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HomeMy WebLinkAbout#695d- Deed; Warranty Deed - From Andrews to City of South Bend-Ironwood & Inwood Rd..:v I ::I I L_ L. i 1 14 1.� +u IN rA 1 14 c..;:.:t. N_ IV 11" . -/A I N N a corporation of Missouri, herein called the Company for a'valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the (and described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. F_ __1 6567 City of South Bend, Indiana 1300 County -City Building, South Bend, Indiana COMMITMENT No. 24100 Proposed Insured — LOAN: Proposed Insured —OWNERS: SCHEDULE A EFFECTIVE DATE: March 25, 1974 at eight o'clock A.M. City of South Bend, Indiana FORM B-1970 1970_ (Amended 10-17-70) (Amended 10-17-70) $5,000.00 r The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple and title thereto is at the effective date hereof vested in: Walter J. Andrews and Carol J. Andrews, husband and wife, The landreferredto in this Commitment is described as follows: situate in 5t.', joaeepYl Gott Va y e„ „%fj in the State of Indiana: A tract of land in the Southeast Quarter of Section Nineteen (19), Township Thirty-seven (37) North, Range Three (3) East described as beginning at the Southeast corner of the said Southeast Quarter of Section Nineteen (19); running thence North along the East line of said Section Nineteen (19) a distance of 171.6 feet; thence West along a line parallel to the South line of Section Nineteen (1.9) a distance of 140 feet; thence in a Southwesterly direction in a straight line a distance of 167 feet, more or less, to a point 20 feet North of and`210 feet. West of the Southeast corner of said Section Nineteen (19); thence: due South a distance of 20 feet to the South line of Section 19; thence East along the South line of Section Nineteen (19) a distance of 210 feet to the point of beginning. Subject to legal highways. ry 9OBK S FORM NO, 2288 AMERICAN LAND TITLE ASSOCIATION COMMITMENT St, Joseph County Township or Corporation _ Duplicate No. (Col. D, Form 74T) - SCH E DU L E B BooK 284 mu" ri e R, No.. 24�100_ Jule B of the policy or policies to be issued will contain exceptions to the following matter's unless th are disposed of to the satisfaction of the Company; A. Instruments necessary to create the estate or interest to be insured must be properly executed, de. livered and duly filed for record. B. Payment of the full consideration to, or for the account of, the grantors or mortgagors should be made. C. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable should be made. D. Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commit- ment. E. Any Owner's Policy issued pursuant hereto will contain under Schedule B the General Exceptions set forth below. Any Loan Policy will contain under Schedule B General Exceptions 1, 2 and 3 unless a satisfactory survey is furnished; General Exception 4 will appear unless satisfactory evidence is furnished that improvements and/or repairs or alterations thereto are completed; that contractor, 48 e General Exceptions: 1. Rights or Claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by low and not shown by the public records. 5. Taxes or special assessments which are not shown as existing liens by the public records. F. Special Exceptions: 1. Taxes for the year 1972 due in 1973 in the amount of $246.54 are paid. Key No. 03-01-17/018-0429. Land Val. $1090.00; Imp. Val. $2770.00; Exem. $1000.00; Net Value $2860.00. Taxes for the year 1973 due in May and November, 1974. Taxes for the year 1974 due in May and November, 1975. 2. Rights of the owners of tracts Numbered 3, 4, 5, 6, 7, 8, 9 and 10 in the Denslow family partition, the decree and map Of Which partition was entered October 9. 1878 in Civil Order Book 19, pages 57 to 61 inclusive (being the owners of the lands lying West and South of the captioned premises) to the use of the South 16 feet of the captioned premises for a private cartway. 3. Easement from Harley 0. Andrews and Myrtle Andrews, his wife, to Indiana & Michigan Electric Company, dated August 2. 1950 and re— corded August 30, 1950, in Deed Record 473 page 400, for a single rural distribution line, including poles, wires and appurtenances across the land of grantors. (Said easement is not definitely located) 4. Mortgage dated July 27, 1968, executed by Walter J. Andrews and Carol J. Andrews, husband and wife, to Valley Bank and Trust Company, to secure $6,000.00, recorded July 29, 1968, in Mortgage Record 956, pages 476-477. (Covers said premises and other land) 5. Personal property tax judgment against Karpet Kraft and Walter Andrews, filed October 18, 1971, in the amount of $55.94, and being No. 231469. J Form PrescribJdlyp­� 4/_ State Board of Accounts County Form No, IIITI-1969 FORM NO, COUNTY TREASURERS RECEI FOR PERSONAL PROPERTY TAX JUDGMENT My C-(.i Name and Address of St. Joseph County Judgment Debtor: tion PrepAl /Town�shipor Cc�rpora Judgment Rec.r?—No------- Page Duplicate No. (Col. D, Form 74T) Amount of Taxes, Penalties and Costs (Col. F, Form 74T) $ interest at 6% per annurn from It-- _7 at date (Date certified to Clork of Circuit Court) TOTAL THIS IS A VALID RECEIPT WHEN STAMPED PAID OR Recharged to Current Tax RF('P1PTFn RtV TL49: nnif .,­ A-4. s 'A, I SCHEDULE B No. 24100 BarK 284 48 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the some are disposed of to the satisfaction of the Company: A. Instruments necessary to create the estate or interest to be insured must be properly executed, de- livered and duly filed for record. B. Payment of the full consideration to, or for the account of, the grantors or mortgagors should be made. C. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable should be made. D. Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commit- ment. E. Any Owner's Policy issued pursuant hereto will contain under Schedule B the General Exceptions set forth below. Any Loan Policy will contain under Schedule B General Exceptions 1, 2 and 3 unless a satisfactory survey is furnished; General Exception 4 will appear unless satisfactory evidence is furnished that improvements and/or repairs or alterations thereto are completed; that contractor, General Exceptions: 1. Rights or Claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes or special assessments which are not shown as existing liens by the public records. F. Special Exceptions: 1. Taxes for the year 1972 due in 1973 in the amount of $246.54 are paid. Key No. 03-01-17/018-0429. Land Val. $1090.00; Imp. Val. $2770.00; Exem. $1000.00; Net Value $2860.00. Taxes for the year 1973 due in May and November, 1974• Taxes for the year 1974 due in May and November, 1975• 2. Rights of the owners of tracts Numbered 3, 4, 5, 6, 7, 8, 9 and 10 in the Denslow family partition, the decree and map of which partition was entered October 9, 1878 in Civil Order Book 19, pages 57 to 61 inclusive (being the owners of the lands lying West and South of the captioned premises) to the use of the South 16 feet of the captioned premises for a private cartway. 3. Easement from Harley 0. Andrews and Myrtle Andrews, his wife, to Indiana & Michigan Electric Company, dated August 2, 1950 and re- corded August 30, 1950, in Deed Record 473 page 400, for a single rural distribution line, including poles, wires and appurtenances across the land of grantors. (Said easement is not definitely located) 4. Mortgage dated July 27, 1968, executed by Walter J. Andrews and Carol J. Andrews, husband and wife, to Valley Bank and Trust Company, to secure $6,000.00, recorded July 29, 1968, in Mortgage Record 956, pages 476-477. (Covers said premises and other land) 5. Personal property tax judgment against Karpet Kraft and Walter Andrews, filed October 18, 1971, in the amount of $55.94, and being No. 231469. Form Prescribe:^*. `/- Count Form No, 16TJ-i 969 ' 7 Y� , z State Board of Accounts FORM NO, 11 COUNTY TREASURER'S RECEII I } FOR PERSONAL PROPERTY TAX JUDGMENT 14y cr)%IJ Name and I/ St, Joseph County Ce Address of Judgment 'T,L � p Debtor:�O '�� ' �p� Townsh(p or corporation Judgment Recor Nr Page ..__ �.� Duplicate No. '(Cal. D, Form 74T) _— Amount of Taxes, Penalties and Costs (Col. F, 74T) $ 41 .P7oim Interest at 6% per annurn from _ % / L._______ at date (Date certified to Clark of Circuit Court) I TOTAL_ ,,.r 44. "arl �, �/-x- A., ,y^,wa.,� 9 THIS IS A VALID RECEIPT N Recharged to Current Tax WHEN STAMPED PAID ORRECEIPTED TREASURER. TREASURE BY THE COUNTYrllsate CONDITIONS AND STIPULATIONS terns "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interests or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowl- edge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3, Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or Policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements here- of, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or int-0 nr the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Com- pany arising out of the status of the title to the estate or interest or status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the P.)Iicy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or Policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by on authorized signatory. Issued by THE ABSTRACT & TITLE CORPORATION 226 West Jefferson Boulevard South Bend, Indiana 46601 (219) 233-8258 ' jIJ AJ, Authorized Signatory Vice President F2290 By: President. ATTEST: 284 PAGE 49 z4R.d�n. � Secretary 1AY Corfull"Iss-.1011 T-_)q:)j.rc-S: " L p _;rLJ- 23L_1977 'Preparer.1 1,)y- Steven P-. Revthla, Vice Presiclent Vallev Pan]< and Irtist C1111_aDZ February 22, 1974 Mr. and Mrs. Walter Andrews, 3727 S. Ironwood Drive, South Bend, Indiana 4661h Dear Mr. and Mrs. Andrews: "Ple Donaldson Asency REAL ESTATE - INSURANCE 2818 SO. MAIN ST, - BOX 2575 SOUTH SEND, INDIANA 46613 PHONES BUS. 291-7686 RES. 291-4674 6ox 284. L 50 North West Corner of the intersection of Ironwood Road and Inwood Road. The record in the St. Joseph County Assessor's office chows the residence was built in 1914. The remaining portion of the property appears to be 171.6 feet on Ironwood Road and 363 feet on Inwood Road. I was unable to locate a plat map showing any right of way restriction on Ironwood Road, however, a plat in the City Engineer's office chows a 60 foot right of way easement for Inwood Road. It will be quite difficult to find just where the 60, measurement begins unless a stake could be located on either the S/E or S1111 corner of your property. As to a reasonable Market Value price for your property I have checked both Listings and Sales in the Multiple Listing files (for comparable properties), location, improvements, age of residex)ue and size of lot, and it is my personal opinion your -Droperty would sell in a range of $21,000. to $217500. 1 am not a Real Estate appraiser so my opinion is based on Selling poteritlal. If you should for any reason not include the front portion of your property ( along Ironwood Road and west on Inwood Road 2001) then the current market value would be reduced from $21,500- to $17,000- or $16,500. Should you at any time decide to,put your property on sale I will be pleased to have the opportunity of working with you and will consider the listing on the then current Market Value approach. ., Vry.sincerely yours, Wm. M. Donaldson, Broker W" 165673 PARTTAR,............. F, Mor TGIVIE --- This, certifies, that ai certain mortgage executed byNalter A and Carol. J. Andrews, husband and wife to 141ley Bank and Trust Company, Mishawaka, Indiana, on th(,'5- 27th day of July, 19(58, to secure the payment of $6,000.00, which is recorded in Mortgage Recon-con Nuinber 956, at page 477, in the office oC the. lZecorder of St. Joseph County, lndiana' is hereby release as to the following descr-aI-_)cfl real estate in St. Joseph County and State of Indiana, to wi,t,: A tract of land in the Southeast Quarter of Section Nineteen (19), Township Thirty-seven (37) North, Fla corner'of the said Southeast Quarter of Section Nineteen (19); running thence North along the East line of said Section Nineteen (19) a distance of 171.6 feet; thence West along a line parallel to the South line of Section Nineteen (19) a distance of 140 feet; thence in a Southwesterly direction in a straight line a distance of 167 feet; more or less, to a point 20 feet North of and 210 feet West of the Southeast corner of said Section Nineteen (19); thence due South a distance of 20 feet to the South line of Section 19; thence East along the South line of Section Nineteen (19) a distance of 210 feet to the point of beginning. This release applies only to the real estate herein described and the lien of the above -mentioned mortgage shall continue in effect as to all other real. estate now encumlz)ered by said mortgage. I'll In witness whereof, Valley Bank and Trust Company, Mishawaka, Indiana, has hereunto caused its name to be signed and its seal to be affixed by its duly qualified officer, this Sth day of April, 1974. 6 U I r , Valley B'anI and Tr st, or"ht,)any sh_ w n d a MshaL,i".z al': ByY 7 � t, n,U Leven F lRathkau Vice President c, State of Indiana ss: St. Joseph County Before me, the undersigned, a Notary Public in and for said County and State, this 8th day of April, 1974, personally appeared Steven F. Rathka, Vice President of Valley Bank and Trust Company, Mishawaka, Indiana, and as such officer and for and on behalf of said bank, acknowledged the'e>cecution of the above and foregoing partial release of maxt9age. Prep&red 'key; Steven P. Rathl-a, Vice President SMOOTH O"T d Trust rrriirrr»»erarriiiii//w/ gq. EV M,'A I t- TO D.A. Wells Ext 251 W This indenture witnesseth that 165674 Walter J. and Carol J. Andrews, husband and wife, Of St. Joseph County in the State of Indiana Convoy and warrant to Gity of South Bend, Indiana Of St. Joseph County in the State of Indiana for and in consideration of One dollar and other valuable considerations the receipt whereof is hereby acknowledged, the following Real Estate in St. Joseph in the State of Indiana, to, wit: A tract of land described as follows: AUDITOR'S RE -CORD Transfer No. Taxing Unit Do, BOOK 784 PAGE566 ('D C-� County Beginning at the southeast corner of Section No..19, Range,3 East, Township 37 North in Portage Township, St. Joseph County, Indiana, thence; due north along the east line of said Section No. 19 a distance of 171.6 feet, thence; due west along a line parallel to the south line of said Section No. 19 a distance of 140 feet toa point, thence; in a south westerly direction in a straight line a distance of approximately 167 feet more or less to a point 20 feet north of and 210 feet west of the southeast corner of said Section No. 19, thence; due south a distance of 20 feet to the south line of said Section No. 19, thence; due east along the south line of said Section No. 19 a distance of 210 feet to the point of beginning, containing 30,730 square feet or 0.705 Acres, more or less, ail in the south east quarter of Section No. 19, Range 3 East, Township 37 North, Portage Township, St. Joseph County, Indiana. Subject to all legal highways and roads. U Signed and dated 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: Walter J. and Carol J. Andrews Seal and acknowledged the execution of the foregoing deed. Seal In witness whereof, r have hereunto subscribed my name and affixed my official seal, this 10 h d p4r 1 y of A_�19 74 Seal David A. Wells N.t—y P-wk Jan. 22, 191_5 7'ks . g instruinent,was prepared by Jamws A. Roemer, City Attorney M—b- St. Joseph County Wi.. B- Aa iwion