HomeMy WebLinkAbout#302 - Deed; Sample Street - Widening on North side immediately E of S michigan StCity of South Bend
South Bend, Indiana
Gentlemen:
M. Gilbert and
tion, is the lessee oX
situate in St. Joseph
C
SEP 2
of plan wo & on"I'M
IN RE: Release of lease
Sons Company, Inc., an Indiana corpora -
the following described real estate
County, Indisma:
A part of lot Numbered 17 as shown on the recorded
Plat of Bronson's Survey in the City A Muth Bend,
as surveyed by M. W. Stokes, County Surveyor, June
4th, 1359, and recorded in Plat Book No. 1, page
66, in the office of the Recorder of St, Joseph
County, Indiana, and made a legal plat by the laws
of Indiana, Chapter CLU11, Acts of 1895, which
part is described as follows, viz:
BeginninG at a point 105 feet South of the North-
west corner of said lot Numbered 17, thence running
South along the East line of Michigan Street a
distance of 40 feet to the ibrth line oX Sample
Street as now located; thence East 158 feet more
or less to the West line of a public alley as now
established; thence North 40 feet along the West
lize of said alley; he West 158 feet more or
less to the plane of beginning.
For One ($1,00) Dollar and other valuable consideration
we do hereby release and terminate our interest in said lease
in order that the City of South Bend may acquire title to the
above described real estate free of this leasehold interest
which we now have therein- Simultaneously with the delivery,
of this release, we hereby acknowledge that we haxe no further
interest or claim to any leasehold interest Tn"said real
estate and that our unrecorded lease Is hereby terminated and
declared by us to be of no further force and effect.
In consideration for the release of our loasehold
interest in the Above described real estate, we are to have
the right to continue to occupy said promises as a parking
lot, free of rent, for —a period of two (2) years from the
date hereof, or our right to continue to occupy said promises
shall expire when the City of South Bend begins actual con-
struction work on the widening of Sample Street adjacent to
said property, whichever date is earlier.
City of South Bond -2- July 28, 1958
From the date of this release 09 our interest In the
lease to the above described real estate and for so long as
same has be used by us, we agree to carry public 21ability
end property damme insurance coverage and agree to same
the City of South Bend harmless Kota any cause or claim
arising by reason of our use of said property.
The foregoing release has been duly authorized by
resolution of the Board of Directors of N. Gilbert and Sons
Company, Inc.,
Submitted and executed this 0607 day
Accepted for the City of South Dend, Indiana
BOARD W PUBLIC WUM AND SAFETY
X
11
City of South Bend
South Bend, Indiana
IN RE: Release of Lease
safety
TY1. Gilbert and Sons Company, Inc., an Indiana corpora-
tion, is the lessee of the following described real estate
situate in St. Joseph County, Indiana:
A Part of Lot Numbered 17 as shown on the recorded
Plat of Bronson's Survey in the City of South Bend,
as surveyed by M. W. Stokes, County Surveyor, June
4th, 1859, and recorded in Plat Book "No. A, pa'gb`
66, in the office of the Recorder of St. Joseph
County, Indiana, and made a legal plat by the laws
of Indiana, Chapter CLXIII, Acts of 1895, which
part is described as follows, viz:
Beginning at a point 105 feet South of the North-
west corner of said Lot Numbered 17, thence running
South along the East line of Michigan Street a
distance of 40 feet to the North line of Sample
Street as now located; thence East 158 feet more
or less to the West line of a public alley as now
established; thence North 40 feet along the West
line of said alley; thence West 158 feet more or
less to the place of beginning.
For One ($1.00) Dollar and other valuable consideration
we do hereby release and terminate our interest in said lease
in order that the City of South Bend may acquire title to the
above described real estate free of this leasehold interest
which we now have therein. Simultaneously with the delivery
of this release, we hereby acknowledge that we have no further
interest or claim to any leasehold interest in said real
estate and that our unrecorded lease is hereby terminated and
declared by us to be of no further force and effect.
In consideration for the release of our leasehold
interest in the above described real estate, we are to have
the right to continue to occupy said premises as a parking
lot, free of rent, for a period of two (2) years from the
date hereof, or our right to continue to occupy said premises
shall expire when the City of South Bend begins actual con-
struction work on the widening of Sample Street adjacent to
said property, whichever date is, earlier.
City of South Bend -2-
From the date of this release of our interest in the
lease to the above described real estate and for so long as
same shall be used by us, we agree to carry public liability
and property damage insurance coverage and agree to save
the City of South Bend harmless from any cause or claim
arising by reason of our use of said property.
The foregoing release has been duly authorized by
resolution of the Board of Directors of Id. Gilbert and Sons
Company, Inc.,
Submitted and executed this 3,157 day
of 11V1- K 1958.
M. GILBERT"T'D SONS COMPANY, INC.
By
ATTEST P-r e jj -3a-e-n-f
By
Secretary
Accepted for the City of South Bend, Indiana
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Return to:
Board of Public Works & Safety
City Hall
South Bend, Indiana
PARTIAL 1DffF1.78'G1, RELEME
FOR VALUE RECEIVED, the St. Joseph Bank and Trust Company, South Bend, Indiana,
hereby
roleascs from the operation of a mortgaEe executed by Frederick K. Baer and
Jeannette Baer, I-lis ".4ife, to the St® Joseph Bank and Trast Company, South Bend, Indiana,
dated Iftay 1.5, 1956 and recorded May 16, 1.956, in 11fortgage Record 660, pages 429-437, of
t-ie records of St. Joseph County, Stote of Indiana, the fo,tlowing described real. estate,
to -wit t
A part of Lot Numbered 17 as shown on the recorded Plat of Bronson's Survey
in the City of South Lend, as surveyed by M. 1,T. Stokes, County Surveyor,
June 4th, 1859, and recorded in Plat Book No. 1, page 66 in the office of the
Recorder of St. Josenh County, Indiana, and made a legal plat by the laws of
Indiana,, Chapter CLXill, Acts of 1895, which part is described as follows, vine
Beginning at a point 105 feet South of the Northwest corner of said Lot Numbered
17, thence running South along the East line of Tlichigan Street a distance of
40 fee -to the North line of Sample Street as now located; thence East 158 feet
more or less to the ?-Test line of a public alley as now established; thence North
40 feet along the 7iTest line of said alley; thence 'Jest 158 feet more or less to
the place of beginning
It should be understood, however, that trils is a partial release only and operates
to release from said mortgage the :fore going described real estate only, and that the said
mortgage is to remain in full force and effect as to the remainder of the real estate des-
cribed therein.
ITT 'JITNES-S the said St. Joseph Bank and Trust Company, South Bend, Indiana,
an Indiana Corporation , has caused its corporate name to be signed and its seal affixed and
Q b:,,- its dul,,,r authorized officers, W, �^T. Bruxrami.tt, Vice President and Joseph J.
Inlosmar, Assistant Cashier, this 13th day of August , 1958.
TE� S T I j
ep Aq--IsTcnt Cashier
STATE' Of'T IMIANA
) SS:
r1()MITTV Or (IT T r) ".r rn-r
ST. JOSEPH BA1.T?,' AND TRUST COMPA�Iff
SQUTH Ems; INDL�ANA
B)T:
\-7, .Tt, vice rme��enL�,
rn
rn x
5-i
M
me, the undersigned, , a Notary PubliC
Pe, fore in and for said County and State, this
13th.da, ot
1958, personally appeared the within named W. W. Brummitt and Joseph
"OSSA r; �C-5 ec, ively the 'lice President and Assistant Cashier of St. Joseph Dank and trust
Con a youth',a
Bend, Indian, an Indiana Corporation, and acknowledged that they respectively I
ig-,j he name and affixed and attested the corporate seal of the said corporAtion
to, tbl,
Or i -ng;, for arLI on behalf of said corporation, as its voluntary act and deed,
'
,purposos heroin mentioned,
II'T I have hereunto subscribed my narne and affixed my official seal.
?,fy Commission Expires., October 6, 1958 2
Clara E. Barnes, Notary PublTc
I
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Boax
Of St.Joseph County in the State of Indiana
Conveys and warrants to CITY 03F SOUTH BEND, a municipal corporation,
Of St.Joseph County in the State of Indiana
for and in consideration of --TEN THOUSAND ONE HUNDRED EIGHTY ($10, 180. 00) DOLLARS --
the receipt whereof is hereby acknowledged, the following Real Estate in St.Joseph County
in the State of Indiana, to wit:
An undivided one-third (1/3) interest in and to a part
of Lot Numbered 17 as shown on the recorded Plat of
Bronson's Survey in the City of South Bond, as surveyed
by M. W. Stokes, County Surveyor, June 4th, 1859, and
recorded in Plat Book No. 1, page 66, in the office of
the Recorder of St. Joseph County, Indiana, and made a
legal plat by the laws of Indiana, Chapter CLXIII, Acts
of 1895, which part is described as follows, viz:
Beginning at a point 105 feet South of the Northwest
corner of said Lot Numbered 17, thence running South
along the East line of Michigan Street a distance of 40
feet to the North line of Sample Street as now located;
thence East 158 feet more or less to the West line of a
public alley as now established; thence North 40 feet
along the West line of said alley; thence West,158 feet
more or less to the place of beginning
4.L, 01
CS
State of 4to4ocno, St. Joseph County, ss:
Before ine, the undersigned, a Na t7 Public in and for said County
and State, this, day Of 3 / L/ VL19dlpersonally appeared:
Oscar Gilbert and Ethel Gilbert,
his wife,,,,,,,
76
And aellot4w d t4@rel�oMttart' Hof the foregoing deed. In witness
whereat LWo subscribed ,ray
name and axed my official
7i,
,
seal. my Continission, expires
of
Seal
Ethel.-UllberSeal
Seal
Seal
Prepared by the low office of Frederick K. Baer, 218 1,0.0.F.
Member of st. Joseph County
MAIL TO: Board of Public Works & Safety, City Hall, Sa
coPynl(
.1 South Bend, Ind:
r Assoeiation
Annei - Tridiana
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GUARDIAN'S DEED
STANLEY S. GILBERT, Guardian of Patricia Frances Gilbert,
Stephen Unger Gilbert and Ellen Frederica Gilbert, as such
-0i"'t'lie Probate Court of st. joseph County,
Indiana, entered in order book of said Court, on Page
conveys to
CITY OF SOUTH BEND, a municipal corporation,
in the State of Indiana, for the sum of TEN THOUSAND ONE HUNDRED
EIGHTY ($10,180.00) DOLLZMS, the following real estate, in
St. Joseph County, in the State of Indiana, to -wit:
An undivided one-third (1/3) interest in and to
Q__ a part of Lot Numbered 17 as shown on the recorded
oN Plat of Bronson's Survey in the City of South Bend,
as surveyed by M, W. Stokes, County Surveyor, June
4th, 13,59, and recorded in Plat Book No. 1, page
66, in the office of the Recorder of St.
Joseph
County, Indiana, and made a legal plat by the laws
of Indiana, Chapter CLXIII, Acts of 1895, which
part is described as follows, viz:
wq
Beginning at a point 105 feet South of the North-
west corner of said Lot Numbered 17, thence running
South along the East line of Michigan Street a
distance of 40 feet to the North line of Sample
Street as now located; thence East 158 feet more
or less to the Nest line of a public alley as now
"established; thence North 40 feet along the West
,line of said alley; thence 'West 158 feet more or
less to the place of beginning.
IN WITNESS 'WHEREOF, the said Stanley S. Gilbert, Guardian
as aforesaid, has hereunto set his hand and seal this 9/-Vrday of
0
y s. u ,4iDerz,
STATE OF INDIANA
A
I
ST. JOSEpH COUNTY COOK
Before me, the undersigned, a Notary Public in and for
said County and State, this 21Sr day of r , I
If
Return to: Board of Public Works and Safety, Citjx Hall, South Bend, Indiana
personally appeared Stanley S. Gilbert, Guardian of Patricia
Frances Gilbert, Stephen Unger Gilbert and Ellen Frederica Gilbert
and acknowledged the executionof the foregoing Deed,
Tm VITTNESS WHEREOF, I have hereunto subscribed my name
and affixed my Official
seal. JL iYAGbI i
'7' V,
My commission expires:
October 26, 1961.
Examined and approved in Open Court this day of
1953.
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OR
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271 Z 9 0711,
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514,194"'S
RELEASE aF OPTION
For one ($1.00) Dollar and other valuable consideration,
Paul D. Gilbert, and Ina Gilbert, his wife, and Stanley S.
Gilbert, and 11uriel Gilbert, his wife, do hereby release
Oscar Gilbert, and Ethel Gilbert, his wife, from the terms of
an Option Agreement dated April 1, 1957, with respect to the
following described real estate, only, which real estate is
located in St. Joseph County, State of Indiana, and is
described as follows:
An undivided one-third (1/3) interest in and to
a part of Lot Numbered 17 as shown on the recorded
Plat of Bronson's Survey in the City of South Bend,
as surveyed by 1d. W. Stokes, County Surveyor, June
4th, 1859, and recorded in Plat Book No. 1, page
66, in the office of the Recorder of St. Joseph
C31 C= LU
County, Indiana, and made a legal plat by the laws
of Indiana, Chapter CLXIII, Acts of 1895, which
part is described as follows, viz:
LO (f)
Beginning at a point 105 feet South of the North-
west corner of said Lot Numbered 17, thence running
".'K
South along the East line of Michigan Street a
0 Uj cc
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W
distance of 40 feet to the North line of Sample
Street as now, located; thence East 158 feet more
or less to the West line of a public alley as now
established; thence North 40 feet along the West
line of said alley; thence Idest 158 feet more or
less to the place of beginning,
The undersigned, for themselves,, their heirs, administra-
tors, successors and assigns, do hereby agree that said option
is to be of no further force and! effect with respect to the
above described parcel of real estate and they will not seek to
exercise said option,
The option above referred to was placed of record on
May 13, 1957 in Miscellaneous Records Book 153, Pages 299-301
of the office of the Recorder of St. Joseph County, Indiana.
The release of the above option is to enable the said
Oscar Gilbert, and Ethel Gilbert, his wife, to make conveyance
by sale of his interest in said real estate to the City of
South Bend, Indiana,
3
IL U
Return to: Board of Public Works & Safety FAG J
City Hall
South Bend, Indiana
IN WITNESS �jjjBREOF, the parties have hereunto set their
hands and seals this day of 1958.
au au D. Gilliert
RUA
Mur'i'"el G"'ilbert",
STATE OF INDIANA
) SS:
ST. JOSEPH COUNTY )
Before me, a Notary Public in and for the County and
State aforesaid, personally appeared Paul D.Gilbert and Ina
Gilbert, his wife, and Stanley S. Gilbert, and Muriel Gilbert,
his wife, this _jZSrday of e ) 1958, and
acknowledged the execution of the foregoing instrument as
their voluntary act and deed.
ltojy Public
scion expires:
M, Gilbert & Sans Company, , Inc.
813 South Michigan Street
South Bend, Indiana
We have your Release of Lease dated July
to the forty• of land purchased from 7q%u-pef
®r . . m.: :. 17 as r .: recorded 'Plit
of Bronson's Survey in the City of South Bend, Indiana,
As additional and further consideration for the
release of your lease to said forty (401 ) feet, we ages
that the attendants' building, lighting fixtures, signs,
and other miscellaneous personal property located on.
said real estate shall be your property and that you
may retain same whenever the City of South ,Send actually
takes possession of said property.
Bated this /1/1-�-
day of August., 1953
Cr+' THE CITY OF SOUTH B ND
9Gilbert & Soto mpa Inc
813—South Miohigan.Streot
South Bard, Indialn011
Gentlemen:
ReleaseWe have your e
to tho wwfeet of ,r
WU obowne on Me
of Bronsonis stWvoy in t�� city of South Bondo Indiana.
As additionaland further ons d rat iaa for M
release of your lease to said Batty (4 ") eet$ we agree
that the attendants' build go ligKing f0tureso s1gnsj,
and othor miscollaneous personal properpy located can
said real estate shall be your property and thatyou
say retain same wbanover tbo City of South Bond actually
takes possession of sai
Led `whir ��. day of August, 19580.
Sou"b', norldlrw,� a,
at"Noxt
of lExectse t'latod July ,2,C3,O, I-0,
to, tiv,, I'llort-i (4,01) " oljand jp�uvoluazed f:Vmn Voll Of"T
a par"t Of, r0b, WItIvInber,00cl 17 a0, also wa on Wao woodralod lat,
()g in Wxe, (3,11;y *9 South Bond,* IrIcIUM&O
As addItIonal ajvlj, turthaor oonazic',Ierut, Lon :�Or
lonoo t","'o Sald torte (400) footo we a(,po
that Who 084, airp
IgAtingz 1"bituz,
wacl othcir, property looatbod on
ur lltj real, oatatc oxmll bio yotw propol % a tbal;
v,,c)tv.1n, ecla"30 tlrm City ,*,V !,aath 1,)Ond 4,0�'Mlllly
ol, 0a,"Id 1��,,nvporty.
PrZatecl, Olcjn, of Aur, Stp
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Transfei-
Taxinw Unit
--4-
GUMIDIAN'S DEED Date 44 644z"s wmttff
PAUL D. GILBERT, Guardian of Roslyn Sue Gilbert and Neil
Lee Gilbert, as such Guardian, by Order of the Probate Court of
St. Joseph County, Indiana, entered in uraer j3ooic
Court, on Page - , conveys to
CITY OF SOUTH BEND, a municipal corporation,
in the State of Indiana, for the sum of TEN THOUSA14D ONE, HUNDRED
EIGHTY ($10,180.00) DOLLIMS, the following real estate, in
St. Joseph County, in the State of Indiana, to -wit:
An undivided one-third (1/3) interest in and to
apart of Lot Numbered 17 as shown on the recorded
Plat of Bronson's Survey in the City of South Bend,
as surveyed by M, W. Stokes, County Surveyor, June
4th, 1859, and recorded in Plat Book No. 1, page
66, in the office of the Recorder of St. Joseph
County, Indiana, and made a legal plat by the laws
of Indiana, Chapter CLXIII, Acts of 1895, which
part is described as follows, viz:
Beginning at a point 105 feet South of the North-
west corner of said Lot Numbered 17, thence running
South along the East line of Michigan Street a
distance of 40 feet to the North line of Sample
Street as now located; thence East 158 feet more
or less to the West line of a public alley as now
established; thence North 40 feet along the West
line of said alley; thence West 158 feet more or
less to the place of beginning.
IN WITNESS WHEREOF'
v the said aul D. Gilbert Gu dian aE
aforesaid, has hereunto set his hand and seal this j)ridary o:k
c%U4 4, 1958.,
lC4
,I Paul D.Gilbert',- Guaran7 an X, 7 e
STATE, OF
INDIANA
SS:
cruf
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for
said County and State, this ?IS7- day of ZV4 e , 1958,
�personally appeared Paul D.Gilbert, Guardian of Roslyn Sue Gilbert
Return to: Board of Public Works and Safety, City Hall, South Bend, Indiana
and Neil Lee Gilbert, and acknowledged the execution of the fore-
going Deed,
IN WITNESS VINEREOF, I have hereunto subscribed, mP,.,,,,qame
and affixed my Official seal.
IdY commission expires:
—.2
§ Va
� ramp
Q1 I P
Examllned and approved in Open Court this day of