HomeMy WebLinkAbout#824 - Deed; Special Warranty - From Insurance Company to City of South Bend-Lot 7 as shown on Plat of Rockstroh Bros. Add. To Cityr mi
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THE ABSTRACT & TITLE CORPORATION
226 West Jefferson Boulevard
South Bend, Indiana 46601
CHICAGO
TITLE INSURANCE
COMPANY
111 WEST WASHINGTON STREET
CHICAGO, ILLINOIS 60602
Form 3607
DEPARTMENT OF LAW
WH"j&,-u0-"A'FFI(M MEM
TO: Pat DeClercq
FROM: Ann Zmyslo
SUBJECT: Title Policy - Real Services
DATE: May 23, 1979
Attached is the title policy on Real Services
property.
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY FORM B-1970
(Amended 10-17-70)
26293
15 0
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN
SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF,
CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of
insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become
obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated
therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such tide.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed
and seated as of the date of policy shown in Schedule A, the policy to become valid when countersigned
by an authorized signatory.
Issued by:
THE ABSTRACT & TITLE
CORPORATION
226 West Jefferson Boulevard
South Bend, Indiana 46601
(219) 233-8258
CHICAGO TITLE INSURANCE COMPANY
By.
President,
ATTEST:
Secretary.
IMPORTANT
This policy necessarily relate," solely to the title as, of the date of the policy. In order that a purchaser
of the real estate described herein inay be insured against defects, liens or encumbrances, this Policy
should be reissued in the name of such purchaser.
7
Copyright 1969 Anierican I -and Title Association
SCHEDULE A
26293
Number Date of Policy
15 021 04 08436 July 9, 1975
1. Name of Insured:
CIVIL CITY OF SOUTH BEND
Amount of Insurance
$131,000.00
2, The estate or interest in the land described herein and which is covered by this policy is:
Fee simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured,
4, The hind herein described is encumbered by (lie following" mortgage Or IrUst deed, and assignments:
and the mortgages or trust deeds, if any, shown in Schedule B hereof.
5. The kind referred to in this policy is described as follows: Situate in St. Joseph County,
in the State of Indiana:
Lot Numbered Seven (7) as shown on the recorded plat of
Rockstroh Bros. Addition to the City of South Bend.
This policy valid only if Schedule B is attached.
13 Vw' YU I. 1E N 1p, U—
PolicyNumber15 021 04 08436
Owners
FORM
This policy does not insure against loss or damage by reason of the following exceptions:
General Exceptions:
(1) Rights or claims of parties in possession not shown by the public records.
(2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey and inspection of the premises.
(3) Easements or claims of easements not shown by the public records.
(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.
Special Exceptions. The mortgage, if any, referred to in Item 4 of Schedule A.
1. Taxes for the year 1975 due in May and November 1976 and all
subsequent taxes.
Counter ned
Auth Tzed Signatory
Vice President Schedule B of this Policy consists of l pages.
OWNER'S INFLATION PROTECTION ENDORSEMENT
ATTACHED TO POLICY NO. 15 021 04 08436
ISSUEDBy Abstract & Title Cor-poration
of South Bend
CHICAGO TITLE INSURANCE COMPANY
The Company, recognizing the current effect of inflation on real property valuation and intending to provide
additional monetary protection to the Insured owner named in said Policy, hereby modifies said Policy, as follows:
1. Notwithstanding anything contained in said Policy to, the contrary, the amount of insurance provided by
said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the
manner and to the extent hereinafter specified.
ii
2. "Adjustment Date" is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January I
which occurs more than six months after the Date of Policy, as shown in Schedule: A of the Policy to which
this Endorsement is attached, and on each succeeding January 1.
An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the
maxiniurn amount of insurance provided by said Policy (as said amount may have been increased
theretofore Linder the terms of this Endorsement) by the same percentage, if any, by which the United
States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of
September immediately preceding exceeds such Index for the month of September one year earlier;
provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount
of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which,
Linder the terms of the Conditions avid Stipulations, reduces the amount of insurance in force. There shall
be no annual adjUStInCrIt in the amount of insurance for years in which there is no increase in said
Construction Cost Index,
4. In the settlement of any claim against the Company tinder said Policy, the amount of insurance in force
shall be deemed to be the amount which is in force as of the date on which the insured claimant first
learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of
the first notice of such claim, whichever shall first occur.
PROVIDED, HOWEVER, this endorsement shall be effective only if one of the following conditions exists at
Date of Policy:
-i. The land described in this policy is a parcel on which there is only a one -to -four family residential
structure, including all improvements on the land related to residential use, in which the Insured Owner
resides or intends to reside; or,
b. The land consists of a residential condominium unit, together with the common elements appurtenant
thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside.
This Endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof
and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms
and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of
the policy or commitment and prior endorsements or increase the face amount thereof,
binding until countersigned by an authorized
signatory.
CHICAGO TITLE INSURANCE COMPANY
President.
Secretary
NOTE: In connection with a future application for title insurance covering said land, reissue credit on
premium charges (if applicable at all) will be allowed only upon the original face amount of insurance as
stated in Schedule A of said Policy.
CONDITIONS AND STIPULATIONS to final determi-
I - Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to
any rights or defenses the Company may have had against the named
insured, those who succeed to the interest of such insured by operation
of law as distinguished from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal representatives, next of
kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage here-
under.
(c) "knowledge": actual knowledge, not constructive knowledge or
notice which may be imputed to an insured by reason of any public
records.
(d) "land": the land described, specifically or by reference in Schedule
A, and improvements affixed thereto which by law constitute real prop-
erty; provided, however, the term "land" does not include any property
beyond the lines of the area specifically described or referred to in
Schedule A, nor any right, title, interest, estate or casemen, in abutting
streets, roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of access to
and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": those records which by law impart constructive
notice of matters relating to said land.
2. Continuation of Insurance after Conveyance of Title
The coverage of this policy shall continue in force as of Date of
Policy in favor of an insured so long as such insured retains an estate
or interest in the land, or holds an indebtedness secured by a purchase
money mortgage given by a purchaser from such insured, or so long
as such insured shall have liability by reason of covenants of warranty
made by such insured in any transfer or conveyance of such estate or
interest; provided, however, this policy shall not continue in force in
favor of any purchaser from such insured of either said estate or
interest or the indebtedness secured by a purchase money mortgage
given to such insured.
3. Defense and Prosecution of Actions —Notice of Claim
to be given by an Insured Claimant
(a) The Company, at its own cost and without undue delay, shall
provide for the defense of an insured in all litigation consisting of
actions or proceedings commenced against such insured, or a defense
interposed against an insured in an action to enforce a contract for a
sale of the estate or interest in said land, to the extent that such litiga-
tion is founded upon an alleged defect, lien, encumbrance, or other
matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing (i) in
case any action or proceeding is begun or defense is interposed as set
forth in (a) above, (ii) in case knowledge shall come, to an insured
hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as insured, and which might cause loss
or damage for which the Company may be liable by virtue of this
policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If such prompt notice shall not be given to the Com-
pany, then as to such insured all liability of the Company shall cease
and terminate in regard to the matter or matters for which such
prompt notice is required; provided, however, that failure to notify
shall in no case prejudice the rights of any such insured under this
policy unless the Company shall be prejudiced by such failure and
then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the Company
may take any appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby concede
liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any action or 'inter-
posed a defense as required or permitted by the provisions of this
policy, the Company may pursue: any such 11uga
CONDITIONS AND STIPULATIONS (Continued on Reverse Side)
ON
TO: Pat DeClercq
FROM: Ann Zmysla
SUBJECT: Title Policy - Real Services
DATE: May 23, 1979
Attached is the title policy on Real Services
property.
e U'WCX1 LNL P.A. 100
South Bend, Indiana
(622 N. Michigan St. [Lot 71
geed 131478
THIS INDENTURE, made this -------26tl!_.day of.._ ........ A. D. between The
Lincoln National Life Insurance Company, a corporation existing under the laws of the State of Indiana, having
its principal office at 1301 South Harrison Street, Fort Wayne, Allen County, Indiana, Grantor,
Civil City of South Bend
-
----
------------------------- -----------------
------------------ -------- .............. ------------- ------- ------ __'_'______ -------------
municipal
a/6orporation existing under the laws of ._the.. and having its principal office at
South Bend, Indiana
-------------
Grantee,
WITNESSETH:
That The Lincoln National Life Insurance Company, in consideration of the sum of -011e-.-hundred.-----
Thirty-one ----
Thousand and No/100 - - - - - - - - Dollars ($,J_3l.,.O..O.O_..0)Q and other
_ ------ ----- -- --_---- -
good and valuable considerations, to it in hand paid by the said Grantee, receipt whereof is hereby acknowledged,
does hereby sell and convey unto the said Grantee, its successors and assigns, all the following described lot... -
or parcel of land lying and being in the County of -St. Joseph Indiana
------- -, State of _... ---------
....... .. described as follows, to wit: Transfet, 4-2, 6 zz-
Lot Numbered Seven (7) as shown on the Taxing
recorded Plat of Rockstroh Bros. Addition Date
to the City of South Bend, St. Joseph
County, Indiana;
Subject to any existing building and zoning laws or ordinances,
any public roads, any easements, Ana conaitions
of record, or easements or restrictions visible upon the ground,
and any state of facts which an accurate survey would disclose; and
LJJ
L-1
Subject to
.second installment ,of ._real., est,skteaxes assessed for the year 19.7.4,, and all taxes
------------- ----------
thereafter and subject to all assessments, which taxes and assessments Grantee expressly assumes and agrees
tgpa�.,y Grantor certifies under oath that no Indiana Gross Income Tax is due
able in respect to the transfer made by this Deed.
Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise ap-
pertaining, and all the estate, right, title, interest, claim, or demand whatsoever, of the said Grantor, either in
law or equity, of, in and to the above described premises. Grantor, fonlyor against, itselfthe acts of the said
and its successors,
And the said The Lincoln National Life Insurance Co
ompanand assigns, y, as
does warrant and covenant to the said Grantee, its successors
done or suffered to be done, any act or thing whereby the said,prernises
Grantor, that the said Grantor has not bou '803'.`AA , 95
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0322 U, Micl"Eigan St. 71
'FUIS' INDENTU'RE, made thin, -215th day of , , , JUMP .... .. , A, 'D. 19 7 ' 5, , l�wtween The
Lincoln National, Life Insurance Cornl)any, a corlwration existini, under the lawt�' of State oi lndioio, having
ilsi,winvI'ml office at 1.301 South Harrison Street, Fort Wayne, Allen County, Indiana, (3r,,,aitor, and
Civil City of South Bend
municipal.
aGrl)oration existing under the laws of the, State of Indiana and having its principal office at
South Bend, Indiana Grantee,
WUNIESSETH:
;�// / //////*/ ---- one,
Thirty-one, Thousand and No/100 - - - - - - - - - -her
($ 'L 3 1, 0 0 0. O)Q and ot
f4o(A and Valuable Considerations, to it in hand paid by the said (.,rantee, receipt v, hervof is acknowledged,
does hereby sell and convey unto the said Grantee, its successors and assigns, all the; following, described lot
or J:wrcel of land lYing and being in the County of St. Joseph . , of Indiana
I , described as follows, to wit:
Lot Numbered Seven (7) as shown on the
recorded Plat of Rockstroh Bros. Addition
to the City of South Bend, St. Joseph
County, Indiana;
Subject to any existing building and zoning laws or ordinances,
any public roads, any easements, restrictions and conditions
of rec.,,ord, or easements or restrictions visible upc)n ti-ic, ground,
and any state of facts which an accurate survey WOLLI,d disclose, and
Subject to _,'second installment of realestateaxes assessed for [he year.1974, and all taxes
the reaft,or and subject to all assessments, which taxes and asseFsnients Grantee expressly as,;urnes and agrees
Grantor certifies under oath that no Indiana Gross Income Tax is due
�'ayable in respect to the transfer made by this Deed.
1'og ether with all and singular the hereditaments and al)purtefiances thereunto l:r0onging,orinanywiseap-
1)ertairungr, and all the estate, right, title, interest, claim, or demiand whatsoevor, of the said Grantor, either in
laAzw or equity, of, in and to the above described premises.
Arid the said The Lincoln National Life Insurance Company, as Grantor, for itsolf, and its successors,
does warrant and covenant to the said Grantee, its successors and assigns, only against the acts of the, said
Grantor, that the said Grantor has not done or suffered to be done, any aet or thing -whereby the said 'premises
"I,
hereby gra
nted ate, or ynay be, inCUinbered or, charged, except as herein recited; and that the said Grantor
will so warrant and defend to the said (3,rantee, its successors and assigns.
IN TESTIMONY "a JII'REOF, The Lincoln National Ure Insi.irance Company has caused the,4e, fires(jit's
to be executed ill its corj)orate name anal its corporate seal to be herennto affixed by its proper officers, Illere.
unto duly authorized, the day, and year first above written.
THE LINC',OLN NATIONAL LIFE INSURANCE COMPANY
SlIgnied, sealed and d6vercd in the
presence ('4: l3y
Joari 1"
STATE OF 1NI)VAN"A
("OUINTY OF ��kf,J,EN
Attest:
C. Marcus, A%siRtant Secretary
June. 19 75t)(,�foj�c are, Joan L.,S,preen a I , ,
duly kjualif!e,ad anti acting 'Notaj•y Public in and for said County and State, and residing therein, personally ap-
peared Alex Jokay and C. Marcus, to me known to he the Vice
Pr(Nidoni and A,sistant 6r,( retary, respectively, of the Grantor, The Lincoln National Life Illsor.ance Company,
and acknoMedged to may that they subscribed the name of the maker thereof to the within and forefroing filstro-
ment in their official capacities and that the seal thereto attached is the official seal of said corporation and that
said insti-nment was excented and said seal affixed by ant'llority of the Board of Directors of said Company and
that—°ati(l instrument tva,, exectited as their free and V011.111tary act and (teed, individually avid ofricinlly, and as the
free and voluntary act and deed of said corporation, for the use.;;, purposes, benefits, and consideration th(srein
expressed.
WITNESS any hand and official seal this the day and year last above written.
I Notary
My cwnlni;;smn expirt,s Joan Z. Spreep
Ptiblic in and for Allen County, Indiana
JOAN L �",PPF'.EN
Notary Ptl!A'f; In Inrl for b"11 t (wity, Rq'ljarn
R'Csid'n;; an f'('1l frl'Awna
My Expires fo!xwiry I r,, P,1/6
THIS INSTRUMENT WAS
PREPARED BY:
Janice
I E.
Hattendorf P,
Attorney for
Grantor,
The
Lincoln
National
Life Insurance
Attorney
Company
1301
S.
Harrison
St.;
Fort Wayne,
Indiana
46801
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RESOLUTION NO. 21, 1984
WHEREAS, the City of South Bend, Indiana, owns certain real
estate commonly known as 622 North Michigan Street, South Bend,
Indiana, and more particularly described as:
Lot Numbered Seven (7) as shown on the
recorded Plat of Rockstroh Bros.
Addition to the City of South Bend,
St. Joseph County, Indiana.
WHEREAS, said real estate was purchased by the City_o,f—SoA3't-h
Bend specifically for use by REAL Services of St. Joseph County, I-nc.,
for its Older Adult Programs.
WHEREAS, the City of South Bend, Indiana, now desires to
transfer said property to REAL Services of St. Joseph County, Inc.,
in order to demonstrate its commitment to the older adults in the
community.
NOW THEREFORE BE IT RESOLVED by the Board of Public Works of
the City of South Bend, Indiana, that the City of South Bend sell
the real estate described as:
Lot Numbered Seven (7) as shown on the
recorded Plat of Rockstroh Bros.
Addition to the City of South Bend,
St. Joseph County, Indiana,
to REAL Services of St, Joseph County, Inc., for the sum of One
Dollar ($1.00) and other good and valuable consideration for use
as a facility for its Older Adults Program,
Adopted this .16�k day of October, 1984.
BOARD OF PUBLIC WORKS
(Jghn E. Leszczyngki I
chard L. Hill
M aic h a qeL4V Vance
ece
ATTEST:
jSa,irA, �Mprmerlee, clerk