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HomeMy WebLinkAbout#323 - Deed; Simon CtPASTQR'5 AJA)ITI UN Da% TO CITY OF SOUTIi E3END ST. ­!" —D1 AILA,?— PASTOW S PLAT is located in the Northeast (4tiarter, of Section 17 Township 57, North Range, 3 East, South Bend, Ste Joseph County Indiana and is a replat of J,ot No.379 Ford's Sub -division; also Lots 82 to 89 inclusive in Riverdale Second Plat, vacated rP,ni"q-..T q4vth st, West half of vacated. alley on East Side and Immediately South Of the Southerly line of Riverdale Second Plat and the Northerly line of St, Joseph River, more par- ticularly described as follorls'. To Wit. Beginning at a point on the South line of North Side Boulevard, 186 ft,,,, west of the 34'ast Line Section 17, Township 37 North Range 3 East (center line of Logan St.); thence South 69 degrees 42 minutes and 48 seconds West along the South line of SaI6� N6rth Side Boulebard, V, (jistance of .568 feet; thence South Zero degrees, 3 minutes ar(i 34 seconds East a distance of 38903.0 fte the northerly edge of Ste Joseph River;, thence up Stream North 66 degrees, Fifty Nine minutes qnd .1.0 seconds East along said St ' or 'Joseph River a *th 62 degrees, distance of 1.99-76 fto, thence V 36 minutes and. 28 seconds East along Northerly edge of St. Joseph River a distance of 207.10 ft., thenee North Zero degrees and. Zero minutes, a distance Of 200 ft. to the South line of North Side Boulevard, the place of beginning, The plat contains 4 lots numbered from one to four inclusive. The size of the lots and width of North Side Boulevard. are marked In feet and fractions thereofe The easements shown on plat are reserved for the installation and maintainence of Public Utilities. No permanent structure shall be erected or maintained upon any of the gasementso DATED AND SEALED this y7_ day 1956. PPROV DO D OT PUBLIC WORKS SAFETY mar e as ore N V1 3195& 401� STATE OF INDIANA COUNTY OF ST. JOSEPH S.S. I Before me a Notary Public of the aforesaid State and County on this of, 1956 appeared John M. pastor and Marie L. Pastor, husband and wife and acknowledged the execution of the Plat to be their voluntary act and deed® V U.0 WI Theo E. Verleye res My commission expi 'J" PLAT Of McKINLEY TERRACE ADDITION, SECTION "C", BEING A REPLAT OF A PART OF LOT NO. 79'3, AS SFUWN ON THE RETjRDED PLAT OF McKINLEY TERRACE ADDITIONp. SECTION "B" The annexed Plat of McKinley Terrace Additions is 'a siubdi'viii, 6f''a part 61"t' "N-6.'793, as shown on the recorded Plat of MCYinl(;.,y Terrace Addition, Section "B", des- cribed as follows: A part of Lot 793 of the recorded Plat of McKinley Terrace Addition, Section "W', situated in the North 1/2 of Section 5, Township 37 North, Range 3 East, south Bend, Indiana, described to -wit, Beginning at the Southeast corner of Lot 793, MKlnley Terrace Addition, Section "B", which point is also the North- west corner of Corby Street, and Manchester Drive; thence North along the Easterly line of said Lot 793 and also the Westerly line of Manchester Drive, a distance of 450 feet; thence Westerly 410 feet, parallel with and 450 feet North of the North line of said Corby Street; thence South 450 feet, parallel with and 410 feet West of the West line of said Maache,s,ter, IPr,,L thence East 4i0 f66't along t '0" s 6`1111 Corby Street to the Place of beginning. and The size of the lots/the width of the streets are marked on the Plat in feet and fractions thereof. The streets thereon pp indicated are dedicated to the public for its use as public thoroughfares. The Plat contains 18 lots, numbered from 794 to 811 Inclusive. Easements as shown on the Plat are reserved over each lot not OnlV for nublic utllit.tpq 4nqt.n11n+qn-n mnfi also for drainage PurPoses. No permanent erected or maintained upon such easements be undertaken or work done which would rupt the uses of such easements for su4��' i PROTECTIVE 0:)VENA1 TS KNOW ALL MEN BY THESE PRESENTS, that Andrew S. Place, Georgia E. Place, James F. Peacock and Mary Anna Peacock, owners of the tract of land known and described as McKinley Terrace kddi" T , to'n ""'C"Y", herewith appended, and all persons acquiring title to or interest In any of the several lots in such addition, do hereby covenants one with the other, that the following restrictions appertaining to the Improvement, use and occupation of each of such several lots in such addition, for the period and with the limitation hereinafter prescribed, shall govern and be applicable; A. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1983, at which time such covenants shall be automatically extended for successive periods of ten ars uric"es6'°`ley a" vote of a majority of the then owners of the lots, it is agreed to change these covenants in whole or in part$, B. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the Covenants herein, it shall be lawful for any persons or person owning any real property in said addition to prosecute any proceedings at law or in, equity against the persons or person violating or attempting to violate any such Covenants and either prevent h I m or them from so do I nig- 6y,- td- ,kr dues for such violation C. Invalidation of any one of these Covenants by judgment or Court Order shall In no wise affect any of the other P*rovis,tons which shall remain in full force and effect," D . The premises shall be used for private single family residence, purposes 0,111y, and no building of any, kind whatever excePtlng stic'h b ull"'ngs Or" sti"ut"ttfres as may be Incidental to residential use and which are, approved In writing by the Com_ mittee provided for In Paragraph 1�"- hereof,, shall be erected or maintained thereon; No building shall be erected, Placed or altered on any, building lot in this subdivision until thc building plans, Specifications, and plot Plan showing the location of such building have been aPProved In igriting as to conformity and harmony Of external design with the existing structures in the subdivision, and as to location of the building with respect to topography and finished ground elevation', by a commi-tt-46 of I�Iilll.3-m S. 'Moore, Callix E- Mille;rs and Andrew S. Place, or by a representative designated by a majority of the members of such committee. In the event Of the death or resignation of any member of such committee, the remaining member or members shall have full authority to approve or disapprove such design and location, Or to designate a representative with like authority, or to appoint a member, or members, to fill the vacancy caused by the death or resignation. In the event such committee, or its designated representatives, falls to approve or disapprove such design and location within thirty (30) days after :said plans and specifications have been, submitted to it, or`in any event, If no suit to enjoin the ere I ction Of such bulldin9 or the making Of such Pilterations has been commenced prior to the completion thereof, such approval will not be required and this Covenant 3 will be deemed to have been fully Complied with. Neither the members of this committee nor its designated representatives call be cn tied to 'a' 9,r 9%p"M,4"onfo,r services Performed pursuant to this covenant. The powers and duties of such cor,,,t- mittee, and of its designated representatives, shall cease on and after January 1, 1963. Thereafter the approval provided for herein shall not be required unless, Prior to said date and effective thereon, a written instrument shall be executed by the then owners of a majority of the lots in the subdivision and duly recorded appointing a representative or representatives who shall thereafter exercise the say'le "Dowers previously exercised by such committee. F. shall have the authority and power to act as the representatives of the owners of the property In this development and to enforce the covenants and restrictions herein by due process of law. Q. All lots In ti-e tract shall be known and described as presidential lots. H. No structure shall be erected, altered, placed or per - Twitted to remain on any residential building lot other than one single family dwelling which shall be no more than two and one- half stories In height and with a private garage for not more than two cars. I. No building shall be located nearer to the front lot line or nearer to the side street line than the building set back line shown on the recorded Plat. In any event, no building shall be located on any residential building Plot nearer than five (5) feet to any Interior side lot line; excepting, however, that no side yard shall be required for a garage or other permitted accessory building located 35 feet or more from the minimum - 4 - M building set back line. For the Purposes of this covenant, eaves, stcps,�, 3nd, open porches shall not be considered as part of a -hall not be construed to permit any Portion Of tl building on a lot to encroach upon another lotq J. NO residence or attached appurtenance shall be erected on any lot farther than seventy (70) feet from the front lot line. Y- DTO lot shall he resubdivided into, nor shall any dwell- ing be erected or placed on any lot having a width of less than 55 feet at the Minimum building set back. line or an area of less than 5,8,00 square feet, except that a dwelling may be erected or Placed on any lot as shown on the recorded Plat; L. 1\10 fence, wall, hedge dr sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on, any corner lot within. the 'triangular area formed by the street property lines and a line connecting them at points 25 feet from the Intersection of the street lines, or, in the case of a rounded property corner, from the Intersection of the street property lines extended. The same sightline limitations shall apply on any lot within ten feet from the intersection of a street property line with the :dge of a driveway or alley pavement. NO tree shall be nermit.ted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to Prevent ob- struction of such sight lines;, A The ground floor of the main structure exclusive of one story porches and garages shall not be less than 1,000 square t' feat in ;the case of a ane story structure, and, not less than 900 square feet .in the case of a one and one-half story or two story structure. N . 140 110xious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. V . - No trailer, basement, tents, shack, garage, barnor other outbuilding shrill be pat any time used as a residence tempor- arily or permanently, nor shall any structure of a, temporary character be crected, maintained, or used as a residence or ;for any 11. NO building shall be placed nor shall any material or refuse be places' or stored on any lot within ZO feet of the property line of any park or edge of any open water coarse,, except that clean fill may be placed nearer said water course provided that same is not altered or blocked by such. fill. Q. NO live poultry or animals other than domesticated dog or cat or bird shall be housed on or about the premises. R. No fence or fences are to be erected can any lot or lots which shall be nearer the front lot line than the front building line of the initial resi nce on such lot or lots. Executed this / clay of October, 1957 /, L STATE OF INDIANA ) ss.. ST. JOSEPH C0jjtj-ry ) "R "fp"r/p M Wat a-M, W4h1A,o, AxL aid for the'a'fo'resaid County and State, on the --)P,,day Of October, 1957,, personally appeared ANDREW s. PLACE, GEORGIA E. pLACF FA S F. PEACOCK and MARY ANINA PFA(,-,C)Cl,,, and acknowledged the execution of the above and foregoing Instrument to be their voluntary act and deed. ,OSeph A. oiler, My COTflmisslOn L"xpirca.,s: November 20, 19:56 F,1 ".3; TBMIAROp10",81 BEN DEDICATION OF PART OF RYER STREET SOUTH OF LINCOLN�WAY WEST��� THE UNDERSIGNED, HARTMAN BUILDERS, INC., an Indiana Corp©ration,, being the legal owners of the following described real estate, situate in South Bend, St. Joseph County, State of Indiana, to -wit; ') 3 PAU Beginning at >a. point which is. the <intersection of the Southerly line of Lincoln Way West and the West line of a right-of-way Nineteen (19) feet in width as dedicated in the recorded plat of Alwardts - o Addition to the City of South. Bendy thence South along the West line of said Nineteen (19) foot 7 right-of-way a distance of Six Hundred Thirty- .. three and Nine Hundredths (633.09) feet; thence rc __ West along a line at right angles to the line just u! described a distance of Thirty-one (31) feet; thence North along a line Thirty-one (31) feet West of and. parallel to the West line of said Nineteen (19) foot right-of-way„to the Southerly line of Lincoln Way West, thence Southeasterly along the Southerly line of Lincoln Way West to the Place of beginning, which described tract constitutes Ryer Street South of Lincoln i Way West, as hereinbefore described, in the City of South Bend, Indiana, hereby dedicate to the public said tract for public use as a streexz. IN WITNESS WHEREOF, the said HARTMAN BUILDERS, INC., an ry Indiana Corporation, has hereunto affixed its Corporate. Say-J.�» r w y and the President and Secretary thereof have 'hereuntos`4,et the hands and seals, this 8th day of October, 1957.: HARTMAN BUILDERS, INC. _p Millard T. Hartman, President ATTEST: f Rusell P. Hartman, Secretary STATE OF INDIANA ) SSA ST. J03'brh C,O[1NTY Before me, the undersigned' a Rotary Public, in aind for said County and State' this 8th day of October$ 1957, personally' gA ,A.j 1) ww. h ."war. 4au,m.re OUN TY OF Aga 40SEVI,V STATIt NSF . IVIAN T ha plat as " Da,�graaar^aaaa as Satgtoa Third Addition o the err lowing described real estate situated in, St,. , as rya Coutt , State, m eared of land composod of `ou cols$ all located in the Northoast One —Quarter (*I of Saction Four (4), Township Thi r - s (3 Worths damage Two (2) Best, more particularly described as DIM= XA a'�h * , A parcel of jazd in the City of South Bond bounded by a linerunning "hoar acommencing t a point Ton Hundred Vifty—four andTwo Hundredths (1. ' a a Zarast aaud aaurtaoaa 1huad red Ton wid Seventy—five Hundred .4=7 foot North of the Southwest o n o r of the Mortheast Quarter a; J) as � � �� �� �,��� � »��;- ,, � thence SuStol,ly a distance aim» DIN Poill and faaent a.a,.g ht a �a�^��aredth$ 026.2 fee to as on the West line of Alva day Addition tO South "Ad way West; thejice North the West line of Alvar Additions Und ccutiau"4'""Ort l 11 ana;aatwaaod Ewa aaa 0f Fourth Addition as Matemacaw Of SiX Hundred —three Wad Nine Hundredths (633.00) geet to tho Southerly Mac Of 1-14001"Y West;thou Northwesterly along the Southerly line of Uncolawa West as distance of Three Huawma araaa alld fifty-11 feet; thence amaaa»her did as Of OUO"dred S1 four and One "Feat 4foot tad point-h___ % a unar Ath (331,04) am di acres rr mm�4 Point Hued ^rr , mive aauMama 7Sfeetand me Nine Hundred 310vd yo,,rty_S;Iz Pluadredths 911.40) feet sast ofh n r of said soo 14) Heights Addition to 6auth Boado Indiana thence saot along North line of 3000a RKghtsAddition a distancOar f OUO Hundred Forty-two and Fif&-aiz a rmmla rardth (: . 6) Esau; shanco North to a PoInt,that Is OnOHud r; Of Forty-two (142.56) " a'tar a PfintOn th0jaPA 1=0 Of ne"'oar 11eights Additions -said, point being Five Rundro& X_ . nine gad Minot; -sib Hundredths , feet NOrth Of the point of bawrgina a go thaace SOUth AM h* East I.:a of Beacon uaigh s Addition a distancedundred Njuaty-nine and Ninety-six Hundredths 099.96) feet U, tho point K begin ingy Said parcel containing One W'd Ninety-six H madiedth8 1,96) acros more or lose, Beginning ing point on the extreme ¢me West line of Beacon Heights Addition to South Seah Indiams aU4 Five Hundred Fifty-two and Thirty-tvo Nundredthp ($52.32) feet North ef "airµ. Southwoot cormor of sold Naa on Haigh Addition, ion "arenc be r indue North along the extreme West N:a.ne of Ra. argon Heights Addition a distaqce of Nix Hundred hence boar;«rWaLaa� a�aa�ru ar i�ignty-nine Saar a:�eo as x=zyx-a+ rµ roar arrr East � go56Q a distance of One Hundred Tweityl- two and Four "tenth (122.4) p . thence bearing SOUth Zero degrees and Two minutes ''east 3 2 as dislaW of one Hundred yorty and Thre-teath . " is theave bearing South 31 1,1t —ni dogr es and ` fty-a'.a:s ght minutes Nast SPOT N c Five Hundred Hinoty- seven and Six Tenths (597.6) feet, thence bearing due South a distamoo'Of wivoHundred Party-fiVe ani FOrty0- four redth . f+ a<.rtp th mree baa&ng due South ama Ain ; tance of sixty-eight a ra�� ri � �rr �� �a r Iaa hs . ` fagot to the North Dina: Of CurtISS Prive$ SO= O ft along the North line ot Curtise `a'ar^ iSta= Of T40 Rul �' "`a� e n fact, thence bearing due NOrth a distWICe Of 5. -191 a_ N WWa a ial of Two IR n red i9, tV. V . Seventeen Hundredths 50 feet to the as Al " UEUVIU11f IMA in the "'Inning in th'o city m,)f Sou,th Dead at, a utter as degree's wid Three rainixtes 153st (fit641 039E) a dAstanca use Ten Hundred Thirteen and Seven Tanthe (101M) feet 9,ran the lczace ch"o North a MS.- outer oI.' aald Section (4)0 1"T' tw%t,c a,? 171ve Ifundred (500) feetp 010TWO due West a 4is­ tauMe ot Seven Hundred Twouty (720) GO% thence due MCI a dial"Mice of Twelve, Mh,'uxdrt,,.,,d Th,,irtY­30v=' and Nine Tentho (1237.9) goe,t to oanv'r of Boacoa I Heights as recorded 14ay So 1944, Iya Pl,�t Hook 15, M40 103 in tho AL- - - 4 A iiiiii sk Bdaoon Maights being the plave OV bostuhhus or the Igad to be herein deacribed; thence coatinuina Vor011, along the projected West line of Boazon Heights a 414tanoo Zighty- of sintoon and Five Tenths (16.0 feeto th=c 80uth Z nine dogreau and Fifty-olz minutcs Bast (8 090560%) a distance of Ono Hundred Thirty-eight and Mine Tenths (138.9) feet said 11no being parallel to the NOrth IM Of 30400n noights, thance South Zero degrees tadTwo minutes Weat (S U,Q a distance of Onc Hundred Forty and Three Tenths (140.3) feet, thanne South Eighty-nine degrees Fifty-olght Minutoo Bast (3 890581Q.a distance of Three Hundred Fifty and Pour Tenths (350.4) fact, said Mae being Six=n and Five Tenths (16.5) feot North of and parallel to a North line of Beacon Neights, thence South Zero dogreas and Two minutes West (S 0022W) a distance uf Mteen and Five yanths (16.5) &K to a Nonth 100 of Beacon Heights, thance North Riahty-nina degrees and Fifty-eight minutes West (N 89058y J along said North line of Beacon Heights diatence of Throu 3i2ztY-zix and Nine Tenths (366.9) fact tD a 3aorthk,'30'uth UullndaV31� Iiile, of DOW= ualght%thence Mortb %,,o q � Two xpi4u�%q "t '00, (N 003, Mng Said Burth-SMch d"Ary, '11-h "a . .. ... ... .. 0, 11&''rzo of Gnk,� V110 jr��,,,,,,rty rudl Three Teat North 11na of Dancen Ralghte, thence DIOr';1", deG rees and Fifty-oin minutes W it (H 890569 V) along Said "Y K TV Kno 09 Beacon ROMM. Stance of One Hundred Twenty-two and vour Tantho (122.4) feet to ths A= beginning, containing Twylity.nFour Rundradthe (0,24) acres. All of the above dcoaribed pa.',ccls 0't'sb'Ject ";U "%]Ll yreviously (2o) lots, nuumered from Qne Hundredl sixty-four w1rongL Ono KUM (164-'1,83),, botl,P, iitc3x1L- ojvc' togethor with the lot dealgnatod a6 "Lot All. The titlO tO Lot Lettcyod A and Lots Numbered One MUM Sixty-MV tO 0MO Nundred KVMY-twO (164-172) inclusive and Lot Numbered One Hum- drea Seventy-three (173) excePt a traCt Or Par" or land Sever' N that e e ath. 7.4 ;era in width East and Westo o Ukou off O agdae tjae ea t re ieagth of tj'iea .fast side of gaid Lot t'a i f jai the p1,0000 Fort Valnep, 1nCMr oratet.. , Tho title t I4� or re Mgv,,aSb"XhfuGTetiM&6.4)o WMK* )I :O t1l just �4 Wooto talten off ai" and from Wkie r'�IrO 10U9 h r{ Sot olde of ,lea. Numbered One Mutdred evc,,nty-t ree Me SAMM-One Phadre& 6evoati..,iaaN to One I&SWKYa Mahty- .0 174- 0 oth inclusives is tested ka Hartman Buildor, latwi, II G Tho dimensions of the lou and tte widths of streets e,, aarked 7u the k aat ip feet �t'�nd decimals therefs and said streets �j are depy,+woated 1.o the yub r..c for public use, i The ag ements as showu on the plat are reserved for the use of paar,i,aI„Q utilWasp and for their construction and mai tenaner°« IN �ik�ITN,°aSS MRO V,p the Diocese of Fort Wayne, . norporg «od, an .rntr.z,mnaa Corporation, 1`.aas hereunto affixed its eotpor to seal, by Leo A. Pursley its pres:ddent, ndChas. J. Feltesp i,"tat Secretary, rary, and Hartman Builders, lue.,, an Indiana Oprgyt on r �uara �.a�tit aria zzea Its q or po ano sel ty� Mil]Lard T. Hartman, J t (I °ps: ».eat aaud Russell F. tC3-:°tman its ale retaa"yo thla Asa — ay of has. ra"�a,a+�2xM Crm FORT :r A MISCaraNr4`aaaA"; BO" "a? - L f c Leo A P s1e C, sn J. ,'Fe tes, cy- ream tig,jTa•o m w� � x" n4v r,r« �, ` BY:, Hill r ATT Q, S „iia innv Muw Mfi^Mh �aa M.WM.MrnnMrt �" MM. MrWN '.Y"T" ,: M' 7'Po'{.4b=W'9 "M`+ i I i.�r,xeS011 V. SS 00,011TY OF ALLMH G F r i a y Faa, re More rely of r ";PublIa, 1A, hAd- p tion this day oflasax ror, the t1 0 - 1 � c `i We therein stated* y S STATE OF XUDIAMAL Personally appeared boAre me, a Notary Public 1a and foi, said County and State, Hartman t Builders, „r paralien by, Hillard T. Hartmamp its President, Instrument for and on behalf of said Corperatl% wz. dOY gnd Russell F. gym:" I SSS,, tor the usez and purposon thlerain statQ.