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HomeMy WebLinkAbout#355- Deed; Sample Street, widening across pennsylvannia railroad crossing btwn lafayette and Mainj" �j" 7 J 11""'i W/�/ )7' J" THE PHILADELPHIA,$ BALTIMORE AND WASHINGTON RAILROAD COMPANY office of the Secretary I HEREBY CERTIFY that the following is a true and correct copy, from the minutes of action taken at a meeting of the Board of Directors of the above -named Company, held September 28th) 1959: RESOLVED that any sale of real estate or an interest therein which, in the opinion of the President,, any Vice President or the General Manager) Real Estate, shall be "involve'-' li6ad, and which s a consideration not exceeding $20,000., may be made upon such terms and for such consideration as in the judgment of the President., any Vice President or the General Manager., Real Estate,, are just and reasonable, and any of them is authorized to enter into and execute in the name of the Company., under its corporate seal or otherwise., contracts or agreements for the sale of such real estate or interest therein, the authority so exercised to be reported semi-annually to the Board. RESOLVED that the President, any Vice President or the General Manager, Real Estate, is authorized and empowered., in the event of such sales, to execute deeds and all papers or instruments in connection therewith, to affix the corporate seal thereto, and to acknowledge and deliver the same, and take all other actions and do all other things., All with the same force,and effect as if a specific resolution were adopted by the Board in each case. j PC r7 BOOK 0, Assistant Secretary. aa 118,9MR62.0 M PENNSYLVANIA RAILROAD COMPANY Office of the Secretary General Office, Philadelphia I HEREBY CERTIFY that the following is a true and correct copy,, from the minutes, of action taken at a meeting of the Board of Directors of THE PENNSYLVANIA RAILROAD COMPANY, held at the General Office of the Company, in the City of Phila- delphia., on June 24th, 1959: RESOLVED that any sale of real estate or an interest therein which, in the opinion of the President, any Vice President or the General Manager, Real Estate, shall be no longer necessary for the operation of the Company's railroad, and which involves a consideration not exceeding $20,000., may be made upon such terms and for such consideration as in the judgment of the President, any Vice President or the General manager., Real Estate, are just and reasonable, and any of them is authorized to enter into and execute in the name of the Company,, under its cor- porate seal or otherwise) contracts or agreements for the sale of such real estate or interest therein, the authority so exercised to be reported semi-annually to the Board. RESOLVED that the President, any Vice President or the General Manager, Real Estate, is authorized and empowered, in the event of such sales, to execute deeds and all papers or instruments in connection therewith, to affix the cor- porate seal thereto) and to acknowledge and deliver the same, and take all other actions and do all other things,, all with the same force and effect as if a specific resolution were adopted by the Board in each case. Assistant Secretary. I tj °,"56506 GRfLNT OF EASEEENT m with RELEASE by THE PENNSYLVANIA RAILROO C%PANY Lessee to MNIIMM Over land situate irk the City of South Bend, Sto Joseph County, Indianan e(, eggko Desep. APP v Compd* Tr,ansfer ... Taxing/Unit l�.-­ BOOK PAGE1222 f4 4: !i, 1-1) date -2— T H I S I N D E N T U R E W I T N E S S E T H, that THE PHILADELPiia, BALTI- MORE AND WASHINGTON RAILROAD COMPANY, a Corporation, the Grantor, for and in considera- tion of the sum of $600.00 to it paid, the receipt of which sum is hereby acknowledged, does hereby grant unto CITY OF SOUTH BEND, a Municipal Corporation of the State of Indiana, in the County of St. Joseph, the Grantee, the right, liberty and privilege of constructing, establishing and maintaining a public highway, at grade, over and across Street, said easement being over: ALL THAT strip or parcel of land 20 feet wide, situate in the City of South Bend, County of St. Joseph and State of Indiana, bounded and described as follows, viz:. BEGINNING at a point where the westerly line of land of The Philadelphia, Balti . ..... more and Washington Railroad Company meets the southerly line of West Sample Street (50 feet wide) at the distance of 115 feet, +, measured eastwardly along said line of West Sample Street from the easterly line of Lafayette Street* EXTENDING from said beginning point the following four courses and distances: (1) Eastwardly along said southerly line of West Sample Street 50 feet, +p to the westerly line of an alley; (2) Southwardly along the same 20 feet; (3) Westwardly through land of said Railroad Company parallel with said southerly line of West Sample z,N'Street 50 feet, to said westerly line of land of Railroad Company; and (4) North- wardly, along the same 20 feet to the place of beginning CONTAINING 1,000 square feet, THIS GRANT is made expressly subject to (1) such state of facts as an accurate survey may disclose; and (2) all rights of the said Grantor in said land not incon- sistent herowith, including the right to maintain, widen, enlarge, alter, change improve and operate its railroad and all necessary or convenient appurtenances over and across the said land and public highway and including the right to construct or install across the same whatever facilities as may be necessary or convenient in con- nection therewith and/or in connection with any change in motive power and operation which may be hereafter made, including as well the installation, maintenance and use under, across or above the said land and/or public highway of any power lines, train control, communication and signal lines or any other system or systems or other con- venient facilities and appurtenances whatsoever. THIS GRANT is executed, delivered and accepted upon the understanding and agree- ment (1) that, in consideration of the rights hereby granted, no special tax or assess, Iment shall be levied against the Grantor or its properties as a part of or in connec- tion with the widening of the said West Sample Street; and (2) that if and when the hereinrbef're described strip of land or any part thereof shall cease to be used for such aforesaid purpose, the right, liberty and privilege hereby granted shall im- mediately ly cease and terminate as to so much of said land as shall so cease to be used, with ' I h h the same force and effect as if these presents had never been made.. f. ----IN WITNESS WHEREOF, the said THE PHILADELPHIA, BALTIMORE AM WASHII GOMPkNY has caused this Indenture to be executed by rm� its General Manager, Real Estate and attested by ALVIN RARE its AS%I%TAIRT Secretary, this day of M17 r C A A. D. 1962. THE PHILADELPHIA, BALTIMORE AND WASHINGTON RAILROAD COMPANY WE, E. E. Kinzel, General Manager, Attest: Alvin Babe, A9818TANT Secretary. :0MMONWEALTH OF PENNSYLVANIA ss ,OUNTY OF MONTGOMERY BEFORE ME, the undersigned, a Notary Public in and for said County and Common— ,iealth, personally appeared mH.- KIN ZM , as General Manager leal Estate and ALVIN BADS as ASSISTANT Secretary, respectively, of THE PHILADELPHIA, BALTIMORE AND WASHINGTON RAILROAD COMPANY, a Corporation and severally acknowledged the execution of the aforegoing Indenture to be the voluntary act and deed of said THE PHILADELPHIA, BALTIMORE AND WASHINGTON RAILROAD COMPANY, and ;heir voluntary act and deed as such officers WITNESS my hand and notarial seal this day of e;Av 0 1. D. 1962. ...... O'h Notary Public. STEPHEN P. DOWNS NOTAPY PUBLIC Z� Lower Eletion Twp., Montgomery Co., Pa. My Commission Expires July 2,1965 $2 $2 $2 $2 N "'A"A" T W W Cr 0- i ,kunij, all Men leg flyst FrPonto, bo 628 pm;E224 That THE PENNSYLVANIA RAILROAD COMPANY, a Corporation, Lessee of TU PIJ11ADEL-PliIA, BALTIYDRE AND ViASHINGTON RAILROAD .. under Indenture of Lease dated Viarch 26, 1921— for and during the full term of Nine Hundred and Ninety- nine 'years, DOES, in consideration of the sum of One Dollar, hereby consent and agree to tbezranti of thcegit X.%&URWj= 7ga& described in the foregoing and attachc2�nwi3s dated Ma^,c,/7 Z / 'tr 1962 , and does hereby remise, release, surrender and yield up to CITY OF SOUTH BEND,—,---,,--.,,,- ------- ease the ant �ntra�ne therein, IN WITNESS WHEREOF, the said THE PENNSYLVANIA RAILROAD COMPANY has General Manager, caused this Instrument to be executed by 3-' E. KINZEL , i ypr, !���Rea state and attested by F. J. BRITTINGKA11 its ASST, TO THF. Secretary, this day of /Via rc A. D. 1962 --- — --- ____ THE PENNSYLVANIA RAILROAD COMPANY By: E. E. Kinzel, Gener I2axage Reasi-t'4 e. /-YAttest: F. J. Britting ASi". T T4k S(Uretary. COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA BEFORE ME, the undersigned, a Notary Public, in and for said County and Commonwealth, personally appeared U. E. KINZIM as�&Wreaa�ef state and P. J. BRITTINGHAM as ASST. TO THE Secretary, respectively, of THE PENNSYLVANIA ]RAILROAD COMPANY, a Corporation, and severally acknowledged the execution of the aforegoing Instrument to be the voluntary act and deed of said THE PENNSYLVANIA RAILROAD COMPANY, and their voluntary act and deed as such -W. WITNESS my hand and Notarial seal, this fL 6 day of ;11)? 4"L C'"/� A. D. 1962 . This Instrument prepared by: Norman R. Cole ROOM 1444 - Transportation Center Six Penn Center Plaza Philadelphia., 4, Pa. 0 5615916-11111- C 'N") TRUST C()'"IYl`Jll'lf . . ......... and 1). A. 11-1AZIlIPT Tr u s t � e --- to - - - TI'lE '-YJ'.' ' I T Lai--d situate in, thral City of South 3erLd� st. ,'Oserki'l Gounty, IrIcar''LI'la" y' Prep. j .fir p. F That WHEREAS, The Pittsburgh, Cincinnati, Chicago and St. Louis Railroad Company 'by Indenture of Mortgage dated June ls�t, 1920, and recorded in St. Joseph County,, Indiana, in Mortgage Book, Volume 14.0, Page 100, granted and conveyed in Mortgage unto THE UNION TRUST COMPANY OF PITTSBURGH certain of its property, real and personal, corporate rights and franchises, in trust, nevertheles for the benefit and security of all the holders of the bonds and coupons issued and to be issued under said Indenture; and WHEREAS, by virtue of an Agreement of Consolidation and Joint Kan of Merger, date July 8, 1946, The Union Trust Company of Pittsburgh was merged and consolidated into an with Mellon National Bank under the changed name of Mellon National Bank and Trust Company,success r and thereupon Mellon National Bank and Trust Company became and now is success Trustee to The Union Trust Company of Pittsburgh, Trustee, under the above recited Index, N wittallvU> s by k;upplemental Indenture of Mortgage, dated December 2, 1946, which is recorded in St. Joseph County, Indiana, in Book Volume 413, Page 390v b . . ... . ... . Netween The Pittsburgh, Cincinnati, Chicago and St. Louis Railroad Company and Mellon National Bank and Trust Company and E. D. Hayes, Trustees, V, the succession of the Mellon NationalBank and Trust Company to The Union Trust Company of Pittsburgh as Trustee and said Indenture of Mortgage was set forth, and E. D. Hayes was appointed Co -Trustee in accordance with the gprovisions of Section 11 of Article Tenth of said Indenture of Mort gage; and _'s WHEREAS, E. D� Hayes, Co -Trustee as aforesaid, died on April 20, 1948 And by Suppi mental Indenture of Mortgage dated as of June 15, 1948, which is recorded in St. Joseph County, Indiana, in Book Volume 447, Page 300, between The Pittsburgh, Cincinnati, Chicago and St. Louis Railroad Company and Mellon National Bank and. Trust Company, D. A. Hazlett was appointed Co -Trustee in the place an stead of the aforesaid E. D. Hayes, in accordance with the provisions of Section 11 of Article Tenth of said Indenture of Mortgage; and WHEREAS, in and by said Mortgage, as amended, it is, among other things, provided as follows: "Article Eighth, Section 'T: the Railroad Company shall be empowered '(b) By and with the consent and approval in -writing of the Trustees, to 2, sell or exchange such parts of the railroads, rights of way, terminals, yards, depots and appurtenances and estate hereby conveyed as, in the judgment of the Railroad Company, shall be no longer necessary or useful for the operation or conduct of the railroad lines or leaseholds hereby mortgaged or the business -thereof, and to grant, bargain, sell, convey, assign and transfer the same free and clear from the lien and operation of -these presents; xxx"; and WHEREAS., by Agreement of Merger effective April 2, 1956, all the corporate rights, franchises and property of said The Pittsburgh, Cincinnati, Chicago and St, Louis Rail- road Company became vested in The Philadelphia, Baltimoreand Washington Railroad Com- pany; and WHEREAS said The Philadelphia, Baltimore and Washington Railroad Company has granted jd0ddLtXy.XjW&�k, or is about to grant SMLXZk� unto City of South Bend _ for the consideration of $600.00 ease. thehereinafter referred to and now desires the, PgL and approval of the q aforesaid Trustees thereto, to the intent that the said, C may be free and clear of' Yhe lien of said Indentures f ortgages, and it has presented to s4id Trustees evi- i � in accordance with the terms of said Indentures of deVce of the propriety of saes lOrtgages. NOVIp TBEREF-ORE, IMOW YE, that the said MELLON NATIONAL BANK AND TRUST COMPANY and the said D. A. HAZLETT, Trustees as aforesaid, by virtue of the _power and authority in them vested, in consideration of the premises and of'the receipt of One Dollar, ($1.00, lawful money of the United States ofAmerica and other good and valuable considers, *qns 6ee e�reis is hereby hereby co;sent to and approve of thl� Iffee3idptd we ie c 'td "e In 10 e h free and clear of the lien of said Indentures of Mort- gages, w s ic gages, which said/ as follows: BOOK NAGE60�) �publiTla' right) liberty and privilege of constructing, cstr,'),blishing and maintaining a highw ay, at grade, over and across land and railroad of the said Railroad Cornpan, in connection with the widening S g of West Sample Street, said easement being over all that strip or parcel of land 20 feet wide, situate in the City Of South Bend, County of St. Joseph and State of Indiana, coiftuaj.ning 1,000 square feet, ±, as more particularly des- cribed in the Grant of Fasement from said Railroad Compan, t) C t of out , d, dated pony ( i y S h Ben the twenty-first day of March, 1962, AND said MELLON NATIONAL BANK AND TRUST COMPANY and D. A. HAZLETT, as Trustees as aforesaid, hereby release and forever i vitclaim. to said The Philadelphia, Bqltimore and ease 101 Washington Railroad Company the mus�ez described in the above recited s d PROVIDED, however, that nothing herein contained shall in ,anywise affect, alter or diminish the lien or opera -Lion of the said Indentures of Mortgages upon or against the remaining or other portion of the premises in said Indentures of Mortgages described an not he -rein or here -by intended to be released, discharged or exonerated therefrom. THE recitals of fact herein contained are not made by the Trustees, except that re iur tine same. 'Vh'e 01 IN WITNESS WHEREOF, said MELLON NATIONAL BANK AND B " PACE TRUST COMPANY, as Trustee as aforesaid, has caused this Instrument to be executed by ice- esident, and attested by 'tsAPf518t*.2j,b Secretary, D. A. HAZLETT, as Trustee as aforesaid, has hereunto affixed his hand and seal, this / e, r' day of 114L ('- MELLON NATIONAL RANK AND TRUST COMPANY as Trustee as aforesaid. By: (N. R. Smith) ata,u b Vi ce'-Presldent Attest (B. (SEAL) D A. Ha: ,�/ett as Trustee as afo'r'esaid. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ss BEFORE ME, the undersigne,4 personally appeared�arq ,,a Notary Public IN69 said County and COMMonwealt V". V"" asp VA?171 as Secr) 0"President and alt NATIONAL BANK ANi) TRUST C etary, respectively, of the said MLLO OMPANY and severally acknowledged the execution of the above Instrument to be the voluntary act and deed of the said MELLON NATIONAL BANK AND TRUST COMPANY, as Trustee as aforesaid, and their voluntary act as such officers, and also personally appeared D. A. HAZLETT, as Trustee as aforesaid, and acknowledged the execu- tion of the above Instrument to be his voluntary act and deed as such Trustee. WITNESS my hand and notarial seal, this A. D. 1962. -ez"' day of APPROVED %U''' 4 �� R6C REAI, Es far„ eNciN�ER iATE DEFT RECORD{ DRAWER.j...ATLAS ./.y1.. ROLL MAP..:..,... MAP. �/]37(/7), w CA$E (UMBER S.3.0.6..,. D2 NORTH LINE OF 5EC, /3 -T 37. N. - R. 2E. hob L.4FAYETTE STREET 1h j h u Alp lele I 4 -_ _- - " e4 -- .} AREA-/,000SP•F. � [ i�i f CRADG X/Ns 1 � h V V N ZECENo THE P�fNSYLVAN/A RAILROAD NORTHWESTERN RrVON CH/CACO DISTR/C R. W. P � EASE7`lL'NT " ' .... to AREA P c o, Bw sin B yr 7a ---- oo sv. fr. C/TOf SoUTN BEND, /ND/ANA .. . BY THB. 7�tEF'B W.. R.R. Co. LOCi,[IOM NW,4 SEC /3 T,77N R.,px ✓Az. S.Ec. /c; /N4. MAfs NO, S.T.¢Ob WARD., ci .SoUTH...6ENQ...._... BOROUGH...--_ ......................................... GL f iH /00 DATE✓.�?M Ieggl 6�v ....... BYA ,.etM. TOWNSHIP{"/:7QFZ,T,Q.Ci��....._.... COUNTY s.T:.. ✓OSE/pH STATE-1 .N.A......... ...CHECKED -BOROUGH ............... .......................