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Lawrence J. Meteiver
Assistant City Attorney
1400 County-City Building
227 W..Iefferson Blvd.
South Bend, Indiana 46601
Key Nos.
18-5038-1350
18-5038-1351
18-5038-1372
CERTIFICATE OF COMPLETION
C C ~>
The City of South Bend, Indiana, Redevelopment Commission (the
"Commission") certifies that on December 5, 2003, by Quit Claim Deed (the "Deed")
recorded on December 23, 2003, as Document Number 0379969 in the Office of the
Recorder of St. Joseph County, Indiana, the Commission conveyed to Madison Center,
Inc., an Indiana not-for-profit corporation, (the '`Developer") the following described
real estate (the "Property'") in the City of South Bend. Indiana:
SEE EXHIBIT 'A• ATTACHED
Pursuant to the covenants, conditions, restrictions and provisions of a Contract for
Sale of Land for Private Development entered into by and between the Commission and
the Developer (the "Contract') dated November 7, 2003, and recorded on December 23,
2003, as Document Number 0379968 in the Office of the Recorder of St. Joseph County,
Indiana, the Developer undertook to complete certain improvements on the Property
conveyed by the Deed. The Developer has fully completed the improvements on the
Property in accordance with the provisions of the Contract.
The Commission has caused this Certificate of Completion to be issued August 7,
2009, and is evidence of the satisfaction and tenilination of the restrictions and covenants
in the Contract and in the Deed, and specifically:
neither the Commission nor any successor in interest or assign shall
hereafter have or be entitled to exercise any rights, remedies, or controls
otherwise available with respect to the Property as a result of a default in
or breach of any provision of the Contract or the Deed by the Developer or
any successor in interest or assign, unless:
a. the Developer, any lessee, or any other successor in interest or
assign defaults in or breaches the covenants of Section VII (A)(2)
of the Contract; and
b. the right, remedy or control relates to such default or breach.
Dated this 7d' day of August, 2009.
CITY OF SOUTH BEND, INDIANA
REDEVLOPMENT COMMISSION
By:
Marcia Jones, President
STATE OF INDIANA )
SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and said County and State, personally appeared
Marcia Jones, to me known to be the President of the City of South Bend Redevelopment
Commission, and acknowledged the execution of the foregoing Certificate of
Completion.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal this day of August, 2009.
Notary Public
Residing in St. Joseph County, Indiana
My Co~llmission Expires:
This instrument was prepared h~~ Lawrence J. Meteiver. Aitnrney° No. 10.352-9$, Assistant Cily Attorney liar the City of South Bend,
1400 County-City Buildine. South Bcnd, Indiana 46601.
I af7irm. under penalties ofpe~jmy. that I have taken reasnnahle care to redact each Social Security number in this document, unless
required b~ law. L.J. Meteiver.
LEGAL DESCRIPTIONS
PARCEL I.
THAT PART OF THE SOUTH HALF OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2
EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH
LINE OF CRESCENT AVEN°JE WITH THE WEST LINE OF A VACATED 14 FT. WIDE
NORTH-SOUTH ALLEX SHOWN ON THE PLAT OF "CEDAR HEIGHTS ADDITION" AS
RECORDED IN PLAT BOOK # 2 ON PAGE # 59 IN THE RECORDS OF T.T~ ST. JOSEPH
COUNTY, INDIANA RECORDER'S OFFICE; THENCE ALONG THE NORTH LINE OF
`~ CRESCENT AVENUE, S. 63° -13'-46" W., 36.21 FT. (REC. S. 62° -30'-00" W.,
36.00 FT.); THENCE N. 00° -00'-00" W., 125.92 FT. (REC. NORTHERLY 120
FT.); THENCE N. 73° -14'-30" E., {REC. PERPENDICULAR TO THE EAST LINE OF
NILES AVENUE), 36.00 FT_ TO THE WEST LINE OF SAID VACATED 14 FT. WIDE
NORTH-SOUTH ALLEY AS SHOWN ON THE PLAT OF SAID "CEDAR HEIGHTS ADDITION";
THENCE ALONG THE WEST LINE OF SAID ALLEY, S. O1° -O1'-28" W., 120.00 FT.
(REC. SOUTH) TO THE POINT OF BEGINNING.
CONTAINING 0.094 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
PARCEL II.
THAT PART OF THE SOUTH HALF OF SECTION ]., TOWNSHIP 37 NORTH, RANGE 2
EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH
LINE OF CRESCENT AVENUE WITH THE WEST LINE OF HILL STREET; THENCE ALONG
THE NORTH LINE OF CRESCENT AVENUE, S. 63° -13'-46" W., 202.03 FT. (REC.
S. 62° -30'-00" W.) TO THE WEST LINE OF A VACATED 14 FT. WIDE NORTH-
SOLTTH ALLEY SHOWN ON THE PLAT CF "CEDAR HEIGHTS ADDITION" AS RECORDED IN
PLAT BOOK # 2 ON PAGE # 59 IN THE RECORDS OF THE ST. JOSEPH COUNTY,
INDIANA RECORDER'S OFFICE; THENCE ALONG THE WEST LINE OF SAID ALLEY AND
SAID PLAT N. O1° -O1'-28" E., 133.17 FT. TO THE SOUTH LINE OF A PARCEL OF
GROUND OWNED BX DOROTHY AND FOSTER THOMAS AND IDENTIFIED AS TAX KEY
NUMBER 18-5038-1371 IN THE RECORDS OF THE ST. u'OSEPH COUNTY, INDIANA
AUDITOR'S OFFICE; THENCE ALONG THE SOUTH LINE OF SAZD PARCEL, S. 88° -21'-
14" E., 178.74 FT. {REC. 179 FT.I TO THE WEST LINE OF SAID HILL STREET;
THENCE ALONG SAID WEST LINE, S. 02° -30'-07" W., 37.02 FT. TO THE POINT
OF BEGINNING.
CONTAINING 0.35 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENT5 AND RESTRICTIONS OF REC0.3ZD.
~. EXHIBIT
PARCEL III.
THAT PART OF THE SOUTH HALF OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2
EAST, PORTAGE TOWNSHIP, CITY CF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH
LINE OF CRESCENT AVENUE WITH THE EAST LINE OF NILES AVENUE; THENCE ALONG
SAID EAST LINE, N. lb° -45'-30" W., 356.97 FT. (REC. N, 18° -00'-00" W.
357.00 FT.) TO THE SOUTH LINE OF A PARCEL OWNED BY MADISON CENTER AND
IDENTIFIED AS TAX KEY N-UM$ER 1$-5038-1349 IN THE RECORDS OF THE ST.
JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE; T'dENCE N. 73° -29'-57" E,,
316.98 FT. ALONG SAID SOUTH LINE (REC. N. 72° -00'-00" E „ 319.00 FT.) TO
THE WEST LINE OF A VACATED 14 FT. WIDE NORTH-SOUTH ALLEY SHOWN ON TF?E
PLAT OF "CEDAR HEIGHTS ADDITION" AS RECORDED IN PLAT $pOK # 2 ON PAGE #
59 IN THE RECORDS OF THE ST. J05EPH COUNTY, INDIANA RECORDER'S OFFICE;
THENC$ ALONG THE NEST LINE OF SAID ALLEY AND SAID PLAT, S. oz° -oi'-29"
W•, 65.Ig FT. (REC. 50UTH 6n FT.); THENCE S. 73° -14'-30" w., 36.x0 FT.
(REC. PERPENDICULAR TO THE EAST LINE OF NILES AVENUE); THENCE S. 00° -00'-
00" E., 125.91 FT. (REC. SOUTHERLY 120 FT.j TO THE NORTH LINE OF
C.T2ESCENT AVENUE; THENCE ALONG SAID NORTH LINE FOR THE NEXT TWO COURSES,
S. 63° -13'-46" W., 100.35 FT. (REC. S. 62° -30'-00" W., 100.50 FT.) AND
S. 22° -41'-29" W., 201.37 FT. {REC. S. 21° -15'-00" W., 202.00 FT.) TO
THE POINT OF BEGINNING.
CONTAINING 1.42 ACRES MORE CR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
SURVEYOR'S CERTIFZCATICN
T0: COMMUNITY & ECONOMIC DEPARTMENT DEPARTMENT
OF THE CITY OF SOUTH BEND, AKA CITY OF SOUTH BEND, INDIANA, FOR THE
USE AND BENEFIT OF ITS REDEVELOPMENT COMMISSION:
I, RONALD L. HARNER, RM A REGISTERED LAND SURVEYOR IN THE STATE OF
INDIANA AND HEREBY CERTIFY: THAT I HAVE SURVEYED THE LANDS HEREON
DESCRIBED AND DELINEATED, AN'D THAT THIS SURVEY WAS PERFORMED UNDER MY
DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND $ELIEF THIS
SURVEY HAS BEEN PERFORMED IN ACCORDANCE WITH THE REQUIREMENTS OF RULE 12
OF "MINIMUM STANDARDS FOR COMPETENT FRACTZCES OF LAND SURVEYING" AND AS
PRESCRIBED SY INDI.~NA ADMINISTRATIVE CODE 865, 1.1-12.
RONALD L. HARNER L.S.
INDIANA REG. # 910032
DATED: SEPTEMBER 17, 2001