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HomeMy WebLinkAbout#901 - Deed; Warranty - From Woods to City of South Bend-lot of land takne from the entire W end of Lot 27 as shown on Plat of College Grove, an Add. To City of SB (Washington St. Retention Basin)City of South Bend Jowph E Kernan. Mayor November 10, 1988 MR. RUSSELL D. ROBISON, JR. VICE PRESIDENT, OPERATIONS THE O'BRIEN CORPORATION 2001 West Washington Avenue p.o. Box 17 South Bend, Indiana 46624 Dear Mr. Robison: Your letter of November 3, 1988 to Mr. John Leszczynski, Director of Public Works, regarding the possible availability of City property bordered by Washington, College and orange Streets has been referred to this office for response. For your information, I have reviewed this request with the Engineering Department and have been advised that the property in question is designed as a detention basin. As long as the storm system works properly, storm water will not enter the basin. At this time, the City does not intend to eliminate this detention basin and therefore the property is not available for sale. However, I will place your letter of interest in the appropriate file and should it be determined at some future time that the property can be disposed of you will be advised. If I can be of any further assistance to you in this matter or if you have any further questions, please don't hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk ME qol 1308 County -City Building * South Bend, Indiana 46601 e 2191284-9412 JOhn E. Lo!SZCZVnSki Patricia F. DeClercq Katherine )-lurnphreys O'BRIEN CORPORATION R; November 3, 1988 Mr. John Leszczynski Director of Public Works 1300 County City Building South Bend, IN 46601 Dear Mr. Leszczynski This letter is to document our interest in the city property, currently used as a flood control basin, immediately east of our property and bordered by Washington, College, and Orange Streets. In the event of the city declaring this property excess, or desiring to sell it for any reason, we would appreciate written notification and the opportunity to acquire it. Thank you for keeping this letter on file, and your consideration in this matter. Sincerely, The O'Brien Corporation Russel D. Robison, Jr. Vice President, Operations CC: Honorable Joseph Kernan, Mayor J.J', Crowley, Jr. M.R. Allen L.G. Sayre 2001 West Washington Avenue, B.Q. Box 17, South Bend, Indiana 46624 • (219) 233-9361 1kz),L a .,fi,'"26:5,`23/ 5' R. Curb t..,,;�_.....� �� P - - i 2 (j � i-26,22/4'RtlCarbw42,23/ i$'Mople a�,�I �j,r� �-�67,22� 12"Asb '�+65,18.5' Q. 3' Walk �--"'""�. � h /2 ✓�/O!'R7 �' � ` tip � -7,2224" Ash i 9 v.+00,1l� Curb; 4 1 q +'00,18' Curb 19 5' 6VP• Pole S:Shore k R, ! p 5 \\ s = + 195' l�/Gil P. Pole + 09 31 -Bock of Sdwk. +II 523'%5'R,Curb i S.Shore R R., ! a ° - +,. 31.5'BockcfSdwW ,_-_ + �s,la B 33"Rramr �11 23 / 5'R. 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JOSEPH County, in the State of INDIANA , described as follows: A lot or parcel of land Forty-three (43) feet in width, East and West, taken off of and from the entire West end of Lot Numbered Twenty-seven (27) as shown on the recorded Plat of College Grove, an Addition to the Town, now City of South Bend. Subject to the fall installment of 1974 payable in 1975 taxes and all taxes thereafter. Signed and dated on the 18th day of December State of _._In_d.1_ana___, _&fi ln�aph_ County, ss: Before ?ne, the undersigned, a Notary Public in and for said County and State, personally appeared: 'MAUDE WOODS, adult woman and acknowledged the execution of the foregoing deed on 18th day_QfyUecembe1�,,�,,', 19 75 Notary Public Signature i 1 Atll,' M P a rr i s h Typed arprinted name mycommission expires June 26, 1977 :;0 ca C-1 M CD C-) " —� 1 C Cn ril "I'? 'TJ :Z f n r7j rq >- ,i rn C> C) M M PO 19_Z_5.. art J Signalara M DE GODS Typed or Signature Typed or printed n..O Signature Typed or printed name Typed or printed name '—Y 1,446.11"�,ri (3.75) American Land Title Association Owners Policy - 1970 25745 Schedule No. O-B 056180 Date of Policy9 December 19. 1925 Amount of Insurance: Agent's Reference No.: $1 . Onin -no 712 Parcel "A" 1. Name of Insured: CITY OF SOUTH BEND j Z Title to the estate or interest covered by this policy at the date hereof is vested in the insured. 3. The estate or interest in the land described or referred to in this Schedule covered by this policy is Fee Simple 4. The land referred to in this policy is located in the County of St. Joseph, State of Indiana and described as follows: A lot or parcel of land Forty-three (43) feet in width, East and West, taken off of and from the entire West end of Lot Numbered Twenty-seven (27) as shown on the recorded Plat of College Grove, an Addition to the Town, now City of South Bend. Schedule B Policy No. Q—B 056180 This policy does not insure against loss or damage by reason of the following: Standard Exceptions: (a) Rights or claims of parties in possession not shown by the public records. (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. (d) 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. Special Exceptions: Taxes for the year 1975 due in May and November, 1976 and all subsequent taxes. End of Schedule B MW . ...... OWNER'S INFLATION PROTECTION ENDORSEMENT ATTACHED TO POLICY NO. O-B 056180 ISSUED BY The Abstract and Title Corporation of South Bend Pioneer National Title Insurance Compan,�J 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. 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. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under 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 the highest Index number for the month of September in any previous year which is subsequent to Date of Policy; 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, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment 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 under 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. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This Endorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. The Abstract and Title Corporation 2,26 West Jofferson Boulevard South Bend, Indiana 46,601 Pioneer National Title Insurance Company By A A ttesi. 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, ." 9 : I , . 9 ^ 1 11111111111"W" ATKOR COMPANY Policy of Title Insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, PIONEER NATIONAL TITLE INSURANCE COMPANY (a Stock Company); a California 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 title; This policy shall not be valid or binding until countersigned' below by a validating officer of the Company. 7h& Marco and Title Corporotion, 226 West Jefferson Boulevard South Bend, Indiana 466,011 Countersigned: By— U', L. --, Vatidaling Signatory Vice President id Title Association Owner's Policy—Fotm 8— 1970 1 ed 10-17-70),