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HomeMy WebLinkAbout#578- Deed; quitclaim - part of lots 12 and 13 in berts subdivision of bank out lot 73 in the state banks first add to the city of south bendC City of South Bend Joseph E, Kcman, Mayor Richard A. Nussbaum, H, City Attorney June 26, 1989 Ms. Beverly Crone St. Joseph County Auditor County -City Building - 2nd Floor South Bend, IN 46601 Re: 208 Chapin Street Dear Ms. Crone: On August 14, 1981, the City of South Bend executed a Quit Claim Deed in favor of Michael A. Jurek and Marsha K. Jurek for the above -referenced real property. A copy of that Quit Claim Deed is enclosed herein. On September 22, 1981, Michael A. Jurek and Marsha K. Jurek tendered to the City of South Bend the $1,661.00 purchase price, thereby effectuating the sale of the above -referenced real property. Again, for your convenience, a copy of the receipt and quietus are enclosed herein. It has just come to the attention of the City of South Bend, however, that Mr. and Mrs. Jurek failed to record the Quit Claim Deed in question. Consequently, as you can see from the real property tax history display enclosed herewith, the Civil City of South Bend continues to remain listed as the record owner of this property. I have forwarded a copy of the Deed to the St. Joseph county Recorder's Office for recording. As the effect of the Jureks' failure to record the Quit Claim Deed is to have continued in effect, improperly, the tax-exempt status of the property, you may want to take steps to recover tax monies owed you by Mr. and Mrs. Jurek. Please feel free to contact me if you have any questions. Sincerely, X�Jenny t ,�/Ass,s, tts Manier 7 ant Enclosure ant City Attorney C:LETTERS 1400 County -City Building 0 South Bend, Indiana 46601 * 219/284-924t Thornas L. Bodnar Sandra A. Boyd David C, Chapleau Marva, Jenny Pills Manier Carolyn V. Pfotenhauer Ro!- - j - , ____ .�' e ' rk . ..... Attestor map AUDITOR'S RECORr, Tronsfe, No. Taxirg Unit Dnec CITY OF SOUT11 BENDI', municipal corporation, the (7runror Release and Quit -Claim to MICHAEL A. JUREK tNID k1ARCIA K. JUREK the Grantee for and inconsideration of Ten Dollars ($10.00) and other good and valuable consideration the mx" of which is hereby acknowledged, Real Estate in St. Joseph in the State of Indiana , described as follows: County, A tract of land beginning 44 feet North of the Southwest corner of Lot Numbered Thirteen (13) in Ursti Sub -division of Bank Out Lot Seventy-three (73) in the State Bank's First Addition to South Bend, from thence running East to a point 108 feet West of the East line of Lot Fourteen (14) in said Sub -division; thence North to a point 71 feet South of the North line of Lot Eleven (11) in said Sub- division; thence West to Chapin Street; thence South to the place of beginning, being part of Lots Numbered Twelve (12) and Thirteen (13) in said Sub -division, excepting therefrom, the West twelve (12) feet reserved for future :t;h:-of-w,y. Subject to all taxes, easements, and conditions that are found of record. Signed and dated on August 14 Stote of Indiana St. Jose_2h — County, ss: Brfore me, the undersigiu�d, a Notary Publiv in and for snid Couray and S.'au-, per.wnaI13 appcc,-ed: Roger 0. Parent and Irene K. Gammon, known to me to be the Mayor and City Clerk of the Civil City of South Bend, a municipal corporation of the State of Indiana. and acknouWgrd the rre_-ution of the foregoing deed on August Notary Public Rnv 1918i R. 0 RageTr' Irene_K. Gammon City Clerk Attestor IN Deputy fir.. CITY OF SOUTH BEND,, 'a municipal corporation, the (7rar— Or Release and Quit -Claim to 1'rorster No. Taxirg Unit Date MICHAEL A. JUREK MITI) ?LMICIA K. JUREK the Grantee for and in consideration of Ten Dollars ($10-00) and other good and valuable consideration the receipt of which is hereby acknowledged, Real Estate in St. Joseph in the State of Indiana , described as follow County, A tract of land beginning 44 feet North of tha Southwest corner cf lot Numbered Thirteen (0) in Berets Sub -division of Bank Out Lot Seventy-tiii:ee (73) in the State Bank's First Addition to South Bends from thence runiiiig Last to a point 108 feet West of the East line of Tot Fourteen (14) in said Sub -division; thence: North to a point 71 feet South of the North line of Lot Elevun (11) in said Sub- division; thence West to Chapin Street; thence South to the place of eginning, being part of Lots Numbered Twelve (12) and Thirteen (13) in Said Su�)'-'div',,ion, excepting therefrom, the West twelve (12) feet resei-ved for future :t:;ht-of-w-Y. Subject to all taxes, easecaents, and conditiuns that are found of record. Signed and dated on --- August 14 State of � St' Josfl)h__ County, ss: Before me, the undersigtwd, a Notary Publiv in mid for said Caw: y and personalij uppvc,-ed: Roger 0. Parent and Irene K. Gammon, known to me to be the Mayor and City Clerk of the Civil City of South Bend, a municipal corporation of the State of Indiana. and ack;zou,1edSfd th,, cc,,t.,tiaa Of the loregoing deed on August Notary Public ga—Zit-url Bar art AB�Yers_ A I _. - Febru.qry in 1oQA Rogertr Parent J_Mj or YY "�7 Irene Kt -_ Gammon,_ City Clerk 7)ped or P,inlcd �o­ Attestor Tyi-,jd or jii mrvit name Am Ity Attoraey. __Sq�4t�,LBan i PURCHASE AGREEMENT entered into this � 4 day of Michael A. Jurek as Buyer, and the Civil City of South Bend, a f the State of Indiana, hereinafter referred to WITN- ESSETH: cedures fWHEREAS, Ordinance Nos. 5387-72 and 6137-77 establish pro - the disposition and rental of real property owned by the City of South Bend; and WHEREAS, the Board of Public Works is empowered to carry out the provisions of said ordinance; and WHEREAS, the Board has determined that certain real property owned by the City of South Bend is no longer necessary for the public use; and WHEREAS, the Board has adopted by Resolution declaring par- ticular parcels of real property as excess and available for dispo- sition, the same have been submitted to the Common Council for its consideration and have been deemed conclusive; and who a WHEREAS, the Board appointed a licensed independent appraiser Fpraised the particular real property; and tablishedWHERREAS,based upon the appraisal submitted, the Board es - valuation property; and WHEREAS, said property valued by the Board is less than One Thousand ($1,000.00) Dollars; and WHEREAS, pursuant to Ordinance No. 5387-72, Section 14.5-2(d) the Board is empowered to sell at private sale, without notice, such Property at least at the sum of the evaluation; and WHEREAS, the offer of the Buyer in Six Hundred Sixty-one d$1 the amount of One Thousand the best offer for sai,661.00) Dollars was offered a- cepnd acted as property. W and for and inHcons©derationsofgthedpremisesareey andbandetheetwentmutualtcovenantso herein contained, as follows: 1. City agrees to sell and Buyer agrees to buy: A tract of land beginning 44 feet North of the Southwest corner of Lot Numbered Thirteen (13) in Bersts Sub -division of Bank Out Lot Seventy-three (73) in the State Bank-s First Addition to South Bend, from thence running East to a point 108 feet West of the East line of Lot Fourteen (14) in said Sub -division; thence North to a point 71 feet South of the North line of Lot Eleven (11) in said Sub -division; thence West to Chapin Street; thence South to the place of beginning, being part of Lots Numbered Twelve (12) and Thirteen (13) Sub -division, excepting therefrom, in said West twelve (12) feet reserved for future right-of-way, the for the sum of One Thousand Six Hundred Sixt Y-one ($1 661.40) Dollars and aclnuraled fad the are-ution of Me loregodng deed on Sir,Aiu e August /.�} 9 , 19 81.._.._.7'yF•aJarPr,n:rdnarne_.�._____..____._...._. f , Notary Public suQnrtara Barbara J.-�Byers. A:resident of St. Joseph County, IN -- - - Tjp.•d or prvnter! norrt� ,i2y cp1RAXtRsioa expires _ February 10, 1984 — � .,•!„a nr i„u�k .�,�-,E 2 time of cloSByer agrees to Ply the Purchase price in full *ing,u at the 3. Buyer agrees to Pay all title and abstract costs in - said in said transaction which he shall desire or request. 4, At the time Of closing and after a submission Of a re- ceipt for the total Purchase Price has been submitted by the Con- troller to the Board of Public Works, the Board Claim t Deed to be prepared City deed shall shall cause a Quit Y t e be signed by the Mayor and attested to b h Cj� Clerk with the seal of the City affixed. 5* It is expressl agreed that all terms and conditions e bin Of this contract are . y any kind shall b included herein, and no verbal agreements of be b ding upon the parties, and this contract shall iodin 9 upon all parties hereto, their heirs, administrators, executors, successors, and assigns. ATTEST: CITY OF SOUTH BEND BY ITS BOARD OF PUBLIC WORKS tion E. �!szyn 0 J Ph E. Kernan �R hard L. Hxll - 2 - /4"0 Ilk" I and acknowledgiq the r.ri—zaion o/ the joregoing deed on Sirule August ly 191 81 -o-r'-p'-? i n: v d n 4 m e a -, /11 1 IT__ t", Notary Public SW=nu— Barbara J.-"Byers 1984 Deputy Cltv Attorney South Bend. IN rtl v :0 oc a :3 a0 M F N) I m :0 C) co 18 0 I ID cn C) C-D CA C- rD X, (A O r �1 Jenny Pitts Mamer Carolyn v. rrumma.- r1ed;cd the execution of Me foregoing deed on s rn rare �+ � r ,�9 :S I 7 yf rW qr prinird nomt _r Notary Public larbara,Byers !silent of St. JosephCounty, IN sirnocu. r pr"nu l naru February TI3i'LAy .. ��... ..- _ AY UNI^ I6 i^.`! �54 0, :.. 9Y2?...5/1=/�s9 DA ALINK PTAp545 I t CI"-Y U'F SOJI'4 r" VD 1 'C ' AYABr F Y`A't -- pay- TYPL CD 1T r coo i ICC.I' TRAiJS.-:,'H %ATE 6^jC'I .a 12/22/71 r;T1 - - L .J n. 43I �TION, - - - U lat,.� - - L ::C� C ..SS Z DITC4 L� Cr 7py plc :.2•? vti> ..7_ _-11C 3TA:?T — ?AYi J rc o ��- _ ,nssr. rLi: ?OU? 3 PA5; LA, c.J RV . ......o.o.w r.. a•lr�r. r+...i�ray„ua��w<.�vy.:o,n�y„r„,,,..,, r.... ..>..w ., {.i.n..... .� Thomas L. Bodnar Sandra A. Boyd David C. Chapleau Marva Leon, rd-Dent Jenny Pitts Manier Carolyn V. Pfoienhauer Robert C. Rosenfeld and acknowledgivi the ert-ution of the foregoing deed on-- August- -7'yp S�ncrwasR' / } Notary Public Barbara J B rs j A resident of St. Joseph County, IN ' 1 11y rommiasion expires .February 're/�aredby Terr�A, Crone De ut C,1C Atrgr.nc , --___- _ _ __,P_ _Y Y _ Y South' 84nd IN ;,�„'r ' Attorm; at. Gow ....._�,,..,,......_..._ ^_s.......__,.._.....— Marc A. 0rammer 1346 East 8Jtgeld South Bend, Imdiano Mrs. Barbara J. Byers Clerk � Board of Public Works � South Bend, Indiana 4660I Dear Mrs. Byers : At your request, I have completed an appraisal Of 6 vacant lot located at 208 Chapin Street, South Band, St. Joseph County, Indiana. The property is currently owned by the City of South Bend and the property rights appraised are all those accruing to the fee Simple ownership. The purpose of the appraisal was to estimate the market value as of the appraisal date. Subject to the Assumptions and Limiting Conditions contained within this report, it is my opinion that the estimated market value for the subject property as of the appraisal date is : I hereby certify that I have made a personal inspection of the property, and that the value estimate applies to March 3, 1981. The value reported is based On economic conditions as of that date. The value will change in relation to the severity of changing economic conditions and the passing of time. espectfully " (� X: Wx, Marc A. Bnammer Real Estate Appraiser PURPOSE OF THE APPRAISAL The purpose of the appraisal was to estimate the market value of the subject property. The fair market value is defined as being the "highest price estimated in terms of money which a property will bring if exposed for sale on the open market, allowing a reasonable time to find a purchaser who buys with knowledge of all uses to which it is adapted and for which it is capable of being used." PROPERTY RIGHTS APPRAISED The property rights appraised are all those rights accruing to the fee simple ownership. NWITIVINNIVITIMAKINSIPIWE Market value assumes competitive market conditions. There must be several informed buyers and sellers competing with one another to provide alternatives to other market participants. These buyers and sellers are further presumed to act "rationally" on the basis of the information they possess. Market value is necessarily estimated in terms of highest and best use. A reasonable turnover or marketing period must be allowed for the transaction to take place. There must be no undue time pressure on either buyer or seller. In brief, market value can be regarded as 'the price that a willing buyer would pay, and a willing seller would accept, with each acting rationally on the basis of available market information, under no undue pressure or constraint with no fraud or collusion present. It represents value in exchange 'for interest in real estate. ESS L DESCRIPTION ZONING SIZE OF LOT ASSESSED VALUATION 208 Chapin Street, South Bend, Indiana Lots 12-13 Bersts Subdivision of Bank Out Lot 73 in the States Bank's First Addition Commercial 35.75 (commercial frontage) X 130.6 (depth) $ 1,590.00 INDICATED PRICE ........... $ 30.00 per f ront foot (commercial) COMPUTATION $ 30.00 X 35.75 = $ 1,072 ESTIMATED VALUE OF VACANT LOT.......... $ 1,000.00 NOTE: City will need 12 feet off Chapin Street for future right-of-way; therefore, size of lot will be 37.75 x 118.60. No change in value of lot since commercial frontage of 37.75 remains the same. BOARD OF TO: BOARDS OF PUBLIC WORKS PUBLIC WORKS DATE April_._13, W• s The city -owned lot at 208 Chapin Street has been cleared for sale, appraised and an offering price established. The Municipal Code requires that any property offered for sale for more than $1,000.00 be legally advertised and the sale awarded to the highest bid received equal to the offering price. The offering price established is $1,160.00. It is requested that the 'Board authorize advertising for bids for the sale of the property commonly known as 2.08 Chapin Street. • APPROVED BOARD DF PUBLIC WORKS "AR- - 13 1981. Lcipal Code of the City of South Bend; and the Board of Public Works has reviewed said inventor prODerty and it now finds that certain iof the parcels :ate now owned by the city are not necessary to the pu are not set aside by state or city laws for public , pursuant to Chapter 1.4.5 of the Municipal Code of t South Bend; and said parcels of real estate i'>ursuant to Chapter 14.5 of the Municipal Code of the City of South Bend. ' NOI,% THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: 1. That the parcels of real estate ov.nied by the city contained in the followin,-, list are not necessary to the public use and are not seL aside by state or city law for public purposes: Street Address Deed No. 1118 McCartney 1219 1034 Cedar 1.262 513 Walnut 863 208 Chapin 578 and 579 405 Last Calvert 1251 2. That this Resolution shall ii-mediately, upon its adoption, be submitted to the Common Council Of the City of South Bend, pursuant to Chapter 14.5 of the Municipal Code Of the City of South Bend. Adopted this pith day of February, 1981, ATTEST: Bar 'ar—a —T —Ty—e—t—s BOARD OF PUBLIC WORKS E.'t6s cz s c C bs ep i L. PURCHASE AGREEMENJ' THIS AGREEMENT, entered into this day of IQ,_ by and between Michael A. Jurek -tea- referred to as Buyer, and the Civil City of South Bend, a l corporation of the State of Indiana, hereinafter referred -to as City. WITNESSETH: WHEREAS, Ordinance Nos. 5387-72 and 6137-77 establish pro- cedures for the disposition and rental of real property owned by the City of South Bend; and WHEREAS, the Board of Public Works is empowered to carry out the provisions of said ordinance; and WHEREAS, the Board has determined that certain real property owned by the City of South Bend is no longer necessary for the public use; and WHEREAS, the Board has adopted by Resolution declaring par- ticular parcels of real property as excess and available for dispo- sition, the same have been submitted 'to the Common Council for its consideration and have been deemed conclusive; and WHEREAS, the Board appointed a licensed independent appraiser who appraised the particular real property; and WHEREAS, based upon the appraisal submitted, the Board es- tablished a valuation for the property; and WHEREAS, said property valued by the Board is less than One Thousand ($1,000.00) Dollars; and WHEREAS, pursuant to Ordinance No. 5387-72, Section 14.5-2(d) the Board is empowered to sell at private sale, without notice, such property at least at the sum of the evaluation; and WHEREAS, the offer of the Buyer in the amount of One Thousand Six Hundred Sixty-one ($1,661.00) Dollars 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. City agrees to sell and Buyer agrees to buy: A tract of land beginning 44 feet North of the Southwest, corner of Lot Numbered Thirteen (13) in Bersts Sub -division of Bank Out Lot Seventy-three (73) in the State'Bank's First Addition to South Bend, from thence running East to a point 108 feet West of the East line of Lot Fourteen (14) in said Sub -division; thence North to a point 71 feet South of the North line of Lot Eleven (11) in said Sub -division; thence West to Chapin Street; thence South to the place of beginning, being part of Lots Numbered Twelve (12) and Thirteen (13) in said Sub -division, excepting therefrom, the West 'twelve (12) feet reserved for future right-of-way. for the sum of One Thousand Six Hundred Sixty-one ($1,661.00) Dollars 0, 2. Buyer ae gres to Pay the Purchase price in full at the time of closing, 3. Buyer agrees to pay all. title and abstract costs in- volved in said transaction which he shall. desire or request. 4. At the time of closing and after a submission of a re- ceipt for the total purchase price has been submitted by the Con- troller '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. 5. It is expressly agreed that all terms and conditions of this contract are included herein, and no verbal agreements of any kind shall be binding upon the parties, and this contr.-act shall be binding upon all parties hereto, the-tr heirs, administrators, executors, successors, and assigns. y e, r Av (twog, 5- " ­C�5- fit, , I ? / �,, r-, (Address) CITY OF SOUTH BEND BY ITS BOARD OF PUBLIC WORKS chard 9 2 - AUY')1T'0R'S REC090 7'raiwler AV ifgr 1& 1 A I Vale C11Y OF SOUTH BEND, to munici,pal corporation, MeGmnwr Relewse and Quit-CIZAffirs to MICHAEL A. JUREK AID MARCIA K. JUREK "11c, (3 rc:',zee for and in con,,dderation, of Ten Dollars ($10.00) and other good and valuable consideration the rrecipt of which ia' hen ay RcaC fi,staee in st. Joseph in Me Boo of Indiana dcxh6od riff oaoa: A tract of lind beginning 44 feet North of the Southwest corner of Lot Numbered Thirteen (13) in Dorm Sob-divi5ion of Bank Out Lot Seventy-three (73) in the State Bant's First Addition to South Bend, from thence running Taut to a point 108 feet Went of the East Jine of Lot Fourteen (16) in said Sub-divi8lon; thenc(-,! North to a prim t V feec South of the North line of Lot ELevon (11) in said Sub- division; thwice West to Chapin Street; thence South to the place of be inning, being part of Lots Numbered Twelve (12) and Thirteen (13) in said Sub -division, excepting therefrom, the West twelva (12) feet rcservod for Future right-of-way. Subject to all taxes, easemenw, and covditions that are found of rucor& Signed anduf"so' on, _.. Auguly,Q4 Sam of JAPPISc Joseph, Refore me, the a Holor'y in and and State' pera"07Z(114 appcored: Roger 0, Parent and Irene K. Gammon, known to me to be the Mayor and City Clerk of the Civil City of South Bond, n municipa], corporation of the State of Indiana. umd aeknowkd�qcd the ex4vu:ion of the Jbiviloing de(,d on L'Fus t r A resident 1934 artnt, Mayor Irene K. (nmzon, YGAVIVAK&A-Atte'tor Typed City Attornqy_ A A 1,L TO: S. J. Crumpacker, City Attorney, MAY County -city 19$3, J6$-H COUNTY 1.01-A A. A-1-10N Complex, South Bend, Indiana AUDITOR'S/`RECORD Transfer No._Z3 eejai MORI Taxing indenture witnesseth that Virginia Bailey, an adult Of Lenawee Release and Quit -Claim to County in the State of Michigan Civil City of South Bend, a municipal corporation of St. Joseph County in the State of Indiana for and in consideration of One Dollar and other good and valuable consideration the receipt whereof is hereby acknowledged, the following Real Estate in St. Joseph County in the State of Indiana, to wit: A tract of land beginning 44 feet North of the Southwest corner of Lot Numbered Thirteen (13) in Bersts Sub -division of Bank Out Lot Seventy-three (73) in the State Bank's First Addition to South Bend, from thence running East to a point 108 feet West of the East line of Lot Fourteen (14) in said Sub -Division; thence North to a point 71 feet South of the North line of Lot Eleven (11) in said Sub -division; thence West to Chapin Street; thence South to the place of beginning, being part of Lots Numbered Twelve (12) and Thirteen (13) in said Sub - ,division. Signed and dated this— 9th —day of State of Indiana, St. Joseph County, ss: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared: VIRGINIA BAILEY, an adult and acknowledged the execution of the foregoing deed. In witness whereof, I have hereunto subscribed my name and affixed October my official setill this 9 t h :_1 197--_ 14,1 Notary Public y -7 M 97ar 1114 Cot(,, oAwo-preparedb.1, Robert M. Parker, 19-7-1---. X Seal VIRGINIA BAILEY V cz, C-> 3 Seal t. City Atty., County -City