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HomeMy WebLinkAbout#278- Deed; Sample St, Widening West of Lincoln Way Easti ✓ /A 119F� 7T ,rransfer �V� Taxing Unit Date .. WARRANTY DEED THIS INDENTURE WITNESSETH that F. & D. RENTALS, INC., an Indiana corporation with its principal offices located in South Bend, St. Joseph County, in the State of Indiana, CONVEYS AND WAR- RANTS TO CIVIL CITY OF SOUTH BEND, a municipal corporation of the State of Indiana, for and in consideration of Six Hundred Dollars ll($600.00) and other valuable consideration, the receipt whereof is hereby acknowledged, the following real estate in St. Joseph County in the State of Indiana, to wit: A parcel of land in the North part of the North- east Quarter of Section No. 13, Township No. 37 North, Range No. 2 East, now within and a part of 15 the City of South Bend, bounded by a line running 77 as follows, viz: Beginning at the corner formed by the intersection of the East line of High Street with the present South line of said Sample Street in the City of South Bend; said South line of Sample Street being parallel with and 25' South of the North line of said Section No. 13; thence running East on the South line of said Sample Street a dis- tance of Two Hundred Twenty-nine feet and two in- ches (229 feet 2 inches), thence South on a line parallel with the east line of High Street, a dis- tance of Thirty-five (35) feet, thence northwesterly on a straight line to a point on the East line of High Street which is Fifteen (15) feet South of the point of beginning, thence North alon the East line of High Street a distance of Fifteen �15) feet to the place of beginning, said parcel of land being taken off of and from the entire width of the North ends of those lots known as Numbers 549-550—_tOs`-552,551 and 553 on the Assessor's Plat Book for taxation purposes in the Records of St. Joseph County. Subject to the second installment of the 1959 real estate taxes payable in 1960. IN WITNESS WHEREOF, the grantor has hereunto subscribed its name and affixed its corporate seal by its duly authorized offi- cers this 30th day of April 1959 F. & D LS, INC. Its v�,Xpnjamin F. Fohrman its Agecretary Iffoyde SchweiglOrt STATE OF INDIANA SS: ST. JOSEPH COUNTY � sou Before me, the, undersigned, a notary public in and for said County and State, this 30th day of April 1959, per- sonally appeared BenJamin F. Fohrman and Moyde Schweighart ,'known to me and by me known' to­­tre"'the'­­ President and Secretary respectively, of F. & D. Rentals, Inc., grantor in the above and foregoing deed, and ac- knowledged the execution of said deed for and on behalf of said corporation and that they are authorized by it so to do. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. Annamae Barham Notary Public ion expires: ->. j r b- , d �� �f�� �rti �.. .�, u f✓`xeCam'.i"cC a RELEASE OF PART OF REAL ESTATE FROM MORTGAGE LIEN ° FOR VALUE RECEIVED, Badet, Incorporated, formerly The South Bend Toy Manufacturing Company, an Indiana corporation, mort- gagee in a mortgage dated the 3rd day of June, 1957, given by The .th Bend Toy Manufacturing Company, Inc,, an Indiana corporation St. Joseph County, Indiana, (incorporated May 30, 1957, and presently known as F. & D. Rentals, Inc.) and Benjamin F. Fohrman ;and John W. Dorgan of the City of Chicago, County of Cook, State jof Illinois, and recorded in Mortgage Record No. 690, Pages 584-594, jin the records of the Recorder's Office of St. Joseph County, State of Indiana,, does hereby release and completely waive from the lien i lof said mortgage only the following described real estate situated in St. Joseph County, in the State of Indiana, to wit: A parcel of land in the North part of the North- east Quarter of Section No. 13, Township No. 37 North, Range No. 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, viz: Beginning at the corner formed by the intersection of the East line of High Street with the present South line of said Sample Street in the City of South Bend; said South line of Sample Street being parallel with and 25' South of the North line of said Section No, 13; thence running East on the South line of said Sample Street a distance of Two Hundred Twenty-nine feet and two inches (229 feet 2 inches), thence South on a line parallel with the east line of High Street, a distance of Thirty-five (35) feet, thence northwesterly on a straight line to a point on the East line of High Street which is Fifteen (15) feet South of the point of beginning, thence North along the East line of High Street a distance of Fifteen (15) feet to the place of be- ginning, said parcel of land being taken off of and from the entire width of the North ends of those lots known as Numbers 549-550-551-552 and 553 on the Assessor's Plat Book for taxation pur- poses in the Records of St. Joseph County. reserving such lien and all its rights as to the balance of the estate described in said mortgage. Witness the hand and seal of said mortgagee this day of April, 1959. BOOK BADET, INCORPORATED,,, Edna P_ 'Ridet: its Proasaow " RELEASE OF PART OF REAL "oESTATE FROM MORTGAGE LIEN y- kV FOR VALUE RECEIVED, Badet, Incorporated, formerly The W (,v South Bend Toy Manufacturing Company, an Indiana corporation, mort- gagee in a mortgage dated the 3rd day of June, 1957, given by The kSouth Bend Toy Manufacturing Company, Inc,, an Indiana corporation of St. Joseph County, Indiana, (incorporated May 30, 1957, and presently known as F. & D. Rentals, Inc.) and Benjamin F. Fohrman and John W. Dorgan of the City of Chicago, County of Cook, State of Illinois, and recorded in Mortgage Record No. 690, Pages 584-594, in the records of the Recorder's Office of St. Joseph County, State of Indiana, does hereby release and completely waive from the lien of said mortgage only the following described real estate situated in St. Joseph County, in the State of Indiana, to wit: A parcel of land in the North part of the North- east Quarter of Section No. 13, Township No. 37 North, Range No. 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, wiz: Beginning at the corner formed by the intersection of the East line of High Street with the present South line of said Sample Street in the City of South Bend; said South line of Sample Street being parallel with and 25' South of the North line of said Section No, 13; thence running East on the South line of said Sample Street a distance of Two Hundred Twenty-nine feet and two inches (229 feet 2 inches), thence South on a line parallel with the east line of High Street, a distance of Thirty-five (35) feet, thence northwesterly on a straight line to a point on the East line of High Street which is Fifteen (15) feet South of the point of beginning, thence North along the East line of High Street a distance of Fifteen (15) feet to the place of be- ginning, said parcel of land being taken off of and from the entire width of the North ends of those lots known as Numbers 549-550-551-552 and 553 on the Assessor's Plat Book for taxation pur- poses in the Records of St. Joseph County, reserving such lien and all its rights as to the balance of the r estate described in said mortgage. Witness the hand and seal of said mortgagee this;' { day of April, 1959, BADET, INCORPORATED By�e, 730 vaur , 0f1(11� Edna P. Bad Attest: . w. uone,en, its secretary 'ISTATE OF INDIANA SS: ST. JOSEPH COUNTY Before me, a Notary Public in and for said County and State, came Edna P. Badet and R. W. Goheen, the Er-esident and Secretary, respectively, of said cor- poration and acknowledged on behalf of said corporation the execu- tion of this release. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal this 30th day of April, 1959. %crwv Lillian ChapledNo7ary Pu iission expires: ACCEPTAI,'408 OF OF-PION*re. & R. RFNTALS0jnG,. Attortley for 645 Associates Building, South IX-nd, D'Uimia. Dear 11r. Thc:rnburg ', I a certaln, optl,on &ated Vnarcli 24m, :1959 ,ranted by the Inc. to the UtY Of South Bend, for the purchase by the City. Of oe-fltain land on the south side of Smyrple Street east of 'A , -h Street cz0wonly, Imown as ,math !?4md Toy 76rlrzs,, this letter iS formal notification that, the Pbard of Uvorka 0.- the t f e U 7 Of S011th 9,PM1 311d proceed to -7/le r f sa , 0, t on t ozo- cl oil, c id p i garde r the tems stn,tp�d, thore in. Yo1ws very tr'a'y' "ov,th Bond, Indiana I0 A torn ii REAL ESTATE OPTION In consideration of One Dollar (,1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the undersigned, the undersigned � F & D Rentals, Inc., an Indiana corporation with principal r offices at South Bend. Indiana;, does hereby give and grant Uh to the City of South Bend, Indiana an irrevocable option to r i purchase the following described real estate located in the f% City of South Bend, State of Indiana, which said option is given and granted in lieu of proposed condemnation of such real estate by the City of South Bend, Indiana for the purpose of widening Sample Street: A parcel of land beginning at the Northwest corner of Lot 553 as indicated on the Assessor's Record of Wenger & Kreighbaum's Vistula Avenue Addition, being approximately the Southeast intersection of Sample and High Streets, thence East along the South line of Sample Street to the Northeast corner of Lot 549 in said addition; thence South along the East .line of said Lot 549 a distance of 35 feet; thence on a straight lime Northwesterly to a point on the West line of said Lot 553, which is the East line of High Street, which point is 15 feet South of the Northwest corner of said Lot 553, thence North 15 feet to the place of beginning. it is mutually understood that the tract of land so to be sold and conveyed upon the exercise of this option consists of approximately 5625 square feet and that an accurate legal description thereof is not presently available, but that the description herein will be conformed to an D accurate legal description of such parcel or tract. The consideration for the purchase of the foregoing real estate shall be the sum of Six Hundred Dollars ($600.00),. It will be acknowledged by the exercise of this option that damages will be sustained by the undersigned to the resi- due of the real estate owned by the undersigned and lying adjacent and to the South of the real estate hereinabove described. As a condition to the exercise of this option, the City of South. Bend shall pay such damages resulting to the residuum of such real estate of the undersigned in the amount of Mine Thousand Dollars ( $9, 000.0©) . By the exercise of this option it is mutually acknowledged that there are no assessable benefits to the undersigned to be derived on account of the widening of Sample Street or the acquisition of the real estate hereinabove described as an incident to such purpose. In the event of the exercise of this option, taxes will be prorated as of the date of exercise. An abstract of title embracing the real estate herein - above described will be continued and certified to a date not earlier than the date of the exercise of, this option at the expense of the undersigned and presented to the attorneys for the City for examination. Following examination thereof, the undersigned shall have a reasonable time within which to correct any defects in the title to said real estate adversely M affecting the marketability thereof". The abstract of title shall remain the property of the undersigned and shall be promptly returned to the undersigned after its examination by counsel for the City of South Bend. As further consideration for the conveyance herein and upon the exercise of this option, the City of South Bend agrees that the Southerly line of the parcel of 'lance to be conveyed herein shall become the line at thetop of the exist- ing bank and that approximately one cubic yard of dirt will be permitted to remain at the top of such bank along its entire length to enable the undersigned to make appropriate grading for drainage in its :favor. In addition, the City of South Bend upon the exercise of this option will undertake that the slope of the supporting embankment from said top or South line down to the street level will be graded and maintained in such manner that the adjacent and retained land of the undersigned will not fail from want of support. The City of South Bend., on exercise of this option., also at its expense will cause such bank either to be sodded, imbedded with flagstone or other suitable medium to the end that erosion adversely affecting the retained land of the undersigned will not result and shall continue to maintain such bank in perpetuity in such condition. The City also will suitably grade, sod or otherwise appropriately maintain such embankment for a distance of approximately six (6) feet M beyond the point of taking, to the end that support will be maintained and erosion will be avoided with respect to the corners of such land. This option shall be and remain effective until midnight on the `' day of a 1 The option shall be deemed to have been ex red by the giving of notice in writing to James F. Thornburg, attorney for the undersigned, at 645 associates Building, South Bend, 'Indiana. IN WITNESS WHEREOF, the undersigned has hereunto set its hand on this - '' day of ;�&, , 1959 77� 7 A; Aill, ILI" , IM. ®R 71/ ...... . . .. ... . . mZ (4 ,;1411 X RELEASE OF REAL ESTATE FROM FACTOR'S LIEN FOR VALUE RECEIVED, James Talcott, Inc., a New York cor- poration, and the factor named in the Notice of Factor's Lien dated February 5, 1958, and recorded in Miscellaneous Record 157, Pages 413 d 414, in tee Records of the Recorder's Office of St. Joseph County, State of Indiana, the factor named in the Amendment of Notice of Factor's Lien heretofore filed as Document 33714 dated March 5, 1959, and recorded in Miscellaneous Record 164, Page 596, in the Records of the Recorder's Office of St. Joseph County, State of Indiana, and the factor named in the Amendment of Notice of Faq- tor's Lien heretofore filed as Document 33714 dated March 20, 1959, and recorded in Miscellaneous Record 165, Page 138, in the Records of the Recorder's Office of St. Joseph County, State of Indiana, does hereby release and Completely waive any lien that James Talcott . may have in respect to only the following described (situated In St. Joseph County, in the State of Indiana, to wit:' A parcel of land in the North part Of the Northeast Quarter of Section No. 13, Township No. 37 North, Range No. 2 East, now within and a part of the City of South Bend, bounded by a line running as follows, viz: Beginning at the corner formed by the inter- section of the East line of High Street with the present South line of said Sample Street in the City of South Bend; said South line of Sample Street be- ing parallel with and 251 South of the North line of said Section No. 13; thence running East on the South line of said Sample Street a distance of Two Hundred Twenty-nine feet and two inches (229 feet 2 inches), thence South on a line parallel with the east line of High Street, a distance of Thirty-five (35) feet, thence northwesterly on a straight line to a point on the East line of High Street which is Fifteen (15) feet South of the Point of beginning, thence North along the East line of High Street a distance of Fifteen (15) feet to the place of begin- ning, said Parcel of land being taken off of and from the entire width of the North ends of those lots known as Numbers 549-550-551-552 and 553 on the Assessor's Plat Book for taxation Purposes in the Records of St. Joseph County. IN WITNESS WHF.RFoP v.— seals as of the 3 oV\ day of if - �1 Attest: its 'ff c/' R. J. O'Conno- j STATE OF � ss: 167 PAGE140 C�-��, COUNTY OF Before me, a Notary Public in and for said County and State, came C19 M P 13 ELL and K. T, () I C. 1416 R, the V and respectively, of James Talcott, Inc. and being duly authorized to execute and acknowledge on behalf of said corporation the execution of this release. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal this day of April, 1959. /-�' g C 4 A H. Clifford commission expires: 9 . —�' D —CO