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HomeMy WebLinkAbout#437- Deed; Olive StreetSOECIAL WARRANTY DEED; between Joseph D. Oliver, Jr. Gertraft Oliver Ounninghni., Susan Catherine Olivelr, and J. Oliver Gunninghmm Filed for record: June 27, 196 TRUSTEES I SPECIAL NafARFt A NTY DEED r'iasls ed° .. 7 THIS INDENTURE WI'lti1SSE":[H, That JOSEPH D. OLIVE Jr., U11`t ..w ,. GE11,`:CRUDL' OLIVER CUNNINGHAM, SUSAN C,ATF-iERINE OLIVER and J. OLIVE CiJSM3NING�-tI'U , Date ��� � 1 ...... ° 's Trustees under a Heed of Trust dated the 30 th clay of December, A. D. 1919, wherein JOSEPH D. OLIVER, of South Bend, Indiana, individually and as Trustee, was the Grantor, and which need of '.Crust has heretofore been amended (said Deed of ';Trust and amendments thereto having been duly recorded :gin the Recorder's Office of St. Joseph County, Indiana), convey and release unto i the %,au.nicipal City Of South Bend, Indiana, and its ,plater Works Department, I and its successors and assigns for the stun of one dollar ($1.00) and other4 F valuably;: considerations, the following described real estate; in ,St. Josef.)h County, in the State of Indiana, to wit: �i A parcel of land situated in the North Bast Quarter (N.S.`,) of ° the North' e' st Quarter (N.«,i�.�), Section 1.5, Township Na. 37 North Range 2 East in the City of South Bend, Indiana, described and hounded by a. line running as follows; Beginning at a point located in the center line of Olive Street in the city of South Bend, Indiana, 718.25 feet South of -the North line of Section 15, Township 37 North, Range 2 East, said point beingr the intersection of -the north boundary line of a acre,tract owned by the City of South Bend, with the ' center lane of Olive Street; thence West 1057.1.3 feet to the South-easterly right -of -way :Line of the New York Central Railway Company; thence Northeasterly along the said Southerly right -of -- way line to a point of intersection of the Southeasterly right - of -way line of the New fork Central Railway Company and a line: 50 feet North of and parallel to .the North boundary line of the 17.761 acre tract owned by the Catty of South Bend; thence past ,* along said parallel line a distance of 943.61 feet to the center la.ne of Olive Street; -thence South along the center line of Olive i Q '56 Street 50 feet to the point of beginning. Cc When a total of 21.957 acres was sold to the City of tooth Bend : under deed dated September 1, 1922, the above described strip of landLcon�taining 1.16 acres was reserved for a possible igh-t_of- i" way � Northern Railway Company. Now, years :Later, j CZ this possibility has been abandoned. " ` Subject -to local -taxes assessed in 1.961, payable Ln 1962, and all -taxes thereaftor. Paid the grantors, as Trustees as aforesaid, covenant that they are lawfully seized of the said premises, and have good right to convey the same, that as such -trustees -they have not committed or suffered any act ? BOOKPAGE �- l b oK 615 PAU 586 whereby the title to said land has bean, or will be in any manner encumbered`' or .impaired, and that they will warrant and defend the title thereto against any liens or encumbrances created or suffered by them as such Trustees. The foregoing conveyance is mane in pursuance of the pourers contained in said Deed or "gust dated the 30th day of December, A. D. '191.9, he retof ure amended, 1N IHTNIESS 1,IFIi^1tEOF, the: said Trustees have hereunto set their hands and affixed their scals h-i. ____fifteenth . day of. June A.D. 1961. Jcr"wfah"sOliver Jr .f Sr "Stec r w „ p Gertrude Oi.iver UurmingA\ m, Trustee .�. Susan Catherine herine Oliver, Trustee II / If'» Oliver STATE' OF INDIAN ) SS: 'OUNTY OF ST. JOSEPH 1 Before me, the undersigned, a Notary Public in and for said ounty;,,,Carrle JOfSEPH O. OLI' EIR Jr. and. Gk1�T UPI OLIVER CU�dNIIVGFI�L� and lUOAIt r ERINT OLIVER aelmowl.edGec the execution of the above deed by them as Truw s aforesaid. 1,WITNESS my hand and Notarial Seal, this (X�A day of ^ Mll., A. D. 1961. \w'*j obert U. Kuehl Notary Public i YW (;camaission expires 4✓13/64. ` � u STATE OF ARIZONA SS: COUNTY OF WRICOPA Before me, the undersigned, a Notary Public in and fwr sail lounty, came J. OLIVER CUNNINGHAM, and acknowledged 'the execution of the above deed by him as Trustee as aforesaid. WITNE3S my hand and Notarial Seal, day of D. 3.961. 17 �J '1�10tary public 1,ly Commission expires- : ^ P. l I L-311 MIN U-L s ,T. JOSEPH (,'0,, INDIANA, Amount of Insurance ..17,.4:..Q.SQ.. Policy No... S.J .-2007 union itte Tantpalty INDIANAPOLIS POLICY of TITLE INSURANCE This Policy of Title .Insurance Witnesseth, that the UNION TITLE COMPANY, in considera- tion of the payment of its premiums and charges for examination of title, the receipt of which is hereby acknowledged, doth hereby guarantee and insure MUNICIPAL CITY OF SOUTH BEND, IIrIDIANA AND ITS WATER WORKS DEPARTMENT, AND ITS SUCCESSORS AND ASSIGNS executors, administrators, heirs, devisees, successors or assigns against all loss or damage not ex- ceeding ONE THOUSAND SEVENI`IUNDRED FORTY and no/300 — — dollars, which the insured shall sustain by reason of any defect in the title of the insured as set forth in Schedule A herein to the real estate or interest therein, described in said Schedule A, or by reason of liens or encumbrances affecting the same, at the date hereof, excepting only such liens, encum- brances and other matters as are set forth in Schedule B herein, subject to the conditions and stipu- lations hereto annexed, which are incorporated herein and made a part of this Policy. IN WITNESS WHEREOF, UNION TITLE COMPANY has caused this policy to be executed this ``..... day of ................................................... sT.:Ciae .......... ......19.......61, This policy is valid only when countersigned UNION TITLE COMPANY by a duly authorized officer or agent. By41 Countersigned {� President The, ABSTRACT and TITLE Corporation And by of South Bend Secretary 502 Tower Bu dingy By A c�� Vice President Authorized Officer —Agent /" SCHEDULE A 1. The estate or interest of the insured covered by this policy: Fee simple under the following deed: Warranty Deed; Executed by Joseph D. Oliver, Jr., Gertrude Oliver Cunningham, Susan Catherine Oliver and J. Oliver Cunningham, as Trustees under Deed of Trust dated the 30th day of December, A. D. 1919, - to - MUNICIPAL CITY OF SOUTH BEND, INDIANA and its WATER WORKS DEPARTMENT,and its successors and assigns - Dated June 15, 1961 - Filed for record June 27, 1961 - Deed Record 615, pages 585-587 Office of Recorder - St. Joseph County - State of Indiana 2. Description of the property the title to which is insured herein, situated in the State of Indiana, County of St. Joseph: A parcel of land situated in the North East quarter of the North West quarter of Section 15, Township 37 North, Range 2 East, in the City of South Bend described and bounded by a line running as follows, vita Beginning at a point located in the center line of Olive Street in the City of South. Bend, 718.25 feet South of the North line of Section 15, Township 37 North, Range 2 East, said point being the intersection of the North boundary line of a 17.761 acre tract owned by the City of South Bend, with the center line of Olive Street; thence West 1057.13 feet to the Southeasterly right-of-way line of the New York Central Railway Company; thence Northeasterly along the said Southerly right-of-way line to a point of inter- section of the Southeasterly right-of-way line of the New York Central Railway Company and a line 50 feet North of and parallel to the North boundary line of the 17.761 acre tract owned by the City of South Bend; thence East along said parallel line a distance of 943.61 feet to the center line of Olive Street; thence South along the center line of Olive Street, 50 feet to the point of beginning. W/ SCHEDULE B Showing estates, interests, defects or objections to title, and liens, charges, and incumbrances affecting said premises or the estate or interest insured, Which do or may now exist, and against which the Company does not insure or agree to indemnify. Item 1. Taxes for 1961 payable in 1962 and all subsequent taxes. Item 2. Legal highways. Item 3. Rights of the City of South Bend to Jay and maintain water mains under the surface and across said premises as granted in a warranty deed from James Oliver 2nd, et al., to City Of South Bend, dated July 25, 1922', recorded September 1, 1922, in Deed Record 174, pages 67-68. CONDITIONS AND STIPL 1. The UNION TITLE COMPANY shall have the right to, and will, at its own '.' and charges, defend the party guaranteed in all actions of ejectment or other action or Proceeding founded upon a claim of title, encumbrance or defect which existed or is claimed to have existed Prior in date to this pcdi.y and not excepted herein; reserving, however, the option of settling the claim or Paying this policy in full; and the payment or tender of payment to the fall ..son t of this policy shall determine all liability of this Company thereunder, In case any such action or Proceeding shall be begun, it shall be the duty I care —t—d .1 ..ce to notify the Company thereof to writing and e! to it, when practicable, the right to defend such action or Proceeding, and to give all reasonable assistance therein. If such notice shall not be given to the Company within seven days after the service of the first summons or other process in such action or proceeding, then all liability of this Company in ro, gard to the subject matter of such action or proceeding shall coast and be de- termined; Provided, however, that failure to notify -bull in no case prejudice the claim of the party guaranteed if he shall I not be a party to such action or proceed In", nor be served with summons therein, nor have any knowledge of each action or proceeding. 2. Whenever the Company shall have settled a claim under this policy, it .he]1 be entitled to all rights and remedies which the party guaranteed would have had against any other person or property in respect to such claim, had this Policy not been made and the party guaranteed undertaken to transfer or cause t� be transferred to it such rights, together with the right to use the name of the party guaranteed when necessary for the recovery thereof, such rights of -abrogation to vest in the Company unaffected by any act of the party guaranteed, 3A statement in writing of any Iwo or damage for which it is claimed this Company I. liable shall be furnished to the Company within sixty day. after such Iwo or damage, and no right of action shall accrue under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had under this policy unless action shall be commenced thereon within three yeam after the expiration of said last mentioned Period of thirty days; and a failure to furnish such statement of Iwo or damage, and to commence such action within the times herelribefore specifted, shall be a conclusive bar against the maintenance of any action under this policy. A. All Payments under this policy shall reduce the amount guaranteed Tire LATIONS OF THIS POLICY `groo,1 that any loss payable under this policy may be applied by this Company to the payment of any mortgage mentioned in Schedule B, the title under which is insured by this Company, or which may be held by this Company, and th amount so paid shall also be deemed a payment to the insured under this policy. The aggregate liability of this Company under this policy and any policy is. sued to the holder of any such mortgage, shall not exceed the amount of this policy. G. Nothing contained in this Policy shall be construed as, a guarantee against defects or incumbrances created subsequent to the date hereof or cre- ated by the insured hereunder. G. Loss or damage by reason of taxes or assessments which have not be- come liens at the date of this policy, or mechanic's liens when no notice the — of appears of record, is not covered by this policy. 7.Nothing contained in this policy shall be construed re, insuring (11 against the consequences of any low, ordinance or governmental regulation (in- cluding building and "zoning" ordinances) limiting or regulating the use or enjoyment t of the property herein described or the character, dimensions or lo- cation of any improvement erected or to be erected thereon or (2) against the consequences of the exercise or attempted exercise of "police power" or the power of "eminent domain" over said property. or (3) the title or rights of the assured in any Premises beyond the lines of the premises des- cribed in Schedule "A", or in any streets, roads, avenues, lanes, ways or waters, on which said Property abuts, unless such rights are. specifically ex. pressed an being Insured, or (4) against low, or damage by reason of the rights and claims of parties in Physical Possession not shown of record, or (6) the acreage or aren contained in a given tract nor the accuracy or location of boundary lines, unless an accurate survey of the Premises described is furnished or �G) against judgments or ffi other liens of record or bankruptcies in the oce of t is Clerk of the United States Courts or of the Collector of Internal Revenue unless notice shall have been filed in the office of the Clerk or Recorder of the county where the real estate herein described is located, S. Any untrue statement made by insured, or the agent of the insured, with respect to any material feet, any suprossion, of or failure to disclose any material fact; any untrue answer, by the insured, or the agent of the i- sured, to material inquiries' before the issuing of this Policy, shall Vold this Policy.