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HomeMy WebLinkAbout#353- Deed; Waste Water Treatment PlantWARIMITTY DEED Attorneys at Law- -' , I 'VJTT.Ii1�,'S>"�J TR that Liao BOAOALD 01,0 I ' j 01 qte 0'P t�T. JOSJ,,�!"-ii COUD,'TY, body politlQ U.' d 002"? '- ' existinE under and by Arbue of the laus of -Uaa State A Indiana, of St. jossG 'o'l-, ount;y, in 'Glao of Indiana, IT to t'flo UITPY C' I- T 11 A", 11 11 1-1 Pr'-, jnnn 1'n nnn.vi cinraticli of One Tllaousa,'j Two iIundred "-Pifty Dollars and other valuable consideration, tlie receipt wrli.aroof is hereby the folloiAr4. Real E '-'sta.to in Joseph-'tlao ,)tatr' of indiana, to wit: , 'L CotulL in 'Y' I 2 I A or parcol of real astate coiatlairl ! no, thirty-olle and 'a-alidre(lths (3 :20) a 1 r t"awo a t c P 61 ell ar lose, si�uatad in bile no- I ) quap-bar (1/4) of ,)octiorl (P6 Townsnlp to. t1i!rty--6iLnL (38) nortL'.,., ranL'o No, Two (0) east, bou,-ndcd and desevibed by a line rum&qas follo-,:5: Det�;jmij.nE,, at a point in bile north line of s--,,id section L,oa tWexlty- six (23) at a point 1iivadlod nine- tuan (3810) feet east of t1io corner of 1"Inc; qv.aa."tol(1/4.) of `'Ccluiun No, twenty.two ',�owns'iiip ?.n(.'! afore- tq 202 feet; ai CA ; t il a ne a s a ut �:l S 0 4151 e,,as thence south to 151 oaet, 273-5 fact, thellce South 1210 �1 06 2cot; t1aoncb south was,, 8 301 oa2t, 2CZ,,.,5 110"bl-L /Io 301 Yjust, 322 fact; blaencc z,,ou�li 20r) d-.51 ea-st, 166 2ceullb, t'ac.aco sou;h. 140 omst, 158 fact; thence 2c,)u.L',h Scl east, 06.5 feet; b1lonce south IUD 15, vaut, 155 f0eQ &,moo soaW 230 151 110 jl(Lsoutla 12D 1,5t viest, 105.5 feet; Whence: soutil 2' 25' w(,,st, 1-02 fact; thonce soutL /1 0 231 6ast, 03.5 feet; t'rlonce Oatla 11 U 15c east, 135.5 fact, tlience South 250 451 east, 17U fut; tilence sout'n 320 451 t, 100 fe(',t; thol"co SCU-tll 451 Vic"DL, 2217 tl'Lonce, 42C, 15, west, 1152 fuel; thence sout]i GOD 15, inso 182 feet; thence sot t1i 501 15, vast, 265 Act; thence Seeltia 630 151 Ivest, 195.5 foist, t1nonco South 770 301 vewQ 208.5 feat; thence sOuth 00' 151 vast, 192 fact; Emma port SW vast, 209 feet, thence zoati-.L 85o /151 1-32 feet; less, to the Whae 001 h an A rest, northarly lov water line of' the former c1liannol of the 3t. Hoopla -Livar, tnence eastorly alon_u said low water line of said former chaln-iol to its intersection with the low �,,iafor line of the Left bank of the prcseni, cl-io-nael of the tit. Josepil River; t1fience downstream alonc, said low BOOK vater line of said left bank of said yrezaM channel to We mrline of sid a2octlm A. tuenty-six (26)th ; thonco YeR alon Said north IN, of section A. tuenty-six 1 26 ) LO tll.e "'.)OInt eAna ol""Ce' Of The rantor bul, &do taxina povar is LyucnAc&Oj umryu Ljui1 taxation und(,.,,.o eevoiiu.o Cod� "'nJ' aJ it ATLOO W!T!An", Thu sa.id of C;oit ii:Lssioncrs, of OXistiQ' LU-Idolr an(by virtue of the laws of the State of Indiana, have hereunto subscribed thwir names day, of 1954. 'k Varrrrtir 3c, S:i I ........... Attest: t. Josepl-i County maz WP W. jWPH OCUNTY 3e,fore me, a !,,Totary Public in and. fo-c' said County and Otate, personally, appeared john E, Hanley, Marcel C. Van De Valle, and JoIrn F, Solmos knovin by mo to bo, t1-io duly eleo,Led or appointed, qualified and acting of LA. Joseph. C;OUXItY il-I 1,1'W Ltato of lndiall�t and the e.,.Ooation of the foregoin'� i Ian, brl.Lilolit for the purposes and Uses therain Set Out. I have hereunto set my hand and pgfjajqj seal this_.,Z�� day of Live, IoSl. . MY Con111ission Expires: W A R R A N T Y D E E D THIS INDENTURE WITNESSETH that the BOARD OF COMMISSIONE�'RS OF ST. JOSEPH COUNTY, INDIANA, a body politic and corporate, existing under and by virtue of the laws of the State of Indiana, of St. Joseph County, in the State of Indiana, CONVEYS AND WARRANTS to the CITY OF SOUTH BEND in St. Joseph County, Dollar and other valuable considerations, the receipt wi is hereby acknowledged, the following Real Estate in St. Joseph County, in the State of Indiana, to wit: Beginning on the North line of Section 26, Township 38 North Range 2 East at a point Thirty-eight Hundred Nineteen (3819) feet East of the Southwest corner of the Southeast quarter of Section 22, Township 38 North, Ranrpe 2 East- ' thence South 8 degrees and 45 minutes East 202 feet thence South 1 degree and 15 minutes East 5 271.50 feet, thence South 12 der-,rees and 45 minutes � west 206.00 feet, thence South 68 degrees and 30 minutes East 203.50 feet, thence North L� degrees and 30 minutes west 322.00 feet, thence South 20 degrees and L�5 minutes East 166.00 feet, thence South 14 degrees and 0 minutes East 158.00 feet, thence South 8 degrees and 0 minutes East 86.50 feet, thence Soutli 19 degrees and 15 minutes West 155.00 feet, thence South 23 degrees and 15 minutes West 118.00 feet, thence South 12 degrees and 15 minutes west 105.50 feet, thence South 2 degrees and 45 minutes west 162.00 feet, thence South 4 degrees and 45 minutes East 93.50 feet, thence South 19 degrees and 15 minutes East 135.50 feet, thence South 25 degrees and 45 minutes East 179.00 feet, thence South 32 degrees and 45 minutes East 188.00 feet, thence South 2 degrees and 45 minutes west 227.00 feet, thence South 41 degrees and 15 minutes West 152.00 feet, thence South 60 degrees and 15 minutes West 162.00 feet, thence South 52 degrees and 15 minutes 1,1est 263.00 feet, thence South 55 degrees and 15 minutes West 195.50 feet, thence South 77 de rees and 30 minutes West 200.15 feet to a point 590.60 feet East of the liest line Of Section 26 Township 38 North Range 2 East; thence North 0 degrees and 18 minutes west 1133.10 feet, thence North 89 degrees and 48 minutes East 93 feet, thence North 17 degrees and 02 minutes East 370.50 feet; thence North 0 degrees and 16 minutes west 1071 feet to the North line of Section 26 Township 38 North, Range 2 East- thence East along the North line of said Section 2`6 a distance of 411.60 feet to the place of beginning, containing 35.45 acres. & Subject to the legal highways. This deed is given to correct an error in the description in a deed given by the same grantor to I the same grantee dated March 29, 1951�, and recorded in the office of the Recorder of St. Joseph County on April 19, 1951�, in Deed Record 527, page 16. IN WITNESS WlREOF, the said Board of Coirraissioners of St. Joseph County, Indiana, a body politic and corporate, Indiana, have hereunto subscribed their names this day of April, 1955. BOARD OF C0101ISSIONERS OF STo, JOSEPH COUNIYl INDIAN, 1,iar, el .,,Un ,i7e tia le member ' b' Attest: A F. S mos, me rab e r R—i6hard Y7 —Kfe—js�r, —kj7,�PfE-0—ro St. Joseph County STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, personally appeared John E. Hanley, Marcel C. Van De Walle, and John F. Solmos known by me to be the duly elected or appointed, qualified and acting commissioners of St. Joseph County in the State of Indiana and acknowledged the execution of the foregoing instrument for the purposes and uses therein set out. IN,kTNESS 11H!�REOF I have hereunto set my hand and official S°eal this day of April, 1955. U 2�ldr, �RinUb.ld�,.taAyPu�bli, 114y commission expires: d/S5-0 BOOK 5?3, W1,84 THIS INDENTURE WITNESSETH that INDIANA & MICHIGAN EIRCTRIC COMPA.WY, a corporation of the State of Tndiana, the Grantor, conveys a.nd, warrants, tea the CITY 0111 SOUTH B1311D, nmnicipal corporation in St. Joseph County, Indiana, the Grantee, Its sLi.ccessors and assigns, for and in consideration of tile sum of One Dollar '. reccipt i,rhereof is hereby aclrnowledged, the following described real estate situate in Portage Township, St. Joseph County, Indiana, to -wit: A tract or parcel of real estate containi,,� thirty-one and twerity-seven hundredths (31.2() acres more or less, situated in the northwest quarter (1/4� of Section No. twenty-six, (26), Township No thirty- eight (38) north, range Tito. a o. Two (2) est, Anded and described by a line running as follows: Beginning at a point in the north line of said section No. twenty- six (26) at a point thirty-eight hundred nineteen (3Q)) feet east of the southwest corner of the south- east quarter (1/4) of section No, twenty-two (22), township and rane aforesaid; thence south 80 45' east, 202 feet; thence south 10 151 Cast, 2YI5 feet; thence south 120 45' west, 206 feet; thence south 680 30t cast 203.5 feet; thence north 40 3u, West—t, 322 Pest;,;, jille south 200 45' east, 166 feet; thence south 11 east, 158 Set; thence south 80 east, 86.5 feet; thence south 19 15' west. 155 feet; thence south. 230 151 west, 118 feet; thence south 120 15' i,,fest, 105.5 feet; thence south 20 45f wesO 162 foet; thence, south 40 451 east, 93.5 feet; thence south 190 15' east, 135.5 feet; thence south ?5o )-!-5a 1 est, 170 feet, thence south 320 45' 188 feet; thence south 20 45' wesC 227 feet; thence south 410 151 vmsC 152 feet; thence south 600 19, imst, 162 Ken theme soul' 520 151 InsV 263 Veen thence south 550 151 west, 1.95.5 feet; thence south.. 770 001 Inst, 208.5 feet; thence south 880 15106b, 19,2", feet; thence north 890 west, 209 feet; thence south (350 451 laost, 152 feet; thence south 21 feet, more or less, to the northerly low water line of the former channel of the St. Joseph River; thence easterly along said low water line of said fonner channel to its intersection, with the low water line of the left bank of the present channel of the St. Joseph River; thence downstreca-UT1 present channel to the north line of said section No. twenty-six (26); thence west along said north line of section No. twenty-six (26) to the point and "place of beSinning. BeinFZ a. portion of the real estate conveyed to South Bend Power Company by Elizabeth G. Keltner, et al, by deed dated April 15, 1.909, and recorded in the Recorder's Office of St. 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 the grantor herein by deed dated October 29, 1935, and recorded in the Recorder's Office of St. Joseph County, Indiana, ,Oin Wed Record 278 at Page 3.08 et seq. There is excepted from the foregoing, described real estate all that part thereof previously acquired and now held by the Grantee as a conseqqence of` and under conde�nnaati= proceedings for park and boulevar(,t pj,r)()ses. Sa-id exccptcd, real estate being described in ccii.demnat-,ion Peso."Lution No. t.1-jo Be,rLro- Of PE11"I', Colulissioners of' the city of The Grantor reserves unto itself, its successors and assigns, the perpetual right, privilege and easement to overflow with water and to pond water over, upon and through the real estate hereby conveyed by reason of the erection, operation and maintenance of a dam or dams that may be, from time to time, Hereafter constructed across or upon the St. Joseph River by the Grantor, its successors or assiSns3 provided, however, notwithstanding said reservation, the Grantee or its assigns are granted the privilege, to the fug i extent the Grantor has the right to grant such privileze, and at the risk and expense of the Grantee or its assigns, to fill any part or all of the realty herein conveyed with such materials as they may desire, and to construct, Pepair, replace and maintain such structures, dikes, and/or retaining walls thereon as they may desire. This conveyance is expressly subject to any and all rights that the public, St. Joseph County, or any other governmental unit may now have in said land for highway, drainage and sewer purposes. This conveyance is further made expressly subject to the reservations and rights to the timber on said real estate, the right to enter and remove the same, and the right to pasture and farm said real estate, reserved 'by Elizabeth G. Keltner, Helen M. Garwood, and Ezekiel G. Garwood in the aforesaid deed to South Bend Power Company dated April 15, 1909, and recorded in St. Joseph County, Indiana, in Deed Record 141 at Page 297. 'BOOK -2- This conveyance is also made subject to any state Of facts an accurate survey might show, and to conditions and restrictions of record Pertaining thereto. ZJ This conveyance is also subject to taxes for the Al, year 1953, payable in 1954, pertaining to the realty conveyed. The covenants of waprapty_pf, th e r e i r - a,, r, f'-.- subject to the reservations, exceptions, restrictions and conditions above enumerated, and are hereby expressly limited to the acts of the Grantor and its immediate grantor during the time in which they have been holders of record of the title to the real estate hereby conveyed. IN WITNESS WHEREOF the Grantor has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its officers thereunto duly authorized this I&I day of e Cn e Irx" bet 0"1953 INDIANA & MICHIGAN ELECTRIC COMPANY BY �iic LL Graham —t—:L "aytor, —n re�sident. REST: foul W. J.( Secretary. _�s,e STATE OF NEW YORK SS COUNTY OF NEW YORK I certify that on this I A-t-� day ofBece ii, be - 1953, before me, ROBERT A. COCHRAN , a Nota�?,r Public in and for said County and State, appeared GRA"IrUOM C1,-.Xff0R- to me personally known and known to me to be Vice President of Indiana 8, Michigan Electric Company and the person whose name is signed to the foregoing instrument, who, being by me duly sworn, deposed and said that he resides in New York, New York; that he is Vice President of Indiana & Michigan Electric Company, that he knows the corporate seal of said corporation; that the seal affixed to the foregoing instrument is the corporate seal of the said cor- poration; that it was so affixed by order of said corporation, and that he signed his na me as Vice President of said corporation to said instrument by like order; and thereupon said Graham Claytor acknowledged that he signed said instrument as his free and voluntary act and that said corporation executed said instrument as its free and voluntary act for the purposes and therein set forth. q IN WITNESS WHEREOF, I have hereunto set my hand and Ucy "),e c e rm bar 1953. qv'Zic seal this 4,41 day of I ROURT dr (2.0 Notary Public in and for the ywwlb�"' V5 Notary ro VV Y",k County of New York and State of New York. cerl, filed with pq. v, 36-3 ri r THIS INDENTURE, made this day of December, 1953, between Irving Trust Company, a corporation existing ,:under and by virtue of the laws of the State of New York (Corporate Trustee) and James A. Austin (successor Individual Trustee), as Trustees, (hereinafter called "Trustees"), parties of the first part, and Indiana & Michigan Electric ?f I' Company, a corporation existing under and by virtue of the laws of the State of Indiana, with principal office at 2101 �i!Spy R un Avenue, fort Wayne, Indiana (hereinafter called J "Company"), party of the second part WHEREAS, by the Mortgage and Deed of Trust between it i j�1the Company and Irving Trust Company and Frederick G. Herbst,{ as Trustees, dated as of June 1, 1939, and filed for record 1 among other places in the Office of the Recorder of St. Joseph (;County, Indiana, on June 29, 1939, and recorded in Mortgage i ,Record 312, at page 321, the Company did convey the property !.hereinafter described unto the said Trustees; and j WHF.,,FtLk 5 9 by a certain lno u rumenU between the C7ompan� 1 and 'Richard H. West, dated as of June 4, 1945, and filed for 'record among other places in the Office of the Recorder of St. Joseph County, Indiana, on June 11, 1945, and recorded in1 rJ Miscellaneous Record 83, at page 566, the said Richard H. I, ��West was appointed by the Company as successor Individual ;Trustee under said Mortgage and Deed of Trust and accepted II such appointment; and � r WHEREAS, said Mortgage and Deed of Trust was amended and supplemented by a certain Indenture Supplemental '# 11thereto executed by the Company to Irving Trust Company and .9 Richard H. Wrest (successor Individual Trustee), as Trustees, (dated as of September 11 1948,,and filed for record among J Bother places in the Office of the Recorder of St. Joseph �ICounty, Indiana, on September 1.6, 1948, and recorded in l (hi Mortgage Record 451, at page 390; and WHEREAS, by a certain instrument between the Company, Irving Trust Company and James A. Austin dated as of June 192 1950, and filed for record among other places in the Office of the Recorder of St. Joseph County, Indiana, on June 22, dam 1950, and recorded in Mortage Record 497, at page 184, the said James A. Austin was appointed by the Company and Irving Trust Company as successor Individual Trustee under said Mortgage and Deed of Trust and accepted such appointment; and WHEREAS, the said Mortgage and Deed of Trust was amended and supplemented by a certain Indenture Supplemental thereto executed by the Company to Irving Trust Company and James A. Austin (successor Individual Trustee) as Trustees, dated as of June 1, 1950, and filed for record among other places in the Office of the Recorder of St. Joseph County, Indiana, on June 22, 1950, and recorded in Mortgage Record 497, at page 189; and WHEREAS, the said Mortgage and Deed of Trust was j� amended and supplemented by a certain Indenture Supplemental thereto executed by the Company to Irving Trust Company and James A. Austin (successor Individual Trustee) as Trustees, dated as of January 1, 19527 and filed for record among other places in the Office of the Recorder of St. Joseph County, , Indiana, on January 25, 19 52 , and recorded in Mort - �Igage Record 546, at page 146; and WHEREAS, the said Mortgage and Deed of Trust was amended and supplemented by a certain Indenture Supplemental i thereto executed by the Company to Irving Trust Company and �CJames A. Austin (successor I Individual Trustee) as Trustees, dated as of September 1, 1953, and filed for record among other places in the Office of the Recorder of St. Joseph fYy County, Indiana, on October 2, 1953, and recorded in Mortgage Record 590, at page 15; and WHEREAS, the Company has requested the Trustees to release the property hereinafter described from the lien of said Mortgage and Deed of Trust, as amended and supplemented, in order that the Company may convey the said property to City WEBEREAS, the Company has complied w1th all the term: and conditions of said Mortgage and Deed of Trust, as amended and supplemented, with respect to obtaining the release of ;the property hereinafter described from the lien thereof; NOW, THEREFORE THIS INDEDITURE WITNESSETH: That the Trustees, for and in consideration of the ;deposit with the Corporate Trustee of the sum of One Thousand Eight Hundred Dollars ($1,800.00), represented by the Company, N­, k-,1— val_-uo o--e the property' hereby released, the re- 1� �ceipt whereof is hereby acknowledged7 have released, quit. i�claimed and set over, and by these presents do release, quit-` ,claim and set over unto the Company, its successors and assignsq all their right2 title and interest as Trustees as aforesaid in and to the mortgaged property situate in Portage Township, St. Joseph County7 Indiana, and more particularly described, as follows: A tract or parcel of real estate containing thirty-one and twenty-seven hundredths (31.27) acres, more or less, situated in the northwest uarter (1/4) of Section No. twenty-six (2631 Township No. thirty-eight (38) north, range No. Two (2) east, bounded and described by a line running as follows: Beginning at a point In the north line of said section No. twenty-six (26) at a point thirty-eight hundred nineteen (3819) feet east OT the southwest corner of the south- east quarter (1/4) of section No. twentEl y-two A 3 (22), township and range aforesaid; thence south 80 45' east, 202 feet; thence south 10 15' east, 271.5 feet; thence south 120 45' west, 206 feet; thence south 680 30' east, 203.5 feet; thence north 40 30' west, 322 feet; thence south 20�O 45, east, 166 feet; thence south 140 east, 158 feet; thence rF south 80 east, 86.5 feet; thence south 190 15' west 155 feet; thence south 230 15' west, HA feet; thence south 120 15' west, 105.5 feet; thence south 20 45' west, 162 feet; thence south 4o 45' east, 93.5 feet; tkxonce south. 190 151 east, 135.5 feet; thenCE south 254 45, east, 179 feet thence south thence south 550 15' west, 195.5 feet; thence south 770 302 west,-208.5 feet; thence south 88© 15' east, 192 feet; thence north 890 west, 209 feet; thence south 850 45' west, 152 feet; thence south 21 feet, more or less, to the jnortherly low water line of the former chan- nel of the St. Joseph River; thence easterly along said low water line of said former channel to its intersection with the low water line of the left bank of the present channel of the St. Joseph River; thence down- stream along said low water line of said, left bank of said present channel to the north line of said section No. twenty-six (2.6); thence west along said north line of section C25j to the paint and place of beginning. Ruing a portion of the real estate conveyed to South Bend Power Company by Elizabeth G. f Keltner, et al, by deed dated April 15, i 1909, and recorded in the Recorder's Office of St. Joseph County, Indiana, in Deed Re- cord 141 at Page 297, and also a portion of the :real estate conveyed by the said South Bend Power Company to the Indiana & Michigan Electric Company by deed dated October 29, 1935, and recorded in the Recorder's Office of St. Joseph County, Indiana, in Deed Record 278 at Page 108 et seq. Excepting and reserving the perpetual right, privilege and easement to overflow with water and to pond water over, upon and through the real estate herein released by reason of the erection, operation and maintenance of a dam or dams that may be, from time to time, hereafter constructed „across or upon as Corporate Trustee Morgan S . Ma At t, Wm. H. McCoach.., James A. Austin, icy, V J.Ce Pres ASSJ stant Be( dividual '"rust s STATE OF NEW YORK Ss. COUNTY OF NEW YORK I certify that on this/ day of December7 1953) before me) GEO. R. HENRY Notary i and for said County and State, appears V ce President! :2C, to me personally known and known to me to, r,: of Irving Trust Company and the person whose name is signed sworng de-11 to the foregoing instrument, who, 'ffl,)n;_,bby me duly he resides lr)� Z X_1'1� posed and said that Ga't he is a Vice President of Itr ng 'Trt('st seal liknows the corporate seal of said corporation; that the instrument is the corporate sea Of affixed to the foregoIng nsffixed by order of Said the said corporation; that It was so a corporation, and that he signed his name as Vice President 0 j� ke order; and, f *d it nt by li said corpora.�on to sai that acknowledged thereupon sa voluntary act and he signed said and ,,Vrument as his free and as Corporate that said corporation executed said instrument) Trustee7 as its free and voluntary act for the purposes and kE uses therein set forth. IESS wHFREOF I have hereunto set'.mly hand and IN WIT day of December9 of f icial seal this A P, Notary Public CEO' R, HENRY IIOTARY PUBLIC, 9fArr OF NEW YORK Ne, 24-1762A0 \v tiiM.1111v, unr C, YMO K OF NEW YORK County gister, Ne.�ork CouetY SS. clerk and ReOster ��COUNTY OF NEW YORK 1 rwirnissian Expires March 30,1955 I certify that on this // day of December, 19537 before me, GEO, R. HENRY , a Notary Public in and for said County and State, appeared James A. Austin, to me personally known and known to be the individual whose name is signed to the foregoing instrumentq who, being by me duly sworn, deposed and said that he resides in Scarsdale, New York; and thereupon James A. Austin acknowledged the executic of the foregoing instrument, as Individual Trustee, as his free and voluntary act for the purposes and uses therein set forth. IN WITNES ,REOT I have hereunto set hand and j official seal this day of December, 953.