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HomeMy WebLinkAbout#3223- Deed; QUIT-CLAIM DEED (2), A Portion of the Property located on the Northwest Corner of the Intersection of Eddy Street and LaSalle Street As a part of The Eddy,Colfax,LaSalle Project No. 104-033.7 - T-A-! Y. r: 32Y3 l l/30/2007 Quil.rlaim Deed (2)/Warranty Deed/Partial Release ofMortg:+Y (2)/Temporary Easement Agreement 18 ^.7-0594 LOT NO. SUB: Samuel L. Cottrell's 1 st Addition to Lowell South Bend Clinic, LLP Eddy Street Description: A Portion of the Property located on the Northwest Corner of the Intersection of Eddy Street and LaSalle Street As a part of The Eddy/Colfax/LaSalle Project No. 104-033 25 -- Taxing tt.'It Date_ 30 - n PROJECT: HES-9971() PARCEL: 5, 5D & 5E Tax ID#: 18-5017-0594(split) WARRANTY DEED RECORDED AS PRESENTED ON 11/30/2007 10:17:45AM TERRI J. RETHLAXE ST. JOSEPH COUNTY RECORDER REC FEE: $39. 00 PAGES: 12 THIS INDENTURE WITNESSETH, THAT South Bend MAC. L.P..an Indiana Limited Partnership of St. josel2h County, in the State of Indiana , CONVEY(S) AND WARRANT(S) TO TFLE CITY OF SOUTH BEND, STATE OF INDIANA 227 11. Jefferson Blvd., Suite 1316, South Bend, IN 46601 for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof Grantor(s) herein agree(s) to pay all real estate taxes and assessments levied or assessed against the above - designated real estate prior to the date of this deed. Grantor(s) hereby convey(s) the above -described real estate free and clear of all leases, licenses, or other interests, both legal and equitable, and all encumbrances of any kind or character. This document shall constitute a conveyance of the above -described real estate (excepting any parcels specifically designated as easements or as temporary right-of-ways) in fee simple and not merely for right- of-way purposes, and no reversionary rights whatsoever are intended to remain in the Grantor(s). The undersigned person executing this deed represents and certifies that South Bend MAC, file. is the general partner of the Grantor and has been fully empowered by proper resolution or other action of the Grantor to execute and deliver this deed for and on behalf of the Grantor; that the Grantor is a partnership in good standing in the State of its origin and, where required, in the State where the subject real estate is situate; that the Grantor has full legal capacity to convey the real estate described; and that all necessary partnership action for the making of this conveyance has been duly taken. The undersigned person executing this deed further represents and certifies that the undersigned is a duly elected officer of South Bend MAC, Inc. and has been fully empowered by proper resolution or the by-laws of South Bend MAC, Inc. to execute and deliver this deed for and on behalf of South Bend MAC, Inc. as the general partner of the Grantor, and that all necessary corporate action for doing so has been duly taken. /1-j- Dated this Z S day of , 2007. South Bend MAC L.P, an Indiana Limited Partnership -- By: South Be d MAC, Inc., its General P r Q C/ (Signature) _ Martyn Wills, President (Printed Name and Title) Page I of 2 ®Ut_Y EN ORWOON St. j ?jj0,0. STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH } Before me, the undersigned, allotary Public in and for said:County and State, this ��' )� day of _ 2007, personally appeared Marlyn Wills. President of South Bend MAC, Inc.. General Partner of South Bend MAC. L.P., an Indiana Limited Partnershin and acknowledged the execution of the foregoing instrument: Witness my liand and notarial seal. (SEAL) My Commission Expires: \ Notary Public County of Residence ��— 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, Shawn E. Peterson, Attorney at Law. This instrument prepared by: Shawn E. Peterson, Attorney at Law Page 2 of 2 7 HICaF1 ! —U --VVA T PLAT OF SURVEY 5 - C.���b�t "A" for SOUTH BEND MAC, L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIIANA LASALLE STREET (82.5' R/W) N35 00''(C)E (N 89.24' 13"E) NORTH LINE / Ngp 03'O6' SOUTH BEND MAC J 31.43'(C) PARCEL AND EXISTING R/W LASALLE STREET SOUTH BEND MAC, L.P. E-+ DOCA 9750650 a N89'27'57"E 5.00'(C) PROPOSED TEMPORARY R/W N00'32'03"W - 120.00'(C) S89'27'57"W 6.30'(C) PARCEL 5C N69'27'57"E 0.0160 ACRES s.so'(c) PARCEL 5B 0.0059 ACRESt SOUTH LINE SOUTH BEND MAC PARCEL AND EXISTING R/W COLFAX AVENUE PROPOSED TEMPORARY R/W PARCEL 5A 0.0065 ACRES± P.0.13.5C S89'27'57"W 5.00'(C) .--� 0 N89'27'57' 15.00' (C) d� 0 N00'32'03"W 7.00'(C) S89'27 57"W 13.0 ' PROPOSED (C) TEMPORARY R/W N00'32'03"W/ 75.00'(C) S53'26'18'W I'.O.B. ,_13.60'(C} 5A S00'32'04"E 7.95'(C) (N89'24'06"E) COLFAX AVENUE (82.5' RM Nei 00'(c)E P.o.B. 5 P.O.C. 5A,5B,5C NE CORNER LOT 10 CFIRISTINA fIALUS SUBD. APPROXIMATE EAST LINE OF SECTION 12 (CREATED FROM PLATTED DIMENSIONS) EXISTING R/W R/W O ... —NO2'26'36"Vi C7 15.01'(C) CV 0 0 OC r W F 0 P.O.B.513 S89'27'57"W 10 %.!.' S89'27'57"W 10.00'(C) 5.00'(C) -11.DO-(C) N44'S2'54"L S89-24'06"'A 20.00'(C) EAST LINE CHRISTINA HALLS SUUDIVISION OF LOT NO. 15 HATCH LEGEND PERMANENT R/W �vxz/"ME PARCEL 5 0,1445 ACRES} SCALE I " = 50' I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BCLIEF THE WITION PLAT REPRESENTS A SURVEY MADE UNDER MY,&tkll*lil4Xjj/)I;±D TERRITORIAL ENGINEERING, COMPLETED ON 11--3 04_ . CLASS � SURVEY PE�� �qE S QQ'I��IJ ��C SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. Pam' ti• Z `_ :g ,�(, ✓j _ VAN 1-1. JANOVIC ROBERT S. �� 0"' XG 1 L.S. SO411 L.S. 2020002 ��QiNVALUNLES3 ;� EMU0;3� O ALED t 20200024 STArI: (71r ��l) .SURD �117 0 � 200 5;11rFT 1 nF X / 0 WALKERTON INDIANA ).R. = DEED RECORD-BOOK/PAGE L7 = WOOD STAKE F FOUND 0 = IRON BOLT S SET EDP - EDGE OF PAVEMENT R = RECORDED R/W = RIGHT OF WAY P = PLATTED OHL - OVERHEAD LINES M = MEASURED ik = POWER POLE C CALCULATED -X X = EXISTING FENCE * = DIMENSION NOT TO SCALE P.O.D. = POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. = POINT OF COMMENCING 0 =IRON ROD 0 = MONUMENT 0 =IRON PIPE 18E - NAIL DAZE: I JOB NO.: I FILE: 4.-5-(15 04191 R-1-r`TInNI SURVEYOR'S REPORT FOR SOUTH BEND MAC, L.P. (PARCELS 5, THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF r��cEi s DESCRU3ED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON THE SOUTH LINE OF LOTS 9-16 AS SHOWN ON THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE SOUTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE ESTABLISHED NORTH RIGHT-OF-WAY AT PLATTED DIMENSIONS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). ONCE ESTABLISHED, THE SOUTH RIGHT-OF-WAY WAS IN RELATIVE AGREEMENT WITH MONUMENTATION FOUND AT THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #9750650. THE SOUTII RIGHT-OF-WAY OF COLFAX AVENUE, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND IN RELATIVE AGREEMENT WITH LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236) AND THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #97937. SHEET 2 OFi3' / o I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION. KNOWLEDGE AND BELIEF THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON t 1-3-04 . CLASS -Q, SURVEY PER 865 IAC 25-21.5 SEE SHEET 2 OF 2 FOR SURVEYORS REPORT. VAN H, JANOVIC ROBERT S. ALOI L.S. SO411 L.S. 20200024 44 9J 7 TERRITORIAL ENGINEERING, LLC WALKERTON INDIANA, INVALID UNLESS EMBOSS SEALED D.R. = DEED RECORD-BOOK/PAGE ❑ - WOOD STAKE F = FOUND O = IRON BOLT S = SET EDP = EDGE OF PAVEMENT R = RECORDED R/W = RIGHT OF WAY P = PLATTED OHL - OVERHEAD LINES M = MEASURED * = POWER POLE C = CALCULATED -X—X- - EXISTING FENCE * = DIMENSION NOT TO SCALE P.O.B, = POINT OF BEGINNING 03 = RAILROAD SPIKE P.O.C. = POINT OF COMMENCING r = IRON ROD = MONUMENT O =IRON PIPE = NAIL DATE: JOB NO.: FILE: I' 2L 2004 .+.-.-� ... ... 19 n n n n A 4— w n - - I THE NORTH RIGHT-OF-WAY OF COLFAX AVENUE, WEST OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE ESTABLISHED SOUTH RIGHT-OF-WAY AT PLATTED DIMENSIONS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF LASALLE STREET WEST OF EDDY STREET. THE SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF COLFAX AVENUE WEST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'± NORTH/SOUTH AND 1.3'± EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET 3 OF,3'/ 0 PROPOSED DESCRIPTION FOR SOUTH BEND MAC L.P. PARCEL 5 PERMANENT RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSI-11P, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 10, AS SIIOWN ON THE RECORDED PLAT OF CHRISTINA HALL'S SUBDIVISION OF LOT No. 15 (PLAT BOOK 2, PAGE 66) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 00032'03" EAST (BASIS OF BEARINGS), A DISTANCE OF 409.19 FEET TO TIIE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. IN DOCUMENT #9750650, AS FOUND 1N THE OFFICE OF TIIE SAINT JOSEPH COUNTY RECORDER; THENCE SOUTH 89°24'06" WEST, A DISTANCE OF 20.00 FEET ON THE SOUTH LINE OF, THE SOUTH BEND MAC, L.P. PARCEL BEING THE SOUTH LINE OF LOT 14 IN CHRISTINA I-IALL'S SUBDIVISION; THENCE NORTH 44052'54" EAST, A DISTANCE OF 7.02 FEET; THENCE NORTH 00032'03" WEST, A DISTANCE OF 231.00 FEET; THENCE NORTH 89027'57" EAST, A DISTANCE OF 6.80 FEET; THENCE NORTH 02026'36" WEST, A DISTANCE OF 15.01 FEET; THENCE SOUTH 89°27'57" WEST, A DISTANCE OF 6.30 FEET; THENCE NORTH 00032'03" WEST, A DISTANCE OF 134.00 FEET; THENCE NORTH 40003'06" WEST, A DISTANCE OF 31.43 FEET TO THE NORTI-[ LINE OF THE SOUTH BEND MAC PARCEL; THENCE NORTH 89024' 13" EAST ON SAID NORTH LINE, A DISTANCE OF 35.00 FEET TO TIIE POINT OF BEGINNING. PARCEL CONTAINS 0.1445 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-I21B APRIL 5, 2005 SHE, ET,-rOF..% it /v RIGHT-OF-WAY PLAT OF SURVEY (30 for SOUTH BEND MAC, L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA McKINLEY AVENUE (40' R/W) (N89'34'41 "E) SOUTH BEND DENTAL CENTER SOUTH BEND MAC, L.P. PARTNERSHIP LLC DOC.#9750650 Doc.// 0245292 APPROXIMATE EAST LINE OF SECTION 12 (CREATED FROM PLATTED DIMENSIONS) 1\189'34'� 1 "I- 5.00'(C) EXISTING R/W N89'34'41 "E SOUTH LINE -bj r ,�' h,.,, •.� 1 EAST LINE SOUTH BEND�� DENTAL CENTER LOT 16 PARCEL KLINGLE & MAYR'S SUBDIVISION o C ,> � � TO OUTLOT NO. 12 SCALE 1" = 20' r s"fi `- LL-y c.') c 0 e., Q I .. YA$ O o ?�'W�yyN" '�!, .. I HATCH LEGEND 101 0 �l o oA 'y' y. t PERMANENT IMA Li TEMPORARY 0 PROPOSED TEMPORARY R/W W i R/W O��pO is ti' o ig vl SOUTH LINE SOUTH BEND ;co MAC PARCEL AND NORTHERLY R/W LASALLE STREET pK c, a= N00'32'03"W W 8.Z)0'(C) QQG� PROPOSED R/W riti0tr N89'27'57"E Q ryrp y .1 P.O.B. 5F ifs��.` ;f' r-t„ P.O.B. 5rD •i�n.�l `f; Jx�lVi_x=_'\i P.O.C. 5F (Na9'24'13"E) 38.00'(C) — 40.00'(C) SE CORNER LOT 16 1 ASALE STREET (82.5' R/W) SUIBDIVISIONMAYR'S , KNOWLEDGE AND THE WITHIN PLATREPRES NTSTHAT TOHA SURVEY MADE BEST OF MYNUNDERTIMY SUPEERVISION AND ONRELIEF TERRITORIAL ENGINEERING, COMPLETED ON _ i 1-3-04 . CLASS _�_ SURVEY PER 865 LAC 25-21.5 LLC SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. - - WAI.KERTON iNDiANA VAN H. JANOVIC ROBERT S. ALOI L.S. SO411 L.S. 20200024 INVALID UNLESS EMBOSS SEALED � 4d, -, �A�� l� 2L /� 2004 SHEL-T ,Y OF.2' D.R. = DEED RECORD-BOOK/PAGE ❑ = WOOD STAKE F = FOUND O = IRON BOLT S = SET EOP - EDGE OF PAVEMENT R = RECORDED R/W = RIGHT OF WAY P = PLATTED OHL - OVERHEAD LINES M = MEASURED i = POWER POLE C CALCULATED—X----X— - EXISTING FENCE * = DIMENSION NOT TO SCALE P.O.B. = POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. = POINT OF COMMENCING 10 =IRON ROD 0 = MONUMENT 0 =IRON PIPE = NAIL DATE: JOB NO.: FILE-: 1 1--22•-04 1 04121 A SECTION SURVEYOR'S REPORT FOR SOUTH BEND MAC L.P. PARCELS 5D & X THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #S-m965S. THIS UNE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL' S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON THE SOUTH LINE OF LOTS 9-16 AS SHOWN ON THE RECORDED PLAT OF KLINGEL & MAYR' S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE SOUTH LINE OF THE SOUTH BEND DENTAL CENTER PARCEL AT RECORDED DISTANCES. THE SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF LASALLE STREET WEST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: TI-MORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8't NORTH/SOUTH AND 1.31± EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET/Z OF 2' PROPOSED DESCRIPTION FOR SOUTH BEND MAC L.P. PARCEL 5D PERMANENT RIGHT-OF-WAY P' rA c�L or- 1- A1vD I.00A-FED ]N TIJE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 16, AS SHOWN ON THE RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUTLOT No. 12 (PLAT BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 89024' 13"WEST (BASIS OF BEARINGS), A DISTANCE OF 40.00 FEET ON THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. IN DOCUMENT # 9750650, AS FOUND IN THE OFFICE OF THE SAINT JOSEPH COUNTY RECORDER BEING THE SOUTH LINE OF LOT 16 IN KLINGLE & MAYR'S SUBDIVISION; THENCE NORTH 40°27'40" EAST, A DISTANCE OF 22.87 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 87.68 FEET TO THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO THE SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC IN DOCUMENT # 0245292; THENCE NORTH 89°34'41" EAST ON SAID SOUTH LINE, A DISTANCE OF 25.00 FEET TO THE EAST LINE OF THE KLINGLE & MAYR'S SUBDIVISION; THENCE SOUTH 00032'03" EAST ON SAID EAST LINE, A DISTANCE OF 104.85 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0632 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SfIEET,'OF k 7 lo C RIGHT-rOF-WAY PLAT OF SURVEY 5E for SOUTH BEND MAC„L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA McKINLEY AVENUE (40' R/W) N"E� I (N5.00'( B9'34'41 "E) 5.00C) NORTH LINE N00'32'03' SOUTH BEND MAC 40.00'(C) PARCEL AND EXIS'HNG SOUTH R/W SOUTH BEND MAC, LP. McKINLLY AVENUE DOCA9750650 i PARCEL 5G 0.0046 ACRES}---. PROPOSED TEMPORARY R/W NORTH LINE SOUTH SEND Jr DENTAL CENTER S89'34'41"W PARCEL 5.00'(C) PROPOSED R/W N69'34'41"E 25.00'(C) P.O. B 5G SOUTH BEND DENTAL CENTER PARTNERSHIP LLC DOC. ff 0245292 xIy,i�J PERMANENT 1ti TEMPORARY SCALr 1" = 20' R/w P.O.B. 5E P.O.C. 5G NE CORNER LOT 16 KLINGLE & MAYR'S SUBDIVISION R/W APPROXIMATE EAST LINE OF SECTION 12 i (CREATED FROM PLATTED DIMENSIONS) 1 i i EAST LINE i LOT 16 —11LINGLE & MAYR'S SUBDIVISION TO OUTLOT NO. 12 I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND C TERRITORIAL ENGINEERING, COMPLETED ON 11-3—D4 CLASS —r- SURVEY PER 865 IAC 25-21.5 ��C SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT, VAN H. JANOVIC R013ER7 S. ALO! LEGEND WALKERTON INDIANA L.S. SO411 L.S. 20200024 INVALID UNLESS EMBOSS SEALED D.R. = DEED RECORD—BOOK/PAGE ❑ - WOOD STAKE / 11122 /_ 2004 F = FOUND 0 = IRON BOLT S = SET EOP = EDGE OF PAVEMENT R = RECORDED R/W = RIGHT OF WAY P = PLATTED OHL = OVERHEAD LINES M = MEASURED + = POWER POLE C = CALCULATED —X—X— = EXISTING FENCE * = DIMENSION NOT TO SCALE P.O.B. = POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. — POINT OF COMMENCING • = IRON ROD A = MONUMENT O =IRON PIPE 0 = NAIL DATE: JOB NO., FILE: 11 77 nA nA1r)1A Cr_fl-rinni SURVEYOR'S REPORT FOR SOUTH BEND MAC L.P. PARCELS 5E & THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT ##S-729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE SOUTH RIGHT-OF-WAY OF MCKINLEY AVENUE, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE NORTHWEST CORNER OF LOT 12 AND THE NORTHWEST CORNER OF LOT 14 OF THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF LOT NO, 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 4, PAGE 12). THE NORTH LINE OF THE SOUTH BEND MAC PARCEL WAS ESTABLISHED AS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF MCKINLEY AVENUE WEST OF EDDY STREET. THE NORTH LINE OF THE SOUTH BEND DENTAL PARCEL WAS ESTABLISHED AT RECORDED DISTANCE FROM THE EXISTING SOUTH RIGHT-OF-WAY OF MCKINLEY AVENUE, THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971), THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'± NORTH/SOUTH AND 1.3'± EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET,ZOF x 9 /a PROPOSED DESCRIPTION FOR SOUTH BEND MAC, L.P. (PARCEL 5E) PERMANENT RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 16, AS SHOWN ON THE RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUT LOT No. 12 (PLAT BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 00°32'03"EAST (BASIS OF BEARINGS) ON THE EAST LINE OF KLINGLE & MAYR'S SUBDIVISION TO OUTLOT NO. 12, A DISTANCE OF 40.00 FEET TO THE NORTH LINE OF A PARCEL OF LAND CONVEYED TO THE SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC IN DOCUMENT #0245292 AS FOUND IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 89°34'41' WEST ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 40.00 FEET TO THE NORTH LINE OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. DOCUMENT #9750650 AS FOUND IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER; THENCE NORTH 89°34'41" EAST ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0230 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SHEETXOF k /o /a 1` 0-'4E.488 RECORDED AS PRESENTED ON 11/30/2007 10:17:48AM TERRI J, ItETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: S'32.00 PAGES: 11 Project: I-IES-997I ) Parcel.- 5 Road: Eddy, Colfax & LaSalle PARTIAL RELEASE OF MORTGAGE This is to certify that a certain mortgage executed by —Eddy Property Development LLC an Indiana limited liabilit -ornl2anyand South Bend MAC L.P. an Indiana limited 12arinership (Mortgagor), to National City —Bank, a national banking association (Mortgagee), dated March 14s 2007 and recorded March 15 2007 in the sum of $_ 43,279,000.00 recorded as Document No. _ 0710435 in the Off -ice of the Recorder of StSt. ,1osei County, Indiana, is hereby released upon the following described real estate in St. J County, Indiana: See Attached Exhibit "A" Said Mortgage remains in full force and effect as to the remainder of real estate therein described. In witness whereof the said National Cit Bank a national bankingassociation (Mortgagee) has caused this partial release of mortgage to be signed by its VICE PRE_S 1-:1VT and its seal attached thereto this __qth— day of November 2007. STATE OF TNT)T NA SS: COUNTY OF _ National Cit Bank a national banking association Mortgagee "(Signature) Sharon K. Rigsby. Vice President (Printed Name and Title) .Before me, the undersigned, a Notary Public in and for said County and State, personally appeared , known to me to be the Vice President of the. National City Bank and acknowledged the execution of the above partial release of mortgage as and for the act and deed of the said National City Bank - Witness my hand and notarial seal this 9th day of November DIANA S, PRIEST 7P'197rrll Henddoks CountyMy Commission ExpiresFebrugry 13. 2008 Notary Public (Signature) Diana S. Priest Notary Public (Printed Name) My commission expires My county of residence is Hen cicks . This instrument was prepared by Roy A. Buskirk 2007. I of l-In, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law, Roy A. Buskirk. Lq Hl(Uh I—Ul--WA r Ex1jib;r «A„ PLAT OF SURVEY 5 for 0(:) SOUTH BEND MAC, L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA LASALLE STREET (82.5' R/W) "35.00.(C) (N89.24' 13"E) NIN" LINE SOUTH BMA END C PARCEL AND EXISTING 31.43'(C) R/W LASALLE STREET Q SOUTH BEND MAC, L.P. E-{ F ..4 DOC.# 9750650 O N89'27'57"L- 5.00'(C) PROPOSED TEMPORARY R/W N00'32'03"W 120.00'(C) S89'27'57"W- 6.30'(C) PARCEL 5C N89 so (�)E 0.0160 ACRES PARCEL 5B 0.0059 ACRESt SOUTH LINE SOUTH BEND MAC PARCEL AND EXISTING R/W COLFAX AVENUE PROPOSED TEMPORARY R/W PARCEL 5A 0.0065 ACRESt P.O.B. 5C S89.27'57"W E� I N L19' 2 7'57"C! 15.00'(C) N00'32'03"W 7.00' (C) S80'27 57"W 13.0 '(C) PROPOSED TEMPORARY R/W NOO.32'03"W/ 75.00' (C) S53'26'18"W 1'.0.13. �13.60'(C) �5A SOO'32'04"E 7.95'(C) (NJ39'2h'OG"E) COLFAX A V,EINUE: (82.5' R/W' N i�mo (c)� U or P.O.B. 5 P.O.C. 5A,513,5C J NL CORNER LO'F 10 CHRIS'I'INA FIALL'S SUBD. APPROXIMATE EAST LINE OF SECTION 12 (CREATED FROM PLATTED DIMENSIONS) EXISTING R/W B/w lr NO2'26'36"W C'7 15.01 ' (C) CV Q O C0 t ru W r�rn LJ 0 0 P.O. B. 513 sa9.27'57"w 2.00'(C) S89'27'57"W 10.00' (C) 5.00'(C) 1 1.00' (C) 1� N14'52'54"E 7.02'(C) S89.24 `06" 1h 20.00' (C) EAST LINE CHRISTINA HALL'S SUBDIVISION OF LOT 140, 15 HATCH LEGEND - PERMANENT R/W TEMPORARY R/W PARCEL 5 0.1445 ACRESt SCALE I " = 50' FI 11ERCDY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF �' TIME WITHIN PLAT REPRESENTS 'A SURVEY MADE UNDER MY �jkjj+jVftjj#�/D C TERRITORIAL LNGIN ' LRING, a COMPLETED ON ]-.j-04 . CLASS .� SURVEY \���LIgE Ri-2YN,,y'y I LIaC ^- SEE SIIET 2 OF 2 FOR SURVEYOR'S REPORT. L JJ VAN 1-I. JANOVIC ROBERT S. I,�� L.S. SO411 L.S. 2020002� ���plVALIVTUNI-E 30 I r L1.1D0�� QALEU •,` 20200024 5T'rl'1.1; (YID � a DIP Suy6 ��1JJ J1111 111\ 200 si11-1-1- 1 nF / f➢ WALKERTON INDIANA LEGEND DEED RECORD-BOOK/PAGE ❑ = WOOD STAKE F = FOUND 0 = IRON DOLT S = SET EOP = EDGE OF PAVEMENT R = RECORDED R/41 = RIGIiT OF WAY P = PLATTED OiIL - OVERHEAD LINES M = MEASURED * = POWER POLE C = CALCULATED -X—X-= EXISTING FENCE = DIMENSION NOT TO SCALE P.O.B. = POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. - POINT OF COMMENCING • = IRON ROD Z� = MONUMENT 0 = IRON PIPE NJ - NAIL DATE: JOB NO,: FILE: 4.—F)—r)r-, 1 041 ? 1 R c FminN SURVEYOR'S REPORT FOR , SOUTH BEND MAC L.P.(PARCELS 5 & THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATI0N FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658. TIIIS LINE WAS THEN EXTENDED SOUTII PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON TIIE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON THE SOUTH LINE OF LOTS 9-16 AS SHOWN ON TIIE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE SOUTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE ESTABLISHED NORTH RIGHT-OF-WAY AT PLATTED DIMENSIONS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). ONCE ESTABLISHED, THE SOUTH RIGHT-OF-WAY WAS IN RELATIVE AGREEMENT WITH MONUMENTATION FOUND AT THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT 99750650. THE SOUTH RIGHT-OF-WAY OF COLFAX AVENUE, WEST OF EDDY STREET WAS ESTABLISHED ..FROM EXISTING MONUMENTATION FOUND IN RELATIVE AGREEMENT WITH LOT NO.16 OF TIIE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236) AND THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #97937. SHEET 2 OF X / o THE NORTH RIGHT-OF-WAY OF COLFAX AVENUE, WEST OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE ESTABLISHED SOUTH RIGHT-OF-WAY AT PLATTED DIMENSIONS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF LASALLE STREET WEST OF EDDY STREET. THE SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT -Or -WAY LINE OF COLFAX AVENUE WEST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'± NORTINSOUTH AND 1.3'± EASTIWEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET 3 0F X o PROPOSED DESCRIPTION FOR SOUTH BEND MAC, L.P. (PARCEL 5) PERMANENT RIGHT -OP -WAY A PARCEL Or LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION I2, TOWNSHIP 37 NORTH, RANGE 2 EAST Or THE SECOND PR NCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA .BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 10, AS SHOWN ON TIIE RECORDED PLAT OF CHRISTINA HALL.'S SUBDIVISION OF LOT No. 15 (PLAT BOOK 2, PAGE 66) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH' BEND, INDIANA; THENCE SOUTH 00°32'03" EAST (BASIS OF BEARINGS), A DISTANCE OF 409.19 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. IN DOCUMENT #9750650, AS FOUND IN THE OFFICE OF TIIE SAINT JOSEPII COUNTY RECORDER; TIiENCE SOUTH 89024'06" WEST, A DISTANCE OF 20.00 FEET ON THE SOUTH LINE Of- THE SOUTH BEND MAC, L.P. PARCEL BEING THE SOUTH LINE OF LOT 14 IN CHRISTINA HALL'S SUBDIVISION; THENCE NORTH 44°52'54" EAST, A DISTANCE OF 7.02 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 231.00 FEET; THENCE NORTH 8902757" EAST, A DISTANCE OF 6.80 FEET; THENCE NORTH 02026'36" WEST, A DISTANCE OF 15.01 FEET; THENCE SOUTH 89°27'57" WEST, A DISTANCE OF 6.30 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 134.00 FEET; THENCE NORTH 40°03'06" WEST, A DISTANCE OF 31.43 FEET TO THE NORTH LINE OFTHE SOUTH BEND MAC PARCEL; THENCE NORTH 89°24' 13" EAST ON SAID NORTH LINE, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.1445 ACRES MORE OR LESS. TERRITORIAL ENGINEl--RING, LLC WALKERTON, INDIANA 04-121B APRTL 5, 2005 SllE T:YOF.k 1� /a RIGHT -OF --WAY PLAT OF SURVEY 5D i for SOUTH BEND MAC, L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST- JOSEPH COUNTY, INDIANA McKINLEY AVENUE (40' R/W) (N89' 34' 4-1 "E) SOUTH BEND MAC, L.P. DOC+9750650 SOUTH BEND DENTAL CENTER PARTNERSHIP LLC DOC.1 0245292 N89'34.*4 1 "L 5.00'(C) N89'34'41 "E SOUTH LINE SOUTH BEND DENTAL CENTER PARCEL � d SCALE 1" = 20' C� CD so Ol O1� PROPOSED TEMPORARY R/W N SOUTH LINE SOUTH BEND MAC PARCEL AND NORTHERLY R/W LASALLE STREET �` or' N00'32'03"W u ��/ 8.30`(0) Gj Ci N89' 27'57"E Q��fp� • `U�,� \ \ \ P.O.B. 5E� (N89'24-'13"E) 38.00'(C) - 40.00'(C) LASALLE STREET (82.5' R/W) 1 HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF THE W1TH1N PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON 11-3-D4 . CLASS SURVEY PER 865 IAC 25-21.5 SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. VAN H. JANOVIC ROBERT S_ ALOI L.S. S0411 L.S. 20200024. W -d INVALID UNLESS EMBOSS SEALCO l� 2z 2004 SI IEL-T X OF. 2' N In Q a O w � ro cf) Q � n W b W o it co 0 0 w APPROXIMATE EAST LINE OF SECTION 12 (CREATED FROM PLA17ED DIMENSIONS) I 1— EXISTING R/W EAST LINE LOT 16 IKLINGIE & MAYR'S SUBDIVISION I TO OUTLOT NO. 12 I I HATCH LEGEND PERMANENT R/W TEMPORARY R/W I PROPOSED R/W P.O.B. 5D P.O.C_ 5F .-------- SE CORNER LOT 16 KLINGLE & MAYR'S SUCDIVISION C TERRITORIAL RNGINLIaRING, LLC WALKERTON INDIANA ).R. = DEED RECORD-DOOK/PAGE 0 = WOOD STAKE F = FOUND 0 = IRON SOLT S = SET EOP = EDGE OF PANEMENT R = RECORDED R/W = RIGHT OF WAY P = PLATTED OIIL = OVERHEAD LINES I'I = MEASURED Ik = POWER POLE C CALCULATED -x X- - EXISTING FENCE * = DIMENSION NOT 'f0 SCALE P.O.B. = POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. - POINT OF COMMENCING • =IRON ROD = MONUMENT O =IRON PIPE = NAIL DATE: JOB NO.: 11--22-04 04121 A , rSECTION SURVEYOR'S REPORT FOR SOUTH BEND MAC L.P. PARCELS 5D & THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE .INTERSECTION IMPROVEMENTS PROJECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT TIIE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTIT PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS TIIEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON TIIE SOUTH LINE OF LOTS 9-16 AS SHOWN ON TIIE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE SOUTH LINE OF THE SOUTH BEND DENTAL CENTER PARCEL AT RECORDED DISTANCES. THE SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF LASALLE STREET WEST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - TIIE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF TIIE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATI01`�S VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'+- NORTH/SOUTH AND I.3'± EASTIWEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET/Z OF x 6 %o RIGHT-OF-WAY PLAT OF SURVEY as for SOUTH BEND MAC„L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PnPTa mil= TnWN'QI-1P qT . lC-).qP:PI-I r�nl IMTY inln[ A N1 A PROPOSED DESCRIPTION FOR SOUTH BEND MAC. L.P. (PARCEL 5D) PERMANENT RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN TIIE NORTIIEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 16, AS SHOWN ON THE RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUTLOT No. 12 (PLAT BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 89°24' 13"WEST (BASIS OF BEARINGS), A DISTANCE OF 40.00 FEET ON THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. IN DOCUMENT # 9750650, AS FOUND IN THE OFFICE OF TIIE SAINT JOSEPH COUNTY RECORDER BEING TIIE SOUTH LINE OF LOT 16 IN KLINGLE & MAYR'S SUBDIVISION; THENCE NORTH 40°27'40" EAST, -A DISTANCE OF 22.87 FEET; THENCE NORTH 00032'03" WEST, A DISTANCE OF 87.68 FEET TO THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO THE SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC IN DOCUMENT # 0245292; THENCE NORTH 89°34'41" EAST ON SAID SOUTH LINE, A DISTANCE OF 25.00 FEET TO THE EAST LINE OF THE KLINGLE & MAYR'S SUBDIVISION; THENCE SOUTH 00032'03" EAST ON SAID EAST LINE, A DISTANCE OF 104.85 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0632 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SHEETXOF ,1' -] / O -- I+\WY 1Wu " - MVnU MGI'il HiGHT-OF-WAY PLAT OF SURVEY 0(:) for SOUTH SEND MAC„ L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, ��PAOPOSED R/W / McKINLEY AVENUE (40' R/W) N89'34'4-1 "E (N89'34'4 i "E) 5.0O'(C) N8934'41 "E NORIII LINE NOO'32'03' SOUTH BEND MAC / 40.00'(C) PARCEL AND EXISI INC --- souru R/w SOUTH BEAD MAC, LP. McKINLEY AV NUL DOC.#9750650 1 PARCEL 5G 0.0046 ACRES±---- PROPOSED fir: TEMPORARY 111W NORTH LINE SOUTH BEND DENTAL CENTER PARCEL SCALE 1" = 20' - 25.00'(C) S89'34'h}"5V P.O.B. 5G SOUTH BEND DENTAI. CENTER PARTINERSIIIP LLC DOC.# 0245292 Q0 HATCH LEGEND 2 EAST INDIANA P.O.B. 5E P.O.C. 5G Nr CORNIER LOT 16 KLINGLE & NIAYR'S SUBDIVISION R/W I APPROXItAATE EAST co LINE OF SECTION 12 N J (CREATED FROM PLATTED DIMENSIONS) Q O m J co W W J ff:J 0 0 W i EAST LINE \ LOT 16 �--- KLINGLE & MAYR'S SUBDIVISION TO OuTLO'1NO. 12 PERMANENT R/W TEMPORARY R/W I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF C TERRITOR.IAI. ENGINEERING, THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON 02—• CLASS -f SURVEY PER 865 IAC 25-21.5 LLC SEE SHEET 2 OF 2 FOR SURVEYORS REPORT. WALKERTON INDIANA VAN H. JANOVIC ROBERT S. AL01 LEGEND L.S. S0411 L.S. 20200024 INVALID UNLESS D.R. = DEED RECORD-BOOK/PACE ❑ = WOOD STAKE EMBOSS SEALED F = FOUND 0 = IRON BOLT S = SET EDP = EDGE OF PAVEMENT R = RECORDED R/W- RIGHT OF WAY P = FLATTED OHL = OVERHEAD LINES IA = MEASURED i = POWER POLE C = CALCULATED —X--X— = EXISTING FENCE * = DIMENSION NOT TO SCALE P.O.B. = P0141 OF BEGINNING 0 = RAILROAD SPIKE P.O.C. = POINT OF COMMERCING 0 = IRON ROD = MONUMENT O =IRON PIPE t = NAIL - 1/ z21 2004 SI ILLr�i' OF to DATE: JOB NO.: FILE: 1 1-22---04 04.121A SECTVON SURVEYOR'S REPORT FOR SOUTH BEND MAC, L.P. (PARCELS 5E & jl THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). TARE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISIIING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE SOUTH RIGHT-OF-WAY OF MCKINLEY AVENUE, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE NORTHWEST CORNER OF LOT 12 AND THE NORTHWEST CORNER OF LOT 14 OF THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF LOT NO, 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 4, PAGE 12). THE NORTH LINE OF THE SOUT14 BEND MAC PARCEL WAS ESTABLISHED AS THE EXISTING SOUTH RIGHT-OF-WAY LIIVE OF MCKINLEY AVENUE WEST OF EDDY STREET. THE NORTH LINE OF THE SOUTH BEND DENTAL PARCEL WAS ESTABLISHED AT RECORDED DISTANCE FROM THE EXISTING SOUTH RIGHT-OF-WAY OF MCKINLEY AVENUE, THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF TIIE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIOl`,'S VARY FR O-M PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'± NORTHISOUTH AND 1.3'f EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WAL KERTON, INDIANA NOVEMBER 22, 2004 04-121A SIIEETZOF .2/ [1 / Q PROPOSED DESCRIPTION FOR SOUTH BEND MAC L.P. PARCEL 5E PERMANENT RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGESE�� ST OF THE COUNTY, INDIANA BEING ML MERIDIAN IN ORE PARTIC- ULARLYPORTAGE TOWNSHIP, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 16, AS SHOWN ON THE RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUT LOT No. 12 (PLAT BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF TIIE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 00°32'03"EAST (BASIS OF BEARINGS) ON THE EAST LINE OF KLINGLE & MAYR'S SUBDIVISION TO OUTLOT NO. 12, A DISTANCE OF 40.00 FEET TO TIIE NORTH LINE OF A PARCEL OF LAND CONVEYED TO THE SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC IN DOCUMENT #0245292 AS FOUND IN THE OFFICE OF TIIE ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 89°34'41' WEST ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 40.00 FEET TO THE NORTH LINE OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. DOCUMENT #9750650 AS FOUND IN THE OFFICE OF TIIE ST. JOSEPH COUNTY RECORDER; THENCE NORTH 89°34'41" EAST ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0230 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SHEET,Y OF .Y /0 /0 11 /30/2007 Quitclaim Deed (2)/Warranty Deed/Partial Release of Mortgage (2)/Temporary Easement Agreement 18-5017-0594 LOT NO. SUB: Samuel L. Cottrell's 1 st Addition to Lowell South Bend Clinic, LLP Eddy Street Description: A Portion of the Property located on the Northwest Corner of the Intersection of Eddy Street and LaSalle Street As a part of The Eddy/Colfax/LaSalle Project No. 104-033 /� 3 12) -7Z+C-_ Z+�� RECORDED AS PRESENTED ON 11/30/2007 10:17:49AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER PROJECT: HES-9971O REC FEE: S38. 00 PARCEL: 5A, 5B, 5C, 5F & 5G PAGES: 14 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT South Bend MAC L.P. an Indiana Limited Partner hi of— �RhL County, in the state of ludiana , CONVEY(S) A TEMPO-RARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA 227 11. Jefferson Blvd., Suite 1316, South Bend, IN 46601 for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof The undersigned grantor(s), being duly sworn, says) that he (she, they) is (are) the sole owners) of the above -described property, and said grantor(s) further represent(s) that there are no eases or options of ann kind or character on said lands as conveyed. Ly The above -described right of way is temporary right of way for the purposes of constructin g a driveway for Service t he rant r'private propea and/or lawn gradiu and will revert to the grantor(s) upon the completion of said project. It is further understood and agreed that this conveyance transfers only the right to make or construct said driveway and/ r lawn grading on said lands and to use any material lying within the above -described limits suitable for use in construction of said drivewa and/or lawn aradin and does not convey any rights to any minerals or other substances underneath the surface, except as it may be used for the construction of said improvements. Trees or any other land improvements may be cut or removed from said granted temporary easement by the C during said construction. ity of South Bend, through its authorized representatives The undersigned person executing this agreement represents and certifies that South Bend MAC Inc. is the general partner of the Grantor and has been fully empowered by proper resolution or other action of is a the partnership in good standing in the State of its origin and, where required, in the State where the subject Grantor to execute and deliver this agreement for and on behalf of the Grantor; that the Grantor real estate is situate; that the Grantor has full legal capacity to convey the real estate described; and that all necessary partnership action for the making of this conveyance has been duly taken. The undersigned person executing this agreement further represents and certifies that the undersigned is a duly elected officer of South Bend MAC, Inc. and has been fully empowered by proper resolution or the by-laws o South Bend MAC, Inc, to execute and deliver this agreement for and on behalf of South Bend MAC f as the general partner of the Grantor, and that all necessary corporate action for doing so has been duly taken. ,Inc. Dated this day of 2007. South Bend MAC L.P. an Indiana Limited Partnerslni By: South Bend MAC, Inc., its General Pa e B r (Signature) Mar[ n Will President (Printed Name and Title) Page] of 2 PROJECT: HES-9971() PARCEL: 5A, 513, 5C, 5F & 5G tZ3 -7 E,'e'gc-:31 PvC.ORDED AS PRESENTED ON 1113OJ2007 10:17:49AN TERRT J. RETHLAKE ST. 30SEPH COUNTY REC REG FEE: $38.00 PAGES: 14 TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT SoutbBend MAC L.P. an Indiana Limited Partnership oP_St. Joseph — County, in the State oP Indiana , CONVEY(S) A TEMPORARY EASEMENT TO TI-1E CITY OF SOUTH BEND, STATE OF INDIANA 227 W. Jefferson Blvd., Suite 1316, South Bend, IN 46601 for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof The undersigned grantor(s), being duly sworn, say(s) that he (she, they) is (are) the sole owner(s) of the above -described property, and said grantor(s) further represent(s) that there are no leases or options of any kind or character on said lands as conveyed. The above -described right of way is temporary right of way for the purposes of constructing a driveway for service to the grantor's(s') private property and/or lawn grading and will revert to the grantor(s) upon the completion of said project. It is further understood and agreed that this conveyance transfers only the right to make or construct said driveway and/or lawn rg ading on said lands and to use any material lying within the above -described limits suitable for use in construction of said driveway and/or lawn grading and does not convey any rights to any minerals or other substances underneath the surface, except as it may be used for the construction of said improvements. Trees or any other land improvements may be cut or removed from said granted temporary easement by the City of South Bend, through its authorized representatives during said construction. The undersigned person executing this agreement represents and certifies that South Bend MAC, Inc. is the general partner of the Grantor and has been fully empowered by proper resolution or other action of the Grantor to execute and deliver this agreement for and on behalf of the Grantor; that the Grantor is a partnership in good standing in the State of its origin and, where required, in the State where the subject real estate is situate; that the Grantor has full legal capacity to convey the real estate described; and that all necessary partnership action for the making of this conveyance has been duly taken. The undersigned person executing this agreement further represents and certifies that the undersigned is a duly elected officer of South Bend MAC, Inc. and has been fully empowered by proper resolution or the by-Iaws of South Bend MAC, Inc. to execute and deliver this agreement for and on behalf of South Bend MAC, Inc. as the general partner of the Grantor, and that all necessary corporate action for doing so has been duly taken. Dated this 2 day of , 2007. South Bend MAC L.P. an Indiana Limited Partnershi By: South Bend MAC, Inc., its General Pa e B (Signature) Mart ri Wills, President (Printed Name and Title) Page 1 of 2 1 �-74F Lr8`7 RECORDED AS PRESENTED UR 11/30/2007 10:17:49AM TERRY ,I. RETHLAKE ST• jOSEpH RECORDERpUNTY REC FEE: $38- 00 PROJECT: HES-9971() PAGES: 14 PARCEL: 5A, 5B, 5C, 5F & 5G TEMPORARY EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT South Bend MAC L.P. an Indiana Limited Partnership of St. Joseph County, in the State of Indiana , CONVEY(S) A TEMPORARY EASEMENT TO THE CITY OF SOUTH BEND, STATE OF INDIANA 227 11. Jefferson Blvd., Suite 1316, South Bend, IN 46601 for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof The undersigned grantor(s), being duly sworn, say(s) that he (she, they) is (are) the sole owner(s) of the above -described property, and said grantor(s) further represent(s) that there are no leases or options of any kind or character on said lands as conveyed. The above -described right of way is temporary right of way for the purposes of constructing a driveway for service to the grantor's(s') private property and/or lawn grading and will revert to the grantor(s) upon the completion of said project. It is further understood and agreed that this conveyance transfers only the right to make or construct said driveway and/or lawn rg ading on said lands and to use any material lying within the above -described limits suitable for use in construction of said driveway and/or lawn grading and does not convey any rights to any minerals or other substances underneath the surface, except as it may be used for the construction of said improvements. Trees or any other land improvements may be cut or removed from said granted temporary easement by the City of South Bend, through its authorized representatives during said construction. The undersigned person executing this agreement represents and certifies that South Bend MAC, Inc. is the general partner of the Grantor and has been fully empowered by proper resolution or other action of the Grantor to execute and deliver this agreement for and on behalf of the Grantor; that the Grantor is a partnership in good standing in the State of its origin and, where required, in the State where the subject real estate is situate; that the Grantor has full legal capacity to convey the real estate described; and that all necessary partnership action for the making of this conveyance has been duly taken. The undersigned person executing this agreement further represents and certifies that the undersigned is a duly elected officer of South Bend MAC, Inc. and has been fully empowered by proper resolution or the by-laws of South Bend MAC, Inc. to execute and deliver this agreement for and on behalf of South Bend MAC, Inc. as the general partner of the Grantor, and that all necessary corporate action for doing so has been duly taken. Dated this L day of C 2007. South fiend MAC L.P., an Indiana Limited Partnership By: South Bend MAC, Inc., its General Pa - e 13, G (Signaty C) Martvit. Wills, President (Printed Naine and Title) Page I of 2 STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) V` Before me, the undersigned, a Notary Public in and for said County and State, this �- day of �_pr• , 2007, personally appeared Marlyn Wills President of South Bend General Partner of South Bend MAC L.P. an Indiana Limited Partnershi and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. `ram (SEAL)" ��Oy Co,ttritission Expires: Notary Public County of Residence �- I affirm,'ulider the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law, Shawn E. Peterson, Attorney at Law. This instrument prepared by: Shawn E. Peterson, Attorney at Law Page 2 of 2 • HUH I -Ur- VVA T Lxilibit «A„ PLAT' OF SURVEY 5A 5B 5 C for SOUTH BEND MAC, L.P. SECTION �2, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA LASALLE STREET (82.5' R/W) "33s oo'(c)E (N89' 24' 13"E) NORTH LINE / 3'"W SOUTH BEND MAC J Ng0'040'03'D6 06 PARCEL AND EXISTING R/W LASALLE STREET Fol SOUTH BEND MAC, L.P. &-, DOC.# 9750650 NB9'27'57"E 5.00'(C) PROPOSED TEMPORARY R/W N00'32.03"W - 120_o0'(C) S89'27'57"W. 6.30'(C) PARCEL 5C N89'27'57"E Q0160 ACRE 6.Bo'(c) PARCEL 513 0.0059 ACRESt SOUTH LINE SOUTH BEND MAC PARCEL AND EXISTING R/YI COLFAX AVENUE PROPOSED TEMPORARY R/W PARCEL 5A 0.0065 ACRES± I P.O.B. 5 P.O.C. 5A,5B,5C NE CORNEIt LO'i' 10 CIIRISTINA FIALL'S SUBL), APPROXIMATE EAST LINE OF SECTION 12 (CREATED FROM FLATTED DIMENSIONS) ' EXISTING R/W �ROPOSED R/W U'M O p., P.O.E3. 5C S89'27'57"W - 5.00'(C) d� c I� O O � N89'27'571� 15.00'(C) t NOO'32'03"W L 7.ao'(c) S89'27 57"W PROPOSED 13.0 '(C) TEMPORARY R/W N00'32'O3 "W/ 75,00'(C) S53'26'18"W `13.60'(C) —��5A S00'32'04"E 7,95'(C) (N89'29 'O6 "E) COLFAX AVENUE (82.5' R/W) I I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY COMPLETED ON CLASS _Q SURVEY PE�\7 SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. VAN H. JANOVIC L.S. S041 1 wa O CU NO2'26'36"W CO 15.01'(C) CV 0 (r co F 0 W Q` P.O.B.5[3 � )S89'27'57"W 2.00'(C) S69'27'57"W 10.00'(C) i EAST LINE CHRISTINA HALL'S SUBDIVISION OF LOT N0, 15 HATCH LEGEND PERMANENT ,z. . R/w PARCEL 5 0.1445 ACRESt N44.52'54"E N139'24.06"E 7.02'(C) S89'24'06"W 16.00'(C) 20.00'(C) GE AND BELIEF Wl ND C TERRITORIAL E;NGINLT RING, - F �y�y. LLC ROBERT S. /�� �.-,GI S • • L.S. 2020002' • C Jam+ WAL4CERTON IPIDIANA � 4 'Q11�/VALI�,UNLES3� ,• tMQ03N WALED 1 20200024 STATE OF /V Q',•' sIIEcr I or'x! D.R. = DEED RECORD-BOOK/PAGE ❑ = WOOD STAKE F S - FOUND - SET 0 = IRON BOLT R = RECORDED EOP - EDGE OF PAVEMENT R/W - RIGHT OF WAY P M - PLATTED = MEASURED OHL - OVERHEAD LINES A POWER C = CALCULATED -X—X- = POLE = EXISTING FENCE * - DIMENSION NOT TO SCALE P.O.B. = POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. - POINT OF COMMENCING • - IRON ROD = MONUMENT O = IRON PIPE )8( - NAIL DATE; I JOB NO.: I FVLE. 4-5-05 04121a SECTION HIUH E-Ut--VVA Y xhibit «A„ PLAT' OE SURVEY0(3so 0for SOUTH BEND MAC, L.P. SECTION 12, TOWN�;�SHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA LASALLE STREET (82.5' R/W) "35.00�(c)E (N89' 24' 13"E) NORTH LINE SOUTH BEND MAC PARCEL AND EXISTING R/W LASALLE STREET Sou77--f BEND MAC, L.P DOC.# 975o650 N40'03'06"w 31.43'(C) E-+ N89'27'57"E 5.00'(C) PROPOSED TEMPORARY R/W N00'32'03"W 120.00'(C) S89'27'57"W 6.30'(C) PARCEL 5C N89'27'57"E 0.0160 ACRE G.eo'(c) PARCEL 5B 0.0(k% ACRESt SOUTH LINE SOUTH BEND MAC PARCEL AND EXISTING R/W COLFAX AVENUE PROPOSED TEMPORARY R1W PARCEL 5A 0.0065 ACRES± P.O.13. 5C S89.27'57"W — 5.00'(C) r--i 0 0 N139'27.57"E 15.00' (C) NOO'32'03"Vi 7.00'(C) S89'27 57"V! � PROPOSED 13.0 '(C) TEMPORARY R/W N00'32'03" W/ 75.00' (C) S53'25'18"W -_13.60'(C) —��5A S00'32'04"E �• 7.957C) _ (NB9'24 'OG "E) COLFAX AVENUE (82.57 R/W) N89*2o'(c)C P.O.B. 5 P.O.C. 5A,5B,5C NE CORNER L07' 10 CI IRISTINA HALL'S SULID, APPROXIMATE EAST LINE OF SECTION 12 (CREATED FROM PLATTED DIMENSIONS) EXISTING WIN ,ROPOSED R/W 5~�I i n' jr yl;, .ia ri I rN U b� NO2'26'36"W 15.01'(C) N C) O w Q •w 0 0 w P.O.B. 513 S89'27'57"W / 2.00'(C) S89.27'57"W 10.00'(C) �5.00'(C) EAST LINE CHRISTINA HALL'S SUBDIVISION OF LOT 140. 15 HATCH LEGEND PERMANENT RAW PARCEL 5 0.1445 ACRES± 11.D0 (G) SCALE 1" = 5o' N44'52'54"E 7.02' (C) S89' 24'06"W 20.DO'(C) 1 HEREBY CERTIFY THAT TO THE &EST OF MY INFORMATION. KNOWLEDGE AND BELIEF THE Wln"N PLAT REPRESENTS A SURVEY MADE UNDER MY COMPLETED ON-�..,T_p! CLASS _C SURVEY PFI\ ?s���0ge �� ND C TL12RIrORIAL T NGINLIiRING, SEE S/!£EY 2 OF 2 FOR SURVE?OR'S REPORT. \�\ -�yyyy LLC VAN /�. JANOVIC ROBERT S.�,�o.•'Cy�s WALKERTON lND{ANA L.S. S041 1 L S 2020002 VALID,UNLESs� M1303N 0 ALCD i 20200024 f STATE of • SUrZ������� /11 lllfi llll 200� SI IEET 1 OF,d` f J.R. = DEED RECORD-BOOK/PAGE ❑ = WOOD STAKE F S = FOUND - SET 0 = IRON BOLT R = RECORDED EOP - EDGE OF PAVEMENT R/W - RIGHT OF WAY P M = PLATTED = MEASURED 0I4L - OVERHEAD LINES A — POWER C = CALCULATED —X—X— POLE = EXISTING FENCE * = DIMENSION NOT TO SCALE P.O.B. = POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. - POINT OF COMMENCING O - IRON ROD = MONUMENT O = IRON PIPE 38E NAIL DATE: JOB NO.; FILE. 4-5-05 1 04121E � SECTION SURVEYOR'S REPORT FOR SOUTH BEND MAC L.P. PARCELS 5A 5B & 5C THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT 49608937 AND DEED DOCUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON THE SOUTH LINE OF LOTS 9-16 AS SHOWN ON THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE SOUTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE ESTABLISHED NORTH RIGHT-OF-WAY AT PLATTED DIMENSIONS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). ONCE ESTABLISHED, THE SOUTH RIGHT-OF-WAY WAS IN RELATIVE AGREEMENT WITH MONUMENTATION FOUND AT THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #9750650. THE SOUTH RIGHT-OF-WAY OF COLFAX AVENUE, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND IN RELATIVE AGREEMENT WITH LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236) AND THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #9793 7. SHEET 2 OF f 1,� �vrgrov rCPTuv THAT Tn THr BEST OF MY INFORMATION, KNOWI-EDGE AND IIIllr_r F-TPFRRITORIAL I1�NI;INL11,KI 6, THE NORTH RIGHT-OF-WAY OF COLFAX AVENUE, WEST OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE ESTABLISHED SOUTH RIGHT-OF-WAY AT PLATTED DIMENSIONS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF LASALLE STREET WEST OF EDDY STREET. THE SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF COLFAX AVENUE WEST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. IIES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'f NORTH/SOUTH AND 1.3'f EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET 3 OF I' Ir I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF TERRITORIAL ENGINEERING, THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND �_, LLC - 2 ne ri ASS P SURVEY PER 865 IAC 25-21.5 PROPOSED DESCRIPTION FOR SOUTH BEND MAC L.P. PARCEL 5A TEMPORARY RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 10, AS SHOWN ON THE RECORDED PLAT OF CHRISTINA HALL'S SUBDIVISION OF LOT No. 15 (PLAT BOOK 2, PAGE 66) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 00°32'03" EAST (BASIS OF BEARINGS), A DISTANCE OF 409.19 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. IN DOCUMENT #9750650, AS FOUND IN THE OFFICE OF THE SAINT JOSEPH COUNTY RECORDER; THENCE SOUTH 89024'06" WEST ON THE SOUTH LINE OF THE SOUTH BEND MAC PARCEL BEING THE SOUTH LINE OF LOT 14 IN CHRISTINA HALLS SUBDIVISION, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 44°52'54" EAST, A DISTANCE OF 7.02 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 11.00 FEET; THENCE SOUTH 89°27'57" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 53026'18" WEST, A DISTANCE OF 13.60 FEET; THENCE SOUTH 00°32'04" EAST, A DISTANCE OF 7.95 FEET TO THE SOUTH LINE OF THE SOUTH BEND MAC PARCEL; THENCE NORTH 89°24'06" EAST ON SAID SOUTH LINE, A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0065 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SHEETX OF k 1f / '� fTH HEREBYCERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEFIFHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION ANDTERRITORIAL ENGINRERING, OMPUTED ON 11-3-0.. CLASS C SURVEY PER 865 IAC 25-21.5 LL ccc curc-r ') nF -) cnn n 0VFvnq'c QMn9T 1 - PROPOSED DESCRIPTION FOR SOUTH BEND MAC L.P. PARCEL 5B TEMPORARY RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 10, AS SHOWN ON THE RECORDED PLAT OF CHRISTINA HALL'S SUBDIVISION OF LOT No. 15 (PLAT BOOK 2, PAGE 66) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 00°32'03" EAST (BASIS OF BEARINGS), A DISTANCE OF 409.19 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. IN DOCUMENT No. 9750650, AS FOUND 1N THE OFFICE OF THE SAINT JOSEPH COUNTY RECORDER; THENCE SOUTH 89"24'06" WEST ON THE SOUTH LINE OF THE SOUTH BEND MAC PARCEL BEING THE SOUTH LINE OF LOT 14 IN CHRISTINA HALL'S SUBDIVISION, A DISTANCE OF 20.00 FEET; THENCE NORTH 44°52'54" EAST, A DISTANCE OF 7.02 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°27'57" WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 00032'03" WEST, A DISTANCE OF 75.00 FEET; THENCE SOUTH' 89027'57" WEST, A DISTANCE OF 13.00 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 7.00 FEET; THENCE NORTH 89°27'57" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 00°32'03" EAST, A DISTANCE OF 82.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0059 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121 A NOVEMBER 22, 2004 SHEET X OF X 5 i1� rroricv TWAT Tn rHF AFST OF MY INFORWION. KNOWLEDGE AND ti3ELIEF �—� F_ TERRITORIAL ENGINEERING, PROPOSED DESCRIPTION FOR SOUTH BEND MAC. L.P. (PARCEL 5 Q TEMPORARY RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN TIIE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF TIIE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIIE NORTHEAST CORNER OF LOT 10, AS SHOWN ON TIIE RECORDED PLAT OF CHRISTINA IIALL'S SUBDIVISION OF LOT No. 15 (PLAT BOOK 2, PAGE 66) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF TIIE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 00°32'03" EAST (BASIS OF BEARINGS), A DISTANCE OF 409.19 FEET TO.THE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. IN DOCUMENT No. 9750650, AS FOUND IN TIIE OFFICE OF TIIE SAINT JOSEPH COUNTY RECORDER; THENCE SOUTH 89024'06" WEST, A DISTANCE OF 20.00 FEET ON THE SOUTH LINE OF TIIE SOUTH BEND MAC PARCEL BEING TIIE SOUTH LINE OF LOT 14 IN CI-IRISTINA HALL'S SUBDIVISION; THENCE NORTH 44°52'54" EAST, A DISTANCE OF 7.02 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 196.00 FEET TO TIIE POINT OF BEGINNING; THENCE SOUTH 89027'57" WEST, A DISTANCE OF 5.00 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 120.00 FEET; THENCE NORTH 89°27'57" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°32'03" EAST, A DISTANCE OF 70.00 FEET; THENCE NORTH 89°27'57" EAST, A DISTANCE OF 6.30 FEET; THENCE SOUTH 02°26'36" EAST, A DISTANCE OF 15.01 FEET; THENCE SOUTH 89°27'57" WEST, A DISTANCE OF 6.80 FEET; THENCE SOUTH 00032'03" EAST, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0I60 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121B APRIL 5, 2005 SHEETXOF _F G /. / t <. 7 Ll nFCT nr uv iNtGnRuaTON KNDWI FDGE AND BFLIFF }----I r— i inT)7-> , 'r pI r T VN(,,INvv'.Rlwc . I RIGHT-OF-WAY PLAT OF SURVEY 5 F for ' SOUTH BEND MAC, L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA MCKINLEY AVENUE (40' R/W) (N89'34'41 "E) SOUTH BEND MAC, L.P DOCA#9750650 SOUTH LINE SOUTH BEND DENTAL CENTER PARCEL SCALE 1" = 20' 1 I SOUTH BEND DENTAL CENTER PARTNERSHIP LLC DOC. f 0245292 N89'34'41 "E ! 5.00' (C) N89'34'41 "E O N c' r7 � O � 0 Z co iq a N r� 0 0 z PROPOSED TEMPORARY R/W y SOUTH LINE SOUTH BEND MAC PARCEL AND NORTHERLY R/W LASALLE STREET c N00'32'03"W v Q' N89'27'57"E OO \ \ P.O.B. 5F� (N89'24'13"E) -_ 38.00'(C) — — 40.00'(C) ASALLE STREET (82.5' RM U APPROXIMATE EAST LINE OF SECTION 12 (CREATED FROM PLATTED DIMENSIONS) EXISTING R/W EAST LINE LOT 16 KLINGLE & MAYR'S SUBDIVISION TO OUTLOT NO. 12 HATCH LEGEND PERMANENT R/W TEMPORARY R/W I PROPOSED R/W P.O.B. 5D P.O.C. 5F SSE CORNER LOT 16 KLINGLE & MAYR'S SUBDIVISION HERIBY FE TAT REPRESENTS A REBY CERTIFY THAT TO THE SURVEY MADE EST OF MY NUNDER TIMY SUPOERVSION AND WLEDGE AND BELIEF C TERRITORIAL ENGINEERING, 17-3-04 . CLASS _ SURVEY PER 865 IAC 25-21.5 OF 2 FOR SURVEYOR'S REPORT. LLC WALKERTON INDIANA ANOVIC ROBERT S. AL01 L.S. 20200024 INVALID UNLESS EMUOSS SEALED LEGEND D R. =DEED RECORD-BOOK/PACE F = FOUND ❑ W00D STAKE O = IRON BOLT S = SET EOP = EDGE OF PAVEMENT R = RECORDED R/W = RIGHT OF WAY P = PLATTED OHL - OVERHEAD LINES M = MEASURED = POWER POLE C CALCULATED -X—X- = EXISTING FENCE k = DIMENSION NOT TO SCALE P.0.8, = POINT OF BEGINNING r-� 0 = RAILROAD SPIKE • = IRON ROD 0 = IRON PIPE P.O.C. = POINT OF COMMENCING _ MONUMENT A� = NAIL DATE: JOB NO.: FILE: 122 2004 SIIEET,rOF x 1 1-22-04 04121A SECTION 7 1.2 SURVEYOR'S REPORT FOR SOUTH BEND MAC, L.P. (PARCELS - & 5E) THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON THE SOUTH LINE OF LOTS 9-16 AS SHOWN ON THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE SOUTH LINE OF THE SOUTH BEND DENTAL CENTER PARCEL AT RECORDED DISTANCES. THE SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF LASALLE STREET WEST OF EDDY STREET, THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'f NORTHISOUTH AND 1.3'± EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET,ZOF Z PROPOSED DESCRIPTION FOR SOUTH BEND MAC L.P. PARCEL 5F TEMPORARY RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 16, AS SHOWN ON THE RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUTLOT No. 12 (PLAT BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE ON THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. IN DOCUMENT No. 9750650) AS FOUND IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER BEING THE SOUTH LINE OF LOTS 15 & 16 IN KLINGLE & MAYR'S SUBDIVISION SOUTH 89024' 13" WEST (BASIS OF BEARINGS), A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°24'13" WEST, A DISTANCE OF 38.00 FEET ON SAID SOUTH LINE; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 8.30 FEET; THENCE NORTH 89027'57" EAST, A DISTANCE OF 22.00 FEET; THENCE NORTH 41020'37" EAST, A DISTANCE OF 38.95 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 67.69 FEET TO THE SOUTH LINE OF A PARCEL CONVEYED TO THE SOUTH BEND DENTAL PARTNERSHIP IN DOCUMENT No. 0245292 AS FOUND IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER; THENCE NORTH 89134'41" EAST ON SAID SOUTH LINE, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00132'03" EAST, A DISTANCE OF 87.68 FEET; THENCE SOUTH 40027'40" WEST, A DISTANCE OF 22.87 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0268 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SHEETXOF k 9 12 I HEREBY CERTIFY THAT TO THE I3t51 Ur MY INVUNMAllur1, n�vvrr4�u�� n �- THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON 11-3-04 . CLASS.C_ SURVEY PER 865 IAC 25-21.5 SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. VAN H. JANOVIC ROBERT S. ALOI L.S. SO411 L.S. 20200024 INVALID UNLESS EMBOSS SEALED 11122 2004 SFIELf/Y OF/ , , , n 1tit1TU1t1Ala L' l'lUL1VL' lil .JLlA V , [ LLC WALKERTON INDIANA I.R. = DEED RECORD—BOOK/PAGE ❑ = WOOD STAKE = FOUND 0 = IRON BOLT 1 S = SET EOP = EDGE OF PAVEMENT R =RECORDED R/W = RIGHT OF WAY 1 P= JMF PLATTED OHL = OVERHEAD LINES = MEASURED i = POWER POLE C = CALCULATED—X—X—= EXISTING FENCE * = DIMENSION NOT TO SCALE P.O.B. = POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. - POINT OF COMMENCING O = IRON ROD = MONUMENT 0 = IRON PIPE = NAIL DATE: 1 1-22-04 JOB NO.: 04121A FILE: SECTION RIGHT-OF-WAY ' PLAT OF SURVEY 80( for SOUTH BEND MAC„L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA P.O.B. 5E P.O.C. 5G NE CORNER LOT 16 KLINGLE & MAYR'S SUBDNISION PROPOSED R/W McKINLEY AVENUE (40' R/W)--EXZMNGR/W N89'34'41 "E (N89'34'41 "E) 5.00'(C) N89'34'41 "E r1 � � I NORTH LINE Zfr SOUTH BEND MAC N00'32'03"W a PARCEL AND EXISTING 40.00'(C) SOUTH R/W SOL fH BEND MAC, LP. o 0 McKINLEY AVENUE D(DG. #9750650 cl) �/ 1 m I APPROXIMATE EAST LINE OF SECTION 12 PARCEL 5G o N I (CREATEDDIMENSIONS) MIONS) 0.0046 ACRES- NPLATTED r� PROPOSED Q TEMPORARY R/W 25.00'(c) NORTH LINE O SOUTH BEND DENTAL CENTER S89'34'h1"W P.O.B. W' ® PARCEL 5.00'(C) 5G W E— 1 SOUTH BEND DENTAL CENTER Q �g PARTNERSHIP LLC �. DOC.// 0245292 (f) W o� o cn In � \w7_____KLINGLE I EAST LINE LOT 16 & MAYR'S SUBDIVISION HATCH LEGEND TO OUTLOT NO. 12 PERMANENT R/W — � TEMPORARY SCALE 1 " 2 0' RAW BY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF FHE fTHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND ETED ON ] 7-3-=04_- CLASS SURVEY PER 965 AC 25-21.5 EET 2 OF 2 FOR SURVEYOR'S REPORT. C TERRITORIAI. ENGINEERING, �� I,I,c WALKER70N INDIANA VAN H. JANOVIC ROBERT S. ALOI LEGEND L.S. SO41 1 L.S. 20200024 00, INVALID UNLESS EMBOSS SEALED 11 zz Z 2004 SHELT�YOF�2' _ AKE D.R. = DEED RECORD-BOOK/PAGE ❑ = Wj F =FOUND O =IRBOLT S = SET EOP =EF PAVEMENT R = RECORDED R/W = RF WAY P = PLATTED OHL = OD LINES (M = MEASURED i = PPOLE C = CALCULATED -X--X- - EFENCE =DIMENSION NOT 70 SCALE P.O.B. = POINTF BEGiNNINO 0 = RAILROAD SPIKE P.O.C. = PF COMMENCINGp = IRON ROD = MENTO = IRON PIPE _ DATE:JOB NO.: 11-22—pq- 0 4121A ECTION / o 1.2 SURVEYOR'S REPORT FOR SOUTH BEND MAC L.P. PARCELS �&5GA THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR NPDER ANENT AND/OR TEMPORARY MENT AS PROJECT No. HES EDDY, 1 ON STATE ROAD 23 (EDDY LLE INTERSECTION IMPROVEMENTS STREET). THE EAST RIGHT-OF-WAY OF EDDY STREETFOUF LASALLE STREET WAS ND AT THE CORNERS OF ESTABLISHED FROM EXISTING MONUMENTATION UND PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED � AVENUE. CUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTH A ADDITIONAL RIGHT-OF-WAY PARCELS AS SD DESCRIBED E IN DEED 674, AGE bl, DOCUMENT #9750386, DEED RECORD 437, PAGE 188, D EED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT FLAITH TTOP SAENTS MUEL L. FOUND COTRELLON �S FIRST EAST LINE OF LOT NO.16 OF THE RECORDED ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE SOUTH RIGHT-OF-WAY OF MCKINLEY AVENUE, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE NORTHWEST CORNER OF LOT 12 AND THE NORTHWEST CORNER OF LOT 14 OF THE RECORDED PLAT OF gLINGEL & PLAT BOOK 4o AGE 12OF ) T NO, 12 OF SAMLIEL L. COTTRELL'S FIRST ADDITION THE NORTH LINE OF THE SO ESTABLISHED EXISTING SOUTH RIGHT-OF-WAY LINE OF MCKIN EY AVENUE WESTOF EDDY STREET. THE NORTH LINE OF THE STUTH BEND DENTAL PARCEL TTE EXISTING SOUTH RIGHT-OF-WAY S ESTABLISHED AT RECORDED DISTANCE FROM WAY OF MCKINLEY AVENUE. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF TIIE SECOND PRINCIPAL ME-NUDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'± NORTH/SOUTH AND 1.3'f EAST/WEST- POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEETZOF,' 11 /.2 PROPOSED DESCRIPTION FOR SOUTH BEND MAC L P PARCEL 5G TEMPORARY RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST HE SECOND PRINCIPAL MERIDIAN IN TOWNSHIP 37 NORTH, RANGE 2 EAST OF T PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER DIOF LOT VIS ON OF BAS SHOWN OUT LOT N0 102 (PLAT N THE RECORDED PLAT OF KLINGLE & MAYR S ZTB BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 00°32'03"EAST (BASIS OF BEARINGS) ON THE EAST LINE OF O � NORTH LINE OSUBDIVISION ADPAR O L OF OUTLOT NO. 12, A DISTANCE OF 40.00 FEET LAND CONVEYED TO THE SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC IN DOCUMENT #0245292 AS FOUND IN TIE OFFICE OF THE ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 8903441" WEST ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89034'41" WEST ON SAID NORTH LINE, A DISTANCE OF 5.00 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 40.00 FEET TO v D�COUMENT #975LINE 0F A PARCEL OF LAND 0650 AS FOUND IN THE OFFICE UF TO SOUTH BEND MAC, L.P. ON THE ST. JOSEPH COUNTY �COF�5.00 RTHECE ECORDER; THENCETSOUTH' 00°32 03T EINA AST, NORTH LINE, A DISTANCE DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0046 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SHEET XOF k /;z 12 OF WO(Ks ......... PROJECT: HES-9971() PARCEL: 5, 5D & 5E Tax ID#: 18-5017-0594 (split) QUITCLAIM DEED 07464�S4 RECORDED AS PRESENTED ON 11/30/2007 10:17:44AM TERR1 J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $39. 00 PAGES: 12 THIS INDENTURE WITNESSETH, THAT The t3 h Ben Cli sic LLP an Indiana limited lia ifit artnersh i of St. JOSe71n County, in the State of Indiana ' RELEASES AND QUITCLAIMS TO THE CITY OF SOUTH BEND STATE OF INpRh�qNA, 227 W. Jefferson Blvd., Suite 1316, South Aend, IN 46601 for and in consideration of one dollar (S 1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, all right, title, interest and possessory rights which the Grantor may have in Real Estate situated in the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof which exhibits are incorporated herein by reference, the nature of which said rights, the Grantor(s) claims, arose or arise as follows: Memor ndunj_Qf a, c. and The Soulh Bend Clinre- IDLY- an iri0fariet tAnited i[lbility partnership- dated December 18, 1995 _ and recorded January 22, 1996 as Document Number 9602781 and Memorandum of Sublease _ between Eddy Property Development, LLC and The South Bend Clinic, LLP, dated March 13 2007 and recorded March 15 2007 as Document No. 0710438 The undersigned person executing this deed represents and certifies on behalf of the Grantor, that he is the Executive Director and Manager_ of the Grantor and has been fully empowered by the Grantor, to execute and deliver this deed and all other such instruments of transfer; that the Grantor is a limited liability partnership in good standing in the State of its origin and, where required, in the State where the subject real estate is situate; that the Grantor has full capacity to convey the real estate described; and that all necessary action for tine making of this conveyance has been duly taken. _—g Dated this day of _2007. (Printed Name and Title) Page I of 2 DULY ENMER, 0 FOR T NXAT, 0N , OSE H 05. INDLANA r CF r 4G Wo(K.S PROJECT: HES-9971( ) PARCEL: 5, 5D & 5E Tax IDS: 18-5017-0594 (split) QUITCLAIM DEED 10 -7 -4 E> "T �B �4 RECORDED AS PRESENTED ON 11/30/2007 10:17:44AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $39.00 PAGES: 12 THIS INDENTURE WITNESSETH, THAT The Sotith end ]inic LLP n Indiana limited liabili partnership of St._ Joseph County, in the State of Indiana RELEASES AND QUITCLAIMS TO THE CITY OF SOUTH ]SEND, STATE OF 1Npp�qqA 227 W. delAerson Blvd., Suite 1316, South l3end, IN 4660' for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, all right, title, interest and possessory rights which the Grantor may have in Real Estate situated in the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and rnade a part hereof which exhibits are incorporated herein by reference, the nature ofwhich said rights, the Grantor(s) claims, arose or arise as follows: - Memorandum of Uase between Medical Atsnor —and The Sourh Bend Clinic L.r ►-, an indiana rirnited iiability partnership, dated December 18, 1995 and recorded January 22 1996 as Document Number 9602781 and Memorandum of Sublease between Eddy Property Development, LLC and The South Bend Clinic, LLP, dated March 13. 2007 and recorded March 15, 2007 as Document No. 0710438 The undersigned person executing this deed represents and certifies on behalf of the Grantor, that he is the Executive Director and Manager of the Grantor and has been fully empowered by the Grantor, to execute and deliver this deed and all other such instruments of transfer; that the Grantor is a limited liability partnership in good standing in the Slate of its origin and, where required, in the State where the subject real estate is situate; that the Grantor has full capacity to convey the real estate described; and that all necessary action for the making of this conveyance has been duly taken. __-0 Dated this r day of '2007. (Printed Narne and Title) Page] of 2 DULY EMERED FORWAT4014 1iL4Cfi!A V1 . C. MI ST. OSEPH CO. INDMA STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) a � day of Before me, the undersigned, allotary Public in and for said county nt Paull.State, e'r15Executive Director and 2007, personally appeared artnershi Mana er of The S tith Bend inic LLP sand a ` acknowledged theexeC ton of the foregoing instrument. Witness my hand and notarial seal. y coifrint51!' n Expires: w\ Notary Public County of Residence ��- 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, Shawn E. Peterson, Attorney at Law. This instrument prepared by: Shawn E. Peterson, Attorney at Law Page 2 of 2 Exhibit «A» PLAT OF SURVEY for 5 )&&(3 SOUTH BEND MAC, L.P. SECTION �21 TOWNSHIP 37 PORTAGE TO NORTH, RANGE 2 EAST WNSHIP, ST. JJOSEPH COUNTY, INDIANA LASALLE STREW- (82.5' R/W) N85.00'�,3 E (N89'24'7 3"E) SOUTHNBEND MAC N40'03'O6' PARCEL AND EXISTING 31.43'(C) R/W LASALLE STREET SOUTH BEND MAC, L.P. �r DOC.# 9750650 O N89'27'57"E 5. Do' (C) PROPOSED TEMPORARY R/W N00'32'03"W 120.00'(C) S89'27'57"W 6.30'(C) PARCEL 5C N89'27'57"E 0.0160 ACRFR±--� 6.80'(C) P.031. 5c --i 7"W 0 0 PARCEL 5B 1189'27'57"E--� 0.0059 ACRES± 15.00'(C) SOUTH LINE SOUTH BEND MAC N00'32'03"W PARCEL AND EXISTING 700'(C) R/W COLFAX AVENUE .S89'27 57"W PROPOSED 13.0 '(C) PROPOSED TEMPORARY R/W TEMPORARY R/W N00'32'03"W/ 75.00'(C) PARCEL 5A S53'26'18"W 11.0.B 0.0065 ACRES 13.60'(C) SA ! S__a OO'32'04 "E (NB9'24 '0G "E) COLFAX AVENUE (82.5' R/W) N 16.o '�C)E P.O.A. 5O 1'1.C, 5A,5I1,5C NE CORNER LO'!' 10 CHRISTINA HALL'S SURD. APPROXIMATE EAST LINE OF SECTION 12 (CREATED FROM PLATTED DIMENSIONS) EXISTING R/W R/W fr 0 NO2'26'36"W N15.01'(C) C) 0 a r� b��][ Ill i- 0 W P.0.11. 5 B S89'27'57"W 2.00' C () S89'27'57"W 10,00'(C) i 5.00'(C) w N44'52'54"E S139.24'0611 20.00'(C) i' EAST LINE CHRISTINA HALL'S SUBDIVISION OF LOT N0. 15 HATCH LEGEND PERMANENT R/W PARCEL 5 0.1445 ACRES -- SCALE i" = 50, I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AN THE WITlIlN PEAT REPRESENTS A SURVEY MADE UNDER MY ���tlt�lugyi� D BELIEF = TERRITORIAL ENGINEERIN D G, COMPLETED ON f 7 ;j_Q��. CLASS SURVEY PE�\4 SEE SH£E! 2 OF 2 FOR SURVEYOR'S REPORT. \\\ v�Z L �, y Yi'lj, LLC VAN H. JANOVIC ROBCRT S. �L� O 4,G� S . • E U WALKERTpN 1S1D1At3A L.S. S041 1 L.S. 2020002� : •Q11yVALI��t1NLES37 r S LEGEND r CM0ON' 0:ALED i 20200024 5TATI: 0 1 � m j i , _. z04 D.R. - DEED RECORD-BOOK/PAGE ❑ - WOOD STAKE F = FOUND S o SET O v IRON BOLT R = RECORDED EOP a EDGE OF PAVEMENT R/W = RIGHT OF Why r, = PLATTED M OHL a OVERHEAD ONES = MEASURED & - POWER POLE C - CALCULATED -X—X- - EXISTING FENCE * - DIMENSION NOT TO SCALE P.O.B. = POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. - POINT OF COMMENCI • - IRON ROD = MONUMENT O = IRON PIPE - NAIL ` DALE: JOB NO -:I FILE: A -- F, r r- I ' n A 1 r) 1 17 1 c- s- r%-r-+ r, K 1 SURVEYOR'S REPORT SOUTH BEND MAC L.PFOR PARCELS 5 ARE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT ND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658• THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET, THE WEST RIGHT-OF-WAY OF EDDY STREET THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTD DIMENSIONS NORTH OF LASALLE STREET, THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON TIIE EAST LINE OF LOT NO.I6 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON THE SOUTH LINE OF LOTS 9-16 AS SHOWN ON THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE SOUTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE ESTABLISHED NORTH RIGHT-OF-WAY AT PLATTED DIMENSIONS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). ONCE ESTABLISHED, THE SOUTH RIGHT-OF-WAY WAS IN RELATIVE AGREEMENT WITH MONUMENTATION FOUND AT THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #9750650. THE SOUTH RIGHT-OF-WAY OF COLFAX AVENUE, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND IN RELATIVE AGREEMENT WITH LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236) AND THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #97937. SHEET 2 OF,a'/o ' I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION. KNOWLEDGE AND BELIEF THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND COMPLETED O11 ��, CLASS � SURVEY PER 865 lAC 25-2T.5 SEE SHEET 2 0 OF 2 FOR SURVEYOR'S REPORT. VAN H. ,IANOVIC ROBERT S. ALO! L.S. SO411 L.S. 20200024 R WA F'j AW M-1 � INVALID UNLESS EMBOSS SEALED /� 1-22- 2004 SNEET X OF 2' C TERRITORIAL ENGINEERING, LLC WALKERTON INDIANA 2.R. = DEED RECORD-BOOK/PAGE ❑ o WOOD STAKE a FOUND S SET O .. IRON BOLT R = RECORDED jFj FOP = EDGE OF PAVEMENT R/W - RIGHT OF WAY P = PLATTED OHL - OVERHEAD LINES M = MEASURED th - POWER POLE C g CALCULATED -X-X- - EXISTING FENCE * = DIMENSION NOT TO SCALE P.D.B. - POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. - POINT OF COMMENCING • IRON ROD 'L - MONUMENT O = IRON PIPE tK - ML DATE: JOB NO.: FILE. 1 1-22-04 04121 A SECTION /0 THE NORTH RIGHT-OF-WAY Or, COLFAX AVENUE ESTABLISHED PARALLEL,WEST OF EDDY STREET WAS PLATTED DIMENSIONS SHOWN ONl✓S ESTABLISHED SOUTH RIGHT-OF-WAY AT COTTRLLL'S FIRST ADDITION TO LOWELL (PLAT BOOK RECORDED AGE OF SAMUEL L. , 236). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED THE EXISTING SOUTH RIGHT-OF-WAY LINE OF LASALLE STREET AS STREET. T WEST OF EDDY THE SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF COLFAX AVENUE WEST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS L 8'± NORTIVSOUT14 AND 1.3'f EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-12IA SHEET 3 OF,3'/ 0 I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND DELIEF THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND C TERRITORIAL ENGINEERING, COMPLETED ON __ r r .l-na CLASS S; SURVEY PER 865 IAC 25-21.5 LLC SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. VAN H. ,IANOVIC ROBERT S. ALOI L.S. S041 1 L.S. 20200024 INVALID UNLESS EMDOSS SEALED WALKERTON IND1ANA D.R. DEED RECORD-BOOK/PAGE Cl - WOOD STAKE - FOUND p - IRON 90LT S = SET EDP - EDGE OF PAVEMENT R = RECORDED R/W - RIGHT OF WAY P = PLATTED jFj OHL - OVERHEAD LINES M = MEASURED t - POWER POLE C = CALCULATED —XX— - EXISTING FENCE = DIMENSION NOT TO SCALE P.O.B. = POINT OF BEGINNING 0 = RAILROAD SPIKE P.O,C. - POINT OF COMMENCMG • = IRON ROD A - MONUMENT O = IRON PIPE 3K - NAIL Ii(22- 2004 SHEET ,K OF z DATE: JOB NO.: 1 1-22-04 04121 A FILE: SECTION PROPOSED DESCRIPTION FOR SOUTH BEND MAC L.P. PARCEL 5 PERMANENT RIGHT-OF-WAy A PARCEL OF LAND LOCATED IN TI-I13- NORTHEAST QUARTER OF TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL ME JDTSECTION I2, PORTAGE TOWNSHIP, ST. JOSE RIDIAN IN PIT COUNTY, INDIANA BEING MORE PARTIC- ULARLYDESCRIBED AS FOLLOWS: BEGINNING AT THE NORTI-IEAST CORNER OF RECORDED PLAT OF CI-IRISTINA HALL'S SUBDIVISION OF L TSNo. 1O5 (PLABO 2, PAGE 66) OF SAMUEL L. COTTR)✓S LL F OK PART OFTHE,CITY Ory � SST ADDITION TO LOWELL, NOW A SOUTH BEND, INDIANA; THENCE SOUTH 00°32'03" EAST (BASIS OF BEARINGS), A DISTANCE OF A PARCEL OF LAND CONVEYED 409.I9 FEET TO THE SOUTHEAST CORNER TO SOUTH BEND MAC, L.P. IN DOCUMENT #9750650, AS FOUND IN TI-IE OFFICE OF THETHENCE SOUTI-I 89°24'O6" WE SAINT JOSEPH COUNTY RECORDER; WEST, A DISTANCE OF 20.00 FEET ON THE SOUTH LINE OF TT-IE SOUTH BEND MAC, L.P. PARCEL BEING THE SOUTH LINE OF LOT 14 IN CHRISTINA I-IALL'S SUBDIVISION; THENCE NORTH 44052'54" EAST, A DISTANCE OF 7.02 FEET; THENCE NORTH 00032'03" WEST, A DISTANCE OF 231.00 FEET; THENCE NORTH 89027'57" EAST, A DISTANCE OF 6.80 FEET, THENCE NORTH 02 26 36 WEST, A DISTANCE OF FEET; i DISTANCE O1� 6.30 FEET; , 15.01 I'EIJTo THENCE SOUTH 89°27'S7" WEST, A LT; THENCE NORTH 00 32 03 WEST, A DISTANCE OF 134.00 FEET; THENCE NORTH 40003'06" WEST, A DISTANCE OF 31.43 FEET TO TIIE NORTH LINE OF THE, SOUTH BEND MAC PARCEL; THENCE NORTH 89°24'13" EAST ON SAID NORTH LINE, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 0.1445 ACRES MOR - OR LESS. TERRITORIAL ENGTNEI ;RING, LLC WALKERTON, INDIANA 04-121 B APRIL 5, 2005 SHEET; i'OF,J- /0 I HEREBY CERTIFY THAT TO THE REST OF MY INFORMATION, KNOWLEDGE AND BELIEF THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON r t-.3-04 . CLASS _C_ SURVEY PER B65 IAC 25-21.5 SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. VAN H. JANOVIC ROBERT S. ALOI L.S. SO411 L.S. 20200024 INVALID UNLESS EMBOSS SEALED / �j ✓/� C TERRITORIAL ENGINEERING, LLC WALKERTON INDIANA D.R. - DEED RECORD-BOOK/PAGE ❑ .. WOOD STAKE F a FOUND O - IRON SOLT S - SET EDP - EDGE OF PAVEMENT R = RECORDED R/W - RIGHT OF WAY P = PLATTED OHL - OVERHEAD LINES M = MEASURED if- POWER POLE C = CALCULATED --X-X- - EXISTING FENCE } = DIMENSION NOT TO SCALE P.O.B, a POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.G. - POINT OF COMMENCING • = IRON ROD - MONUMENT O = IRON PIPE 38i - NAIL 11 A Tr. T-OF-WAY PLAT OF SURVEY 5D for 0 SOUTH BEND MAC, L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA McKINLEY AVENUE (40' R/W) (N89'34'41 "E) SOUTH BEND DENTAL CENTER SOUTH BEND MAC, L.P. PARTNERSHIP LLC DOC49750650 DOC. # 0245292 APPROXIMATE EAST LINE OF SECTION 12 (CREATED FROM PLATTED DIMENSIONS) I I ' I N89'34'4 1 "I- 5.00'(C) EXfST1NG R/W N89'34'41 "E SOUTH LINE 1 Q SOUTH BEND s. EAST LINE DENTAL CENTER LOT 16 PARCEL KLINGLE & MAYR'S SUBDIVISION � y O I TO OUTLOT N0. 12 (v0 N tD . SCALE 1" = 20' o � CIO C 0 0 � a I HATCH LEGEND o PERMANENT R/w O� TEMPORARY PROPOSED TEMPORARY R/W/ W I R/W o W I SOUTH LINE SOUTH BEND ti^�� C1) MAC PARCEL AND NORTHERLY R/W LASALLE STREET ��� � h X� 0 N00'32'03"W W 8.30'(C) PROPOSED R/W N89'27'57"E Q ��o •�'��; mt WE' �P.O 8. 5F O' e' P.O.S. 5D s,_. �?K.. P.Q.C. 5F (N89'24'13"E) 38.00'(C) — 40.00'(C) f KLINGLENER & MAYR'S6 L ASALLE STREET (82.5' R/W) SUBDIVISION FHEE TIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND 13ELIEF C TERRITORIAL ENGINEERING, LAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND N 11-3�3�. CLASS Q SURVEY PER 865 LAC 25-21.5 LLC OF 2 FOR SURVFYOR'S REPORT. WALKERTON INDIANA ANOVIC ROBERT S. ALOI LEGEND 1 L.S. 20200024 INVALID UNLESS EMBOSS SEALED D.H. =DEED RECORD-BOOK/PAGE [2=WOOD STAKE F FOUND O = IRON BOLT S = SET EOP - EDGE OF PAVEMENT R = RECORDED R/W - RIGHT OF WAY P = PLATTED OHL = OVERHEAD ONES M = MEASURED * - POWER POLE C - CALCULATED -X-X- = EXISTING FENCE * = DIMENSION NOT TO SCALE P.O.B. POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. - POINT OF COMMENCING • -IRON ROD 0 = MONUMENT O =IRON PIPE ISI NAIL J zao44 DATE: JOB NO.; FILE: 1( 2a sIIE�r XOF-r 1 1-22-04 04121 A SECTION 5 /0 SURVEYOR'S REPORT FOR SOUTH BEND MAC L.P. PARCELS 5D & THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. IIES-997I ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT 119608937 AND DEED DOCUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON THE SOUTH LINE OF LOTS 9-16 AS SHOWN ON THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE SOUTH LINE OF THE SOUTH BEND DENTAL CENTER PARCEL AT RECORDED DISTANCES. THE SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF LASALLE STREET WEST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8't NORTH/SOUTH AND 1.3'-+ EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET/Z OF 2' d /o PROPOSED DESCRIPTION FOR SOUTH BEND MAC, L.P. (PARCEL 5D) PERMANENT RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF TIIE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 16, AS SHOWN ON THE RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUTLOT No. 12 (PLAT BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF TIIE CITY OF SOUTH BEND, INDIANA; TIIENCE SOUTH 89'°24' 13"WEST (BASIS OF BEARINGS), A DISTANCE OF 40.00 FEET ON THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO SOUTII BEND MAC, L.P. IN DOCUMENT # 9750650, AS FOUND IN THE OFFICE OF THE, SAINT JOSEPH COUNTY RECORDER BEING THE SOUTH LINE OF LOT 16 IN KLINGLE & MAYR'S SUBDIVISION; THENCE NORTH 40°27'40" EAST, A DISTANCE OF 22.87 FEET; THENCE NORTH 00032'03" WEST, A DISTANCE OF 87.68 FEET TO TIIE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO TIIE SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC IN DOCUMENT # 0245292; THENCE NORTH 89°34'41" EAST ON SAID SOUTH LINE, A DISTANCE OF 25.00 FEET TO THE EAST LINE OF THE KLINGLE & MAYR'S SUBDIVISION; THENCE SOUTH 00032'03" EAST ON SAID EAST LINE, A DISTANCE OF 104.85 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0632 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SIIEET,YOF k 7 /o HIGHT-OF-WAY PLAT OF SURVEY 5E for SOUTH BEND MAC„ L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, McKINLEY AVENUE (40' R/W) N89'34'4-1 "E (N89'34'41 "E) 5.00'(C) NORTH LINE SOUTH BEND MAC N00'32'03"W / PARCEL AND EXISTING 40.00'(C) SOUTH R/W SOUTH BEND MAC, LP. MCKINLCY AVENUE DOCA9750650 PARCEL 5G 0.0046 ACRES± I PROPOSED TEMPORARY R/W NORTH LINE SOUTH BEND DENTAL CENTER S89-34.41"W PARCEL 5.00'(C) SCALE I " = 20' PROPOSED R/W N89'34'41 "E 25.00'(C) P.O.B. 5G n D DENTAL CENTER NERSHJP LLC // 024-5292 C� 1 HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON 11-3-04 . CLASS -f- SURVEY PER 665 IAC 25-21.5 SEE SHEET 2 OF'2 FOR SURVEYOR'S REPORT. VAN H. JANOVIC L.S. SO411 ROBERT S. ALOI L.S. 20200024 INVALID UNLESS EMBOSS SEALED 11121 200 SI IEL-r ,Y or r N Q O Ir W i- 1-- co W rr n 2 EAST INDIANA P.O.13. 5E P.O.C. 5G NE CORNER LOT 16 KLINGLE & MAYR'S SUBDIVISION R/W APPROXIMATE EAST LINE OF SECTION 12 (CREATED FROM PLATTED DIMENSIONS) f EAST LINE LOT 16 XLINGLE & MAYR'S SUBDIVISION TO OUTLOT NO. 12 C TERRITORIAL ENGINrmRING, r- LLC WALKERTON 1NDIANA 1R. = DEED RECORD—BOOK/PAGE ❑ — WOOD STAKE F = FOUND 0 — IRON BOLT S = SET EOP — EDGE OF PAVEMENT R = RECORDED R/W — RIGHT OF WAY P = PLATTED OHL - OVERHEAD LINES M = MEASURED lk - POWER POLE C - CALCULATED —X—X— - EXISTING FENCE * = DIMENSION NOT TO SCALE P.O.B. a POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. - POINT OF COMMENCING • - IRON ROD = MONUMENT O = IRON PIPE - NAIL DATE: JOB NO.: FILE: 1 1-22— 04 04121 A I SECTION SURVEYOR'S REPORT FOR SOUTH BEND MAC L.P. PARCELS 5E & THE PURPOSE OF TEAS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. TIES-997I ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT -Or -WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE SOUTH RIGHT-OF-WAY OF MCKINLEY AVENUE, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE NORTHWEST CORNER OF LOT 12 AND THE NORTHWEST CORNER OF LOT 14 OF THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF LOT NO, 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 4, PAGE 12). THE NORTH LINE OF THE SOUTH BEND MAC PARCEL WAS ESTABLISHED AS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF MCKINLEY AVENUE WEST OF EDDY STREET, THE NORTH LINE OF THE SOUTH BEND DENTAL PARCEL WAS ESTABLISHED AT RECORDED DISTANCE FROM THE EXISTING SOUTH RIGHT-OF-WAY OF MCKINLEY AVENUE. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A r LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'± NORTHISOUTH AND 1.3'f EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET,2'OF ,' ' 9 /a PROPOSED DESCRIPTION FOR SOUTH BEND MAC, L.P. (PARCEL 5E) PERMANENT RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF TIIE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 16, AS SHOWN ON THE RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUT LOT No. 12 (PLAT BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 00032'03"EAST (BASIS OF BEARINGS) ON THE EAST LINE OF KLINGLE & MAYR'S SUBDIVISION TO OUTLOT NO. 12, A DISTANCE OF 40.00 FEET TO THE NORTH LINE OF A PARCEL OF LAND CONVEYED TO THE SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC IN DOCUMENT #0245292 AS FOUND IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 89°34'41' WEST ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 40.00 FEET TO THE NORTH LINE OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. DOCUMENT ##9750650 AS FOUND IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER; THENCE NORTH 89°34'41" EAST ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0230 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SHEET XOF k l0 /0 32/3 11/30/2007 Quitc!airn need (2)AVarranty Deed/Pa_rt1al Release of Mortgage (2)/Temporary Easement : agreement 18-5017-O394 LOT NC SUB: Samuel L. Comell's l st Addition tr., Lowell South Bend Clinic, LLP Eddy Street Description: A Portion of the Property located on the North%vest Corner of the Intersection of Eddy Street and LaSalle Street As a part of The Eddy/Colfax/LaSalle Project No. 104-033 's 32� 11/30/2007 Quitc!aiTn Deed (2)PNarranty Deed/Pwrt:al Release of Mortgage (2)/Temporary Easement : Lgeement 1 18-5017-0594 LOT NC SUB: Samuel L. Cottrell's 1 st Addition r Lowell South Bend Clinic, LLP Eddy Street Description: A Portion of the Property located on the Northwest Corner of the Intersection of Eddy Street and LaSalle Street As a part of The Eddy/Colfax/LaSalle Project No. 104-033 363 jt 3ZZ3 TM''a ,"11 ��A 0 Txlvg E9i�ad_ �r1 Ni — 'G --0 iD74G�48e, RECORDED AS PRESENTED ON PROJECT: FIES-997 I ( ) PARCEL: 5. 5D & 5E Tax IDn: 18--5017-0594 Cspllt) QUITCLAIM DEED THIS INDENTURE WITNESSETH, THAT Eddy Proert Develop ment LLC of St. Joseph County, in the State of Indiana , 11/30/2007 10:17:96AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: 539.00 PAGES: 12 RELEASES AND QUITCLAIMS TO THE CITY OF SOUTH BEND, STATE Of INDIANA, 227 W. Jefferson Blvd., Suite 1316, South Bend, IN 46601 for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, all right, title, interest and possessory rights which the Grantor may have in Real Estate situated in the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof which exhibits are incorporated herein by reference, the nature of which said rights, the Grantor(s) claims, arose or arise as follows: Memorandum of Lease between South Bend MAC LP and Eddy Property Develo nient LLC. dated March 1 2007 and recorded March 15, 2007_as_Document Number 0710434 The undersigned person executing this deed represents and certifies on behalf of the Grantor, that he is the _ Executive Director and Manager of the Grantor and has been frilly empowered by the Grantor, to execute and deliver this deed and all other such instruments of transfer; that the Grantor is a limited liability company in good standing in the State of its origin and, where required, in the State where the subject real estate is situate; that the Grantor has full capacity to convey the real estate described; and that all necessary action for the making of this conveyance has been duly taken. Dated this 2- F-day of J Gam/ �/� , 2007, Cdd ro ert Development, LLC BV (Signature) Paul J. Meyer, Executive Director and Manager (Printed Name and Title) Page l of 2 DULY c:r!t'Z Ert- �,'ax�i 6ttiJa���t�g _ ` C. MY ��„J3lai4'eaLJ. �t't3l�i�4l�. STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before ne, the undersigned, a Notary Public in and for said County and State, thisg day of 1-4 2007, personally appeared Paul J. Meyer, EXecutaye Director and and acknowledged the execution of the foregoing instrument: -I Witness my hand and notarial seal. 3 z (SEAL) My Commission Expires: Notary Public County of Residence I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless rewired by law, Shawn E. Peterson, Attorney at Law. This instrument prepared by: Shawn E. Peterson, Attorney at Law Page 2 of 2 HIUH I -Ur-VVAT Exhibit "A " G PLAT OF SURVEY 5 O&J ) forO SOUTH BEND MAC, L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 89-24-13-E LASALLE STREET (82.5'R/W) N35.00'(C) P.O.C. 5A.513,5C (N89-24.13"E) NV- COIZNglt Lar io CHRISTINA IIALUS SUB D. NORTH LINE N40*03'06"W— APPROXIMATE EAST LINE SOUTH BEND MAC PARCEL AND EXISTING J 31.43'(C) OF SECTION 12 (CREATED R/W LASALLE STREET FROM PLATTED DIMENSIONS) EXIEmNQ R/W SOUTH BEND MAC, L.P. DOCA 9750650 EAST LINE 1,4 PROPOSED R/W CHRISTINA HALL'S SUBDIVISION OF LOT 140. 15 N139'27'57"E 5.00,(C) PROPOSED TEMPORARY R/W,----' HATCH LEGEND 0 (0 PERMANENT o 1120.00'(C) -�; NO2'26'36"W R/W S89'27'57"W- 15.01 '(C) 6.30'(C) Xt/ s CV PARCEL 5C N89'0 ,8275'C) 0 7"E TEMPORARY 6,( 0.0160 < R/W P.O.11. 5C — 0 < S89'27'57"W - yo -w CY c� cl) > 0❑ P-I W 0 PARCEL PARCEL 5B 0.0059 ACRESt 15.00'(C) 0,1445 ACRESt SOUTH LINE SOUTH BEND MAC NOO*32'03"W -- PARCEL AND EXISTING 7.00'(C) R/W COLFAX AVENUE 589'27 57"W PROPOSED R0,13, 513 TEMPORARY R/W PROPOSED -S89'27'57"W W"",-- 2.00'(C) NOO'.32'03" TEMPORARY R/W 75.00'(C) �SJ53.'2 �18;W B*- "_0 P.O. B S89*27 57"W S53'26'18"W PARCEL 5A 3 GO (C 10.00'(C) 13.60'(C) 5A P-1 5.00'(C) 0�0065 ACRES± S100*32' 4"E C) 7.95'( . - — _ / �j SCALE 1" 50' — 11 /'— '--- N44-52'54"C (N89-24'06"E) 7.02'(C) r-- A \,' k N 1-0 ti I- rN,�,'24.0.)". '--9()'24'06"W tC-%0L1—AA AV[714U1= (08 2. Or"! R Md I 6,00.(C) 20.00'(C) I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF F-- TERRITURIAL E-NGINEE-RING, THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MYa�jjkjjtIVjVj D COMPLETED ON 11-3--0-4— CLASS _,C_ SURVEY PE!Qk� 211v �FA' LLC SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. "\, — �` E— WALKERTON — INDIANA VAN 1-1. JANOVIC ROBERT S. % LEGEND S0411 L.S.. 2020002 VALQUNLES Z: Mf]OqN OC-ALEO D.R. = DEED RECORD-BOOK/PAGE 0 - WOOD STAKE -FOUND 0 - IRON DOLT S 20200024 - SET EOP - EDGE OF PAVEMENT = RECORDED R/W - RIGHT OF WAY p FI HEREBY CERTIFY THE WITHIN PLAT COMPLETED ON SEE -51 iEET 2 0, VAN 1_1 J� L.S.L. S S041 1 PLATTED OJIL - OVERHEAD ONES D A - POWER POLE CALCULATED -X-X- - EXISTING FENCE DIMENSION NOT TO SCALE P.O.D. - POINT OF DEGiNNING ....... 0 RAILROAD SPIKE P.O.C. - POINT OF COMMENCING UR IRON ROD 16 - MONUMENT 0 IRON PIPE 0 - NAIL '��Ntn I FICE:E - DATE: JOB NO.: 200� 5 -X/0 4-5-0 0 s �;Ilm I (m SECTION SURVEYOR'S REPORT FOR SOUTH BEND MAC, L.P. (PARCELS 5,,,, &�. PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE liv i c vv SECTION IMPROVEMENTS PROJECT No. I-IES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658. TIIIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT 49750396, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITII MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF TIIE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON TIIE SOUTH LINE OF LOTS 9-16 AS SHOWN ON THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE SOUTII RIGIIT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE ESTABLISHED NORTH RIGHT-OF-WAY AT PLATTED DIMENSIONS SIIOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). ONCE ESTABLISHED, TIIE SOUTH RIGHT-OF-WAY WAS IN RELATIVE AGREEMENT WITH MONUMENTATION FOUND AT THE NORTHWEST CORNER OF A PARCEL OF LAND, DESCRIBED IN DEED DOCUMENT #9750650. THE SOUTH RIGHT-OF-WAY OF COLFAX AVENUE, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND IN RELATIVE AGREEMENT WITII LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236) AND THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #97937. SHEET 2 OFXI& I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON 77-3-04 . CLASS C SURVEY PER 865 LAC 25-23.5 SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. VAN H. JANOVIC ROBERT S. AL01 L.S. SO411 L.S. 20200024 F TERRITORIAL ENGINEERING, I LLC WALKERTON INDIANA INVALID UNLESS EMOOSS SEALED D.R. = DEED RECORD—BOOK/PAGE 0 - WOOD STAKE F — FOUND 0 — IRON BOLT S — SET EDP — EDGE OF PAVEMENT R = RECORDED R/W a RIGHT OF WAY P = PLATTED OHL — OVERHEAD LINES M - MEASURED !i — POWER POLE C = CALCULATED —X—X— -� EXISTING FENCE * = DIMENSION NOT TO SCALE P.O.B. - POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. — POINT OF COMMENCING — :RON ROD ink- MONUMENT 0 =IRON PIPE 0 a NAIL DATE: JOB NO.: FILE: /22- 2004 sIW-CF XOF 7 L.1 1--22-04 04121A SECTION r7 /0 THE NORTH RIGHT-OF-WAY OF COLFAX AVENUE-, WEST OF EDDY STREET WAS ESTABLISIIED PARALLEL TO THE ESTABLISHED SOUTH RIGHT-OF-WAY AT PLATTED DIMENSIONS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE ExrSTING SOUTH RIGHT-OF-WAY LINE OF LASALLE STREET WEST OF EDDY STREET. THE SOUTH LINE OF TIIE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF COLFAX AVENUE WEST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISIIED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'± NORTI-I/SOUTH AND 1.3'± EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET 3 OF/3/ o I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND BELIEF THE WITHIN PLAT REPRESENTS A SURVEY !.LADE UNDER MY SUPERVISION AND C TERRITORIAL ENGIN1:1'K1INU, COMPLETED ON 11-3-O4_.. CLASS -. SURVEY PER 865 IAC 25-21.5 I LLC SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. - - WALKERTON INDIANA VAN H. JANOVIC ROBERT S. Al_01 L.S. SO411 L.S. 20200024 W-d/ 0, W. Fdl F-M I Is 416 -A INVALID UNLESS EMDOSS SEALED D.R. = DEED RECORD-BOOK/PAGE ❑ - WOOD STAKE F - FOUND 0 - IRON BOLT S = SET EOP - EDGE OF PAVEMENT R = RECORDED R/W RIGHT OF WAY P = PLATTED OHL - OVERHEAD t1NES M - MEASURED & - POWER POLE C - CALCULATED -X-X - EXISTING FENCE = DIMENSION NOT TO SCALE P.O.B. - POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. - POINT OF COMMENCING = IRON ROD - MONUMENT 0 = IRON PIPE ffiI - NAIL DnrE: JOD NO.: FILE: 1 I Zz LOOA I SHEET ,KOf: 11-22-04 04121A SECTION � /0 PROPOSED DESCRIPTION FOR SOUTH BEND MAC L.P. PARCEL 5 PERMANENT RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN TI-IL NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST Or THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MO ,RE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 10, AS SHOWN ON THE RECORDED PLAT OF CURISTINA HALL'S SUBDIVISION OF LOT No. 15 (PLAT BOOK 2, PAGE 66) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE, SOUTH 00032'03" EAST (BASIS OF BEARINGS), A DISTANCE OF 409.19 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. IN DOCUMENT P9750650, AS FOUND IN THE OFFICE OF THE SAINT JOSEPH COUNTY RECORDER; TI-RENCE SOUTH 89024'06" WEST, A DISTANCE OF 20.00 FEET ON THE- SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL BEING THE SOUTH LINE OF LOT 14 IN CI-IRISTINA I-IALL'S SUBDIVISION; TII13NCE NORTH 44°52'54" EAST A DISTANCE OF 7.02 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 231.00 FELT; THENCE NORTH 8902757" EAST, A DISTANCE OF 6.80 FEET; THENCE NORTH 02°26'36" WEST, A DISTANCE OF 15.01 FEET; THENCE SOUTH 89°27'57" WEST, A DISTANCE OF 6.30 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 134,00 FEET; THENCE NORTTI 40°03'06" WEST, A DISTANCE OF 31.43 FEET TO THE NORTH LINE OF THE SOUTH BEND MAC PARCEL; THENCE NORTH 89°24' 13".EAST ON SAID NORTH LINE, A DISTANCE OF 35.00 FEET TO TI-IE POINT OF BEGINNING. PARCEL CONTAINS 0.1445 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121I3 APRIL 5, 2005 SI-IEET.-YOF..Y � /v (t,HEREBY CERTIFY 71iAT 70 TFIE BEST OF FAY INFORMATION, KNOWLEDGE AND IIELIEFE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION ANDTERRITORIAL 13NGINErRING, FAPLETEU ON I1-3-04_. CLASS ._ SURVEY PER BG5 IAC 25-21.5 LLC E SHEET 2 OF 2 FOR SURVEYOR'S REPORT. RIGHT -OF --WAY PLAT OF SURVEY 5D for SOUTH BEND MAC, L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST aRTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA McKINLEY AVENUE (40' R/ W) (N89'34'41 "E) SOUTH BEND MAC, L.P DOC49750650 SOUTI-I BEND DENTAL- CENTER PARTNERSHIP LLC DOC.I 0245292 N89'. 4 "I 1 " L 5.00,(c) N89"34'41 "E SOUTH LINE SOUTH BEND DENTAL CENTER PARCEL >Li � SCALE 1" = 20' v PROPOSED TEMPORARY R/W�! y SOUTH LINE SOUTH BEND MAC PARCEL AND NORTHERLY R/W LASALLE STREET h� �� N00'32'03"W \ �V Q� . u APPROXIMATE EAST LINE OE SECTION 12 (CREATED FROM PLATTED DIMENSIONS) I EXISTING R/W .� EAST LINE LOT 16 c I KLINGLE & MAYR'S SUBDIVISION bI TO OUTLOT NO. 12 � I u N in 00 Q I o I O I HATCH LEGEND a LLJ PERMANENT r Q R/w Li f-- co TEMPORARY W R/W o W I cn fr E� W PROPOSED R/W N89'27'57" E � P.O.B. 5D (N89'24'13"E) 38.00'(C) - - �o.00 (c) -`SSE CORNER LOT 16 KLINGLE & MAYR'S L ASALLE STREET (82.5' RX SUBDIVISION RTIFY THAT TO THE 9E57 OF MY INFORMATION, KNOWLEDGE AND BELIEF TERRITORIAL ENGINEERING, LAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND N _ 11-3-04 . CLASS � SURVEY PER 865 IAC 25-21.5 LLC OF 2 FOR SURVEYOR'S REPORT. WALKERTON INDIANA FSHEET LEGEND ANOVIC ROBERT S. AL01 1 L.S. 20200024 INVALID UNLESS D.R. = DEED RECORD-BOOK/PAGE ❑ - WOOD STAKE EMBOSS SEAL17D F - FOUND O - IRON BOLT S = SET EOP - EDGE OF PAVEMENT R = RECORDED R/W - RIGHT OF WAY P = PLATTED OHL - OVERHEAD LINES M a MEASURED (� _ POWER POLE C = CALCULATED--%—X-- - EXISTING FENCE = DIMENSION NOT TO SCALE P.O.B. - POINT OF BEGINNING fl = RAILROAD SPIKE P.O.C. - POINT OF COMMENCING ` �00 �C�• ;(/.22-2004 a IRON ROD 0 IRON PIPE © - MONUMENT ffiE - NAIL DATE: JOB NO,: FILE: SIIECr,KOF Z 11-22--04 04121A SECTION 5 /o SURVEYOR'S REPORT FOR SOUTH BEND MAC L.P. (PARCELS 5D & A THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. I-IES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT ##8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING TIIE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON THE SOUTH LINE OF LOTS 9-16 AS SHOWN ON THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE SOUTH LINE OF THE SOUTH BEND DENTAL CENTER PARCEL AT RECORDED DISTANCES. THE SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF LASALLE STREET WEST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN wns �o~r ��z ETitvI1N D roR rrr-rrs S'E Rvr.-Y DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY' FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS I.8':h NORTH/SOUTH AND 1.3'7h EASTMEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SIIEETiZ OF X 9 /D PROPOSED DESCRIPTION FOR SOUTH BEND MAC, L.P. (PARCEL 5D) PERMANENT RIGHT -Or -WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPI-I COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 16, AS SHOWN ON THE RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUTLOT No. 12 (PLAT BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 89°24' 13"WEST (BASIS OF BEARINGS), A DISTANCE OF 40.00 FEET ON THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO SOUTII BEND MAC, L.P. IN DOCUMENT # 9750650, AS FOUND IN THE OFFICE OF TIIE SAINT JOSEPH COUNTY RECORDER BEING THE SOUTH LINE OF LOT 16 IN KLINGLE & MAYR'S SUBDMSION; THENCE NORTH 40°27'40" EAST, A DISTANCE OF 22.87 FEET; THENCE NORTH 00032'03" WEST, A DISTANCE OF 87.68 FEET TO THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO THE SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC IN DOCUMENT # 0245292; THENCE NORTH 89°34'4 r EAST ON SAID SOUTH LINE, A DISTANCE OF 25.00 FEET TO THE EAST LINE OF THE KLINGLE & MAYR'S SUBDIVISION; THENCE SOUTH 00032'03" EAST ON SAID EAST LINE, A DISTANCE OF 104.85 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0632 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SHEETXOF k 7 to THEEwmlIN PLATE RESENTS A SURVEY MADEFY THAT TO THE BEST OF MY NUNDERTIMY SUPERVISION AND oruEF C TERRITORIAL ENGINEERING, COMPLETED ON 11-3-04 . CLASS .Q. SURVEY PER B55 IAC 25-21.5 SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. i LLC WALKERTON INBIAiVA VAN H. JANOVIC ROBERT S. ALOI L.S. SO411 L.S. 20200024 INVALID UNLESS EMBOSS SEALED LEGEND D.R. = DEED RECORD-BOOK/PAGE FFOUND 0 - WOOD STAKE O 1RON 80LT SET EOP - EDGE OF PAVEMENT RRECORDED R/W - RIGHT OF WAY P= PLATTED - MEASURED IMa OHL - OVERHEAD LINES A - POWER POLE C - CALCULATED -X-X- a EX STING FENCE * - DIMENSION NOT TO SCALE 0 = RAILROAD SPIKE • -IRON ROD O =IRON PIPE P.O.B. o POINT OF BEGINNING P.O.C. a POINT OF COMMENCING A = MONUMENT I$ - NAIL DA1E: JOB NO.: FILE: SIIEL7f X OF x 1 1-22-04 04121 A SECTION J /0 RIGHT-OF-WAY PLAT OF SURVEY 5E for SOUTH BEND MAC„L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA P.O.B. 5E P.O.C. 513 N8 CORNER LOT 16 KLINGLE & MAYR`S SUBDBaSION PROPOSED R/W McKINLEY AVENUE (40' R/W) FASTING R/W N89'34'4 1 "E (NFi9'3h'41 "F) 5.00'(C) NB9'34'4I "E I /1 CD NORTH LINE NOO.32'03"W SOUTH BEND MAC PARCEL AND LXISIINC — ¢i soulll I?^ SOUTH REND MAC, LP. McKINLEY AVENUI: DOCA9750650 j " i0 / V) PARCEL 5GI / m co I APPROXIMATE EAST LINE OF SECTION 12 ,�� N I (CREATED FROM 0.0046 ACRESt _ / P PLATTED DIMENSIONS) PROPOSED / to Q TEMPORARY RIW NORTH LINE 25.00'(C) — O SOUTH BEND DENTAL CENTER P.O.B. ir 0 PARCEL S$9'34'h1"�Y 5.00'(C) SG w I �l +� SOUTH BEND DENTAL CENTER PARTNERSHIP LLC DOC.// 0245292 o oo cf) ❑I W EAST LINE LOT 16 LINGLE do MAYR'S SUBDIVISION HATCH LEGEND TO OUTLOT NO. 12 PERMANENT R/W TF&APORARY SCALE 1" = 20' R/W THE WITBCERTtFY THAT TO THE BEST OF MY PLAT INFORMATION, BELIEF REPRESENTS A SURVEY MADE SUPERVISION AND HINC TERRITORIAL ENGINEERING, COMPLETED ON 1,1-3-04_. CLASS -L- SURVEY PER 865 IAC 25-21.5 � SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. I 1 !` LLC WALKERTON INDIANA VAN F1. JANOVIC ROBERT S. AL01 L.S. SO411 L.S. 20200024 INVALID UNLESS EMBOSS SEALED D.R.DEED RECORD-BOOK/PAGE ❑ o WOOD STAKE - FOUND IDc IRON BOLT S = SET EDP .. EDGE OF PAVEMENT R IF - RECORDED R/W a RIGHT OF WAY P = PLATTEO OHL OVERHEAD LINES M MEASURED Ij POWER POLE C CALCULATED -X—X- - EXISTING FENCE M DIMENSION NOT TO SCALE P.O.D. a POINT OF BEGINNING 0 RAILROAD SPIKE P.D.C. .. POINT OF COMMENCING - IKON ROD A = MONUMENT O = IRON PIPE NAIL DATE: JOD NO.: NO FILE: FILE; 2004 sIIEerxOr,5Y 1'1 -22--04 SECTION /o SURVEYOR'S REPORT FOR SOUTH BEND MAC L.P. PARCELS 5E & THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. I-IES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE SOUTH RIGHT-OF-WAY OF MCKINLEY AVENUE, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE NORTHWEST CORNER OF LOT 12 AND THE NORTHWEST CORNER OF LOT 14 OF THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF LOT NO, 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 4, PAGE 12). THE NORTH LINE OF THE SOUTIi BEND MAC PARCEL WAS ESTABLISHED AS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF MCKINLEY AVENUE WEST OF EDDY STREET, THE NORTH LINE OF TIIE SOUTH BEND DENTAL PARCEL WAS ESTABLISHED AT RECORDED DISTANCE FROM THE EXISTING SOUTH RIGHT-OF-WAY OF MCKINLEY AVENUE. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN was FO'R `I'7775 SURVEY - DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOC�.TIOI`?S trpny gnOr/r nLATrEr, A?'\TD RECORDED DIMENSIONS BY AS MUCH AS 1.8'± NORTII/SOUTH AND 1.3'± EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEETOOF 2' 9 1a PROPOSED DESCRIPTION FOR SOUTH BEND MAC L.P. PARCEL 5E PERMANENT RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 16, AS SHOWN ON THE RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUT LOT No. 12 (PLAT BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 00132'03"EAST (BASIS OF BEARINGS) ON THE EAST LINE OF KLINGLE & MAYR'S SUBDIVISION TO OUTLOT NO.12, A DISTANCE OF 40.00 FEET TO THE NORTH LINE OF A PARCEL OF LAND CONVEYED TO THE SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC IN DOCUMENT #0245292 AS FOUND IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 89°34'41' WEST ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET; THENCE NORTIi 00°32'03" WEST, A DISTANCE OF 40.00 FEET TO THE NORTH LINE OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. DOCUMENT #9750650 AS FOUND IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER; THENCE NORTH 89°34'41" EAST ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0230 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SHEET,YOF Y /0 /0 Project: JES-9971()_ - Parcel: Road: PARTIAL RJRLEASE Or MORTGAGE This is to certify that a certain mortgage executed by Eddy aQPerty DevPlnprnPn+ WE nDAU_zLQ15i2iaLb 13;nd MAC, LP., i i (Mortgagor), to Mas (Mortgagee), dated as of _MgKch 14, 20Q7 and recorded Bch 15- 200 in the sum of S-A3,2Z9_.O_Q0.00 recorded as Document No.. 071�0g15- i the Office of the Recorder of St. Joseph County, Jndiana, is hereby released upon the following described real estate in St, _ Joseph County, Indiana: See Attached Exhibit "A" Said Mortgage remains in full force and effect as to the remainder of real estate therein described. In witness whereof the said Ma�sachg�� finial s n (Mortgagee) has caused this partial release of mortgage to be signed on its behalf by its authorized agent, -BabTon Capital hJuaAnmciat LI.0 , and its seal attached thereto this day of 2007. Mortgagee ' By: Babson CapitaJ Management LLC, a Delaware limited liability mpany, its auth zed agent .< • (signature) DONALD J. PHELAN MANAGING DIRECTOR (Printed Name and Title) Page I of 2 ,� 3zz3 m a O rx7 -�3 t• 7 � Mod t•i to n M c4 tV a ��• Is to io 0 tCn a za � •G t:+i V trj a � Project: JjE5=K f_)__ Parcel: Road:y Colfax T a4allr PARTIAL RELEASE Or MORTGAGE This is to certify that a certain mortgage executed by.Ina v i (Mortgagor), to an Ind i aria ' (Mortgagee), dated as of c A 2QQ7 and recorded -,March 15- 200L in the sum of i-A3.2Zr1.000•00 recorded as Document No_,2.710435 in the Office of the Recorder of Sty —iasenh County, Indiana, is hereby released upon the following described real estate in St. J_ gseph Courn.Y, Indiana: See Attached Exhibit "A" Said Mortgage rem described. ains in N11 force and effect as to the remainder of real estate therein In witness whereof the said 9 s n (Mortgagee) has caused this partial release of mortgage to be signed on its behalf by its authorized agent, _ and its seal attached thereto this day of 2007. Mortgagee By: Babson Capital Management LLC, a Delaware .'• �' �= limited liability ompany, it auth Fized agent (Signature) DONALD J, PHELAN MANAGING DIRECTOR (Printed Name and Title) Page t of 2 ,2� 3zz3 M at�7 '�3C7 N 0 p t�rJ rri 0 m ntow tv a om. m to LjaEn v a � 3 A COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF HAMPDEN ) SS: Hcfore me, the undersi nned, otary Public in and for said County and Commonwealth, personally appeared _, -y-1� 16'1 ,known to me to be the Manag,;nwit ,ctnr of Ca I Mane .G, authorized agent of v Mutual Tjfe and acknowledged the execution of the above partial release of mortgage as and for the act and deed of the said Massach.,cen, r cr Witness my hand and noturial seal this - day of 2007, Mot Public (Signature) f `j Tn Wbihii� " Notary Public (Printed Name) VANESSAl.1 Lt:Jhl' fitd�aiVGRT{INN—TGN Notar} Public CommonAmalth of Massachusetts htyC� My commission expires yZGsl2a Spires My county of residence is This instrument was prepared by Gov A. Buskirk • '` { r i,il"T yam: �g1G�.•�{:���Ef 1 - l: �+y I affirm, undcr the penalties for per ury, that I have taken reasonable care to Social redact each Security number in Ibis document, unless required b law, Roy A_ Buskirk 4 Y Y '• ` ' �� �• V`"'" ' `; �� 7W X, � • �.. '`{` ::�'� `,fit. :`,1 Page 2 of 2 HIUH I -Ur-WA Y Exhibit "A„ PLATOFF SL)RVEY 5 (D&j'@ for SOUTH BEND MAC, L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA LASALLE STREET (82.5' R/W} N69 00. " P.o.B.5 (N89'24'13'E) P.O.C.5A,5B,5C —� NE CORNER LO'f 14 C}IR]STINA FIALUS SUBD. NORTH LINE ;�5:''1� SOUTH BEND MAC N4D'03'O6"W T3;rrli�y APPRQXU,UITE EAST LINE PARCEL AND EXISTING 31.43'(C) v l;p,� OF SECTION t2 (CREATED R/W LASALLE STREET O a,'d:4, FROM PLATTED DIMENSIONS) JF�~EXISTING R/W SOUTH BEND MAC, LP. F-I :V DOC.1# 9750650 0 fgYo; EAST LINE PROPOSED RIW CHRISTINA HALL'S SUBDIVISION OF LOT NO. 15 rya% N89'27'57'Eo: ^ 5.00'(C) PROPOSED TEMPORARY RIW v1o' HATCH i _EGEND M5i N0o•32''(C) (p PERMANENT 589'2T57 WITrz o NO2'26'36W 6.30'(C) E'� 15.01'(C) 7`';'• N PARCEL 5C N86 BO (C)E o ® TEMPORARY 0.0160 ACWS o Q R/W P.O.Hi 5C a U Qm 56500'(C)w <11 O Y • l/�. coIn O• O c) � r ❑ O PARCEL 58 a N139'27'57"Eo` PARCEL 5 15.00'(C) ?. 0.A 5 ACRES* 0.=% ACFIESt SOUTH LINE i SOUIH BEND MAC 1400'32'03"W: PARCEL AND EXISTING 7.00'(C)' ''27 57/ R/W COLFAX AVENUE S69 13.0 '(C) PROPOSED P.O.B.50 P.; .- PROPOSED TEMPORARY RIW N ic0 ¢. SB9'27'STW TEMPORARY R/W No0'32'03'W�- '' 2.00'(C) 7s.D0•(c) Ir S53'26'18"W I'.O.B. 'yy`T Se9-27'57"W PARCEL 5A Q,60'(C) 5A ;n r 1D.00'(C) 0,0065 ACRESt 5.00'(C) So0.32'04"E SCALE 1" = 50' 7.95(C) ;' ��N44-52.54"E (09'24'06"E) I ND9'24'O6'E 7 02 (C) SB9.24'O6-w COLFAX AVENUE (82.5 R/W) 16.00•(C) 20.00'(C) I HEREDY CERTIFY TINT TO THE BEST OF MY INFORMATION, KNOWLEDGE AND DCLIEF 711E WfTHRi PLAT REPRESELfTs A SURVEY MADE UNDER MY �yipii'I41Vr►r B C TERRITORIAL I;NGINI;I;RING, COMPLLTEO OW _LI_3�L4—• CIASS SURVEY P \�\ ,Lye a�,- �§•,;r r LLC SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. \\ I , •^i rr WALKERTON 1NDIhfJA VAN 14- JANOVIC ROBERT S. PL h� GAS � '` L.S. SO411 L.S, 2020002 Q1�fvAlT WILES9 LEGEND__ ELIDOl�I Ci, ALED -D.R. DEED RECORD-DODK/PAGE O - WOOD STAKE F fOW10 O -IRON DOLT - ` 2Q200024 S SET COP .. EDGE OF PAVEMENT R - RECORDED R/W - RlGlit OF WAY r STAIT; /' P - PIATIED 011L - OVERHEAD UNES '� LI - MEASURED 8 - POWER POLE \` C - CALCULATED -X—X-- E%IS11NG FENCE i/��•'•)•� D I R•a, 1. �\\\ * - OIRELISION NOT TO SCALE P.O.B. POINT OF BEGINNING ���✓�r{�`'f �`(�`7 \\\\\\\ O 6:RON RRON �eSPIKE P' y UMENTPOINT OF COMNENCING 11111/J. / Ef RAIL DATE: JDB NO.: FILE., 5IcrI 1 jc) 4-5-05 04121 B SECTION 9xh;b1t-A'I SURVEYOR'S REPORT FOR SOUTH BEND MAC L.P.(PARCELS 5 & THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PR07ECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUM-ENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON THE SOUTH LINE OF LOTS 9-16 AS SHOWN ON THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE SOUTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE ESTABLISHED NORTH RIGHT-OF-WAY AT PLATTED DIMENSIONS SHOWN ON THE RECORDED PLAT OF SAMUEL L_ COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). ONCE ESTABLISHED, THE SOUTH RIGHT-OF-WAY WAS IN RELATIVE AGREEMENT WITH MONUMENTATION FOUND AT THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT 99750650. THE SOUTH RIGHT-OF-WAY OF COLFAX AVENUE, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND 1N RELATIVE AGREEMENT WITH LOT NO.I6 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236) AND THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED DOCUMENT #97937. SHEET 2 OFO / 0 THE NORTH RIGHT-OF-WAY OF COLFAX AVENUE, WEST OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE ESTABLISHED SOUTH RIGHT-OF-WAY AT PLATTED DIMENSIONS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF LASALLE STREET WEST OF EDDY STREET. THE SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF COLFAX AVENUE WEST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). TI-M DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8± NORTH/SOUTH AND 1.3'± EAST/WEST. POSSESSION NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET 3 OFi3'/o PROPOSED DESCRIPTION FOR SOUTH BEND MAC L.P. PARCEL 5 PERMANENT RIGHT -OF -WAX A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE- SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 10, AS SHOWN ON TIIE RECORDED PLAT OF CIIRISTINA I-IALL'S SUBDIVISION OF LOT No. 15 (PLAT BOOK 2, PAGE 66) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTIT 00°32'03" EAST (BASIS OF BEARINGS), A DISTANCE OF 409.19 FEET TO THE, SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. IN DOCUMENT #9750650, AS FOUND IN THE OFFICE OF THE SAINT JOSEPH COUNTY RECORDER; THENCE SOUTH 89024'06" WEST, A DISTANCE OF 20.00 FEET ON THE SOUTH LINE OIa TIIE SOUTH BEND MAC, L.P. PARCEL BEINGTHE SOUTH LINE OF LOT 14 IN CIIRISTINA IIALL'S SUBDIVISION; THENCE NORTH 44'52'54" EAST, A DISTANCE OF 7.02 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 231.00 FEET; THENCE NORTH 89027'57" EAST, A DISTANCE OF 6.80 FEET; THENCE NORTH 02026'36" WEST, A DISTANCE OF 15.01 FEET; THENCE SOUTH 89°27'57" WEST, A DISTANCE OF 6.30 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE- OF 134.00 FEET; THENCE NORTII 40°03'06" WEST, A DISTANCE OF 31.43 FEET TO TIIE NORTH LINE OF THE SOUTH BEND MAC PARCEL; THENCE NORTH 89°24' 13" EAST ON SAID NORTi-I LINE; A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.1445 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121B APRIL 5, 2005 SI-IEET: rO.F,k 1" / 0 RIGHT-OF-WAY PLAT OF SURVEY 5D for SOUTH BEND MAC, L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA McKINLEY AVENUE (40' R/W) (N89'34'41 "E) SOUTH BEND DENTAL CENTER SOUTH BEND MAC, LP. PARTNERSHIP LLC DOCA#9750650 DOC.# 02 45292 N89.34'41 " L 5.00'(C) N89'34'41 "E SOUTH LINE SOUTH BEND DENTAL CENTER PARCEL \ 3 M 0 SCALE 1 " = 20' o PROPOSED TEMPORARY R/W O SOUTH LINE SOUTH BEND MAC PARCEL AND NORTHERLY R/W LASALLE STREETxv Cj N00'32'03V 8.30'(C) 40 5 N89'27'57"E 2.2.00'(C)� ' O� P.O.B. 5F� (N89'24'13"E) 38.00'(C) 40.00'(C) L ASALLE STREET (82.5' R/W) I HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION. KNOWLEDGE AND OCLIFF THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON _>>-0-04 CLASS _�:_ SURVEY PER 865 1AC 25-21-5 SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. - VAN H. JANOVIC ROBERT S. ALOI L.S. SO411 L.S. 20200024 INNALID UNLESS 0 S SEALED i Y2Z 2004 SII£ XOF.z ' to APPROXIMATE EAST LINE OF SECTION 12 (CREATED FROM PLATTED DIMENSIONS) I I I .. L� E)USTNG R/W .-� EAST LINE LOT 16 & MAYR'S SUBDIVISIONO IjKLINGLE TO OUTLOT NO. 12 o O I HATCH LEGEND n W 4" ' ' PERMANENT Q �ss} R/W w 1^-- o TEMPORARY �W I R/W o W I I (17 \ PROPOSED R/W ! P.O.B. 5D P.O.C. 5F SE CORNER LOT 16 KLINGLE & MAYR'S SUBDIVISION C TERRITORIAL ENGINEERING, I LLC WALKERTON INOIANA )R. •+ DEED RECORD-BOOK/PAGE o WOOD STAKE F FOUND 0 - IRON BOLT S o SET EOP EDGE OF PAVEMENT R + RECORDED RIN RIGHT OF WAY P PUTTED OHL OVERHEAD LINES M MEASURCD * = POWER POLE C CALCUUTED -% X-E%ISTING FENCE fi DIMENSION NOT TO SCALE P.O.D. s POINT OF DEGINNIHG 0 SPIKE POINT OF COMMENCING P. O' . jLR ROAD I a O - IRON PIPE a NAIL DATE:FlLE: 11-22-04 04121A SECTIOi SURVEYOR'S REPORT FOR SOUTH BEND MAC, L.P. (PARCELS 5D & A THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION II4PROVEMENTS PROJECT No. I-IES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTI-I OF LASALLE STREET. TI-US LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON THE SOUTH LINE OF LOTS 9-16 AS SHOWN ON THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF OUT LOT 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 15, PAGE 12). THE NORTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE SOUTH LINE OF THE SOUTH BEND DENTAL CENTER PARCEL AT RECORDED DISTANCES. THE SOUTH LINE OF THE SOUTH BEND MAC, L.P. PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF LASALLE STREET WEST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELEVENARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAW NGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS' THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'f NORTH/SOUTH AND 1.3'-± EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET/T OF i 6 /a PROPOSED DESCRIPTION FOR SOUTH BEND MAC, L.P. (PARCEL 5D PERMANENT RIGHT -OF -WAX A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: 1. BEGINNING AT THE SOUTHEAST CORNER OF LOT 16, AS SHOWN ON THE RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUTLOT No. 12 (PLAT BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 89°24'13"WEST (BASIS OF BEARINGS), A DISTANCE OF 40.00 FEET ON THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. IN DOCUMENT # 9750650, AS FOUND IN THE OFFICE OF THE SAINT JOSEPH COUNTY RECORDER BEING THE SOUTH LINE OF LOT 16 IN KLINGLE & MAYR'S SUBDIVISION; THENCE NORTH 40027'40" EAST, A DISTANCE OF 22.87 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 87.68 FEET TO THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO THE SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC IN DOCUMENT # 0245292; THENCE NORTII 89°34'41" EAST ON SAID SOUTH LINE, A DISTANCE OF 25.00 FEET TO THE EAST LINE OF THE KLINGLE & MAYR'S SUBDIVISION; THENCE SOUTH 00032'03" EAST ON SAID EAST LINE, A DISTANCE OF 104.85 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0632 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121A NOVEMBER 22, 2004 SIIEETX0F k 7 !o RIGHT—OF—WAY PLAT OF SURVEY 5� for SOUTH BEND MAC„ L.P. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA McKINLEY AVENUE (40' R/W) N89'39'41 "E (N89-34'41-E) 5.00'(C) HA9'34'A 1"E NORTH LINE / NOD'32'03' SOUTH BEND MAC-// 40.00'(C) PARCEL AND EXIS11N0 SOUTH It/W SOUTH BEND MAC, LP. MCK1N1 EY AVENUE DOCA9750650 k PARCEL 5G 0.0046 ACRES± PROPOSED ,� ., TEMPORARY R/WFIR 25. l-, NORTH NE SOUTH eENn DENTAL CENTER 589'34'41"W PARCEL 5.00'(C) 5G +rj SOUTH BEND DENTAL CENTER PARTNERSHIP LLC DOC.# 0245292 SCALE I" = 20' I HEREBY CERTIFY TIIAT 10 THE OEST OF MY INFORMATION, KNOWLEOGE AND DFUEF THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON ^I I-j-DA CLASS _C-- SURVEY PER 865 IAC 25-21.5 SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. VAN H. JANOVIC ROBERT S. ALOI L.S. SO411 LS. 20200024 INVALID UNLESS EMBOSS SEALED e2 2004 SHEET/ OF 70 EAST u Y.O.B. 5E P.O.C. 5G NE CORNER LOT 16 KLINGLE & MAYR'S R/W SUBDIVISION I—EX07NG R/W 0 I u, o O � �1 m I APPROXIMATE EAST w co LINE OF SECTION 12 N (CREATED FROM p PLATTED DIMENSIONS) n 0 Q o O m W Q cn LLJ CL k I NE LOT 16 UNGLE & MAYR'S SU13DMSION HATCH LEGEND TO OUTLOT NO. 12 PERMANENT R/W ®TEMPORARY R/W C TERRITORIAI. ENGINEERING, r- LLC WALKERTON INDIANA ).R. — DEED RECORD—BDOX/PAGE ❑ e WOOD STAKE m FOUND 0 -IRON BOLT S SET EDP EDGE OF PAVEMENT p .. RECORDED R/W -- RIGHT OF WAY P .. PLATTED OHL OVCRHEAD LINES M ME,ASURFD A + POWER POLE C — CALCULATED —X—X-- EXISTING FENCE .k DibIENSOH NOT TO SCALE P.O.B. POINT OF BEGINNING 0 RAILROAD SPIKE P.O.C. POINT OF COMMENCING • — IRON ROD MONUMENT 0 = ]RON PIPE H NAIL DATE JOB NO.: FILE: 11-22-04 04121A SECTION SURVEYOR'S REPORT FOR SOUTH BEND MAC, L.P. (PARCELS _5E & (i THE PURPOSE OF TI•IIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROJECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT 98729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 690, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.l6 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE SOUTH RIGHT-OF-WAY OF MCKINLEY AVENUE, WEST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE NORTHWEST CORNER OF LOT 12 AND THE NORTHWEST CORNER OF LOT 14 OF THE RECORDED PLAT OF KLINGEL & MAYR'S SUBDIVISION OF LOT NO, 12 OF SAMUEL L. COTTRELL'S FIRST ADDITION (PLAT BOOK 4, PAGE 12). THE NORTH LINE OF THE SOUTH BEND MAC PARCEL WAS ESTABLISHED AS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF MCKINLEY AVENUE WEST OF EDDY STREET. THE NORTH LINE OF THE SOUTH BEND DENTAL PARCEL WAS ESTABLISHED AT RECORDED DISTANCE FROM THE EXISTING SOUTH RIGHT -OF -WA it OF MCKINLEY AVENUE. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NON-5 MONUMENTATION - THE EAST LINE OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND RECORDED DIMENSIONS BY AS MUCH AS 1.8'± NORTH/SOUTI-I AND 1.3'± EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SI-MET ZOF x 9 /o PROPOSED DESCRIPTION FOR SOUTH BEND MAC, L.P. (PARCEL 5E) PERMANENT RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPII COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 16, AS SHOWN ON THE RECORDED PLAT OF KLINGLE & MAYR'S SUBDIVISION OF OUT LOT No. 12 (PLAT BOOK 4, PAGE 12) OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA; THENCE SOUTH 00032'03"EAST (BASIS OF BEARINGS) ON THE EAST LINE OF KLINGLE & MAYR'S SUBDIVISION TO OUTLOT NO. 12, A DISTANCE OF 40.00 FEET TO THE NORTH LINE OF A PARCEL OF LAND CONVEYED TO THE SOUTH BEND DENTAL CENTER PARTNERSHIP, LLC IN DOCUMENT 40245292 AS FOUND IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 89034'41' WEST ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET; THENCE NORTH 00°32'03" WEST, A DISTANCE OF 40.00 FEET TO THE NORTH LINE OF A PARCEL OF LAND CONVEYED TO SOUTH BEND MAC, L.P. DOCUMENT #9750650 AS FOUND IN TIIE OFFICE OF THE ST. JOSEPH COUNTY RECORDER; THENCE NORTH 89°34'41" EAST ON SAID NORTH LINE, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0230 ACRES MORE OR LESS. TERRITORIAL ENGIN-E-BRING, i Lc WALKERTON, INDIANA 04-121A NOV-EMBER 22, 2004 SHEETXOF ,Y /0 /0