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Home My WebLink About#939- Deed; Warranty - From Barlow to City of South Bend-Lot 27 as shown on Plat of College Grove, platted by Benjamin Winans, now part of City of SBAmerican Land Title Association Owner's Policy Form B-1970 (Amended 10-17-70) POLICY OF TITLE INSURANCE THE ABSTRACT & TITLE CORPORATION 226 West Jefferson Boulevard South Bend, Indiana 46601 CHICAGO TITLE INSURANCE COMPANY ill WEST WASHINGTON STREET CHICAGO, ILLINOIS 60602 W: Form 3607 AMERICAN LAND TITLE ASSOCIATION 0) OWNER'S POLICY FORM B-1970 (Amended 10-17-70) 25747 5 0 2 1 04 08322 CHICAGO TITLE INSURANCE JMPANY 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 tide; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed 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: e7 Secretary. IMPORTANT '"his policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser of the real estate described herein may be insured against defects, liens or encumbrances, this policy should be reissued in the name of such purchaser, or ight 1969 Arnerican I -and Title Association SCHEDULE A 25747 Number 15 021 04 08322 Parcel "C" I. Name of Insured: Date of Policy July 14, 1975 Amount of Insurance 1 The estate or interest ill the larid described herelit and which is covered by this policy is: Fee simple if000.00 3. 1"he estate or interest referred to herein is at Dato of Policy vestcd ill the illstired. 4The land herein described is ciicurilbered 1)y the followim, mortgage or trust deed, mid assignniciits: C, and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: Situate in St. Joseph County, in the State of Indiana: Part of Lot Numbered Twenty-seven (27) as, shown on the recorded Plat of College Grove, as platted by Benjamin Winans, now a part of the City of South Bend described as follows, viz: Beginning at the Mortheas,t corner of said Lot Numbered 27; thence South on the East line of said lot, 45.3 feet; thence TVIest 85-3/4 feet to the Fast line of an alley 10 feet wide; thence North on the East line of said alley, 45.3 feet to the South line of orange Street; thence East on said line 85-3/4 feet to the place of beginning. This policy valid only if Schedule B is attached. Policy Number 15 021 04 08322 1 owners 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 1976 due in May and 'November, 1977 and all subsequent taxes. Counts �Jgned AuNorized Signatory V) -Vice President Schedule B of this Policy consists of 1 pages. Corporation of CHICAGO TITLE INSURANCE COMPANY The Company, recognizing tile current rr- t, - effect 0 inflation on real property valuation and intending to proviue 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, tire amount of insurance provided by said Policy, as stated in Schedule A thereof is subject to cumulative annual upward adjustments in the inanner 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. All upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of inSUranQc 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 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, 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 tile settlement of any claim against tile 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. PROVIDED, HOWEVER, this endorsement shall be effective only if one of the following conditions exists at Date of Policy: a. 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 clernentS 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. C1-flCAG0 TITLE 1N,91 JR ANrP rrIXAPA KTI/ SOUTH 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: City of South Bend Joseph F. Kernan, Mayor 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 smp 13,08 County -City Building * South Bend, Indiana 46601 * 219/284-9412 John Ii. 1,eszezynski I)atricia E. r,)eC]crcq Katherine Hurnphreys k 00- November 3, 1988 Mr. John Leszczynski Director of Public Works 1300 County City Building South Bend, IN 46601 Dear Mr. Leszczynski �3 -7- 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 411, 15 1 2001 West Washington Avenue, RO, Box 17, South Bend, Indiana 46624 • (219) 233.9361