Loading...
HomeMy WebLinkAbout#270- Deed; Dunn Road, tract Encompassing, E of intersection of Winston DrivetL.,Uhal'u i , UK UU, lerit Board of Public WGorks COPYRIGHT MAY im, ST. josepw couNTY INDIANA SAN ASSOCIATION MAIL TO: City HallrA AUDITOR'S RECORD ,Sou,th Bend, Indiana Transfer No._, Wn F? Tax Uni 11, 11,,51) 11,-,E ing /111,111i, Fill!, 111/111-A IN 11I Date This indenture witnesseth that ROMAN PAWLAK and STELLA PAWLAK, Husband and Wife of St. Joseph County in the State of Indiana Ir Convey and warrant to THE MUNICIPAL CITY OF SOUTH BEND of St. Joseph County in, the State of Indiana w PALE4536 for and inconsideration of One ($1.00) Dollar and other good and valuable consideration the receipt whereof is hereby acknowledged, the following Real Estate in St. Joseph County in the State of Indiana, to wit: The North Thirty (30) feet of the property described as part of the Northwest Quarter (4) of the Southeast Quarter (4) of Section 32, Township 38 North, Range 3 East, described as beginning on the North line of the Southeast Quarter (4) of said Section 32 at a point Twenty-five (25) feet West of the Northeast corner of the West Half (1-2) of the Southeast Quarter (4) of said Section 32; running thence South parallel with the East line of the West Half (1-2) of the Southeast Quarter (4) of said Section 32 a distance of Two Hundred Thirteen (213) feet; thence West parallel with the North line of the Southeast Quarter (4) of said Section 32, a distance of Eighty (80) feet; thence North Two Hundred Thirteen (213) feet to a point on the North line of the Southeast Quarter (4) of said Section 32 that is Eight (80) feet West of the place of beginning; thence East Eighty (80) feet to the place of beginning. Subject to all taxes, assessments, and restrictions of record. Consideration for this conveyance being less than one Hundred ($100.00) Dollars, no federal documentary stamps are required. Signed and dated this 13th day of State of Indiana, St. Joseph County, ss: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared: February 2, March _'19 67 "u, Seal Roman Pawlak 0- 0-t Seal Stella Pawlak Seal This instrument was prepared board of ruoij- oul-A6 IAM TO: City liall ,South Bend, Indiana MOU111,11',11 �," St, A IN T '11" D E E D Transfer No. a* Taxing Unit Date_A This indenture witnesseth that ROMAN PAWLAK and STELLA PAWLAK, Husband and Wife "V Of St. Joseph County in the State of Indiana Convey and warrant to THE MUNICIPAL CITY OF SOUTH BEND �Io �12 of St. Joseph County in the State of Indiana for and inconsideration of one ($1.00) Dollar and other good and valuable consideration the receipt whereof is hereby acknowledged, the following Real Estate in St. Joseph County in the State of Indiana, to wit: The North Thirty (30) feet of the property described as part of the Northwest Quarter (4) of the Southeast Quarter (4) of Section 32 r Township 38 North, Range 3 East, described as beginning on the North line of the Southeast Quarter (14) of said Section 32 at a point Twenty-five (25) feet West of the Northeast corner of the West Half (2) of the Southeast Quarter (4) of said Section 32; running thence South parallel with the East line of the West Half (1-2) of the Southeast Quarter (4) of said Section 32 a distance of Two Hundred Thirteen (213) feet; thence West parallel with the North line of the Southeast Quarter (4) of said Section 32, a distance of Eighty (80) feet; thence North Two Hundred Thirteen (213) feet to a point on the North line of the Southeast Quarter (a) of said Section 32 that is Eight (80) feet West of the place of beginning; thence East Eighty (80) feet to the place of beginning. Subject to all taxes, assessments, and restrictions of record. Consideration for this conveyance being less than One Hundred ($100.00) Dollars, no federal documentary stamps are required. Signed and dated this lath day of State of Indiana, St. Joseph County, ss. Before ine, the undersigned, a Notary Public in and for said County and State, personally appeared: March _'19 67 2"":c Seal Roman Pawlak Seal Stella Pawlak rn atii0i sea,,this day of NArch 19 67 N.f.ry P.bnc February 2, 1969 This instrument was prepared by H - Theodore Noell, 210 L« M—ber St. Joseph 4 ayette'Building, Sou my Indiana B., Associwi*n Indiana Richard J. Duck, Clerk Board of Public Works COPYRIGHT MAY w9si, sr. JOSEPH COUNTY INOIANA BAR ASSOCIATION MAIL TO: City Hall .Sowffi Bond, Indiana AUDITOR'S RECORD Transfer No. Taxing Unit I? AJ Y CICIPPIO E E 11,50 51 E A 111111 F/I Date This indenture witnesseth that ROMAN PAWLAK and STELLA PAWLAK, Husband and Wife of St. Joseph County in the State of Indiana Convey and warrant to THE MUNICIPAL CITY OF SOUTH BEND of St. Joseph County in the State of Indiana for and inconsideration of One ($1.00) Dollar and other good and valuable consideration the receipt whereof is hereby acknowledged, the following Real Estate in St. Joseph County ,,n the State of Indiana, to wit: The North Thirty (30) feet of the property described as part of the Northwest Quarter (14) of the Southeast Quarter (11) of Section 32, Township 38 North, Range 3 East, described as beginning on the North line of the Southeast Quarter (4) of said Section 32 at a point Twenty-five (25) feet West of the Northeast corner of the West Half (1-2) of the Southeast Quarter (4) of said Section 32; running thence South parallel with the East line of the West Half (12) of the Southeast Quarter (4) of said Section 32 a distance of Two Hundred Thirteen (213) feet; thence West parallel with the North line of the Southeast Quarter (4) of said Section 32, a distance of Eighty (80) feet; thence North Two Hundred Thirteen (213) feet to a point on the North line of the Southeast Quarter (4) of said Section 3,2 that is Eight (80) feet west of the place of beginning; thence East Eighty (80) feet to the dace of beginning. ubject to all taxes, assessments, and restrictions of record. consideration for this conveyance being less than one Hundred ($100.00) Dollars, no federal documentary stamps are required. Signed and dated this Lath day of hfaroh 19 67 State of Indiana, St. Joseph County, ss: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared: "'L�' Seal Roman Pawlak Seal Stella Pawlak ISSW-T BY MTRA,CT 2 d0 ADDRESS ALL COMMUNICAXIONS , 1'0 Pioneer National Title Insurance Company 155 E MARKE.TST P 0, 13OX 876 INDIANA 110LIS, INDIANA VS204 Issued by Pioneer National Title Insurance Company Union Title Division Pioneer National Title Insurance Company, a California corporation, herein called the Com- pany, for a valuable consideration, HEREBY INSURES THE MUNICIPAL CITY OF SOUTH BEND hereinafter called the Insured, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding One Thousand and no/100 ------------------------------------- Dollars, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by rea- son of: any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule A, existing at the date hereof, not shown or re- ferred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or unmarketability of such title; or lack of a right of access to and from the land; all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations hereto annexed; IN WITNESS WHEREOF, Pioneer National Title Insurance Company has caused its corpor- ate name and seal to be hereunto affixed by its duly authorized officers. Countersigned: Pioneer National Title Insurance Company By ABSTRACT CYNTANY OF ST. JOSEPFi COV7Y, INC. President BY PRESIDENT A(A" And byGL9.j Secretary j GENERAL EXCEPTIONS 1. (a) Rights or claims of parties in possession not shown of record. (b) Encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate survey and inspection of the premises. (c) Easements and claims of easement not shown of record. (d) Mechanic's or materialmen's liens, or other statutory liens for labor or material not shown of record. (c) Taxes or special assessments which are not shown as existing liens by the public records. (f) Marital rights of the spouse, if any, of any individual insured. CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) `"land". the land described specifically or by reference in Sched- ule A and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public records; and (d) "darc"; the effective date. 2. Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of the following: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or pro- hibiting a separation in ownership or a reduction in the di- mensions or area of any lot or parcel of land. (b) Governmental rights of police power or eminent domain un- less notice of the exercise of such rights appears in the public records it the date hereof. (c) Title to any property beyond the lines of the land expressly described or referred to in Schedule A, or title to areas within or rights or casements in any abutting 5trmrs, roads, avenues, lanes, ways or waterways (except to the extent the right of access to and from said land is covered by the insuring provisions of this policy) , or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specl- fically provides that such titles, rights or casements are insured, (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured; or (2) known to the Insured either at the date of this policy or at the date such Insured acquired an estate or interest insured by this policy and not shown by the public records, unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy; or (3) resulting in no loss to the Insured; or (4) attaching or created subsequent to the date hereof. (c) Loss or damage which would not have been sustained if the Insured were a purchaser for value without knowledge. 3. Defense and Prosecution of Actions —Notice of Claim to be Given by the Insured (a) The Company, at its own cost and without undue delay, shall provide for the defense of the Insured in all litigation consisting of actions or proceedings commenced against the Insured defenses interposed against a sale of the estate in said land wiiie" h litigation in any of such events is founded upon an alleged de- fect, lien or encumbrance insured against by this policy, and may pursue such litigation to final determination in the court of last resort. (b) In case any such action or proceeding shall be begun, or defense interposed, or in case knowledge shall come to the Insured of any claim of title or interest which is adverse to the title as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy or in the event the title is rejected as unmarketable by one who has ]eased or has contracted to purchase, lease or lend money on the land described in Schedule A hereof, the Insured shall notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the receipt of process or pleadings or if the Insured shall not in writing, promptly notify the Company of any defect, lien or encumbrance insured against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing, promptly notify the Company of any such rejection by reason of claimed unmarketability of the title, then all liability of the Company in regard to the sub. ject matter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the title as insured; and the Company may take any appropriate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing, the Insured shall secure to it the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the ln- sated for such purptise, Whenever requested by the Company the Insured shall give the Com Any all reasonable aidin any such g action or proceeding, in e ecting settlement, securing evi- dvq-, cibori.i.g witnesses, or prosecuting or defending such action ;ar, proccedirm, and the Company shall reimburse the in. —ed . any expense sia incurred, 4. Notice of Loss --Limitation of Action In addition to the notices required under paragraph 3(b), a state- ment in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Com- pany within sixty days after such loss or damage shall have been determined and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period, Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a conclusive bar against main- tenance by the Insured of any action under this policy. S. Option to Pay, Settle of Compromise Claims The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy and such payment or tender of pay- ment, together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. & Payment of Loss (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and at- torneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the Insured in litigation carried on by the Company for the Insured, and all costs and at- torneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy (1) if the Company, after. having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a rea- sonable time after receipt of such notice; or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company; or (3) in the event the title is rejected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this policy, until thete has been a final determination by a. court of competent juris- diction sustaining such rejection. (d) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro ninto and no payment shall be made without pro- ducing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be payable within thirty days thereafter. 7, Liability Noncumulative It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage or deed of trust shown or referred to in Schedule B hereof or any mortgage or deed of trust hereafter executed by the Insured which is a charge or lien on the land described or referred to in Schedule A, and the amount so paid shall be deemed a payment to the Insured under this policy. 8. Coinsurance and Apportionment (a) In the event that a partial loss occurs after the Insured makes an improvement subsequent to the date of this policy, and only in that event, the Insured becomes a coinsurer to the extent here- inafter set forth. It the cost of the improvement exceeds twenty per reaction, of the amount of this policy, such proportion only of any partial loss estab- lished shall be borne by the Company as one hundred twenty per centum of the amount of this policy bears to the sum of the amount of this policy and the amount expended for the improvement. The foregoing provisions shall not apply to costs and attorneys' fees "Incurred ricurred by the Company in prosecuting or providing for the de- fense of actions or proceedings in behalf of the Insured pursuant to the terms of this policy or to costs imposed on the Insured in such actions or proceedings, and shall apply only to that portion of losses which exceed in the aggregate ten per cent of the face of the policy. Provided, however, that the fore -going coinsurance provisions shall not apply to any loss arising out of a lien or encumbrance for a liquidated amount which existed on the date of this policy and was not shown in Schedule B; and provided further, such coinsurance provisions shall not apply to any loss if, at the time of the occur- rence of such loss, the then value of the premises, as so improved, does not exceed one hundred twenty per cenrum of the amount of this policy. (b) If the land described or referred to in Schedule A is divisible into separate and noncontiguous parcels, or if contiguous and such parcels are nor used as one single site, and a loss is estqb- lishe affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rant basis as if the face amount of this policy was divided pro turn as to the value on the dare of this policy of each separate independent parcel to the whole,_ exclusive of any improvements made subsequent to the dare of this policy, unless a liability or value has otherwise been (Conditions and Stipulations Continued and Concluded on Lost Page of This Policy) 889/14444 Amount $ 1,000.00 SCHEDULE Effective Date April 13, 1967 at 8:00 A.M. 11, Policy No. SJA 37555 NAME OF INSURED THE MUNICIPAL CITY OF SOUTH BEND 1. The estate or interest in the land described or referred to in this schedule covered by this policy is Fee Simple. 2. Title to the estate or interest covered by this policy at the date hereof is vested in the Insured. 3. The land referred to in this policy is situated in the County of St. Joseph State of Indiana, and is described as follows: The North 30 feet of the following described real estate: Part of the Northwest Quarter (4) of the Southeast Quarter (-41) of Section 32, Township 38 North, Range 3 East described as beginning on the North line of the Southeast Quarter () of said Section 32 at a point 25 feet West of the Northeast corner of the West Half of the Southeast Quarter (-L) of said 4 Section 32; running thence South parallel with the East line of the West Half (1) of the Southeast Quarter (11,) of said Section 32 a distance of 2 213 feet; thence West parallel with the North line of the Southeast Quarter (14) of said Section 32, a distance of 80 feet; thence North 213 feet -to a point on the North line of the Southeast Quarter (1) of said Section 32 4 that is 80 feet West of the place of beginning; thence East 80 feet to the place of beginning. This policy does not insure against loss or damage by reason of the following: 1. General exception I appearing immediat I prior to the Conditions and Stipulations. 2. Taxes for the year 19ZI-7 payable in 1968. 3. Taxes for the year 1966 payable in 1967. 4. Mortgage in the amount of $3250.00 from Roman Pawlak and Stella Pawlak, husband and wife to Industrial Savings and Loan Association dated July 5, 1960 and recorded. July 6, 1960 in Mortgage Record 754, page 147 in the Office of the Recorder of St. Joseph County, Indiana. (Affects caption real estate and other real estate) 5. Possible existing easement in favor of Indiana & Michigan Electric Company granted by Elmira Dubail and Winnie B. Asher and Grace E. Asher, his wife in an instrument dated May 10, 1926 and recorded October 14, 1926 in Deed Record 200, page 55, to construct, erect, opera -be and maintain a line, high tension, for the purpose of transmitting electric or other power, using a description from which it is not clear whether or not said power line crosses caption premises. 6. Subject to the North 20 feet lying in Dunn Road for road purposes. 7. Statement contained in the deed to The Municipal City of South Bend in Deed Record 686, page 456 that it shall be liable to the grantors for any damage if water drains upon the grantors property as a consequence of the construction of a sidewalk over said real estate. CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) agreed upon as to each such parcel by the Company and the Insured at the time of the issuance of this policy and shown by an express statement herein or, by an endorsement attached hereto. 9. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or propertyin respect to such claim had this policy not been issued. if the payment does not cover the loss of the Insured, the Company shall be subrogated to such rights anti remedies in th proportion which said payment bears to the amount of said loss. If loss should result from any act of the insured such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against, hereunder, which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, if re- quested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right Of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involv- ing such rights or remedies. 10. Policy Entire Contract Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the title insured herein must be based on the provisions of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. II. Notice, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to said Company at 155 E. Market St., P. O. Box 876, Indianapolis, Indiana 46204. Pioneer National Title Insurance Company