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HomeMy WebLinkAbout6. C(1) Resolution No. 2580~ ~ c t) ~gg~ i'SOt7f{ U 7 ~~ ~ ~~; Community & Economic Development ~~r~~"~ ;yZi } .,~~ • 1N65.., ~:: 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235-9021 To: Redevelopment Commissioners From: Bill Schalliol, Economic Development Planner Subject: Resolution No. 2580 Date: May 01, 2009 Attached to this memorandum is Resolution No. 2580, which is a Declaratory Resolution to amend the Development Plan for the West Washington-Chapin Development Area. On March 20, 2009, the Commission approved Staff to begin the process to add Hansel Center, 1045 W Washington St, to the acquisition list of this Development Area. This Declaratory Resolution begins the process to amend the Development Plan to allow for the acquisition of the Hansel Center for the proposed reuse of the building as the Notre Dame Center for Art and Culture. Staff believes it would be of public utility and benefit to amend the Development Plan by adding this property to the acquisition list and allowing this acquisition. Staff requests Commission approval of Resolution No. 2580. Staff also requests Commission's approval to advertise on May 29t" for the Public Hearing for the Confirming Resolution proposed for hearing at the regular Commission meeting on June 19t". Advertising would be subject to approval of a Resolution by the Area Plan Commission on May 19t", and the Common Council on May 26t" Whaf We Do Today Makes A Difference! Hansel Center 1045 W Washington St RESOLUTION NO. 2580 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the City of South Bend Department of Redevelopment (the "Department"), on October 23, 1987, adopted ResolutionNo. 818 declaring the West Washington-Chapin Development Area (the "Area") in the City of South Bend, Indiana (the "City") to be an area needing redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which is codified at Indiana Code 36-7-14-1 et seq. (the "Act"); and WHEREAS, Resolution No. 818 and the West Washington-Chapin Development Area Development Plan (the "Development Plan") adopted by Resolution No. 818 on October 23, 1987 were confirmed by ResolutionNo. 824 adopted on December 11, 1987; and WHEREAS, Resolution No. 818 was amended by Resolution No. 908, adopted on February 23, 1990, which expanded the West Washington-Chapin Development Area by adding Expansion Area No. 1; and WHEREAS, ResolutionNo. 818 was further amended by Resolution No. 1669 adopted on February 19, 1999, which expanded the West Washington-Chapin Development Area by adding Expansion Area No. 2; and WHEREAS, Resolution No. 818 was further amended by Resolution No. 2000 adopted on October 3, 2003, which reduced the West Washington-Chapin Development Area by removing Reduction Area No. 1; and WHEREAS, Resolution No. 818 was further amended by Resolutions No. 2348 and 2351 adopted on June 19, 2007 and July 20, 2007 respectively, expanding the Airport Economic Development Area to include the area commonly referred to as the MaryCrest/Hurwich Area and therefore effectively amending Resolution No. 818 to remove said area from the West Washington- Chapin Development Area, which removed area shall be referred to here in as Reduction Area No. 2; and WHEREAS, Resolution No. 818 was further amended by Resolution No. 2383 adopted on November 2, 2007, which reduced the West Washington-Chapin Development Area by removing Reduction Area No. 3; and WHEREAS, the Development Plan for the West Washington-Chapin Development Area as adopted by ResolutionNo. 818 includes a list of parcels of property to be acquired within the West Washington-Chapin Development Area in order to accomplish the Development Plan; and WHEREAS, the Development Plan as adopted by Resolution No. 818 was amended by Resolution No. 990 adopted on May 10, 1991, and was further amended by Resolution No. 1243 adopted on May 6, 1994, and was further amended by Resolution No. 1399 adopted on January 2, 1996, and was further amended by Resolution No. 1436 on July 3, 1996 and said Resolution Nos. 990, 1243, 1399 and 1436 modified the list of parcels to be acquired by adding parcels to the list; and WHEREAS, the Commission now desires to further modify the list of parcels of properly to be acquired by adding a parcel of property to the list, such parcel being commonly referred to as the Hansel Center (the "Hansel Center"); and WHEREAS, the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the Hansel Center; and WHEREAS, on March 20, 2009, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the West Washington-Chapin Development Area within the City; and WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the West Washington-Chapin Development Area and the Development Plan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan amendment which shall include the acquisition of the Hansel Center; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the West Washington-Chapin Development Area showing the boundaries of the West Washington- Chapin Development Area which boundaries were previously adopted by the Commission (Exhibit B) and which shall remain unchanged by the Plan Amendment; and WHEREAS, the Plan Amendment conforms to other development and redevelopment plans for the City. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached 2 hereto and incorporated herein, such parcel being commonly referred to as the Hansel Center. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; c) improved diversity of the economic base; and d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition and redevelopment of the property being added to the acquisition list is $370,000.00. 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the West Washington-Chapin Development Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission (Exhibit B). 7. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit the Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed, or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution $18, as amended heretofore, shall remain as stated therein. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on May 1, 2009, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Printed Name and Title South Bend Redevelopment Commission 4 EXHIBIT A RESOLUTION NO. 2580 AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST PARCEL ID OWNER OF RECORD ADDRESS 18-1041-1803 South Bend Heritage Foundation 1045 W Washington St Properties LLC South Bend, Indiana such parcel being commonly referred to as the Hansel Center. EXHIBIT B RESOLUTION N0.2580 West Washington-Chapin Development Area Legal Description EXHIBIT A The Airport Economic Development Area shall, after the consolidation with the Sample-Ewing Development Area and the addition of the Marycrest/Hurwich Area and the La Salle Square Area, consist of the following described area: A PART OF SECTIONS 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32 AND 33 IN TOWNSHIP 38 NORTH, RANGE 2 EAST, AND SECTIONS 3, 4, 9, 10 AND 11 IN TOWNSHIP 37 NORTH, RANGE 2 EAST, IN GERMAN AND PORTAGE TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE INTERSECTION OF THE NORTHERN RIGHT-OF-WAY LINE OF LINCOLN WAY WEST AND THE EASTERLY RIGHT-OF-WAY LINE OF BENDIX DRIVE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 233 IN LINCOLN TERRACE ADDITION RECORDED IN PLAT BOOK 13, PAGES 82-83 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTHEASTERLY ALONG NORTH RIGHT OF WAY LINE OF LINCOLN WAY WEST, A DISTANCE OF 572.5 FEET TO THE SOUTHEAST CORNER OF LOT 215 IN SAID LINCOLN TERRACE ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 125.5 FEET (ASSUMED) TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ARMORE TRAIL PROJECTED EASTERLY 31.5 FEET (ASSUMED) FROM THE NORTHEAST CORNER OF LOT 1 OF LINCOLN MANOR 2ND ADDITION AS RECORDED IN PLAT BOOK 11, PAGE 143 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 69 DEGREES 30 MINUTES WEST PARALLEL WITH THE CENTERLINE OF SAID ARDMORE TRAIL (PREVIOUSLY CRUMSTOWN AVENUE), A DISTANCE OF 381.5 (ASSUMED) TO THE NORTHWEST CORNER OF LOT 8 IN SAID LINCOLN MANOR 2ND ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER AND THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 1958.36 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WESTMORE STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF WESTMORE STREET, A DISTANCE OF 9 FEET TO THE NORTHEAST CORNER OF LOT 9 IN LINCOLN MANOR 3RD ADDITION AS RECORDED IN PLAT BOOK 12, PAGES 86-87 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 332.7 FEET TO THE SOUTHWEST CORNER OF LOT 17 IN SAID LINCOLN MANOR 3RD ADDITION; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 42 FEET TO THE SOUTHWEST CORNER OF LOT l8 IN SAID LINCOLN MANOR 3RD ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 214 FEET TO THE SOUTHWEST CORNER OF LOT 31 IN SAID LINCOLN MANOR 3RD ADDITION; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTI-IWEST QUARTER, A DISTANCE OF 84 FEET TO THE SOUTHWEST CORNER OF LOT 29 IN SAID LINCOLN MANOR 3RD ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 168 FEET TO THE SOUTHWEST CORNER OF LOT 44 IN SAID LINCOLN MANOR 3RD ADDITION; BDDBOI 4805RR4v2 - $ - THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 279.29 FEET TO THE EAST RIGHT-OF-WAY LINE OF GOODLAND AVENUE; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF GOODLAND AVENUE, A DISTANCE OF 19.05 FEET; THENCE THENCE SOUTH 89 DEGREES 46 MINUTES 27 SECONDS EAST, A DISTANCE OF 239.50 FEET; THENCE SOUTH 0 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 176.78 FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 43 SECONDS EAST, A DISTANCE OF 227.04 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ECLIPSE STREET; THENCE ALONG ANON-TANGENT CURVE TO THE LEFT HAVING A RADNS OF 957.29 FEET AND A CENTRAL ANGLE OF 3 DEGREES 26 MINUTES 41 SECONDS AND LIMITED IN LENGTH BY A CHORD WHICH BEARS SOUTH 17 DEGREES 02 MINUTES 58 SECONDS EAST, A DISTANCE OF 57.54 FEET; THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE OF ECLII'SE STREET, A DISTANCE OF 127.60 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BENDIX DRIVE; THENCE EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE EASTERLY RIGHT OF WAY LINE OF MEADE STREET; THENCE SOUTH 978 FEET TO THE SOUTHWEST CORNER OF LOT 40 AS SHOWN ON THE RECORDED PLAT OF WEST END SUBDIVISION, WITHIN AND PART OF THE CITY OF SOUTH BEND, RECORDED ON AUGUST 20, 1901 IN PLAT BOOK 8, PAGE 46; THENCE EAST ALONG THE NORTHERLY RIGHT OF WAY OF LAWTON STREET A DISTANCE OF 476 FEET TO THE SOUTHEAST CORNER OF LOT 40 IN SAID SUBDIVISION; THENCE SOUTH 194 FEET TO THE NORTHEAST CORNER OF LOT 30 IN SAID SUBDIVISION; THENCE WEST 222 FEET TO THE NORTHEAST CORNER OF LOT 57 IN SAID SUBDIVISION; THENCE SOUTH 120 FEET ALONG THE EAST LINE OF SAID LOT 57; THENCE WEST 40 FEET ALONG THE SOUTH LINE OF SAID LOT 57; THENCE NORTH 120 FEET ALONG THE WEST LINE OF SAID LOT 57; THENCE WEST 134 FEET TO THE NORTHEAST CORNER OF LOT 53 IN SAID SUBDIVISION; THENCE SOUTH 120 FEET ALONG THE EAST LINE OF LOT 53 IN SAID SUBDIVISION; .THENCE WEST 80 FEET TO THE SOUTHWEST CORNER OF LOT 52 IN SAID SUBDIVISION; THENCE SOUTH ALONG SAID EASTERLY RIGHT OF WAY LINE OF SAID MEADE STREET, A DISTANCE OF 103.3 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF CONSOLIDATED RAILROAD FORMERLY PENN CENTRAL RAILROAD; THENCE SOUTHEASTERLY ALONG A NORTHEAST LINE BETWEEN THE POINT OF COMMENCING AND THE POINT OF BEGINNING FOR A PARCEL DESCRIBED AS "NICTD-1" IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 9012083 IN THE OFFICE OF SAID RECORDER; THENCE SOUTHEASTERLY ALONG SAID LINE, A DISTANCE OF 814 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF WASHINGTON STREET AND OLIVE STREET; THENCE SOUTHEASTERLY, A DISTANCE OF 58 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 114 IN OAK GROVE 1ST ADDITION AS RECORDED IN PLAT BOOK 7, PAGE 4 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE EAST PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10 ALONG THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET, A DISTANCE OF 313.9 FEET TO THE SOUTHWEST CORNER OF LOT 88 IN ARNOLD'S 2Nv ADDITION AS RECORDED IN PLAT BOOK 6, PAGE 63 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING WEST PARALLEL TO SAID NORTH LINE OF SAID NORTHEAST QUARTER ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 297 FEET TO THE SOUTHWEST CORNER OF LOT 53 IN SAID OAK GROVE 1ST ADDITION; THENCE CONTINUING BDDBOI 4805884x2 - 6 - WEST ALONG SAID NORTH LINE AND SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 568.30 FEET TO THE SOUTHWEST CORNER OF LOT 48 IN COLLEGE GROVE AS RECORDED IN PLAT BOOK 2, PAGE 11 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING WEST ALONG SAID NORTH LINE AND SAID NORTH RIGHT-OF-WAY LINE AND THE NORTH RIGHT- OF-WAY LINE OF LISTON STREET, A DISTANCE OF 1151.85 FEET (ASSUMED) TO A POINT ON THE SOUTH LINE OF LOT 39, BEING 66 NORTH OF A PROJECTED WEST LINE OF A PARCEL DESCRIBED IN A QUIT CLAIM DEED AS RECORDED UNDER INSTRUMENT NUMBER 9544366 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH ALONG SAID PROJECTED WEST LINE, A DISTANCE OF 66 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE SOUTHEASTERLY AND EAST RIGHT-OF-WAY LINE OF WASHINGTON STREET TO THE SOUTHWEST CORNER OF LOT 4 IN THE PLAT OF ALFRED BROTHER'S LAND (UNRECORDED) AS DESCRIBED IN PARCEL III IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 0261005 IN THE OFFICE OF SAID RECORDER; THENCE EASTERLY ALONG THE NORTH LINE OF WASHINGTON STREET AND THE SOUTH LINE OF SAID PARCEL III AND PARCEL II IN SAID INSTRUMENT NUMBER 0261005 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 200 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE CONTINUING EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 147 FEET TO THE PROJECTED NORTH-SOUTH CENTERLINE OF A 14 FOOT WIDE ALLEY, PERPENDICULAR BY MEASURE, LYING BETWEEN LOTS 4 AND 5 IN HARLIN'S SUBDIVISION OF BANK OUTLOT 82 AS RECORDED IN PLAT BOOK 8, PAGE 161 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH PARALLEL WITH SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10 ALONG SAID PROJECTED NORTH-SOUTH CENTERLINE, A DISTANCE OF 197.5 FEET TO A POINT LYING 7 FEET WEST OF THE SOUTHWEST CORNER OF SAID LOT 4; THENCE EAST PARALLEL WITH THE SOUTH RIGHT- OF-WAY LINE OF SAID WASHINGTON STREET, A DISTANCE OF 7 FEET TO SAID SOUTHWEST CORNER OF SAID LOT 4; THENCE SOUTH PARALLEL WITH SAID EAST LINE, A DISTANCE OF 262 FEET TO THE SOUTHWEST CORNER OF LOT 15 IS SAID HARLIN'S SUBDIVISION OF BANK OUTLOT 82; THENCE EAST PARALLEL WITH THE SOUTH RIGHT-OF- WAY LINE OF SAID WASHINGTON STREET, A DISTANCE OF 115 FEET TO THE SOUTHEAST CORNER OF SAID LOT 15; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 66 FEET ALONG THE EAST LINE OF PARCEL II DESCRIBED IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 9208193 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO (2) COURSES ALONG AN EAST AND NORTH LINE OF SAID PARCEL II: (1) EAST PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID WASHINGTON STREET ALONG THE SOUTH RIGHT- OF-WAY LINE OF JEFFERSON BOULEVARD, A DISTANCE OF 14.5 FEET; (2) THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 212 FEET; THENCE EAST ALONG THE SOUTH LINE OF A 14 FOOT ALLEY, NORTH SOUTH BY MEASURE, PARALLEL WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 152 FEET TO THE NORTHEAST CORNER OF LOT 29 IN KIRBY'S SUBDIVISION OF PART OF BANK OUTLOT 83; THENCE SOUTH PARALLEL WITH THE EAST LINE SAID NORTHEAST QUARTER, A DISTANCE OF 484 FEET (ASSUMED) TO THE NORTHEAST RIGHT- OF-WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE SOUTHEASTERLY ALONG THE BDDBOI 4805884x2 - 7 - NORTHEAST RIGHT-OF-WAY LINE OF PENN CENTRAL RAILROAD (FORMERLY THE LAKE SHORE & MICHIGAN SOUTHERN RAILROAD AND THE NEW YORK CENTRAL RAILROAD COMPANY), ALSO BEING ALONG THE SOUTHWEST BOUNDARY OF SAID KIRBY'S SUBDIVISION OF PART OF BANK OUTLOT 83, KNOBLOCK SUBDIVISION OF PART OF BANK OUTLOT 84 AS RECORDED IN PLAT BOOK 2, PAGE 63, COMMISSIONER'S SUBDIVISION OF PART OF BANK OUTLOT 85 AND 86 AS RECORDED IN PLAT BOOK 3, PAGE 40, ALL RECORDED IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1005 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF PARCEL II AS DESCRIBED IN A CORPORATE WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0507883; THENCE SOUTHWESTERLY ALONG SAID NORTHEAST RIGHT-OF-WAY LINE OF SAID RAILROAD AND THE SOUTHWEST LINE OF SAID PARCEL II AND III AS DESCRIBED IN SAID INSTRUMENT NUMBER 0507883, A DISTANCE OF 327.95 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL III, SAID CORNER BEING ON THE WEST RIGHT-OF-WAY LINE OF ARNOLD STREET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 11, A DISTANCE OF 105 FEET (ASSUMED) TO THE SOUTHWEST RIGHT-OF- LINE OF SAID RAILROAD; THENCE NORTHWESTERLY ALONG SAID SOUTHWEST RIGHT-OF- WAY LINE OF SAID RAILROAD AND THE NORTHWEST BOUNDARY OF KLINGEL & MAYR'S SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 12 THE OFFICE OF SAID RECORDER, A DISTANCE OF 1670 FEET (ASSUMED) TO A PROJECTED WEST LINE OF LOT 25 IN SAID KLINGEL & MAYR'S SUBDIVISION AND THE EAST RIGHT-OF-WAY LINE OF SCHOLUM STREET; THENCE SOUTH PARALLEL WITH WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 11 AND ALONG SAID EAST RIGHT-OF-WAY LINE OF SCHOLUM STREET, A DISTANCE OF 270 FEET (ASSUMED) THE NORTH RIGHT-OF-WAY LINE OF WESTERN AVENUE; THENCE NORTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 130 FEET (ASSUMED) TO THE SOUTHEAST CORNER OF LOT 1 IN GOODWILL COMMUNITYWIDE MINOR SUBDIVISION RECORDED UNDER INSTRUMENT NUMBER 9715906 IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, ALSO BEING ALONG THE SOUTH BOUNDARY OF SAID GOODWILL COMMUNITYWIDE MINOR SUBDIVISION, GOODWILL INDUSTRIES MINOR SUBDIVISION RECORDED UNDER INSTRUMENT NUMBER 9528065, J. HAMMES MINOR SUBDIVISION FIRST REPEAT AS RECORDED UNDER INSTRUMENT NUMBER 9962116, AND J. HAMMES MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 9618392, ALL RECORDED IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1755.00 FEET TO THE SOUTHEAST CORNER OF A PARCEL AS DESCRIBED IN A WARRANTY DEED RECORDED UNDER INSTRUMENT NU-MBER 0369815 IN THE OFFICE OF SAID RECORDER; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND PARALLEL TO SOUTH SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 857.66 FEET TO THE SOUTHWEST CORNER OF A PARCEL AS DESCRIBED IN A WARRANTY DEED RECORDED UNDER INSTRUMENT NU-MBER 7927776 IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING THE NORTHEAST CORNER OF OLIVE STREET AND WESTERN AVENUE; THENCE SOUTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF WESTERN AVENUE, A DISTANCE OF 67 FEET BDDB01 4805884v2 - 8 (ASSUMED) TO THE SOUTHEAST CORNER OF A PARCEL DESCRIBED IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 0545201 IN THE OFFICE OF SAID RECORDER; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF WESTERN AVENUE PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, A DISTANCE OF 490.6 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL AND 14 FOOT WIDE ALLEY, PERPENDICULAR BY MEASURE, WITHIN THE SUMMIT PLACE 3RD ADDITION AS RECORDED IN PLAT BOOK 8, PAGE 162-163 IN THE OFFICE OF SAID RECORDER; THENCE NORTH ALONG THE EAST LINE OF SAID ALLEY PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, A DISTANCE OF 1798.34 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 9920117 IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING ON THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID PENN CENTRAL RAILROAD; THENCE NORTHWESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 350 FEET (ASSUMED) TO A PROJECTED NORTH LINE FROM THE SOUTHWEST CORNER OF LOT 685 IN SAID SUMMIT PLACE 3RD ADDITION BEING PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH ALONG SAID PROJECTED NORTH LINE, A DISTANCE OF 70 FEET (ASSUMED) TO THE SOUTHEAST CORNER OF LOT 686 IN SUMMIT PLACE 3RD ADDITION AS RECORDED IN PLAT BOOK 8, PAGES 162-163 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 60 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COLFAX AVENUE AND THE NORTHEAST CORNER OF LOT 694 IN SAID SUMMIT PLACE 3RD ADDITTION; THENCE WEST ALONG SAID SOUTH RIGHT-OF- WAY LINE AND THE SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE, A DISTANCE OF 544.9 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 10, ALSO BEING THE NORTHEAST CORNER OF A PARCEL AS DESCRIBED IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 0031212 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE, A DISTANCE OF 366.71 TO THE NORTHWEST CORNER SAID PARCEL; THENCE SOUTH 20 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED 1N DEED RECORD BOOK 589, PAGE 70 IN THE OFFICE OF SAID RECORDER; THENCE NORTHWESTERLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN DEED RECORD BOOK 589, PAGE 71 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING NORTHWESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE CONTINUING NORTHWESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE TO THE NORTHWEST CORNER OF LOT Q BLOCK 1081 IN THE REPEAT OF LASALLE PARK 2ND PLAT AS RECORDED IN PLAT BOOK 17, PAGE L-1; THENCE WEST PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 9 ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF LINDEN ROAD, A DISTANCE OF 1125 FEET TO THE NORTHWEST CORNER OF LOT E BLOCK 1021 IN SAID REPEAT OF LASALLE PARK 2ND PLAT; THENCE CONTINUING WEST PARALLEL WITH SAID NORTH LINE ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 339 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER, ALSO BEING THE CENTERLINE OF A 14 FOOT WIDE ALLEY, BDDBOI 4805A84v2 - 9 PERPENDICULAR BY MEASURE, BEING 7 FEET WEST OF THE NORTHWEST CORNER OF LOT 1001 IN LASALLE PARK 2ND ADDITION RECORDED IN PLAT BOOK 8, PAGE 30-31 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE CONTINUING WEST PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 1097 FEET TO THE CENTERLINE OF GLADSTONE AVENUE BEING 25 FEET WEST OF THE NORTHWEST CORNER OF LOT 185 IN GARDEN VILLAGE 1ST UNIT RECORDED IN PLAT BOOK 17, PAGE G-4, IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING WEST PARALLEL WITH SAID NORTH LINE ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 225 FEET (ASSUMED) TO THE WEST LINE OF THE EAST HALF OF SAID NORTHWEST QUARTER, ALSO BEING ALONG THE NORTH LINE OF LOT 370 IN GARDEN VILLAGE 3RD UNIT AS RECORDED IN PLAT BOOK 17, PAGE G-1 IN THE OFFICE OF SAID RECORDER; THENCE NORTH ALONG SAID WEST LINE OF THE EAST HALF OF SAID NORTHWEST QUARTER AND THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 70 FEET TO THE SOUTHEAST CORNER OF LOT 60 IN GRANDVIEW ADDITION AS RECORDED IN PLAT BOOK 9, PAGE 98 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE CONTINUING NORTH ALONG SAID WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1315.25 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE CONTINUING NORTH ALONG SAID WEST LINE, A DISTANCE OF 210 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 32 IN SAID GRANDVIEW ADDITION; THENCE CONTINUING NORTH ALONG SAID WEST LINE, A DISTANCE OF 1070 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 4, A DISTANCE OF 40 FEET TO A POINT BEING 30 FEET WEST OF THE SOUTHWEST CORNER OF LOT 42 IN WEST HAVEN ADDITION AS RECORDED IN PLAT BOOK 18, PAGE W-1 IN THE OFFICE OF SAID RECORDER; THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF ARDMORE TRAIL PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 660.7 FEET TO THE SOUTHWEST CORNER OF LOT 98 IN BRENTWOOD ESTATES 1ST ADDITION SECTION B AS RECORDED IN PLAT BOOK 19, SECTION B-5 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 260 FEET TO THE SOUTHWEST CORNER OF LOT 1 IN BRENTWOOD ESTATES 1sT ADDITION SECTION A AS RECORDED IN PLAT BOOK 19, PAGE B-7 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 366.12 FEET TO THE SOUTHEAST CORNER OF LOT 5 IN SAID BRENTWOOD ESTATES 1sT ADDITION SECTION A; THENCE NORTHEASTERLY, A DISTANCE OF 74 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 39 IN BRENTWOOD ESTATES 1ST ADDITION SECTION A; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF ARDMORE TRAIL, A DISTANCE OF 142.41 FEET TO THE SOUTHWEST CORNER OF LOT 48 IN SAID BRENTWOOD ESTATES 1sT ADDITION SECTION B; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 832.93 FEET TO THE SOUTHEAST CORNER OF LOT 72 IN SAID BRENTWOOD ESTATES 1sT ADDITION SECTION B; THENCE SOUTH 00 DEGREES I 1 MINUTES 44 SECONDS WEST ALONG A WEST LINE OF A PARCEL DESCRIBED IN A CORPORATE BDDBOI 4805884v2 - 1 Q WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 8014012 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 21.68 FEET (ASSUMED) TO SAID NORTH RIGHT-OF-WAY LINE OF ARDMORE TRAIL; THENCE NORTH 66 DEGREES 33 MINUTES 51 SECONDS EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 835.40 FEET; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 26 FEET (ASSUMED) TO THE NORTH SOUTHWEST CORNER OF LOT 1 IN ALWARD'S ADDITION AS RECORDED IN PLAT BOOK 11, PAGE 73 IN THE OFFICE OF SAID RECORDER; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 509.02 FEET TO THE CENTERLINE OF A 14 FOOT WIDE ALLEY, EAST WEST BY MEASURE, BEING 8 FEET (ASSUMED) FROM THE SOUTHEAST CORNER OF LOT 51 IN SAID ALWARD'S ADDITION, AS MEASURED PARALLEL WITH THE CENTERLINE OF SAID ARDMORE TRAIL; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 8 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 46 IN VOGT'S 1sT ADDITION AS RECORDED IN PLAT BOOK 10, PAGE 95 I1V THE OFFICE OF SAID RECORDER; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 507.21 FEET TO THE SOUTHEAST CORNER LOT 10 IN SAID VOGT'S 1sT ADDITION; THENCE NORTH ALONG THE WEST RIGHT-0F-WAY LINE OF NANCY STREET (CURRENTLY NAMED BENDIX DRIVE) PARALLEL TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 433.7 FEET TO THE NORTHEAST CORNER OF LOT 1 IN SAID VOGT'S IsT ADDITION; THENCE NORTHWESTERLY TO A THE NORTH RIGHT-OF-WAY LINE OF LINCOLN WAY WEST AND THE WEST RIGHT=OF-WAY LINE OF BENDIX DRIVE, ALSO BEING THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN TRUSTEE'S DEED RECORDED UNDER INSTRUMENT NUMBER 9903236 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 107 FEET (ASSUMED);THENCE NORTHWESTERLY ALONG SAID NORTH RIGHT OF WAY LINE OF LINCOLNWAY WEST TO THE EAST RIGHT OF WAY LINE OF BUTTERNUT ROAD; THENCE NORTHWESTERLY ACROSS BUTTERNUT ROAD ON A LINE PARALLEL WITH AND 140 FEET NORTHERLY OF THE SURVEY LINE S-USR20-M (REFERENCED TO PLANS FOR U.S. 31 BYPASS) TO THE WEST RIGHT OF WAY LINE OF BUTTERNUT ROAD; THENCE NORTHWESTERLY ALONG THE NORTHEAST LIMITED ACCESS RIGHT OF WAY LINE OF USR ZO TO A POINT 150 FEET TO THE RIGHT OF STATION 65+00, LINE S-USR20-M; THENCE SOUTHWESTERLY A DISTANCE OF 300 FEET ALONG A LINE MEASURED AT RIGHT ANGLES TO SAID LINE S-USR 20-M TO A POINT 150 FEET TO THE LEFT OF STATION 65+00 ON LINE S- USR20-M; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE LIMITED ACCESS RIGHT OF WAY LINE OF THE SOUTHEAST RAMP OF THE U.S. 31 BYPASS TO A POINT BEING 170 FEET TO THE RIGHT OF STATION 35+00 ON LINE M AT THE CENTERLINE OF THE U.S. 31 BYPASS; THENCE WESTERLY A DISTANCE OF 320 FEET TO A POINT 150 FEET TO THE LEFT OF STATION 35+00 ON SAID LINE M; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE LIMITED ACCESS RIGHT OF WAY LINE OF THE SOUTHWEST RAMP OF SAID U.S. 31 BYPASS TO A POINT AT STATION 34+00 LINE S-USR20-M IN THE LIMITED ACCESS RIGHT OF WAY LINE OF THE SOUTHWEST RAMP OF SAID U.S. 31 BYPASS, WHICH POINT IS 130 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES FROM SAID LINE S-USR20-M; THENCE NORTHEASTERLY A DISTANCE OF 250 FEET MEASURED AT RIGHT ANGLES TO SAID LINE S-USR20-M TO A POINT AT STATION 34+00 ON LINE S-USR20-M, AND BEING 120 FEET BDDBOI 4805884v2 - 11 - MEASURED AT RIGHT ANGLES, NORTHEASTERLY FROM SAID LINE; THENCE EASTERLY AND NORTHERLY ALONG THE LIMITED ACCESS RIGHT OF WAY LINE OF SAID NORTHWEST RAMP OF THE U.S. 31 BYPASS TO A POINT, 79.36 FEET SOUTH OF THE NORTH 1/4 POST OF SAID SECTION 31; THENCE NORTH ALONG THE NORTH-SOUTH QUARTER LINE OF SAID SECTION 31, 79.36 FEET TO THE NORTH 1/4 POST OF SAID SECTION 31; THENCE NORTH ALONG THE NORTH -SOUTH QUARTER LINE OF SECTION 30 TO THE NORTH 1/4 CORNER OF SECTION 30; THENCE CONTINUING NORTH ALONG THE NORTH -SOUTH CENTERLINE OF SECTION 19, TO THE INTERSECTION WITH THE SOUTH BOUNDARY LINE OF OLIVE ROAD COMMERCE PARK SUBDIVISION; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE INTERSECTION OF THE EAST LINE OF WELLS ELECTRONIC MINOR SUBDIVISION; THENCE SOUTH ALONG SAID EAST LINE, EXTENDED 40 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF CLEVELAND ROAD; THENCE WEST ALONG SAID SOUTH RIGHT OF WAY LINE TO THE WEST RIGHT OF WAY LINE, EXTENDED OF OLIVE ROAD; THENCE NORTH 89 DEGREES 53 MINUTES 13 SECONDS WEST ALONG THE SOUTH LINE OF CLEVELAND ROAD AND ITS EASTERLY EXTENSION, 1075.83 FEET, MORE OR LESS, TO THE WEST LINE OF SECTION 19; THENCE NORTH ALONG THE WEST LINE OF SECTION 19 TO A POINT ON THE WEST LINE OF LOT 1 IN THE PLAT OF GIBBS' OLIVE ROAD MINOR SUBDIVISION AS THE SAME IS RECORDED AS INSTRUMENT NUMBER 0028450 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, SAID POINT BEING 114.58 FEET SOUTH 00 DEGREES 11 MINUTES 35 SECONDS WEST (REC. SOUTH 00 DEGREES 11 MINUTES 18 SECONDS WEST) FROM THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 89 DEGREES 19 MINUTES 02 SECONDS WEST, 2674.83 FEET, MORE OR LESS, TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION 24; THENCE NORTH 00 DEGREES 08 MINUTES 51 SECONDS EAST, ALONG SAID NORTH-SOUTH CENTERLINE, A DISTANCE OF 1603.00 FEET, MORE OR LESS, TO THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF THE INDIANA EAST-WEST TOLL ROAD; THENCE NORTH 89 DEGREES 20 MINUTES 23 SECONDS EAST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 3795.28 FEET, MORE OR LESS TO THE POINT OF INTERSECTION OF SAID NORTHERLY RIGHT OF WAY LINE WITH THE EAST RIGHT OF WAY LINE OF OLIVE ROAD; THENCE NORTH ALONG THE EAST RIGHT OF WAY LINE OF OLIVE ROAD AND THE EAST RIGHT OF WAY LINE OLIVE ROAD EXTENDED TO ITS INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF BRICK ROAD; THENCE EASTERLY AND NORTHERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF BRICK ROAD AND THE WESTERLY RIGHT OF WAY LINE OF THE U.S. 31 BYPASS TO A POINT 430 FEET EAST OF THE HALF SECTION LINE OF SECTION 18; THENCE NORTH PARALLEL WITH THE WEST SECTION LINE OF SECTION 18 TO THE EAST-WEST CENTERLINE OF SAID SECTION 18; THENCE CONTINUING EASTERLY ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 18, TO THE SOUTHEASTERLY RIGHT-OF-WAY OF THE U.S. 31 BY-PASS WHICH POINT BEING NORTH 89 DEGREES 53 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 18, A DISTANCE OF 1186.55 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 18; THENCE NORTH 16 DEGREES 39 MINUTES 31 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 1198.26 FEET; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A BDDBOI 48058R4v2 - 12 - DISTANCE OF 544.85 FEET; THENCE SOUTH 72 DEGREES 23 MINUTES 34 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 63.00 FEET; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID RIGHT-OF-WAY PROJECTED ACROSS ADAMS ROAD TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID ADAMS ROAD, A DISTANCE OF 1168.65 FEET; THENCE SOUTH 84 DEGREES 29 MINUTES 04 SECONDS EAST ALONG SAID ADAMS ROAD RIGHT-OF-WAY, A DISTANCE OF 865.89 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS ALONG SAID ADAMS ROAD RIGHT-OF-WAY, A DISTANCE OF 191.21 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 57 SECONDS WEST, A DISTANCE OF 22.56 FEET TO THE POINT OF NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADNS OF 895.00 FEET, A CENTRAL ANGLE OF 33 DEGREES 29 MINUTES 06 SECONDS AND A CHORD OF 515.77 FEET BEARING NORTH 46 DEGREES 12 MINUTES 10 SECONDS WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 523.19 FEET; THENCE SOUTH 29 DEGREES 27 MINUTES 22 SECONDS EAST, A DISTANCE OF 1112.70 FEET TO THE POINT OF TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 605.00 FEET, A CENTRAL ANGLE OF 60 DEGREES 29 MINUTES 52 SECONDS AND A CHORD OF 609.55 FEET BEARING SOUTH 59 DEGREES 42 MINUTES 18 SECONDS WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 638.81 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 13 SECONDS EAST, A DISTANCE OF 365.76 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST ALONG SAID SECTION LINE, A DISTANCE OF 1026.76 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1298.64 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 03 MINUTES 49 SECONDS WEST ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SOUTHWEST 1/4 A DISTANCE OF 2465.70 FEET TO A POINT WHICH IS NORTH 00 DEGREES 03 MINUTES 49 SECONDS EAST A DISTANCE OF 200.00 FEET FROM THE SOUTHEAST CORNER OF THE WEST 1/. OF SAID SOUTHWEST 1/4; THENCE NORTH 89 DEGREES 39 MINUTES 06 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 400.00 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 49 SECONDS WEST, PARALLEL WITH THE EAST LINE OF THE WEST 1/2 OF SAID SOUTHWEST 1/4, A DISTANCE OF 200.00 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE NORTH 89 DEGREES 39 MINUTES 06 SECONDS WEST, ALONG SAID SOUTH LINE A DISTANCE OF 375.75 FEET; THENCE NORTH 00 DEGREES 22 MINUTES 38 SECONDS EAST, A DISTANCE OF 205.00 FEET; THENCE NORTH 89 DEGREES 39 MINUTES 06 SECONDS WEST, PARALLEL WITH SAID SOUTH LINE A DISTANCE OF 138.00 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 38 SECONDS WEST, A DISTANCE OF 205.00 FEET TO SAID SOUTH LINE; THENCE NORTH 89 DEGREES 39 MINUTES 06 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 60.00 FEET; THENCE NORTH 00 DEGREES 22 MINUTES 38 SECONDS EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH 89 DEGREES 39 MINUTES 06 SECONDS WEST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 330.00 FEET TO THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID SECTION 17, ALSO BEING THE NORTHWEST CORNER OF SECTION 20; THENCE SOUTHERLY BDDBOI 4805884x2 - 13 - ALONG THE WEST LINE OF SECTION 20, TO THE SOUTH RIGHT OF WAY LINE OF BRICK ROAD; THENCE DUE EAST ALONG THE SOUTH RIGHT OF WAY LINE OF BRICK ROAD A DISTANCE OF 346.64 FEET; THENCE DUE SOUTH A DISTANCE OF 150.35 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE NEW CLEVELAND ROAD, SAID POINT BEING 170.85 FEET SOUTH OF AND 346.64 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 20; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF THE NEW CLEVELAND ROAD TO THE POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 1/2 OF THE WEST 1/Z OF THE NORTHWEST 1/4 OF SAID SECTION 20; THENCE DUE NORTH ALONG SAID EAST LINE TO THE INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF BRICK ROAD; THENCE DUE EAST ALONG SAID SOUTH RIGHT OF WAY LINE OF BRICK ROAD TO A POINT BEING DUE WEST AND 200 FEET FROM THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 20; THENCE DUE SOUTH 220 FEET; THENCE DUE EAST 200.00 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 20; THENCE DUE NORTH A DISTANCE OF 220 FEET TO THE SOUTH RIGHT OF WAY LINE OF BRICK ROAD; THENCE EAST ALONG THE SOUTH RIGHT OF WAY LINE OF BRICK ROAD TO A POINT OF INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF MAYFLOWER ROAD; THENCE DUE NORTH 20 FEET, MORE OR LESS, TO THE CENTERLINE OF BRICK ROAD; THENCE EAST 30 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF BRICK ROAD TO A POINT OF INTERSECTION WITH THE CENTERLINE OF MAYFLOWER ROAD; THENCE EAST ALONG SAID CENTERLINE OF BRICK ROAD TO A POINT THAT IS 420 FEET WEST OF THE POINT OF INTERSECTION BETWEEN SAID CENTERLINE AND THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 20; THENCE SOUTH 750 FEET PARALLEL WITH THE WEST LINE OF THE HIGH MEADOWS ESTATES SUBDIVISION; THENCE EAST 420 FEET TO THE WEST LINE OF SAID SUBDIVISION, SAID WEST LINE BEING THE EAST LINE OF THE WEST HALF- OF THE NORTHEAST QUARTER OF SECTION 20; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF LOT 35 OF THE HIGH MEADOWS ESTATES SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF THE HIGH MEADOWS ESTATES SUBDIVISION AND THE HARTMAN & DEMAEGT SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 8 OF THE HARTMAN &DEMAEGT SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF THE HARTMAN &DEMAEGT SUBDIVISION, EXTENDED EAST, TO A POINT THAT IS 138.48 FEET WEST OF THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 21; THENCE NORTH 465 FEET, MORE OR LESS; THENCE EAST 138.48 FEET; THENCE NORTH 530 FEET TO THE CENTERLINE OF BRICK ROAD; THENCE EAST 661.02 FEET ALONG SAID CENTERLINE; THENCE SOUTH 1280 FEET, MORE OR LESS; THENCE EAST 661.02 FEET TO THE WEST LINE OF TOLL ROAD INDUSTRIAL PARK SUBDIVISION, ALSO BEING THE NORTH- SOUTH CENTERLINE OF SECTION 21; THENCE NORTH ALONG SAID WEST LINE OF TOLL ROAD INDUSTRIAL PARK A DISTANCE OF 685.077 FEET TO THE NORTHWEST CORNER OF OUTLOT 7C OF SAID TOLL ROAD INDUSTRIAL PARK, SECTION 7; THENCE NORTH 88 DEGREES 53 MINUTES 36 SECONDS EAST, 1327.59 FEET TO THE NORTHEAST CORNER OF LOT 11 OF THE TOLL ROAD INDUSTRIAL PARK, SECTION 6; THENCE SOUTH 00 DEGREES 56 MINUTES 57 SECONDS EAST, 366.66 FEET TO THE NORTH LINE OF LOT 14, SECTION 6, OF THE TOLL ROAD INDUSTRIAL PARK; THENCE BDDBOI 480~884v2 - I4 EASTERLY A DISTANCE OF 1322.97 FEET ALONG THE NORTH LINE OF LOT 14 AND LOT 15 OF SAID SECTION 6 TO THE EAST LINE OF SAID LOT 15, ALSO BEING THE EAST LINE OF SECTION 21; THENCE ALONG THE SAID EAST LINE SOUTH 00 DEGREES 45 MINUTES 45 SECONDS EAST A DISTANCE OF 1590.77 FEET TO THE EAST QUARTER POST OF SAID SECTION; THENCE SOUTH O1 DEGREES 00 MINUTES 44 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 585.04 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 31 SECONDS EAST A DISTANCE OF 1219.94 FEET TO THE CENTERLINE OF PORTAGE ROAD; THENCE SOUTH 21 DEGREES 44 MINUTES 25 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 292.53 FEET; THENCE NORTH O1 DEGREES 02 MINUTES 54 SECONDS WEST ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 22, TO THE EAST-WEST CENTERLINE OF SAID SECTION 22; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 22 TO THE CENTER OF SAID SECTION 22; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22 TO A POINT 214.50 FEET NORTH OF THE SOUTH 1/4 CORNER OF SAID SECTION 22; THENCE WEST, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 99.00 FEET; THENCE SOUTH, PARALLEL WITH SAID NORTH-SOUTH CENTERLINE OF SECTION 22, A DISTANCE OF 214.50 FEET TO THE SOUTH LINE OF SAID SECTION 22; THENCE EAST ALONG SAID SOUTH LINE OF SECTION 22, A DISTANCE OF 99.00 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 22 (ALSO BEING THE NORTH 1/4 CORNER OF SECTION 27); THENCE SOUTH ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 27 TO THE SOUTH RIGHT OF WAY LINE OF THE EAST -WEST INDIANA TOLL ROAD; THENCE WEST AND NORTHWEST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID EAST -WEST INDIANA TOLL ROAD TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF MAPLE ROAD; THENCE SOUTHWEST AND SOUTHERLY ALONG THE EAST LINE OF SAID MAPLE ROAD AND BENDIX DRIVE TO THE POINT OF BEGINNING. ALSO, INCLUDING: A PARCEL OF LAND BEING IN THE SOUTH WEST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE NORTHERLY 2,855.36 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF THE WESTERLY LINE OF SAID SECTION AND THE CENTERLINE OF THE INDIANA EAST-WEST TOLL ROAD; THENCE EASTERLY ALONG THE CENTERLINE OF SAID TOLL ROAD 1,019.36 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF OLIVE ROAD AND SAID TOLL ROAD; THENCE SOUTHERLY ALONG THE CENTERLINE OF OLIVE ROAD 1,416.28 FEET; THENCE EASTERLY 20 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF OLIVE ROAD AND PLACE OF BEGINNING; THENCE EASTERLY 180 FEET TO A POINT; THENCE SOUTHERLY 120 FEET TO A POINT; THENCE WESTERLY 180 FEET TO A POINT; THENCE NORTHERLY 120 FEET TOT THE POINT AND PLACE OF BEGINNING. ALSO, INCLUDING: BDDBOI 4805884v2 - 15 - APART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE NORTHERLY 2855.36 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF THE WESTERLY LINE OF SAID SECTION 19 AND THE CENTERLINE OF THE INDIANA EAST-WEST TOLL ROAD; THENCE EASTERLY ALONG THE CENTERLINE OF SAID TOLL ROAD, 1019.36 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF OLIVE ROAD AND SAID TOLL ROAD; THENCE SOUTHERLY ALONG THE CENTERLINE OF OLIVE ROAD, 1216.28 FEET TO THE POINT AND PLACE OF BEGINNING; THENCE EASTERLY 200 FEET TO A POINT; THENCE SOUTHERLY 200 FEET TO A POINT; THENCE WESTERLY 200 FEET TO A POINT; THENCE NORTHERLY 200 FEET TO THE POINT OF BEGINNING, CONTAINING 0.91 ACRES, MORE OR LESS, AND SUBJECT TO RIGHT OF WAY, ANY COVENANTS, EASEMENTS AND RESTRICTIONS OF RECORD. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: BEGINNING ON THE CENTERLINE OF OLIVE ROAD, AT A POINT 1640.1 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 19, RUNNING THENCE NORTH ALONG THE CENTERLINE OF SAID OLIVE ROAD, A DISTANCE OF 120 FEET; THENCE EAST 200 FEET; THENCE SOUTH 120 FEET; THENCE WEST 200 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.55 ACRES, MORE OR LESS, AND SUBJECT TO RIGHT OF WAY, ANY COVENANTS, EASEMENTS AND RESTRICTIONS OF RECORD. ALSO, INCLUDING: A PART OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE SOUTH 445.1 FEET; THENCE WEST 165 FEET THENCE NORTH 445.1 FEET; THENCE EAST 165 FEET TO THE POINT OF BEGINNING, CONTAINING 1.69 ACRES, MORE OR LESS, AND SUBJECT TO RIGHT OF WAY, ANY COVENANTS, EASEMENTS AND RESTRICTIONS OF RECORD. ALSO, INCLUDING: A PART OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS NUMBERED 1, 2 AND 3 OF TEACHERS CREDIT UNION PORTAGE ROAD MINOR SUBDIVISION, AS RECORDED UNDER INSTRUMENT NUMBER 0150716 IN THE OFFICE OF THE RECORDER OF SAID COUNTY. ALSO, INCLUDING: E3DDB01 4805884v2 - 16 APART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP LABELED "SEC. CORNER"; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 2278.97 FEET TO THE EAST LINE OF THE WEST 160 ACRES OF THE SOUTH HALF OF SAID SECTION 18; THENCE ALONG SAID EAST LINE, SOUTH 0 DEGREES 45 MINUTES 39 SECONDS WEST, A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 0 DEGREES 45 MINUTES 39 SECONDS WEST TO THE NORTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 101065, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 04 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 04 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 04 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 04 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPEAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 292.71 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, BEING THE NORTHERLY RIGHT-OF-WAY OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADNS OF 295.00 FEET, A CENTRAL ANGLE OF 22 DEGREES 31 MINUTES 44 SECONDS, AND A CHORD OF 115.25 FEET BEARING NORTH 64 DEGREES 12 MINUTES 33 SECONDS EAST; THENCE EAST ALONG SAID NORTHERLY RIGHT- OF-WAY CURVE, A DISTANCE OF 115.99 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A DISTANCE OF 119.25 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID BDDBOI 4805884v2 - 17 - RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT TWO (2) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET TO EAST LINE OF THE WEST 160 ACRES OF THE SOUTH HALF OF SAID SECTION 18 AND THE POINT OF BEGINNING. ALSO INCLUDING: A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SEC 19, TOWNSHIP 38 NORTH, RANGE 2 EAST; A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 38 NORTH, RANGE 2 EAST, ALL IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE OLNE ROAD COMMERCE PARK, SECTION 2; THENCE SOUTH ALONG THE CITY OF SOUTH BEND CORPORATE LIMITS TO THE NORTHEAST CORNER OF LOT 1 OF MILLER-OWENS MINOR SUBDNISION; THENCE WEST ALONG THE NORTH LINE OF SAID SUBDNISION 660 FEET; THENCE NORTH PARALLEL TO THE CITY OF SOUTH BEND CORPORATE LIMITS TO THE NORTH RIGHT-OF-WAY LINE OF CLEVELAND ROAD; THENCE EAST ALONG SAID RIGHT-OF-WAY LINE TO A POINT 340 FEET FROM THE CITY OF SOUTH BEND CORPORATE LINE, ALSO BEING THE WEST PROPERTY LINE OF A PARCEL OWNED BY ERNEST AND BERNICE MAHLER, TAX KEY NUMBER 04-1011- 0189; THENCE NORTH TO THE CITY OF SOUTH BEND CORPORATE LIMITS AT THE SOUTH LINE OF THE OLIVE ROAD COMMERCE PARK SECTION ONE SUBDPJISION; THENCE EAST ALONG THE SOUTH LINE OF OLNE ROAD COMMERCE PARK 330.24 FEET TO THE PLACE OF BEGINNING. ALSO INCLUDING: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE COMMONLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 110 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 200 FEET TO AN IRON STAKE; THENCE EAST 110 FEET TO AN IRON STAKE; THENCE SOUTH AND PARALLEL WITH THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 200 FEET TO THE SOUTH LINE OF SAID SECTION 17; THENCE WEST AND ALONG THE SOUTH LINE OF SAID SECTION 17, 110 FEET TO THE PLACE OF BEGINNING. ALSO INCLUDING: LOT NUMBERED ONE (1) ON THE RECORDED PLAT OF LYNN D. DAUGHERTY'S SUBDIVISION RECORDED JUNE 10, 1966 IN PLAT BOOK 22, PAGE "D" IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. ALSO INCLUDING: BDDBOI 4805834v2 - 1 8 - A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, DESCRIBED AS BEGINNING 220 FEET EAST OF THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 200 FEET; THENCE EAST 110 FEET; THENCE SOUTH 200 FEET; THENCE WEST 110 FEET TO THE PLACE OF BEGINNING, ALSO INCLUDING THE FOLLOWING: PART OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION SEVENTEEN (17), TOWNSHIP THIRTY-EIGHT (38) NORTH, RANGE TWO (2) EAST, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17; RUNNING THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 390 FEET FOR THE BEGINNING POINT OF THIS DESCRIPTION; THENCE NORTH 205 FEET ALONG THE EAST LINE OF A RESERVED STREET TO AN IRON; THENCE EAST 138 FEET TO AN IRON; THENCE SOUTH 205 FEET TO A POINT 138 FEET EAST OF THE PLACE OF BEGINNING; THENCE WEST 138 FEET TO THE PLACE OF BEGINNING, BEING LOT NUMBERED TWO (2) IN A MINOR SUBDIVISION OF LYNN DAUGHERTY, RECORDED JUNE 10, 1966 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 22, PAGE "D", AND A PIECE OF LAND 5 FEET NORTH AND SOUTH LYING NORTH OF THE ENTIRE NORTH LINE OF SAID LOT NUMBERED TWO (2). AND ALSO INCLUDING BDDBOI 4305884v2 - 19 - That part of Sections 10, 11, 12, 13, 14, 15, 16, 21, 22, 23 and 24 in Township 37 North, Range 2 East, and Section 18 in Township 37 North, Range 3 East all in St. Joseph County, Indiana which is described as: Beginning at the intersection of the Centerline line of Michigan Street (99.00 ft. wide) and the South Right of Way line of Sample Street extended West,; thence North along said Centerline of Michigan Street to its intersection with the Northerly Right of Way line of the Conrail Railway (formerly Penn Central Railroad) extended East; thence Westerly and Northwesterly along said Northerly Right of Way line to the Southeast Corner of Lot 1 in the unrecorded plat of "GUILDFOYLE'S ADDITION" and the West Right of Way line of Arnold Street; thence South along the West Right of Way line of Arnold Street to the North Right of Way of Sample Street, said point being the Southeast Corner of Lot # 48 in the recorded plat of "ARNOLD & WEBSTER'S SUB-DIVISION OF BANK OUTLOT #103" as recorded in the records of said county; thence West along the North Right of Way line of Sample Street to the intersection of the Northwesterly Right of Way line of the New Jersey, Indiana and Illinois Railroad; thence Southwesterly along said Northwesterly Right of Way line to a point which is 300 ft. more or less South of the North Right of Way line of Meadow Lane extended East, said line being the North line of Meadow Lane as recorded in the plat of "BELLEVILLE GARDENS 2ND UNIT"; thence West on a line which is parallel to and 300 ft. more or less South of said extended North Right of Way line of Meadow Lane to a point which is 100 ft. more or less, South, from the South terminus point of Sheridan Avenue; thence North 100 ft. more or less to said South terminus point; thence West, 535 ft. more or less to a point which is 30 ft. more or less, South, from the Southeast corner of the recorded plat of "BELLEVILLE GARDENS 2ND UNIT" as recorded in the records of said County; thence North 30 ft. more or less to said Southeast Corner; thence West, 1985 ft. more or less along the South line of said "BELLEVILLE GARDENS 2ND UNIT" to the West line of said Section 16; thence South along the West line of said Section to the West quarter Post of said Section 16; thence East along the East and West quarter line of said Section to the Northeast Corner of the Northwest quarter of the Southwest quarter of said Section; thence South along the East line of the Northwest quarter of the Southwest quarter of said Section to the Southeast Corner of the Northwest quarter of the Southwest quarter of said Section; thence East along the North line of the South half of the Southwest quarter of said Section to the Northeast Corner of the South half of the Southwest quarter of said Section; thence South along the North and South quarter line of said Section to the quarter corner common to said Sections 16 and 21; thence East along the South line of said Section 16 to the West Right of Way line of New Energy Drive; thence South along said Right of Way line to a point 200 ft. South of the north line of said Section 21; thence East parallel with and 200 ft. South of the North line of said Section 21 and 22 to a Point 200.00 ft. South of the Northeast Corner of the West half of the Northwest quarter of said Section 22; thence South along the East line of the West half of the Northwest quarter of said Section 22 to the North Right of Way Line of Prairie Avenue (S.R. # 23); thence Northeasterly along said Right of Way line to the East Right of Way line of Olive Street; thence South to the Northwest Corner of Lot 1 in the recorded plat of "BOOCHER MINOR SUBDIVISION" as recorded in the records of said County; thence Northeasterly along the Southerly Right of Way line of Prairie Ave. (S.R. # 23) to the intersection of the South Right of Way line of Ewing Ave.; thence East along the South Right of Way of Ewing Ave. to the intersection of the East Right of Way line of Morris Street extended South; thence North along the East Right of Way of Morris Street and its extension A-1 BDDBOI 4805884v2 South to the South Right of Way of Donald Street; thence East along the South Right of Way of Donald Street to the Northwest Corner of Lot # 52 in the recorded plat of "PRAIRIE AVENUE LAND CO'S 1st ADDITION" as recorded in the records of said County; thence North along the East line of a 14 ft. wide Public Alley and its extension South to the Northwest Corner of Lot #66 in said Plat; thence East along the South line of Calvert Street (60.00 ft. wide) extended to the East Right of Way line of Webster Street; thence North along the East Right of Way line of Webster Street to the South Right of Way line of Bruce Street (60.00 ft. wide); thence East along the South Right of Way of Bruce Street to the West Right of Way of Kemble Street; thence South along the West Right of Way of Kemble Street to the South line of the first Public Alley lying South of Calvert Street extended West to the West line of Kemble Street; thence East along the South line of said Public Alley (12 ft. wide) and its extension to the West, to the West Right of Way line of Chapin Street; thence South along said line to the South Right of Way line of Sherrill Street extended West to the West line of Chapin Street; thence East along the South Right of Way line of Sherrill Street and its Westerly extension to the Northeast Corner of Lot #53 in the recorded plat of "SHIVELY'S ADDITION" as recorded in the records of said County, said point being on the West line of Kendall Street; thence South along the West line of Kendall Street to the Northeast Corner of Lot # 45 in said "SHIVELY'S ADDITION"; thence East along the South Right of Way of Donald Street (50.00 ft. wide) to the Northeast Corner of Lot #254 in said "SHIVELY'S ADDITION"; thence South along the West Right of Way line of William Street and its extension to the South to the South Right of Way line of Ewing Ave.; thence East along the South Right of Way line of Ewing Ave. to the Northwest Corner of Lot #1 in the recorded plat of "WEIDLER'S FIRST ADDITION" as recorded in the records of said County; thence North along the East line of a 14 ft. wide Public Alley and its extension South to the Southwest Corner of Lot # 6 in the recorded plat of "OAK PARK FOURTH ADDITION" as recorded in the records of said County; thence West along the North line of a 14 ft. wide Public Alley to the Southwest corner of Lot #103 in said addition; thence North along the West line of said Lot to the Northwest Corner thereof; thence East along the North line of said Lot (South line of Donald Street) to the Northwest Corner of Lot #4 in said addition; thence North along the East Right of Way line of a 14 ft. wide Public Alley and its Southerly extension to the North line of Calvert Street (60 ft. wide); thence East along the North line of Calvert Street to the Southwest Corner of Lot # 94 in the recorded plat of "SOUTH EAST ADDITION" as recorded in the records of said County; thence North along the West line of Lots 94, 93, 46, 45 and said West line of Lot 45 extended North in said addition to the North Right of Way line of Milton Street (50.00 ft. wide); thence West to the Southwest Corner of Lot #44 in said "SOUTH EAST ADDITION"; thence North along the East line of a 14 ft. wide Public Alley and its extension North to the North line of Dayton Street (60.00 ft. wide); thence West along the North line of said Dayton Street to the Southwest Corner of Lot # 76 in the recorded plat of "OAK PARK 2nd ADDITION" as recorded in the records of said County; thence North along the East Right of Way line of Dale Ave. (50.00 ft. wide) to the Northwest Corner of Lot # 70 in said "OAK PARK 2nd ADDITION"; thence East along the South Right of Way line of Dubail Avenue to the Northwest Corner of Lot #57 in said "OAK PARK 2nd ADDITION"; thence North to the Southwest Corner of Lot #8 in the recorded plat of "OAK PARK ADDITION" as recorded in the records of said County; thence North along the East line of a 14 ft. wide Public Alley to the Northwest Corner of Lot #35 in the recorded plat of "WENGER & KRIEGHBAUM'S 2ND I3DDI301 48058842 A-2 ADDITION" as recorded in the records of said County; thence East along the North line of said Lot extended East to the East Right of Way Line of Miami Street; thence North along the East Right of Way line of said Miami Street and extending said line North to the Southerly shore of the St. Joseph River; thence Northwesterly along the shore of said St. Joseph River to a point on the Southerly Right of Way line of Sample Street (Old Eddy Street) said point also being the Northeasterly corner of a parcel of ground with a tax identification number of 18-7017-0719 as shown on the St. Joseph County, Indiana Auditor's records on March 19, 1993; thence Southwesterly and Westerly along the Southerly Right of Way line of Sample Street to the Point of Beginning. SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. A-3 BDDBO] 4805884x2