HomeMy WebLinkAbout#315 - Deed; Riverbank Property along West bank of St. Joseph River immediately North of Indiana toll roadTHIS INDENTURE, made this / V ay of April, 1956)
between Irving Trust Company, a corporation existing under
and by virtue of the laws of the State of New York (Cor-
porate Trustee) and James A. Austin (successor Individual
Trustee)7 as Trustees, (hereinafter called "Trustees"), par-
pany, a corporation existing under and by virtue of the laws
of the State of Indiana, with principal office at 2101 Spy
Run Avenue, Fort Wayne, Indiana (hereinafter called "Company"
party of the second part:
WHEREAS, by the Mortgage and Deed of Trust between
the Company and Irving Trust Company and Frederick G. Herbst,
as Trusteesq dated as Of June 1, 1939, and filed for record
among other places in the Office of the Recorder of St.
Joseph County, Indiana on June 29, 1939, and recorded in
Mortgage Record 312, at page 321, the Company did convey the
property hereinafter described unto the said Trustees; and
1XIEREAS, by a certain instrument between the Com-
pany and Richard H. West, dated as of June )+q 1945, and file(
for record among other places in the office of the aforesaid
Recorder on June 11, 1945, and recorded in Miscellaneous
Record 83, at page 5669 the said Richard H. West was appoin-
ted by the Company as successor Individual Trustee under
said Mortgage and Deed of Trust and accepted such appoint-
ment; and
WHEREA92 by a certain instrument between the Com-
pany, Irving Trust Company and James A. Austin dated as of
June 19, 1950, and filed for record among other places In
the Office of the aforesaid Recorder on June 22, 1950, and
recorded in Mortgage Record 497, at page 184, the said
James A. Austin was appointed by the Company and Irving
bt,jCii
Company as successor Individual Trustee under said Mortgage
and Deed of Trust and accepted such appointment; and
i
WHEREAS, said Mortgage and Deed of Trust has been
amended and supplemented by the instruments hereinafter f
listed, which instruments are identified, dated and recorded
in the Office of the aforesaid Recorder as follows:
I
Recorded
1nsLrumenz Date ececorurage
Indenture Supplemental 9/1/48 451 390
i
Indenture Supplemental 6/l/50 1+97 189
Indenture Supplemental 1/l/52 y46 11+6
Indenture Supplemental 9/l/53 590 15
Indenture Supplemental 10/l/51+ 616 134
and
AREA, the Company has requested the Trustees
i; to release the property hereinafter described from the lien,
of said Mortgage and Deed of Trust, as amended and supple- }
�ij mented, in order that the Company may sell and convey the 1
said property clear, free and discharged of and from such
lien; and
WHEREAS'., the Company has complied with all the
terms and conditions of said Mortgage and Deed ,of Trust, as
amended and supplemented, with respect to obtaining the re-
lease of the property hereinafter described from the lien
jthereof;
NOW, THEREFORE, THIS INDENTURE WITNESSETH:
That the Trustees, for and in consideration of the
f,
�F deposit with the Corporate Trustee of the sum of One
thousand Dollars (sT,000.00), represented by the Company
to be the ra1r vaa.,ue or the property 11ereby released, t-fte
�; receipt of which is hereby* acknowledged, have released,
quitclaimed and set over, and by these presents do release,
quitclaim and set over unto the Company, its successors and
assigns, all their right, title and interest as Trustees as
aforesaid in and to the mortgaged property located in St.
Joseph County, Indiana, and hereinafter particularly des-
cribed, excepting, however, the right, privilege and ease -
privilege and easement as follows:
"The following described real estate
situated in German Township, St. Joseph County,
Indiana, to -wit:
A tract or parcel of real estate containing twelve
and 92/100 (12.92) acres, more or less, situated
in the Southwest Quarter (1/1) of Section 23,
Township No. 38 North) Range No. 2 East, bounded
and described by line running as follows: Begin-
ning at a point in the South line of said, Section
23 at a point three thousand eight hundred nine
teen (3819) feet East of the Southwest corner of
the Southeast Quarter (1/4) of Section 22, Town-
ship and Range aforesaid; thence North 2 degrees
15 minutes West, one hundred thirty-three (1.33)
feet; thence North 9 degrees 30 minutes East, one
hundred ninety-seven (197) feet; thence North 12
degrees 45 minutes East two hundred eighty-one
4 and 5/10 (281.5) feet; thence North 17 degrees
15 minutes East, two hundred eighty-one (281) feet;
thence North 16 degrees 15 minutes East, one hun-
dred seventy-five and 5/10 (175.5) feet; thence
North 4 degrees 15 minutes West, seventy and 5/10
(70.5) feet; thence East to the low water line of
the left bank of the St. Joseph River; thence up-
stream along said low water line of said left
bank of said river to the South line of said
Section 23; thence West along said South line of
said Section 23 to the point and place of beginning.
Being a portion of the real estate conveyed to South
Bend Power Company by Elizabeth G. Keltner, et al,
by deed dated April 15 1909) and recorded in the
Recorder's Office of S . Joseph County, Indiana, in
Deed Record 141 at page 297, and also a portion of
the real estate conveyed by the said South Bend
Power Company to Indiana & Michigan Electric Company
by deed dated October 299 1935and recorded in tlxa>
Recordorls orrice or St. Joseph county, Indiana., in
Deed Record 278 at page 108 et seq.
The Indiana &IMiichigan Electric Company reserves
unto itself its successors and assigns, the per-
pretual right, privilege and easement to overflow
with water and to pond water over, upon and through
_ 3
f
4/( r , 1
the above described real estate by reason thou" ,
erection, operation and maintenance of a dam or OFF q
dams that may be, from time to time, hereafter con-
structed across or upon the St. Joseph River by
Indiana & Michigan Electric Company, its successors j
:«
or assigns; provided, however, notwithstanding said
reservation, the City of South Bend or its assigns
"
a
shall have the privilege, to the full extent Indiana
`"'C4&
Michigan Electric Company has the rightJ'to grant
such privilege, and at the risk and expense of the
South
z
rw. y-f
clty o:' Bend or its assigns, to fiWl any past
`tj
^-� c
or all of said real estate with such materials as
they may desire, and to construct, repair, replace
�ji
and maintain such structures, dikes, and/or re-
taining walls thereon as they may desire.
TO HAVE AND TO HOLD the said property hereby re-
leased to the Company, its successors and assigns, to its
1I
jiand
their own proper use, benefit and behoof forever, clear,
free and discharged of and from any and all liens or claims
under and by virtue of said Mortgage and Deed of Trust, as
amended and supplemented as aforesaid.'
It is expressly understood that no part of the prop
erty covered by and subject to the said Mortgage and Deed of
Trust, as amended and supplemented as;
discharged or released therefrom, other than the property
above described, and that nothing herein does in any way
affect or impair the right of the said Trustees to hold the
said Mortgage and Deed of Trust, as amended and supplemented
as aforesaid, for security as therein provided on the re-
mainder of the premises and property thereby conveyed or in-
tended so to be, and not heretofore released from the lien �
of said Mortgage and Deed of Trust, as amended and supple-
mented as aforesaid,
IN WITNESS WHEREOF9 and as Trustees under the Mort /
gag'a and D� F a or Trust s a. amezxaaa . and suFFS., mantod z m a_rc'r--
said:, the Irving Trust Company has caused this writing to be
1
signed by its Vice President) and its corporate seal to be
hereunto affixed$ duly attested by its Assistant Secretary,
under authority duly given, and the said James A. Austin has
hereunto set his hand and seal, all of which is done this
I
day of April, 1956.
LnV.LrjU -XAUC'-X k;ugw�i�.
as tdrpor'ate''Ttuttee
Vlce President'
Attest:
Assistant Secretary(
7
�-L L M'L7
�As j
ff I
I-n-d-iVidnal Trustee
IN
rr
STATE OF NEW YORK
) as-
0
COUNTY OF NEW YORK )
fare me Certify that on this day of April,, 1956y be_
GEO.R.HENRY a, Not ,,a,ry Public in and
for said County and State ap pe are
Me personally known and known X to
Irving Trust Company and Own to me *t 0 be a Vic'0 President of
the foregoing instrument, the person whose name is signed to
whog berg
posed and gby me Quly sworn.,,de-
said that he resides a
that he is a Vice President
ofwIrving trust Companyj that he
knows the corporate seal of said corporation; that the seal i
affixed to the foregoing instrument is the corporate seal of I
the said corporation; that it was so affixed by order Of said
corporations and that he signed his name as
of said corporationt Vice President
, o;�_said instrument by like order; and
thereupon said M, /
9 acknowledged that he
signed said instrument as his free and voluntary act and that
said corporation executed said instrumentp as Corporate
Trustee, as its free and voluntary act for the purposes and
uses therein set forth.
twl i
-!;Pf f Ic
IN WITNESS
WHEREOF I
I have hereunto
�ial
V
seal thi s
day
set my hand and
of April
,1956. ,
. . . ...... . ..
Notary Public
STATE OF
NW,, yOpK
lgCounty
COUNTY OF
SS:
co of riled with My. cor clerk
Commission
NEW YORK
ENplres March $0, 19U7
FROM fl
,1
I certify that on this /"�"'day of April, 1956, be-
fore me,
GEOR. HENf2y
a Notary Public in and for
said County and State
sonally known and appeared James A. Austin, to me per-
'
known to be the individual whose name is
10, signed to the foregoing instrument) whot being by me duly
sworn, deposed and said that he resides in Scarsdale, Rew York; and thereupon James A. Austin acknowledged the execu-
N tion of the foregoing instrument, as Individual Trustee) as
his free and voluntary act for the set forth. Purposes and uses therein
IN FITNESS
rMREOF I have hereunto set A,
ilclal seal this, MV1 1: and
,/�,'�`day of 'April
e
R. HENRY
N.,
statO Of Now York
In woa C",ty.
Cor"fic-tO IFilod wall N.Y. Co.
Cannnlxglpn EXPIros Marti, �sO, 1957
6
gp
C,
i'd
411
DULY ENTERED FOR T'po�IUICMPM
KLIEISER
AUDITOR
Sad`. JOSE.PH CO.- INDIAMA,
4A W
e." u
D E B D
THIS INDENTURE WITNESSETH that INDIANA & M
corporation of the State of Indiana, the Grantor, RELEASES AND
.thout Warranty to 'the CITY OF SOUTH BEND, a municipal corporatl
County, Indiana, the Grantee, its successors and assigns, for and in
tion, the receipt whereof is hereby acknowledged.
The following described real estate situated in German
Township, St. Joseph County, Indiana, to wit:
A tract or parcel of real estate containing twelve and
92AOO (12,92) 1 acres, more or less, situated in the South-
west Quarter (i-�) of Section 23, Township No. 38 North,,
Range No. 2 East, bounded and described by line running as
foll%Ts: Beginning at a point in the South, line of said
Section 23 at a point three thousand eight hundred nineteen
(3819) feet East of the Southwest corner of the Southeast
Quarter (i) of Section 22, Township and Range aforesaid;
thence North 7 degrees 15 minutes Kest, one hundred thirty®
three (133) feet; thence North 9 degrees 30 minutes East,
one hundred ninety-seven (197) feet; thence North 12 de, rees
45 minutes East, two hundred eighty-one and 5110 (281M
feet; thence North 17 degrees 15 minutes East, two hundred
eighty-one (281) feet; thence North 16 degrees 15 minutes
East, one hundred seventy-five and 5/10 (175.5) feet; thence
North 4 degrees 15 minutes West, seventy and 5/l0,(70,.5/)_
feet; thence East, to the low water line of the lehbank'of
the St. Joseph River; thence upstream along said low water
line of said left bank of said river to the South line of
said Section 23; thence West along said South line of said
Section 23 to the point and place of beginning.
Being a portion of the real estate conveyed to South Bend Power Company
by Elizabeth G. Keltner, et al, by deed dated April 15., 1909, and recorded
in the Recorderts Office of St. Joseph County, Indiana, in Deed Record lhl
at page 297, and also a portion of the real estate conveyed by the said
South Bend Power Company to Indiana & Michigan Electric Company by deed
dated October 29, 1935, and recorded in the hecorder's Office of St. Joseph
County, Indiana, in Deed Record 278 at page 108 et seq.
The Indiana & Michigan Electric Company reserves unto itself, its
successors and assigns, the perpetual right, privilege and easement to over-
L-3-auT with water and to pond water over, upon and t
real estate by reason of the erection, operation and, maintenance �, ot
dams that may be, from time to time, hereafter constructed across or ul
St. Joseph River by Indiana & Michigan Electric Company,, its
assigns; provided., however,, notwithstanding said reservation,, the Ci
South Bend or its assigns shall have the privilege., to the full ext(
Indiana & Michigan Electric Company has the right to grant
and at the risk and ,expense of the city of South Bend or its assigns, to fill
any part or all of said real estate with such materials as they may desire.,
and to construe, repair, replace and maiintaln such structures, dikess and/or
retaining walls thereon as they may desire. BOOK �4 4
Subject to any and all rights that the publics St. Joseph County,,
or any other governmental unit may now have in :sa3.d land for highway, drain'
age and sewer purposeso
6
Subject to the reservations and rights to the timber on said real
the right to enter and remove the same, and the right to past and
estate,
g'ure
f'
farm said real estate reserved by Elizabeth G. Keltner, Helen M. Garwood,,
ff
and Ezekiel G. Garwood in the aforesaid deed to South Bend Power Company
dated Apr•.i1. 15, 1909, and recorded in St. Joseph County, Indiana, Deed Record
i
141 at page 297.
Subject to any state of facts an accurate survey might show, and to
i
conditions and restrictions of record pertaining thereto.
l
Subject to taxes for the year 1955, payable in 1956.
Iff WITNESS WHEREOF, the Indiana & 'Michigan Electric Company has
;
caused its corporate name to be hereunto subscribed and its corpq;#,, e4 seal to
ZP.
be hereunto affixed by its officers thereunto duly authoriz,,ek�
� w �
� yesi c
of April , 1956®
i
4
IGAN(,CTF"AP,Iy
'U A,,,000�.
I�
? R F. IM Y I °: r1�7^ k COP a V
t
yen
�
yr� C«U.Sorenso Qice President
ATTEST: