HomeMy WebLinkAbout#547- Deed; Warranty deed - lot 40 as shown on the recorded plat of jewelwood add (gilmer park, division A)H1
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ST. JOSEPH CO.
I N D I AN A
FILED FOR RECORD
MAY 20 9 o3 Ali '7 1
8001� PAGE
EDWIN A, KALCZYNSKI
RECORDER
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MAIL DEED TO; MAIL ti BILLS TC,
Robert Galloway
oway
20502 JOHNSON ROAD
SOUTH BEND, INDIANA 46614 8934504 AUDITOR's RECORD
KEY # 01-1079-2653 Tmnsfr, No. % �/�7
Taxing Unit
M`�'R]!A Dr�Dal. .AR, R;,
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CIVIL CITY OF SOUTH BEND, INDIANA, a municipal corporation
the Grantor
Release and Quit -Claim to Robert Galloway
the Grantee
forandinconsiderationof One Thousand Seventy -Two Dollars ($1,072.00)
the receipt of which is hereby acknowledged, Real Estate in S t. Joseph county,
inthe State of Indiana described as follows:
Lot Numbered Forty (40) as shown on the recorded plat of Jewelwood
Addition, located in the Northeast Quarter (t)of Socclon TIUrty-five
(35), Township Thirty-seven (37) North, Range Two c(2r) East, recorded
November 7, 1958 in Plat Book 20, page J and re -recorded December 15,
1960 in Plat Book 21, page J
excepting the following easement which Grantor retains:
Grantor hereby retains a perpetual easement in, upon, over and under said
real property for the purpose of installing, constructing, operating,
patrolling, maintaining, repairing, revising, renewing, removing and
replacing a sewer system, its pipes, lines and other facilities, together
with the right of ingress and egress over said real property adjoining
said easement when necessary to install, construct, operate, patrol,
maintain, repair, revise, renew, remove and replace said sewer, pipes,
lines and other facilities and equipment incident thereto. Said easement
and associated benefits and obligations shall constitute covenants running
with said real estate, and shall be binding upon the said Grantee and be
an obligation thereof of every person or entity how or hereafter having
any fee, lease -hold or other interest in all or any part of said real
estate. Said easement shall bind and inure to the benefit of the
respective succesDULY ENTEREV%�rs and as �Xftgrantor and Grantee.
D
BEVERLY D. CRONE
AUDITOR
ST. JOSEPH CO. INDIANA
Signed and dated on December 20, 89
State of __Indiana., St. Joseph County, ss:
Before , the *,,ugurd, n Notary Publiin and for County
and State, pers...Ity app¢ d:
Joseph E. Kernan, Mayor and
Irene K. Gammon, City Clerk
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aqd acknoiulcdged the execution of the foregoing deed on
2 0 1089
Notary
Public
Si ......
M 'neree& Wibbens
V 10-18-92
iren Tyd ��"i
P-P—d by Jennv Pitts Monier. Assistant City Attorney
page J and re -recorded December 15, 1960 in Plat
Book 21, page J;
for the sum of $1,072.00.
2. Buyer agrees to pay the purchase price and recording fee in
full at the time of closing.
3. Buyer agrees to pay all title and abstract costs involved in
said transaction which it shall desire or request.
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page J and re -recorded December 15, 1960 in Plat
Book 21, page J;
for the sum of $1,072.00.
2. Buyer agrees to Pay the purchase price and recording fee in
full at the time of closing.
3. Buyer agrees to pay all title and abstract costs involved in
said transaction which it shall desire or request.
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M34504
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page J and re -recorded December 15, 1960 in Plat
Book 21, page J;
for the sum of $1,072.00.
2. Buyer agrees to pay the purchase price and recording fee in
full at the time of closing.
3. Buyer agrees to pay all title and abstract costs involved it
said transaction which it shall desire or request.
A '0
PURCHASE AGREEMENT
THIS AGREEMENT, entered into this / . 19 day of
by and between Robert Galloway, 14, r hereinafter referred to as
e Buyer," and the Civil City of South Bend, a municipal
corporation of the State of Indiana, hereinafter referred to as the
11 city. V1
WITNESSETH:
WHEREAS, I.C. 36-1-11 establishes 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 t:
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 property
owned by the City equals or exceeds the established fair market value
of said real property;
3. It is economically unjustifiable to sell said real property
owned by the City in accordance with the procedures set forth in I.0
36-1-11-4.
WHEREAS, the Board has determined that the assessed value of said
real property is less than TWO THOUSAND DOLLARS ($2,000.00); 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 Thousand
Seventy -Two Dollars ($1,072.00), 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:
1. The City agrees to sell and Buyer agrees to buy:
Lot Numbered Forty (40) as shown on the recorded
plat of Jewelwood Addition, located in the
Northeast Quarter (.1) of Section Thirty-five (35),
Township Thirty-seven (37) North, Range Two (2)
East, recorded November 7, 1958 in Plat Book 20
page J and re -recorded December 15, 1960 in Plat
Book 21, page J;
for the sum of $1,072.00.
2. Buyer agrees to pay the purchase price and recording fee in
full at the time of closing.
3. Buyer agrees to pay all title and abstract costs involved in
said transaction which it shall desire or request.
0
4. At the time of closing and after a submission of a receipt
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, which shall then
be recorded with the St. Joseph County Recorder's office.
5. That the City shall reserve a perpetual easement in, upon,
over and under said real property for the purpose of installing,
constructing, operating, patrolling, maintaining, repairing,
revising, renewing, removing and replacing a sewer system, its pipes,
lines and other facilities, together with the right of ingress and
egress over said real property adjoining said easement when necessary
to install, construct, operate, patrol, maintain, repair, revise,
renew, remove and replace said sewer, pipes, lines ancl at_11�=
facilities and equipment incident lthavet-0-
6. That said easement and associated benefits and obligations
shall constitute covenants running with said real estate, and shall
be binding upon the said Buyer and be an obligation thereof of every
person or entity how or hereafter having any fee, lease -hold or other
interest in all or any part of said real estate.
7. That said easement shall bind and inure to the benefit of the
respective successors and assigns of the parties hereto.
BUYER: CITY OF SOUTH BEND
BY ITS BOARD OF PUBLIC WORKS
JCS E. LESZCZYNSU, PRESIDENT
HMPHREYS
PATRICIA E. DECLERCQ
ATTEST:
Sandra M. Parmerlee, Clerk
Board of Public Works
Date: j2- 1�46)
M14
City of -South Rend city, near's office
94its lubruturr 30iturssid4
of - — ----- County, and Stoic at _... ndiana
CONVEY AND WARRANT
TO N]%..X3aT1JA.._a_MAkr_4 q t.Y__
(r5tnsfey -12,13
Taxing 7t
0-1/
riate . ..... ...........
of County, and State of
for and in consideration of XMW
the receipt whereof is hereby acknowledged the following described REAL ESTATE in
in the State of Indiana, to -wit:
Lot Numbered Forty (40) as, shown on the 3r,g'qo;r,,ded P,186t,
ea"s"i
of Jewelwood Addition, located in the '146ith/"y
of Section Thirty-five (35), Township Thirty-seven
37) North, Range Two (2) East, recorded November 7,
1958 in Plat Book 20, page J and re -recorded December 15)
196o in Plat Book 21, page J.
Subject to taxes for the year 1970, payable in 1971 and
all subsequent taxes.
Subject to covenants, restrictions and easements of record.
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IN WITNESS WHEREOF, The said __J._Rector, Hu!b&nd
and teal -A-_ his 27 d ot 19 71
Robert E. R�ec�tl,
_MAL)
__(SEAL) eto
Norma �,Te�6to
j OF 19biXiA,
Brtore rmi.; t6 CN�nd rizn ed, a No so ry Public in and far said County and State, personally appeared the within named
acknowledged she execution of the foregoing Deed to 60 _. IheAr.__ voluntary act and decd,
g7_dy ig. 71
WITNESS, my hand and --..,Seal Ais__4
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wenmission expires May 20 19_2jack(YI.Harris NoUnPublir bou 738 PACE 55u
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ell
AN APPRAISAL OF LAND
KNOWN COMMONLY AS�
Lot 40
Jewel Woods Addi Lion
SUMMARY APPRAISAL
November 13,, 1989
Prepared for Ms. Sandra Parmerlee, Clerk
Board of Public Works
City of South Bend
County -City Building
227 W. Jefferson Boulevard
South Bend, Indiana 46601.
M! Aeffil, FIR IM I MAZI
. . . . . . . . . .
November 1.3, 1989
Ms. Sandra ParmeHee, Cl(fl'k
Board of Public WovkS
City of South Bend
county -city Building
227 VIL Jefferson BouIEv',""d
South Bend, Indiana 466501
R F, Amell(Ifflu'llt tf) dated Septeiiibel, 28, 1989,
ij)t ejtt, Jewel Woods AcIctitiall:
ue;�'Ir Ms. Parlilerlee:
This jrq,tpr i,s �r,krvt to amend the orig'Inal ;,xppraJSz,'l ()f tll(-r subj(.,�ct 1?1°0Pe'PtY
0 occ ipt by this appraiser of Ilcret,ofore
I., - e :�d pjjrsjj�,.I�I)t to the vccc�, ain cojj(,jitj.ojjs iffec.ting the value of
regc, -d. n,, t
the sul,)ject real estate,
svhsemlk',�nt to thilL oripjjj�tj oppraisal thjs appraiser hw,, beell
I W fys arid other stIj')poj.,a'j.jjg ijjro�,,mation
has been provided I documentary dra ill, ject and the
which substantially affects 'che fair ma.i.keL w-clioe of tilers'O
existelle(� of Whicil cause the Utility Of t1le Sul-JeCt to be rendeved
extremely lind Led.
Specifjc,jj1,y, there exists N s«jj)jtary seWOT' eN,-teqdineast awest at a
point at tile nort1jet,,ii 40.15' feet (,A Lhe subject togeV ther with lld vffiat appears
by on sit(_t 1)jsp(actlon i10 be a OrahVPYkc •cs�racua3ri°t:: fcaa 8 public ditch
extencUtIg east. and trre.st rae,r ai ,imd aJows" the south J.jjjr of the subject and
i1jeylsjor, of approximatelY 12 fee't. Additiona,13y, Lhere
bearing a width d -or
exists a 7.5 foot easeivoilL alongr than lot line granted f , the purpose
tile existiT, quent conveyance
of drainage, regar C I to s �)yjy subse
of tile, subject real estate Out of thc', ovinership othef , (,_I.ty of South Bend
lseinerl,t' oven grad ncrosc, -the property extending
T/;Ilj require a 15 foot ivide ez
7, 5 feet oil eitIler. sicj(-ry of the sewet' locatjon
A c c' o r d jrjx,jy, the elitire nor,th 4765 feet of the subject is rendered
I.jjjusabje as a buildillg site leavinigy, after conslderatiort of tbe dr�C'L[IaR,e
lcmg' 'the South line of t1le property, a usable area bcaring-
el�IsQrflent a, of " 56_96 feet 1�)y 1,23.86 feet, RIOI°P: Or less, fot� Rj tot,.Ij of 7,055
dimensions dc"Iltial coils tru i oil plil"Poses
square feet., an jre�j unusable fol' rCRi
-o subd .v,s,on rel", Sjoseph County, Indiana,
pul,suant, L 111' at i 0 11 s 0 rt,
hivestmerit Analysis - rezisibility studies - Markel Malysis - Appraisliq
1520 North main Street - Mishawaka, Indiana 46545 - (219) 255-2130
Ms. Sandt,ci Pa-rmerlee
November 13, 1989
Two
Aceor(,Ungly, and in considerct( ' ion of th-is subsequent i.lyformation �.-jnd the
--Of --W(AY,
effects of 11 1he proPosed oi,� required easoments or rights
JA Js the Opin.ion of this appraJ,,.;er Lhat the fair illar,Ret value of th(,
subject real. est'ate is $,0'7 pet, square foot or $1,072.
This Value is given subject to Lhe AssuliqAkms and LimiLing Conditions
attached hereto and subject to the anticipated requirement of as 15 foot
wide easement ex-,eudiiig east: and tvesi across the north 47.05 fe�(A of .he
S ub j e 0 t .
Should You'have. ziny questions regmrding amendment (-)I- s"hould You hav(-'�
any futthei, i: fovmatiou vvhI('.,,h may r-.,ffect the value of the subject please do
nOL hc',itclte to COntAC't 1110 diTTCt1Y-
Sincerely,
B, DAVID HUNTINGTON & ASSOCIATES, TNC
Brno-,:e D. ffLIJ'ItiD9tWI PrpsideWL
BDR: ked
n
ASSUMPTIONS AND LIMIIING CONDITIONS
No responsibility is assumed for matters which are legal in nature, nor is
any opinion on the quality of title rendered. The title is assumed to be
marketable in the fee simple. Other than stated, the value estimate is
given without regard to any questions of boundaries, title, encumbrances,
easements, encroachments or other matters affecting title and the appraiser
assumes no liability thereFore.
All information, comments and opinions rendered by the appraiser herein
regarding location, neighborhood trends, construction quality, costs, obso--
lescence, condition, rents or any other data regarding the property
appraised represent the view of the appraiser, formed after an examination
of the property. Possession of this document or any copy thereof, does not
carry with it the right of publication, nor may the same be used for any
purpose whatsoever by anyone other than the addressee without the express
written consent of the appraiser and the addressee first in hand obtained.
I believe to be reliable the information which was furnished to me by
others, but I will assume no liability therefore and do not in any way,
expressly or implicitly, warrant its accuracy. While it is believed the
information, estimates and analysis rendered, and the opinions and
conclusions drawn therefrom are correct and accurate, no warranty is given
and the appraiser assumes no liabilitrs or o
y for erromissis onof fact,
analysis or judgment.
The drawings included in the report are iml necessarily drawn to scale
and are included only to assist the reader in visualizing the property,
I have made no survey of the property and assume no responsibility in
connection with such matters. No engineering study was undertaken in
the course of this appraisal. Any legal description furnished to me is
assumed to be correct.
Unless specifically stated herein, this appraisal is made without regard to
the possible presence of toxic waste hazards which may exist either above,
below, within or upon the subject real estate, nor does the value derived
herein give consideration to the possible presence of groundwater
contamination or radon gas and the hazards associated therewith, Unless
specifically stated herein, this appraisal is made without regard to the
possible existence of asbestos fiber or other hazardous building materials
and the appraiser assumes no liability for the presence thereof nor of any
effects, actions or costs arising therefrom. Subsurficial sail conditions
existing as as result of burying whole materials which have not been
disclosed to the appraiser and which are not readily visible through
inspection are not considered herein and the appraiser disclaims any
liability for those conditions.
This appraisal was prepared in reliance upon the assertions of others as to
intended improvements and relies upon the completion of the proposed
structure in general conformity with any architectural or engineering plans
AIand specifications which may have been prepared for the subject and which
may have been incorporated as an integral part hereof by citation elsewhere
herein. Material deviation from these plans and specifications, either
authorized or unauthorized, may materially affect the value of the
completed structure as determined herein,
I�,r��,,reby
ceify tthl,e no interest in the subject properthlY nor is any c0ntemPlated, urul that
Contingent upon the value derived in this ao the fee Paid me was in no way
intimidated, Or in any other fashion motl,,t nor was I coerced,
for the subject, d to derive a sPecific value
APPRATSER:
B. DAVID HUNTINGTON & ASSOCIATES, INC,
BUWAng
ruCe . 11 Dtort' Date