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Home My WebLink About#3224- Deed; PARKING EASEMENT AGREEMENT L#ot No. 8 as shown on the Recorded Plat of St. Joseph County Agriculture Society's Addition to the City of South Bend, Recorded December 16, 1871 in Plat Book 3, Page 13SZ4 12w2oo7 Parking Easement Agreement 18-1057-2414 LOT NO. 8 SUB: St. Joseph County Agricuulture Society's Addition St. Paul Bethel Missionary Baptist Church, Inc. 719 Portage Avenue Description: Lot No. 8 as shown on the Recorded Plat of St. Joseph County Agriculture Society's Addition to the City of South Bend, Recorded December 16, 1871 in Plat Book 3, Page I �A,%O �X� \o "3 zz �l P� d CD-74-7 as 6; �o RECORDED AS PRESENTED ON 12/07/2007 03:14:23PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: 521.00 PAGES: 6 PARKING EASEMENT AGREEMENT THIS INDENTURE WITNESSETH, THAT St. Paul Bethel Missionary Baptist Church, Inc., an Indiana nonprofit corporation a/k/a St. Paul Baptist Church (the "Grantor"), of St. Joseph County, in the State of Indiana, CONVEYS A LIMITED PARKING EASEMENT TO THE CITY OF SOUTH BEND, INDIANA located at 227 W. Jefferson BIvd, Suite 1316, South Bend, Indiana (the "Grantee") 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 (the "Real Estate") in St. Joseph County, Indiana, to -wit: Exhibit A attached hereto and made a part hereof Grantor shall continue to have the exclusive right to utilize the Real Estate for parking by its employees, guests and invitees during the hours of 8:30 a.m. and 1:30 pm. on Sundays. At all other times, Grantor and Grantee shall each of the ability to utilize the parking lot for parking by its employees, guests and invitees on a first come, first serve basis unless either the Grantee or the Grantor provide written notice to the other of a special event requiring the use of the parking lot at least three (3) days in advance but in no event more than one (1) year in advance. No one special event may conflict with the Grantor's exclusive hours and may not be more than three (3) consecutive days. This easement includes the right by the Grantee to make landscaping and parking lot improvements to the Real Estate. Any improvements to the Real Estate by the Grantee shall become property of the Grantor. Either party, at their sole expense, may cause to be towed from the Real Estate any vehicle parked overnight or during a time reserved by that party. Grantor shall be responsible for the day to day security and maintenance of the parking lot, except that each party shall be responsible for providing snow removal services for their respective employees, guests and invitees. The Grantor represents and warrants that the real estate is currently exempt from property taxes. Grantor shall be responsible for and shall indemnify, defend, and save harmless the Grantee from all claims, suits, actions, damages and costs arising out of any and all damages to life or property due to the use of the Real Estate. Grantor shall be responsible for insuring the Real Estate and the improvements thereon, including providing public liability coverage, and shall list the Grantee as an additional insured during the term of this parking easement. All insurance proceeds shall first be used to repair any loss or damage to the Real Estate. The undersigned person, on behalf of the Grantor, being duly sworn, says that the Grantor is the sole owner of the above-descri bed property, and said Grantor further represents that there are no leases or options of any kind or character on said lands as conveyed. The Grantee owns the property located at 701 Portage Avenue, South Bend, Indiana 46616 as more particularly described at Exhibit B (the "Civic Building"), and this parking easement is being provided primarily for the benefit and use Civic Building and its owners and tenants. This parking easement shall be effective upon recording and indemnification provisions herein shall survive the termination of any easement granted hereunder. The parking easement shall run with the land and bind and benefit the parties' respective heirs, legal representatives, successors and assigns. This parking easement shall terminate on December 31, 2015. The undersigned person(s) executing this Parking Easement on behalf of the Grantor represent and certify that he/she (they) is (are) the duly authorized current officer(s) of said corporation and have been fully empowered by resolution of the corporation or by a proper meeting and vote of Grantor's board of directors to execute and deliver this easement and all other such instruments of transfer in accordance with the bylaws and Articles of Incorporation; that the Grantor is an Indiana nonprofit corporation in good standing in the State of its origin and, where required, in the State where the subject real estate is situated; that Grantor has full capacity to convey the real estate described; and that all necessary action necessary to complete this transaction on their behalf has been duly taken. (remainder of page intentionally left blank) Parking Easement St Paul Baptist Church 2 IN WITNESS, the parties hereto execute this Parking Easement as of the _ �� , _ day of 0 c o I,,- r .2007. ST. PAUL BETHEL MISSIONARY BAPTIST CHURCH, INC. An Indiana nonprofit corporation By: Printed: x 7F D 1 9Z9 Its: `r-t uS State of Indiana, County of St. Joseph ss: By: Printed: Its: 5� Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named %Rx �,-D.�ol-zg„,5, and L- j,)k-6, , the and -T rr t� c, , respectively, of St. Paul Bethel Missionary Baptist Church, Inc., who acknowledged the acceptance of the foregoing Parking Easement on behalf of the Board. WITNESS, my hand and Seal this k-Tk day of Oc7�vb-- r- , 2007. My Commission Expires: �� ,b� y )Cog %a f-,f,n /r] , z a-/-- Printed Name of Notary Public Notary Public County and State of Residence Signature of Notary Pu ' is ACKNOWLEDGED AND ACCEPTED BY CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS By: Gary A. Gilot Its: President City of South Bend, Indiana Board of Public Works State of Indiana, County of St. Joseph ss: APPROVED Board of Public Works ATTEST Its: Clerk City of South Bend, Indiana Board of Public Works Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Gary A. Gilot and Linda M. Martin, the President and Clerk, respectively, of the City of South Bend, Indiana Board of Public Works, who acknowledged the'. acceptance of the foregoing Parking �Easement on. behalf of the Board. WITNESS, my hand and Seal this ay of , 2007. My Commission Q< Expires: Q I l ignature of Notary Public Printed Name of Notary Public st--70sett, rwitIC'r � Notary Public County and State of Residence This instrument was prepared Shawn E. Peterson, Attorney -at -Law by: 227 W. Jefferson Boulevard, Ste. 1400, South Bend, IN 46601 1 affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. [Name] NOTE: The individual's name in affirmation statement may be typed, hand written or a signature. Parking Easement St Paul Baptist Church EXHIBIT A Legal Description of Parking Lot The real estate Iocated in the County of St. Joseph, State of Indiana described as follows: Lot Numbered Eight (8) as shown on the recorded Plat of St. Joseph County Agriculture Society's Addition to the City of South Bend, recorded December 16, 1871 in Plat Book 3, page 1 in the Office of the Recorder of St. Joseph County, Indiana. Common Address: 719 Portage Avenue, South Bend, Indiana, 46616 Tax Identification No. 18-1057-2414. Parking Easement St Paul Baptist Church EXHIBIT B LeQa! Description of Parking_Lot The real estate located in the County of St. Joseph, State of Indiana described as follows: Lots Numbered One (1), Two (2) and Three (3) as shown on the recorded Plat of St_ Joseph County Agricultural Society's Addition recorded December 16, 1871 in Plat Book 3, page 1 in the Office of the Recorder of St. Joseph County, Indiana. Common Address: 701 Portage Avenue, South Bend, Indiana, 46616 Tax Identification No. 18-1057-2411. Parking Easement St Paul Baptist Church