HomeMy WebLinkAbout#327- Deed; Inner Belt Thoroughfare (N.W. Section) lots on NW corner of oak st and scott streetf
RESOLUTION NO. 23, 1982
MIERLAS, the Board of Public Works of the City of South Bend
has compiled a current detailed inventory of all real property
owned by the City of South Bend; and
WHEREAS, the Board of Public Works has reviewed said inventory
of real property and it finds that certain of the parcels of
real estate now owned by the City of South Bend are not
necessary to the public use and are not set aside by state
and city laws for public purposes; and
VqIIEREAS, the Board of Public Works now wishes to take the
necessary action to make it possible for the Board, in the
.,future to sell said parcels of real estate pursuant to State'
Statutes.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of
the City of South Bend, Indiana:
That the parcels of real estate owned by the
city contained in the following list are not
necessary to the public use and are not set
aside by state or city law for public purposes:
Address Deed No.
621 Rush
814
401 East South
1168
Oak and Scott Sts.
(Triangular lot adjacent
to Chapin, Oak & Scott)
1608 Prairie
820
634 Keasey
1069
1237 Van Duren
792
Adopted this 13th day of September, 1982.
BOARD OF PUBLIC WORKS
,—%242— -
�Ioyn E. Leszczfyrtsl(i
4icharrd= L. Hill—
oseE. Kernan
ATTEST:
Barbara J. Byers, Clerr
PURCHASE AGREEMENT
THIS AGREEMENT, entered into this _day of
1982, by and between JOSEPH R. DOYLE
hereinafter referred to as Buyer, and the Civil City of South Bend, a
municipal corporation of the State of Indiana, hereinafter referred
to as City.
WITNESSETH:
WHEREAS, I.C. 36-1-11 establishs procedures for the sale
and rental of real property owned by the City of South Bend; and
WHEREAS, the Board of Public Works is empowered to carry
out the provisions of said statute; and
WHEREAS, the Board has determined that:
1. The highest and best use of certain real property owned
by the City is by sale to, an abutting landowner;
2. The cost to the public of maintaining said real pro-
perty owned by the City equals or exceeds the estab-
lished fair market value of said real property;
3. It is economically unjustifiable to sell said real pro-
perty owned by the City in accordance with the proced-
ures set forth in I.C. 36-1-11-4.
WHEREAS, the Board has determined that the assessed value
of said real property is less than Two Thousand ($2,000.00),Dollars;
and;
WHEREAS, the Board appointed a licensed independent
appraiser who appraised the particular real property; and
WHEREAS, based upon the appraisal submitted, the Board has
established an offering price for the property, and published notice
of its intention to sell said property at said price; and
WHEREAS, pursuant to I.C. 36-1-11-5, the Board is empowered
to negotiate and sell said real property to the abutting landowner
who submits the highest offer for said real property; and
WHEREAS, the offer of the Buyer in the amount of One
Hundred Ninety Dollars ($190.00), was offered and accepted as the
best offer for said property.
NOW THEREFORE, it is agreed by and between the parties
hereto, and for and in consideration of the premises and the mutual
covenants herein contained, as follows:
The City agrees to sell and Buyer agrees to buy:
Beginning at the southeast corner of Lot 12 in Kui
First Addition; thence due north along the east P
line of said Lot 12 a distance of 43 feet more or
the Point of intersection with a line parallel to
5 feet measured easterly and perpendicularly from
Southeast right-of-way line of Chapin Street; ther
southwesterly along said parallel line which line
5 feet measured easterly and -perpendicularly from
southeast right-of-way line of Chapin Street a di,,
of 49 feet more or less to the point of intersect:
the south property line of said Lot 12; thence ea:
along the said south property line of said Lot 12
tance of 29 feet more or less to the point of beg;
Containing 622 square feet or .014 acres more or I
in South Bend, Portage Township, St. Joseph Count;
s
for the sum of $190.o0.
2. Buyer agrees to pay the purchase price in fu
time of closing.
3. Buyer agrees to pay all title and abstract costs in-
volved in said transaction which he shall desire or request.
4. At the time of closing and after a submission of a re-
ceipt for the total purchase price has been submitted by the
Controller to the Board of Public Works, the Board shall cause a
Quit Claim Deed to be prepared, which deed shall be signed by the
Mayor and attested to by the City Clerk with the Seal of the City
affixed.
5. It is expressly agreed that all terms and conditions
of this contract are included herein, and no verbal agreements of any
kind shall be binding upon the parties, and this contract shall be
binding upon all parties hereto, their heirs, administrators,
executors, successors, and assigns.
TAT ST.
_�lrl�
12--
(Buy( i 9�) JPSE1'R K. dy
c/o RICHARD D. DtYffn Doyl�
Attorney at Law
913 W. Colfax
South Bend, Indiana 46601
CITY OF SOUTH BEND BY ITS
BOARD OF PUBLIC WORKS
o gnE. �Lesz�czn
M
:T-osep-h-8. Kernan
(Ii�chard �Hill
-2-
MAIL DEED TO: MAIL TAX BILLS TOc coly"I.-T
a .... ..... V, ..JA.A
CA„ A0.0 1A110H
AUDITOR'S RECORD
Transfer No.
Taxing Unit
"I"IffilAq, "'N
API
Date
FM 111111 1"ET muse13 A/1""A's".
CIVIL CITY OF SOUTH BEND, a municipal Corporation,
the Grantor
Release and Quit -Claim to JOSEPH R. DOYLE
the Grantee
for and in consideration of One Dollar ($1.00) and other good and valuable
consideration
the receipt of which is hereby acknowledged, Real Estate in St. Joseph County,
in the State of Indiana , described as follows:
State of Ind
Before me, the at?
and State, persona
Beginning at the southeast corner of Lot 12
in Kuntzman's First Addition; thence due north
along the east property line of said Lot 12 a
distance of 43 feet more or less to the point
of intersection with a line parallel to and 5
feet measured easterly and perpendicularily
from the southeast right-of-way line of Chapin
Street; thence southwesterly along said parallel
line which line is 5 feet measured easterly and
perpendicularily from the southeast right-of-way
line of Chapin Street a distance of 49 feet more
or less to the point of intersection with the
south property line of said Lot 12; thence
easterly along the said south property line of
said Lot 12 a distance of 29 feet more or less
to the point of beginning. Containing 622 square
feet or .014 acres more or less, all in South
Bend, Portage Township, St. Joseph County, Indiana.
Subject to all easements and restrictions of record.
Signed and dated on January 21, IQ Al
Lana , St. Joseph County, SS: Signature
'ersigned, a Notary Public in and for said County ROGER 0. RENT
lly appeared., Typed or p t name
Roger 0. Parent and Irene K. Gammon,
known to me to be the Mayor and City
Clerk of the Civil City of South Bend
a municipal corporation of the State
of Indiana.
and acknowledged the execution of the foregoing deed on
January 21, 19_3
Signature
Notary Public
e.4
Caryl L. Tarner
Typed or printed -name
2/9/86
,Signature
IRENEK GAN1f20'�� CITY CT.�RT�
Typed or printed name
Attestor
Signature
Typed or printed name
Signature
'.'u— PRESCRIR60 BY :TATE ROARO OF ACCOUNTS
REVISED CITY FORM MeT, 204'
QUIETUS
OFFICE OF CITY CONTROLLER
SOUTH BEND, IN'D.,
I HEREB" CERTIFY THAT 19 eve.
HAS FILED IN My OFFICE THERECEIPT OF THE CITY TREliSLII�ER
IN THE SUM OF
ON ACCOUNT OF ao DOLLARS
CITY CON'rROLLEIR'
aP: G .�_
7.67" VTpTI ll&aNngcd By CN.I:,PG,d:, 'Ng.0,1rsw9. 411574 Nfade ftli U. S. A. �, L
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une Dollar ($1.00) and other good and valuable
consideration
the receipt of which is hereby acknowledged, Real Estate in St. Joseph County,
in the State of Indiana , described as follows:
Beginning a7t the southeast corner of Lot 12
in KuntZman's First Addition; thence due north
along the east property line of said 'Lot 12 a
distance of 43 feet more or less to the point
of intersection with a line parallel to and 5
feet measured easterly and perpendicularily
from the southeast right-of-way line of Chapin
Street; thence southwesterly along said parallel
line which line is 5 feet measured easterly and
perpendicularily from the southeast right-of-way
line of Chapin Street a distance of 49 feet more
or less to the point of intersection with the
south property line of said Lot 12; thence
easterly along the said south Property line of
said Lot 12 a distance of 29 feet more or less
to the point of beginning. Containing 622 square
feet or .014 acres more or less, all in South
Bend, Portage Township, St, Joseph County, Indiana.
Subject to all easements and restrictions of record.
Signed and dated on
State of Indiana , St. Joseph1— County, ss:
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared:
I-,Cj FnQ to be the Mayor and City
ri-7 ot- P
a IWLZ'-Lclay)rporaLion of the State
of Indiana.
and acknowledged the execution of the forgoing deed on
January 21, 19_$3
Notary Public
Signature ell
Caryl L. Tarner
Typed or printed name
My commission OVpiros __�9 / 86
Typed or pA.6ed —e
Gw�
Typed a, prinaLd name
Attestor
Signature I
Typed or printed name
Signature.
MAIL TAX BILLS TO:
bRabCRTY I*.M 1.
AUDITOR'S RECORD
Transfer No. _
i axing Unzt
144
un,
K3 F. D Dam
Al
CIVIL CITY OF SOUTH BEND, a municipal corporation,
the Grantor
Release and Quit -Claim to JOSEPH R. DOYLE
the Grantee
for and in consideration of One Dollar ($1.00) and other good and valuable
consideration
the receipt of which is hereby acknowledged, Real Estate in St. Joseph County,
in the State of Indiana , described as follows:
Beginning &t the southeast corner of Lot 12
in Kuntzman's First Addition; thence due north
alona, the east property line of said Lot 12 a
distance of 43 feet more or less to the point
of intersection with a line parallel to and 5
feet measured easterly and perpendicularily
from the southeast right-of-way line of Chapin
Street; thence southwesterly along said parallel
line which line is 5 feet measured easterly and
perpendicularily from the southeast right-of-way
line of Chapin Street a distance of 49 feet more
or less to the point of intersection with the
south property line of said Lot 12; thence
easterly along the said south property line of
said Lot 12 a distance of 29 feet more or less
to the point of beginning. Containing 622 square
feet or .014 acres more or less, all in South
Bend, Portage Township, St. Joseph County, Indiana,
Subject to all easements and restrictions of record.
Signed and dated on
State of Indiana , St. Joseph County, ss.
Before nae, the undersigned, a Notary Public in and for said County
and State, personally appeared:
1-0 MC to be the Mayor and City
�7,nllt--1 Bend,
a ui'.n.Lci.:ui corporation of the State
Of Indiana.
and acknowledged the execution of the foregoing deed on
January 21, 19_§3
et-* f __/• t e 5 Q Notary Public
Signature e7
Caryl L. Tarner
Typed -a, printe_d -...e
my commifislon expires 2/9/86
Preparodby Eugenia S. Schwartz, Assistan,
19-83-,
I
Typed ., p46.d
44� A-
Tytn,d or printed nonte
Attestor
Signature I
Typed or printed narnv
Signature
51
-14-
er- '5�z
POLICY
OF
TITLE
INSURANCE
lss['�E-D 71y
J�j
ADDRESS ALL
COMMUNICATIONS
TO
Pioneer National
Title Insurance Company
Unionl'ide Division
155 E. MARKET ST.
P. 0. BOX 876
INDIANAPOLIS:, INDIANA 46204
POLICY of TITLE INSURANCE
Issued by
Pioneer National Title Insurance Conipai
Union Title Division
Pioneer National Tide Insurance Company, a California corporation, herein called the Com-
pany, for a valuable consideration, HEREBY INSURES
CITY OF SOUTH BEND, INDIANA
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
Two 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:
COUNTERSIGNED:
ABSITACT C 10PANY Cr ST. JOSEPH COUNlY, ING.
BY IDENT
Pioneer National Title Insurance Company
By W j&—A,41,
President
And byGL,,F..j Id Ap-,,.iW
Secretary
SCHEDULE A
1221/14870
Amount $ 2,000.00
Effective
Date August 31, 1967
at 8:00 A.M.
NAME OF INSURED
Policy No. SJA 38116
CITY OF SOUTH BEND, INDIANA
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----B-t—. Joseph State of
and i, &SC66ed as follows:
Lots Numbered Eleven (11) and Twelve (12) as shown on the recorded
Flat of Kunstman's First Addition to the City of South Bend,
EXCEPTING therefrom the following described 2 tracts or parcels of
land, viz:
1. Beginning on the East line of said Lot No. 12, at a point 52-95
feet North of the Southeast corner of said Lot No. 124 thence West
a distance of 66.65 feet; thence North a distance of 8.8 feet;
thence East a distance of 66.65 feet to the East line of said Lot
No. 12; thence South along the said East line of Lot No. 12, a
distance of 49-31 feet to the place of beginning.
2. Beginning at the Southwest corner of said Lot No. 11; thence
Easterly along the Southerly line of said Lot No. 11, a distance of
44.97 feet; thence North a distance of 99.88 feet; thence West a
(CONTINUED ON SCHEDULE B BACK PAGE)
This policy does not insure against loss or damage by reason of the following:
.1. General exception I appearing immediately prior to the Conditions and Stipulations.
2. Taxes for the year 1967 payable in 1968.
3. Taxes for the second half of 1966, payable in November, 1967 as
follows:
$4 78, unpaid. (Key #Ll-01-18;29-1294 - affects Lot 11 ex pts sold)
_
1966 Valuation $100.00
$137.19, unpaid. (Key #4-o1-18;29-1295 - affects Lot 12 Kunstman's
lst 49.31 Mid Pt)
1966-7a—luation Land $340. Imp. $2530. No Exemp. Total $2870.
01
j
CONDITIONS AND STIPULATIONS (Continued and Concluded Prom Reverse Side of policy Face)
agreed
upon as to each such parcel by the Company and the
Insured tit 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 property in 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 subrogared to such rights and remedies in the
proportion which 1"X 1—Y.—, 1 e: co the . f said loss, if
loss should result from any act of the Insured suchact shall not
void this Policy, but the Company, in that evens, 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
Perfect such right of subrogation, an Troperty necessary or.d.eto
yr
use the name of shall permit the ocup to
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,
if. 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