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HomeMy WebLinkAbout#421 - Deed; Inner Belt thoroughfare (nw section) - area of SE corner of intersection of LWW and Scott Street-1: Q/ a California corporation, herein called the Company, for a valuable consideration, hereby insures the person ....................... "),iodItIC A, rogerh s,,,personal representatives of such person or persons, or, a corporation, its successors by dissolution, merger or consolidation against loss or damage not exceeding the amount stated in Schedule A, 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 reason 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 referred 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 Conditions and Stipulations herein contained, which Conditions and Stipulations, together with Schedules A and B are hereby made a part of this, policy. This policy shall not be valid or binding until countersigned below by a validating officer of the Company. In Witness Whereof, Pioneer National Title Insurance Company has caused 1. Corporate naffie and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the effective date of this policy, Pioneer National Title Insurance Company by PRESIDENT Attest: SECRETARY ABST,,,'1,1!1FT COMPANY OF ST. JOSEPH COUNTY, INC. I. ..... . . . ... Ile By F ....... . . . . .. . ..... Validating Signatory Horace B. Clarke,, President OWNERS POLICY- STANDARD FORM B- 1962 ... . ..... .. . . TO 14A6 PNT1 (11-66) ALTA OWNERS-1962 Policy No. 1,3JA 38564 SCHEDULE A Effective Date November 24, 1967 at 8: 00 A. M. INS URED 21/15063 Arnount $ P., oOO. 00 THE CITY OF SOUTH BEN)), INDIANA., a Municipal Corporation L Title to the estate or interest covered by this policy at the date hereof is vested in the Insured: or referred to in this Scliedule covered by this PORCY is Fee Simple. 3. The land referred to in this policy is located in the County of St. Joseph State of Indiana mid described as follows: A part of Lots 2., 3 and 4 of' Kunstman's 2nd Addition, described as follows: All of Lot 11. except the SoL),.th 103.50 feet thereof and that part of Lot 2 and Lot 3 described as follows: Beginning an the 4,Iest line of Lot 3, 33.50 feet North of the North- west corner of the South 47-00 feet of Lot 3; thence North 109.11 feet along said West line to the Northwest corner of Lot 3; thence South- easterly 130.02 feet along the North line of Lot 3 and Lot 2 to the Northeast corner of Lot 2; thence South 4,82 feet along the East line of Lot 2; thence Southwesterly 114.62 feet along an arc to the left having a radius of 103.00 feet and subtended by a long cborct Mav:Lng a length of 108.80 feet with a deflection angle of 730 o6l 37" right of the last described course extended; thence Southwesterly 16.48 feet along a line with a deflection angle of 310 521 47" left from the Tang chord extended of last described course to the point of 'beginning. cy No. SJA 38564- policy does not insure against loss or damage by reason,of the following: Standard E xceptions: Rights or claims of parties in possession not shown by the public records. Easements, or claims of easements, not shown by the public records, Encroaclunents, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of fl-te promises, Any lien, or rid l-it to a lien, for services, labor, or material heretofore or hereafter fun),isbed, imposed by law -wid not shown, by the public records, Special Exceptions: axes for the year 1967 payable in 1968. -#3-01-18;22-907 - Lot 2 - 1966 valuation - Land $1130. Part of #3-01-18;22-gob l -/i,ot- 2 and Lot 3 - 1-966 Valuation - Land. $1210. $4220. No Exemp. - Total $514.30. #3-01-18;22-902 - l:.,,ot 4 - 1.,966 Valuation - Land $goo. Tects caption real estate and other real estate) I CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) S. COINSURANCE AND APPORTIONMENT (a) In the event that a partial loss occurs after the Insured makes -an improvement Subsequent to the date of this policy, and only in that event, the Insured becomes a coinsurer to the extent hereinafter set forth. If the Cost of the improvement exceeds riventy per centum of the amount of this such proportion only of any parti,;d loss established shall be borne by the Com- pany as one hundred twenty per centum of expended for the improvement.-Theforego" ing Provisions shall not apply to costs and attorneys' fees incurred by the Company in Prosecuting or Providing for the defense of actions or Proceedings in behalf of the In- sured pursuant to the terms of this policy or to costs imposed on the Insured in such ac- tions or proceedings, and shall apply only to that portion of losses which exceed in the aggregate ten per cent of the face of the policy. Provided, however, that the foregoing Co- insurance provisions shall not apply to any loss arising out Of a lien or encumbrance for - I. q.ida'ed amount which existed on the date of this Policy and was not shown in Schedule B; and provided further, such Co- insurance provisions shall not apply to any loss if, at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the amount of this policy. (b) If the land described or referred to in Schedule A is divisible into separate and noncontiguous parcels, or if contiguous and such Parcels are not used as one single site and a loss is established affecting one o, more of said parcels but not all, the loss shall be computed and settled on a pro rasa basis as if the face amount of this policy was divided pro rata as to the value on the date of �this cY of each separate independent this poll ­1111-1 IU Me (late of cy, unless a liability or value has Otherwise been agreed Upon as to each such Parcel by the Company and the Insured at 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 subro- gation 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 subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of the Insured, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Com- pany 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 property necessary in order to perfect such right of subrogation, and shall Dermit the Company to use the name of the Insured in any transaction or litigation in- volving such rights or remedies, TO. POLICY ENTIRE CONTRACT Any action or actions or rights of a crion 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 Secre- rary, an Assistant Secretary or other validat- ing officer of the Company. I I - NOTICES, WHERE SENT All notices required to be given the Com- pany and any statement in writing required to be furnished the Company shall be ad. dressed to it at its division office whosepres- enE address is shown hereon. 4 TO 1451 PNTI q12-66) OWNERS POLICY OF TJTLE INSURANCE ISSUED BY s t ', Lir a -n c, e Company ozriee,,,1,,c� Nalci a California corporation, herein called the Cornpwiy, for a valuable considerarion, hereby insurers tile person or persons named as ensured in Schedule A, togetherwich their heirs, devisees, personal representatives of Stich person or persons, or, if a corporation, its successors by dissolution, merger or consolidation against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, rare which the Insured Shall sustain by reason 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 referred 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 sublecc, howuvcr, to rl,(• c(,)ndVion,,,, and Stilmlations lie��ejtj cotitaill,ti, which ond (, cogeffier with Schedules A and Bare here by unpack a pan of this, policy, , itions and StipUlations, This policy shall 1,10t be valid or binding until cc)untersigned be[ow by a validating officer of the Company. In Witness Whereof, Pioneer National Title Insurance Company has caused its corporate narne and sea] to be hereunto affixed by its duly authorized officers as of the (late shown in Schedule A, the effective dare of this policy. Pioneer National Title Insurance Company by, PRESMENT Counre rs-' , n(ld Altest: ABS IPT` COMPANY OF ST. JOSEPH COUNTY, INC m SECRETARY By Validating Siguatory Horace B. Clarke, President CIATION OWNERS POLICY -STANDARD FORM B - 1962 ,�„ iiGaG/�lr%/�io �/rr/%.,,�, . ,r ..� . ,lr,�F�ll,r 29674 Taxing unit Date LI TED WARRANTY DEED Boo THIS IS A DEED dated IL CO 19� by SHELL OIL Cp�2ANX, ` a Delaware corporation with office' at 10 South Riverside Plaza in Chicago, Illinois, (herein called "Grantor") to THE CITY OF SOUTH BEND, INDIANA, a Municipal corporation of St. Joseph County in the State of Indiana, (herein called "Grantee", whether one or more): /ii% GRANTOR for good and valuable consideration received., hereby grants /'``i,5'?f!''�'+"�a,�,"q,,,�„;"car.,9y4,✓i^'',/i,ce7..:m,//,r„4+ha•u«r,.c�.7;gi,,u:*�erc':its'c>c"1t•,,•pre441525 situated in South Bend, bounty o St': Joseph, State of Indiana: A part of Lots 2, 3 and 4 of Kunstman's 2nd Addition, described as follows: +9 All of Lot 4 except the South 103.50 feet thereof and that part of Lot 2 and Lot 3 described as follows: Q", Beginning on the West line of Lot 3, 33.50 feet North of the Northwest corner of the South 47.00 feet of Lot 3; thence North 109.11 feet along said West line to the Northwest corner of Lot 3; thence Southeasterly 130.02 feet along 'the North line of Lot 3 and ,o Lot 2 to the Northeast corner of Lot 2; thence South 4.82 feet along the East line of Lot 2; thence Southwesterly 114.62 feet along an are to the left having a radius of 103.00 feet and sub- tended by a long chord having a length of 108.80 feet with a deflection angle of 730 06' 37" right of the last described course extended; thence Southwesterly 16.48 feet along a line with a. deflection angle of 310 52' 47" left from the long chord extended of last described course to the point of beginning, together with all rights, privileges and appurtenances thereto and all buildings and land improvements thereon; but subject to all easements, rights -of -way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show; TO HAVE AND TO HOLD the same unto Grantee and Grantee's successors and assigns forever. SUBJECT to the foregoing and to the liens of all taxes and assessments for the year 1967 and subsequent years, Grantor covenants with Grantee that Grantor will warrant and defend the title to the premises against the lawful claims of all persons claiming by, through or under Grantor. EXECUTED by Grantor by its Vice President (hereunto duly authorized) as of the date first herein specified. iSES SHELL OIL CO ANYBy B. HO DGRAFQ( i' resident) ATTEST_ / R. H. HAHN (Assistant Sec'r �eta�ry) -' ') F ;4 STATE OF ILLINOIS ) SS: COUNTY OF COOK ) 0l;r%/,gin, ii On this day o�" �,� 7967"»„ before me, a Notary Public o, *�/i,.e�;, �i/� 4o/'t . <. ii <.".< ��,,,,, ,u � ,,, ,1, rert rr' I : HO'tDGRAF and R. 1I. HAHN, to me personally known and known to me to be the same persons who executed the foregoing instrument, who, being by me duly sworn, did say that they are 'mice President and Assistant Secretary, respectively, of Shell Oil Company, a Delaware corporation, that they know the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Hoard of Directors and said M. B. HOLDGRAF and R. H. HAHN acknowledged said instrument to be their own free act and deed and the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on th,e! aforesaid day and year. "My Coumiissio' a expires: /// Notary b1' r Iildiarrza Grass Income Tex on Sale of Real Estate Paid by daY i. t � T, ) r'• Date Paid 11-13-67 A111ount Paid S 1-inn nn bOOK ., 694 i,,NGE 50