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Home My WebLink About#573- Deed; dedication - public alley south of bullato dd DEED OF DEDICATION .KNOW ALL MEN BY THESE PRESENTS that we, Anna M. Borden, James C. Borden, and Joan C.. west, as owners, and Morris Polis, and Benjamin Polis, being the sole devisees of a former owner of separate parcels of land lying south of and adjacent to a public street now known as Bulla Street in the city of South Bend, Indiana, for and in consideration of the sum of One Dollar ('$l.OQ) and other good and valuable considerations, the receipt of which is hereby acknowledged, do hereby give, grant, and quit -claim unto the City of South Bend, State of Indiana, for the use and benefit of the public an easement for right of way for the construction, improvement, operation and maintenance of a public alley, upon and across the following land, lying and being situate in St. Joseph County, State of Indiana, to -wit: Beginning at a point on the north line of an east - west alley situated between KingStreet and Bulla Street in the city of South Bend, which point is 192 feet north, and 293.85 feet east of the north west corner of Lot 19 as shown in Victory Addition; thence north on a line parallel to the east line of Anderson Avenue in the City of South Bend a distance of 256.56 feet to the south line of Bulla Street; thence East a distance of 14 feet; thence south on a line parallel with the eastern line of Anderson Avenue a distance of 256.56 feet; thence west a distance of 14 feet to the place of beginning. To have and to hold the said easement and right of way unto the said City of south Bend, State of Indiana,, for public alley purposes so long as the same shall be used, operated and maintained as a. public alleys and the granters hereby dedicate for such purpose. Estelle Polis, wife of Morris Polis, and Gussie Polis, wife of Benjamin Polis, do hereby join in the grant of this east- ment and right of way, and in this dedication to public use, for the purpose of relinquishing any right or possibility of dower, k UD1T()R r. c z Co., aa� V 10,7464 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that we, Anna M. Borden, James C. Borden, and Joan C. West, as owners, and Morris Polis, and Benjamin Polis, being the sole devisees of a former owner of separate parcels of land lying south of and adjacent to a public street now known as Bulla Street in the City of South Bend, Indiana, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, do hereby give, grant, and quit -claim unto the City of South Bend, State of Indiana, for the use and benefit of the public an easement for right of way for the construction, improvement, operation and maintenance of a public alley, upon and across the following land, lying and being situate in St. Joseph County, State of Indiana, to -wit: Beginning at a point on the north line of an east - west alley situated between King Street and Bulla Street in the City of South Bend, which point is 192 feet north, and 293.85 feet east of the north- west corner of Lot 19 as shown in Victory Addition; thence north on a line parallel to the east line of Anderson Avenue in the City of South Bend a distance of 256.56 feet to the south line of Bulla Street; thence East a distance of 14 feet; thence south on a line parallel with the eastern line of Anderson Avenue a distance of 256.56 feet; thence west a distance of 14 feet to the place of beginning. To have and to hold the said easement and right of way unto the said City of South Bend, State of Indiana, for public alley purposes so long as the same shall be used, operated and maintained as a public alley; and the grantors hereby dedicate for such purpose. 1—A ublic use Estelle Polis, wife of Morris Polis, and Gussie Polis, wife of Benjamin Polis, do hereby join in the grant of this east- meet and right of way, and in this dedication to public use, for the purpose of relinquishing any right or possibility of dower, AUJX'r0R ST" JOCOLpf-I CO3 homestead or other incohate interest which we may or might have. IN WITNESS WHEREOF, the grantors have set their hands, and the corporate seal on this J day of I-ew-&-l9 7 1. Anna M. Borden /4�amam ?esC. Borden F" Jc"an C. West orris Pol—ls-- Estelle "Y01iS-- Benjamf' a Polls C1 G-uYiie Po -Lis STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) Personally appeared before me, Anna M. Borden, James C. Borden, Joan C. West, and Morris Polis and Estelle Po,lis, —4:- --A the execution of the above and foregoing deed as their free act and deed on this day of 17Z'11111e'-`Uel 1971. IN WITNESS WHEREOF, I have affixed my name and 7-, 21 Y N'6ta I ry myr, i sion Expires: BOW Pfom'10 -2- STATE OF SOUTH CAROLINA CHARLESTON COUNTY Personally appeared before me, Benjamin polis, and his wife, Gussie POlis, who acknowledged the execution of the above: and foregoing instrument as their free act and deed. IN WITNESS WHEREOF, I have hereunto subscribed my hand and affixed my official seal on this day of 1971. n Z & ubFT�7 V My commission Expires: ACCEPTANCE The Board of Public Works and Safety Of the Municipal city of South Bend, state of Indiana,.does hereby, for and on behalf of such city and the public, accept the dedication of the above described real estate for use as a public alley. joy, S°. Tayi, ngineer C' grumpac er, C ty Attorney A ICt es Bicke City C troller A TTEST,;� Boris A�11,,, �r-lev �,T the This instrument was prepared by: Joseph T. Helling Suite 600, Whitcomb & Keller Bldg. South Bend, Indiana 46601 cm M LAW OFFICES Ts & ARTHUR L. MAY IXTH FLOOR NATHAN LEVY WHITCOMB 6KILLER BUILDING R. FLOYD BEARER S.J.CRUMPACKCR V,.,E, rCASON BOULEVARD ARTHUR A. MAY NMXA 9OUTME BJ�N:E), I WA 46601 JAMES W. OBrRFELL NOV 1971 JOSEPH T. MELLING TELEPHONE a32-2031 GEORGE N. SEAMER, JR. AREA CODE 219 JOHN J. LORBER Public Works & SafetY VINCENT P. CAMPITI Board of Blerk ROERT J. KONOPA DORIS ALLEN, C BRUCE J. SON DURANT EXPLANATION FOR DEED OF DEDICATION To Whom It May Concern: A Deed of Dedication regarding a public alley. running North and South between Anderson Avenue and Portage Avenue on the East-West, and between Bulla Street on the North, and another public alley on the South, is the subject of this memorandum, to explain it. In 1922, a Harry Polis acquired all of the land lying between Portage and Anderson Avenue on the East-West and Bulla and King Street North and South. Polis platted part of the land and had the plat recorded. He sold off the land lying between Bulla on the North and an East-West alley that was on the South without plats. This land was sold by meets and bounds descriptions. In each of his con- veyances, Polis reserved out a strip of land about 14 feet wide running North and South. In some of the deeds, this strip of land which Polis never conveyed was referred to as "'a proposed alley 14 feet wide." There is no record that Polis ever deeded the strip to the city. There is no record that he ever conveyed the strip to anyone. Polis died in 1968 leaving a Will which was probated, His residuary estate was willed to his sons, Morris Polis and Ben- jamin Polis. The estate has been closed, after all of the debts and taxes were paid. This strip of land probably was not used for alley pur- poses to any extent until about 1957, when the owner on the West established a parking lot. It is apparent that Polis thought he had accomplished the establishment of the public alley. In fact, the Sanborn Map Company, from its review of his deeds, shows the existence of this alley on their map of the City of South Bend. The alley does not show up on the official street map of the city, however, because it was never platted, nor deeded, and it has not been in open And notorious use long enough. The simplest and most direct way to establish this public alley as a matter of record is a Deed of Dedication, with the acceptance by the Board of Public Works and Safety. James and Anna Borden are grantors in this Deed of Dedication because of a small discrepancy between the North measurement and the South measurement of their lot which lies to the West. The North boundary was given as 295.12 which is 1.27 foot encroachment into the pro- posed alley as Polis had layed it out. Sincerely Jose P JTH/af a yours 11