HomeMy WebLinkAbout5A4 4000 1 Termination of Right of Re-entry (218 Kaley) 001 6.13.2016CROSS - REFERENCE: Book 735, Page 487 Item' S:A4
TERMINATION OF RIGHT OF RE -ENTRY
This Termination of Right of Re -entry (this "Termination "), is made on June 13, 2016
(the "Effective Date "), by the South Bend Redevelopment Commission, the governing body of
the City of South Bend Department of Redevelopment (the "Commission ").
RECITALS
A. The Commission conveyed certain real property, commonly known as 218 Kaley
Street, South Bend, Indiana, and more particularly described in attached Exhibit A (the
"Property ") to G.C.A., Inc., by the Quit -Claim Deed dated January 4, 1971, and recorded on
February 16, 1971, in Book 735, Page 187, in the Office of the Recorder of St. Joseph County
(the "Deed ") containing certain agreements and restrictions on the development and conveyance
of the Property, including the Commission's right to re -enter and retake possession and
ownership of the Property in the event of certain actions or failures to act in accordance with the
terms of the Deed and applicable development plans (the "Right of Re- entry ").
B. In order to facilitate a conveyance of the Property to a potential buyer, the current
owners of the Property desire for the Commission to terminate its Right of Re- entry.
C. Despite the absence of a contemporaneous certificate of completion in the public
record and in light of the completion of construction on the Property as required under the Deed,
the Commission desires to terminate its Right of Re -entry as stated in this Termination.
NOW, THEREFORE, in consideration of the above premises, the Commission states as
follows:
1. Recitals. The above Recitals are incorporated into and made a part of this
Termination.
2. Completion. Notwithstanding any provision of the Deed to the contrary, no
certificate of completion will be required to evidence the satisfaction of the requirements stated
in Section 1 of the Deed.
3. Termination. The Commission hereby forever relinquishes and terminates its
Right of Re -entry stated in Section 2 of the Deed with respect to the Property. This Termination
relates to the Property alone and has no effect on any of the Commission's rights or remedies
with respect to any other real property interest conveyed under the Deed.
4. Recordation. Promptly following execution by the Commission, this Termination
will be recorded in the Office of the Recorder of St. Joseph County.
IN WITNESS WHEREOF, the Commission hereby executes this Termination to be
effective on the Effective Date stated above.
SOUTH BEND REDEVELOPMENT COMMISSION
Marcia I. Jones, President
ATTEST:
Donald E. Inks, Secretary
STATE OF INDIANA
SS:
COUNTY OF ST. JOSEPH
Before me, the undersigned, a Notary Public in and for said County and State, this
day of June, 2016, personally appeared Marcia I. Jones and Donald E. Inks, personally known to
me as the President and Secretary, respectively, of the South Bend Redevelopment Commission,
the governing body of the City of South Bend, Indiana, Department of Redevelopment, and
acknowledged the execution of the foregoing Termination of Right of Re -entry for and on behalf
of the South Bend Redevelopment Commission.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.
(SEAL)
, Notary Public
Resident of County,
My commission expires:
This instrument was prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
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. Benjamin J. Dougherty.
4000.000000151693273.001
EXHIBIT A
Description of Property
Lot 797 as shown on the plat of the Third Plat of Summit Place Addition, recorded April 9, 1904
in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 8, page 162, together
with the south half of the vacated alley lying north of and adjacent to said lot.