supplemental page for breakdown of individual fees and payees
275.00
(includes above item numbers.)
1109. Lender's coverage $0.00
_
1110 Owner's coverage $10.000.00 Premium. $275.00
1111. Legal Document Preparation Fee - Metropolitan Tille Company
50.00
1112. TI Enforcement Fund - OP - Metropolitan Title Company
5.00
1113.
1114.
1115.
1116.
1117.
1200. Government Recording and Transfer Charges
1201. Recording fees:
1202. Citylcounly tax/stamps:
1203- Stale taxlslamps.
1204. Recording Service Fee to Metropolitan Title Co.
40.00
1205,
1206.
1300. Additional Settlement Charges
1301. Survey to
1302. Pest Inspection to
1303.
1304.
1305.
7306'
1307,
1308.
1309
1310.
1311
1312.
1313.
1314.
Supplemenlal Summary
_
---
--
-
-
1400 Total Settlement Charges (enter on fines 103, Section J and 502, Section K)
370.00
S(x: Su(lplcniental I'agc tnr, ticiaus.
File No.
Supplemental Page 185059
HUD-1 Settlement Statement
Metropolitan Title Company Loan No. —
Final Statement
Settlement Date:
1010412006
Borrower Name & Address: City of South Bend, Indiana
1400 County -City Building, South Bend, IN 46601
Seller Name & Address: South Bend Heritage Foundation, inc. and South Bend Heritage Foundation Properties, LLC
803 Lincolnway West South Bend, IN 45616
Paid From Paid From
Section L. settlement Charges continued Borrower's Seller's
Funds at Funds at
Settlement Settlement
1108. Su lemenial Summary275,00
a) Owners Premium - Melfopolitan Title Company 275.00
The following Section is restated from the Settlement Statement Page 1
300. Cash Al Settlement From/To Borrower
600. Cash Al Settlement To/From Seller
301. Gross arnount due from Borrower (line 120)
380,00
601. Gross Amount due to Seller (line 420)
10.00
302. Less amounts paid by/for Borrower (line 220)
15.31
601. Less reductions in amounts due to Seller (line 520)
15,31
303. Cash (X From) ( To) Borrower
364.69
603. Cash ( To) (X From) Seller
5.31
I have carefully reviewed the HUD-1 Settfement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
distributions made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement.
BUYER(S):
City of South Bend, Indiana
Nt�t
x
By: ?9e
yl A. Gre , Legal Counsel
SELLER(S):
South Bend Heritage Foundation, Inc., an
Indiana corporation and South Bend Heritage
Foundation Properties, LLC, an Indiana limited
liability company
}
By: Charlotte B. Sobel, Director of
Development & Special Projects
F,
f•'kt�1� A'�t SALES DISCLOSURE FORM
i{ PRIVACY NOTICE: The telephone ' x' State Farm 46021 (R6/7-06) numbers of the parties on this form
Prescribed by Department of Local Government Finance are confidential according to IC6-1.1- I III�I I��II Ihl� #III# II#II li#till III 1111 f#II
rein- _ Pursuant to IC6-1.1.5.5 5.5-3(d).
Parcel Number#) (Show additionl parcels on separate sheet if nece
Address
102 Dr. Martin Luther King Jr. Drive
City, Town, or Post Office
State
ZIP Code
South Bend
Tax Billing Address (if other than property address)
City, Town, o Pos fflce
State
JZIP Code
-
Legal Description
See the attached legal description marked as Exhibit A
Identify all conditions/items that apply
0 i-Buyer Is an adjacent property owner
O 2-Vacant Land
Q 3-Exchange for other real property ("Trade")
0 4-Seiler Paid Points; amount if applicable
S
0 5-Change planned In the primary use of the property? Describe In
special circumstances.
a 6-Existence of farnlly or business relationship between buyer and seller
Q 7-Land Contract Dated:
Q 8-Personal property Included In transfer; amount If applicable
Part of Parcel
Acreage or Lot Size (split)
I 1 10
# of Parcels
M
NOTE: If items 12-21 apply, filers are not subject to disclosure
filing fee.
12-Security Interest documents such as mortgages or trust
deeds.
0 13-Leases less than go years
0 14-Document resulting from foreclosures, or express
threat of foreclosure, divorce court order, condemnation,
probate or other judicial proceedings.
Q 15-Agreements and other documents for mergers, consolidations,
and Incorporations
Q 16-quitdaim deeds not serving as a source of title
0 17-Documents involving the partition or land between tenants
j� In common, joint tenants, or tenants by the entirety.
J J 0 18-Transfer to a charity, not -for -profit or government
L� Institution.
(1 9-Significant physical changes to property between March I and date of sale 19-Transfer for no or discounted consideration, or girt
Q 10-Mon-Warranty deed; spedfy type (D 24-Rerecording to correct prior recorded document
0 11-Partial Interest. Describe In special circumstances. ( 21-Easements, Ri ht-cf•wa 9 y grants
Contract Date (MM/DD/YYYy) Sales Price
0 D $�
Describe arr unusual or s edal draimstances related to this sale indudin the s ecincatlon of an less-than-com lele ownershi interest and terms of seller financinn
A
I 14
INDIANA SALES DISCLOSURE FORM Page2
Buyer I - Name or Entity as appears on deed
City of South Bend, Indiana _ Will this property be the buyers primary
Address - residence?
1,100 County -City building
Yes No
City, Town, or Post Office State ZIP Code
South Bend / 111, 1 � � U
Buyer 2 - Name or Entity as appears on deed
1—J
Address
City, Town or Post Office State ZIP Code
Under penalties of perjury, I hereby certify that this Sales Disclosure, to the best of my knowledge and belief, is true, correct and
complete as required by law, and is prepared in accordance with IC 6-1.1-5.5, "Real Property Sales Disclosure Act".
Signa" of Seller Sigpajure of Buyer ,--
Seller Sign Date Buyer n Date
(MM/DD/YYYY) Z d (MM/DD/YYYY)
Seller Phone Buyer Phone
?� ► D �o Z 2�35-q
1r County Assessor or other assessing official must verify and complete the following information.
,t
t 0 Significant physical changes to property between March 1 and date of sale
AUDITOR'S FILE STAMP
t AV LAND � Property das./use
crate
$ AV IMPV
Taxinn District (MGF asslarted)
i � �
I
It Completion 0 Yes 0 No $ AV TOTAL O Valid Sale
I Date Entered in Transfer Book
II NEIGHBORHOOD CODE
(Attached to and becoming a part of document dated, • October 04, 2006)
EXHIBIT A
Land situated in the County of St Joseph, State of Indiana, is described as follows:
A part of the Southeast Quarter of Section 2, Township 37 North, Range 2 East, Portage Township, City of South Bend,
St. Joseph, Indiana, known as Lots 5 through 7 and part of Lots 2 through 4 and Lot 8 of Kunstman's 2nd Addition, also a
part of Lots 13 through 15 of Kunstman's Addition, also Lots 13 and 14 of George Rush's Subdivision, also Lots 2 through
4 and part of lot 1 of Ort's Subdivision, along with proposed vacation of a portion of Scott Street, Oak Street, and Alley
lying West of Lots 13 through 14 of George Rush's Subdivision being more particularly described as follows: Beginning at
the Southwest corner of Lot 8 as shown on the plat of Kunstman's 2nd Addition; thence S 89°59'02" W, for a distance of
221.21 feet to the East right-of-way line of Dr. Martin Luther King Jr. Drive (formerly Chapin Street); thence N 52033'19"
W, for a distance of 56.50 feet to the West right-of-way line of Dr. Martin Luther King Jr. Drive; thence along said right-
of-way line the following six (6) courses; 1) thence N 3711650" E, for a distance of 214.33 feet; 2) thence N 371147'46" E,
for a distance of 56.67 feet; 3) thence N 321121'44" E, for a distance of 111.97 feet; 4) thence N 33106'59" E, for a
distance of 55.47 feet; 5) thence N 411158'08" E, for a distance of 31.62 feet; 6) thence along an arc to the left with a
radius of 45.35 feet and an arc length of 32.68 feet and subtended by a chord bearing of N 10145'40" W and a chord
length 31.98 feet to the South right-of-way line of Lincolnway West; thence along said right-of-way line S 62°33'44" E, for
a distance of 256.82 feet to the West right-of-way line of Kunstman Court; thence along said right-of-way line S
00008'41" E, for a distance of 121.08 feet; thence S 89059'02" W, for a distance of 72.87 feet; thence S 00017'27" E, for
a distance of 176.41 feet; thence S 89°59'02" W, for a distance of 160.38 feet; thence S 00°17'27" E, for a distance of
29.64 feet to the point of beginning.
18-1029-1304 35' x 84' 315 Scott St. South Bend 46616
18-1029-1303 25' x 84' 317 Scott St. South Bend 46616
18-1029-1300 41' x 159' 710 VAC LOT 15, South Bend 46616
18-1029-1302 35' x 84' 319 Scott St. South Bend 46616
18-1029-1301 42' x 84' 321 Scott St. South Bend 46616
18-1022-0905 84' x 160' 406 Scott St. South Bend 46616
18-1022-0908 63' x 60' 404 VAC LOT 5, South Bend 46616
18-1022-0915 41' x 59' 335 Kunstman South Bend 46601
18-1022-0909 56' x 160' 324 Scott St. South Bend 46616
18-1022-0914 29' x 59' 339 Kunstman South Bend 46601
18-1022-0910 28' x 160' 320 Scott St. South Bend 46601
18-1022-0911 28' x 160' 18 VAC LOT 7, South Bend 46601
18-1022-091201 26' x 160' 316 Scott St. South Bend 46616
18-1022-0903 33' x 46' 18 VAC LOT 4, South Bend 46616
18-1022-0902 47' x 94' 18 VAC LOT 4, South Bend 46616
18-1022-0913 63' x 52' 520 LWW South Bend 46601
File Number: 185059
Grantee's_Mailin Address:
DEED
Property Address:
402 Dr. Martin Luther King Jr
South Bend, IN 46601
Tax Parcel No.; 18-1029-1304, 18-
Drive 1029-1303, 18-1029-1300, 18-1029-
1302, 18-1029-1301, 18-1022-0905,
18-1022-0908, 18-1022-0915, 18-
1022-0909, 18-1022-0914, 18-1022-
0910, 18-1022-0911,18-1022-0912011
18-1022-0903, 18-1022-0902, and 18-
1022-0913
Thislndenture Witnesseth, That South Bend Heritage Foundation, Inc., an Indiana corporation, and
South Bend Heritage Foundation Properties, LLC, an Indiana limited liability company,
Convey(s) to City of South Bend, Indiana
for the sum of Ten & 00/100 Dollars ($10.00) and other valuable consideration, the following described real
estate in St. Joseph County, in the State of Indiana:
A part of the Southeast Quarter of Section 2, Township 37 North, Range 2 East, Portage Township, City of South
Bend, St. Joseph, Indiana, known as Lots 5 through 7 and part of Lots 2 through 4 and Lot 8 of Kunstman's 2nd
Addition, also a part of Lots 13 through 15 of Kunstman's Addition, also Lots 13 and 14 of George Rush's
Subdivision, also Lots 2 through 4 and part of lot 1 of Ort's Subdivision, along with proposed vacation of a portion
of Scott Street, Oak Street, and Alley lying West of Lots 13 through 14 of George Rush's Subdivision being more
particularly described as follows: Beginning at the Southwest corner of Lot 8 as shown on the plat of Kunstman's
2nd Addition; thence S 891159'02" W, for a distance of 221.21 feet to the East right-of-way line of Dr. Martin
Luther King Jr. Drive (formerly Chapin Street); thence N 52033'19" W, for a distance of 56.50 feet to the West
right-of-way line of Dr. Martin Luther King Jr. Drive; thence along said right-of-way line the following six (6)
courses; 1) thence N 37116'50" E, for a distance of 214.33 feet; 2) thence N 37147'46" E, for a distance of 56.67
feet; 3) thence N 321121'44" E, for a distance of 111.97 feet; 4) thence N 33106'59" E, for a distance of 55.47
feet; 5) thence N 41058'08" E, for a distance of 31.62 feet; 6) thence along an arc to the left with a radius of
45.35 feet and an arc length of 32.68 feet and subtended by a chord bearing of N 101145'40" W and a chord
length 31.98 feet to the South right-of-way line of Lincolnway West; thence along said right-of-way line S
621133'44" E, for a distance of 2S6.82 feet to the West right-of-way line of Kunstman Court; thence along said
right-of-way line S 001108'41" E, for a distance of 121.08 feet; thence S 891S9'02" W, for a distance of 72.87 feet;
thence S 00°17'27" E, for a distance of 176.41 feet; thence S 89159'02" W, for a distance of 160.38 feet; thence
S 0001727" E, for a distance of 29.64 feet to the point of beginning.
Subject to real estate taxes not yet due and payable.
South Bend Heritage Foundation, Inc. warrants title to that portion of the property that was described in
Instrument Numbers 0109945, 0267387, 0267386, and 0525672.
South Bend Heritage Foundation Properties, LLC warrants title to that portion of the property that was described
in Instrument Number 0462645.
The undersigned persons executing this deed on behalf of said grantor represent and certify that they are duly
elected officers/members/managers/partners of said grantor and have been fully empowered, by proper
resolution of the Board of Directors/Managers/Partners of said grantor to execute and deliver this deed; that the
grantor has full capacity to convey the real estate described herein and that all necessary action for the making of
such conveyance has been taken and done.
Subject To any and all easements, agreements, and restrictions of record.
File No.: 185059
Page 1 of 2
Signed this 4th day of October, 2006.
South Send Heritage Foundation, Inc.
By: OVA L�
Charlotte B. Sobel
Its: Director of Development and Special Projects
South end Heritage Foundatioi Properties, LLC
Charlotte B. Sobel
Its: Director of Development and Special Projects
State of Indiana; St Joseph County:
Before me, a Notary Public in and for the said County and State, personally appeared Charlotte B. Sobel, as
Director of Development and Special Projects of South Bend Heritage Foundation, Inc., and as
Director of Development and Special Projects of South Bend Heritage Foundation Properties, LLC
who acknowledged the execution of the foregoing Deed, and who, having been duly sworn, stated that any
representations therein contained are true. _
Witness my hand and notarial seal this 4th day 0� October, 20
My commission expires: Signat
HEIDI OVSKYPrinted , Notary Public
sEOL , Notary Pubho, State of ird8na Residing in
County of St. Jose�tr County, Indiana
Vy Gommisalon Expires Jan. 31, 2006
I
This instrument prepared by: Louis Klatch, Attorney at Law. ;
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 law.
Name:
File No.: 185059 Page 2 of 2
DISCLOSURE AND ACKNOWLEDGMENT
Date: October 04, 2006
Property Address: Lincolnway West, South Bend, Ifs 46601
By signing this statement the undersigned acknowledge the following:
1. That all dosing documents prepared by Metropolitan Title Company are prepared at the direction and request of
all parties to the transaction, their real estate agent(s)/broker(s) or attorney(s).
2. That Metropolitan Title Company is not acting as my agent, attorney, representative or fiduciary, at
this real estate closing.
3, That Metropolitan Title Company's employee who has attended this closing represents only Metropolitan Title
Company.
4. That Metropolitan Title Company's employee who has identified certain documents to me as he/she has presented
them to me for signing, but has not given me legal advice as to the meaning or effect of the
documents. I understand that any of his/her statements about the documents are not legal advice to me. If I
have an attorney, that attorney is my only attorney in this transaction.
5. That I have either read all of the closing documents or am responsible for my own failure to have read them. I
understand that Metropolitan Title Company is not responsible for explaining to me the effect of the
documents I have signed.
6. That the title policy, when issued, will contain all of the exceptions noted on the commitment, unless such
exceptions are removed to the satisfaction of Metropolitan Title Company at closing.
7. That I have read this statement and understand it.
SO*(s):
W)/Borrower(s):
i r A i To2vEy
Ty
Metropolitan Title Company
Amenca's Premier Title Agency
File Number: 185059
O��AIE1R'S AFF�Dia�IT CON9PLIA�ICE AC&�EEI�dEt1�T
File Number: 185059 Forwarding Address:
Date: October 04, 2006 803 Lincolnway West
Property Address: Lincolnway West, South Bend, IN 46601 South Bend, IN 46616
(To be executed by all parties shown as vested owners in the commitment for title insurance,)
Affiant makes the representations contained herein to induce the purchaser to consummate the transaction referenced in the
commitment, to obtain the proceeds of the sale, and to induce Metropolitan Title Company to issue a policy(s) of title insurance
on behalf of the underwriter named in the commitment. Affiant further agrees that in the event it is determined there are unpaid
charges which were due and payable prior to and including the date of closing, and which are the responsibility and obligation of
the Affiant, that the Affiant shall pay any and all amounts so charged and shall provide proof of payment of same to Metropolitan
Title Company. Affiant further agrees and covenants, if requested by Metropolitan Title Company, to fully cooperate and adjust
for clerical errors in any closing documents, including but not limited to, repayment of any overpayments and executing duplicate
closing documents.
The undersigned, being first duly sworn, deposes and says as follows:
1. That Affiant is 18 years of age or older, is a citizen of the United States, has not married or divorced since purchasing the
real estate, and has not used or been known by any other name;
2. That Affiant is the owner of certain premises described in Commitment No. 185059, and has not filed, nor is subject to any
bankruptcy, receivership, or insolvency proceedings;
3. That the Affiant is in the possession of said property and there are no other parties in possession or claiming rights of
possession; (NONE, unless noted)
4. That Affiant has no knowledge of any unrecorded water, mineral, gas or oil rights unrecorded easements or claims of
easements, boundary line disputes or claims of such grants or rights relative thereto; (NONE, unless noted)
5. That there are no proceedings instituted or undertaken by anyone which will result in a lien or special assessment upon the
premises. There are no delinquent taxes, special assessments, (including but not limited to any Barrett Law Assessments if
property is located in the State of Indiana), water bills, sewer bills and assessments, weed cutting bills, board -up fees, Lap-
in fees, utility bills, or Homeowner's Association fees covering subject property; (NONE, unless noted)
6. That there have been no improvements made nor labor or materials furnished to the premises within the last 90 days;
(NONE, unless noted)
7. That Affiant has no knowledge of any other matters affecting the title including but not limited to: mortgages, liens, land
contracts, options or other encumbrances other fan those which are being paid from the loan proceeds. (NONE, unless
noted) /
and sworn toA_Y(5r,�_Ime this QctOberj64,/iA06.
Not4�ffPublic: V
hiatary County/State: / M6DAM SKY
County Acting In:9HEID1Notary Pudiana
Commission Expires: CouMy commissi31, 2008
Vest" wner(s):
Sout Bend Heritgage Foun ation, Inc.
South Bend Heritage Foundation Properties, LLC
Metropolitan Title Company
America's Premier 7-itle Agency
File Number: 185059
NOTICE OF YOUR FINANCIAL PRIVACY RIGHTS
We want you to know that the privacy and confidentiality of your personal information is very important to Metropolitan
Title Company . We value your business and we want to retain your trust. In the course of providing products and
services to you, we may obtain nonpublic personal information about you. We are required by law to provide you with
this notice in order to inform you how Metropolitan Title Company collects, uses and safeguards your nonpublic personal
information. This notice also tells you how you can limit our disclosure of personal information about you.
What Information Do We Collect
We may obtain nonpublic personal information about you from the following sources:
• Information we receive from you from applications or other forms;
• Information about your transaction with us from our files or from our affiliates;
• Information about your transaction with nonaffiliated third parties such as your real estate agent or lender;
The information we obtain includes, but is not limited to, your name, address, social security number, employer, income,
account information from financial institutions, parties to a transaction and credit card usage.
What Information Do We Disclose
To meet your needs with quality products and services we may disclose any of the above information that we collect
about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law.
AFFILIATES
Our affiliates are the family of companies controlled by Metropolitan Title Company or under common control with
another company. We may share the types of information described above, as permitted by law, with our affiliates for
purposes of marketing or market research.
NON -AFFILIATES
Nonaffiliated third parties are those not part of the family of companies controlled by Metropolitan Title Company or not
under common control with another company.
Service Providers, Contractors
Any service providers or contractors used by Metropolitan Title Company are required to follow the terms of our Privacy
Policy. Access to your nonpublic personal information by a service provider or contractor is restricted to the purpose for
which they have been retained by Metropolitan Title Company .
Joint Marketing
We may disclose your personal information to a nonaffiliated third party that we have an agreement with to perform joint
marketing of products or services that we feel may interest you.
Other Non -Affiliates
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies:
Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
Non -financial companies such as envelope stuffers and other fulfillment service providers.
METROPOLITAN TITLE COMPANY DOES NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUTTHEIR
CUSTOMERS OR FORMER CUSTOMERS EXCEPT, AS PERMITTED OR REQUIRED BY LAW.
The Confidentiality and SecuritV of Your Nonpublic Personal Information
Metropolitan Title Company restricts the access to your nonpublic personal information to those employees who need to
know the information in order to provide products and/or services to you. Our employees are required to maintain the
confidentiality and privacy of our customers. We maintain physical, electronic and procedural safeguards that comply
with federal regulations to guard your nonpublic personal information.
Changes to this policy
We may amend this policy at any time, and we will inform you of any changes as required by law.
Your Privacy Choices
The law allows us to share with our affiliates your personal information and information about our transactions or
experiences with you. The law also allows us to share your personal information with our contractors and service
providers.
If you prefer that we not disclose information about you to nonaffiliated third parties, you may direct us not to share this
information by calling the Corporate Office at 1-800-848-5375 or by writing to us at 622 East Grand River, Howell,
Michigan 48843. Please provide your name, address including city and state of the property and our file number.
i Metropolitan Title Company
America's Premier rde Agency
File Number: 185059
TAX PRORATION AGREEMENT/ACKNOWLEDGEMENT
File Number: 185059
Date- October 04, 2006
Reference: City of South Bend / SBNF Inc. & Properties, LLC
Property Address: 319 North Scott Street, South Bend, IN 46616
Seller and Purchaser Acknowledge and Agree as Follows:
1. That the parties hereto have settled the proration of taxes and assessments by the method reflected on the
settlement statements signed at the closing, and these statements constitute final settlement. Any prior agreement
between parties shall be deemed as modified hereby.
Z. The Purchaser acknowledges and agrees:
a) that all real estate taxes billed on or after this date are the sole responsibility of the Purchaser,
b) that the Purchaser shall make any necessary arrangements to obtain all future tax bills. Purchaser
acknowledges it is not the responsibility of Metropolitan Title Company to notify any Treasurer of change in
ownership.
3. The Seller acknowledges and agrees:
a) that the Seller represents and warrants to the Purchaser and Metropolitan Title Company and its underwriter
that all outstanding taxes and assessments including but not limited to all sewer and water charges, road
paving, maintenance charges, trash collection charges, weed charges, association dues, penalties, and
administration fees have been paid in full by the Seller.
or
b) that, if not previously paid by the Seller, all outstanding taxes and assessments including but not limited to all
above said items shall be deducted from the Sellers proceeds as reflected on the settlement statement.
c) that the Seller has not received any notification of any future assessments and has no knowledge of any
improvement or maintenance undertaken by any municipality or association.
d) that the Seller will immediately pay any taxes and assessments including but not limited to the above said items
(Paragraph 3a) which may subsequently be discovered to have been a lien on the property or incurred prior to
the date of closing,
Seller and Purchaser acknowledge and agree:
a) That any settlement to the proration of taxes or assessments is a matter entirely between the Seller and
Purchaser, and that neither the Seller nor the Purchaser is relying on advice from Metropolitan Title Company in
determining method of statement.
b) That Metropolitan Title Company is relying on the agreement of the Seller and Purchaser as reflected in the
settlement statements in order to disburse funds.
c) That, except for the failure of Metropolitan Title Company to properly account for the funds provided to it, Seller
and Purchaser jointly and severally agree the indemnify Metropolitan Title Company for any loss or damage,
including but not limited to reasonable attorney fees incurred as a result of failure to comply with this
agreement.
d) That Seller and Purchaser acknowledge Metropolitan Title Company and its underwriter are relying on the
representations made herein for the purpose of closing the real estate transaction referenced herein and are
disbursing funds based on upon such reliance.
Seller(s):
Purchaser(s):
w- �iq Perri h I CITY
Metropolitan Title Company
America's Premier title Agency
File Number: 185059
File Number:
Date:
ACKNOWLEDGEMENT OF RECEIPT OF Ifs TAX BENEFITS FORM
AND EXEMPTION FILING INSTRUCTION
185059
October 04, 2006
Property Address: Lincolnway West, South Bend, IN 46601
The undersigned acknowledges receipt of the Indiana Property Tax Benefits form (Yellow paper).
The State of Indiana allows certain credits to apply on real estate tax statements that can reduce the amount due on the
annual tax bill. The deed and mortgage must be of record by March 1st and the property exemptions must be filed by
the homeowner no later than May 10th to receive the savings for the bills issued in the following year.
The Indiana Property Tax Benefits form indicates all available exemptions with eligibility requirements. Most homeowners
can apply for the homestead exemption and a mortgage exemption but check with the Auditor for any additional
exemptions available.
Exemptions must be filed in the County Auditor's Office and you will need the following information:
1. Tax Key Number: 18-1029-1303 et al
2. Recording Number -of Mortgage - Available from the County Recorder about 4 to 8 weeks after closing.
3. Mortgage Amount - if filing form mortgage exemption
4. Mortgage Company Name
Exemptions are only filed once and remain in effect until any of the following occur: Property is sold or refinanced;
recording of a new deed; Owners buy another residence, file exemptions and apply the credits to the new property.
The deadline for filing exemptions from this closing is May 10, 2007.
L
Buyer Octob r 04, 2006
Gil Y OF '�OJR-I -�(i�� N4DieW4
Buyer
October 04, 2006
Metropolitan Title Company
America's Premier irf/e Age cy
File Number: 185059