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HomeMy WebLinkAbout#1083- Deed; Warranty - From Valley Bank & Trust Co. to City of South Bend-A part of the SE quarter of Sec. 24, Twp. 37 N, Range 2 E, and a part of the NE quarter of Sec. 25, Twp. 37 N, Range 2 E, in CityAIL DEED TO: MAIL TAX BILLS TO: IATION RA PROPERTY OFS.O.M W — 1.74 7 70 AUDITOR'S RECORD 5- '- Transfer No. -3 Taxing Unit 1111� WARRANTY DEED D . te 2 -/f 1 2 VALLEY BANK AND TRUST COMPANY, AN INDIANA CORPORATION the Grantor 11vey and Warrant to CITY OF SOUTH BEND the Grantee M W in consideration of Ten ($10.00) Dollars and other good and valuable I consideration the receipt of which is hereby acknowledged, Real Estate in St. Joseph County, in the State of Indiana , described as follows: Trust A part of the Southeast 1/4 of Section 24, Township 37 North, Range 2 East and a part of the Northeast 1/4 of Section 25, Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows: Beginning at a point on the West line of Miami Hills Addition, 1269.25 feet on an assumed bearing of South 1' 39' East of the Northeast corner of Southmore Heights as shown on the Southmore Heights Street Layout Dedication Plan as recorded in Plat Book 15, Page "S" in the Office of the Recorder of St. Joseph County, Indiana said point also being on the West line of the Plat of Miami Hills Addition, a plat recorded in Plat Book 17, Page "M" in said Recorder's Office of St. Joseph County, Indiana; thence continuing South 1* 39' East along said West line of Miami Hills thence South 551 12' 50" West along said Northerly - line of Chippewa Avenue, 495.02 feet; thence continuing along said Northerly line of Chippewa Avenue South 86' 50' West, 270.05 feet; thence North 400 54' 50" East, 79.08 feet; thence North 300 121 2411 East, 143.50 feet; thence North 30 57' 24" East, 396.00 feet; thence North 150 32' 36" West, 327.00 feet; thence North 340 27' 24" East, 267.90 feet; thence South 550 321 36" East, 301.65 feet; thence North 880 211 East, 80 feet; thence South 10 39' East, 30 feet; thence North 88' 211 East, 113.50 feet to the place of beginning and containing 11.2609 acres more or less, and also (continued on reverse side) on June 24, —, 19_17. County, ss: and for said County Fident yI of n an hn E. Ronchetl r, Valley Bank and iana Corporation and acknowledged the Milo, execuO, e foregoing deed on Notary Public N VALLEY BANK AND TRUST COMPANY, AN INDIANA CORPORATION sigmau", — P—ocif n—, s1J. Schwartz 4/ President Rd -r p,)V'aa name JohWE. Ronchetti, Vice President, / Typed or printed name —Cas-H—ier Segnalare MY Typed or printed name 1205 St. Joseph Bank Bldg., South Bend, IN 46601 of the Southeast 1/4 of Section 24, Township 37 North, 2 East and a art of the Northeast 1/4 of Section 25 --j- r f Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows: Beginning at the Southeast corner of said Southmore Heights as shown on the recorded Southmore Heights Street Layout Dedication Plan, said point also being on the West line of above mentioned Miami Hills Addition; thence North 10 39' West along said West line of Miami Hills Addition, 204.09 feet to the Southerly line of Chippewa Avenue; thence South 550 12' 50" West along said Southerly line of Chippewa Avenue, 389.15 feet to the Northerly line of the Erskine Municipal Golf Course, thence North 86" 501 East along said Northerly line of the Erskine municipal Golf Course, 325.97 feet to the place of beginning and containing 0.7634 acres more or less. Subject to the existing lien of real estate taxes. pqx on Sale Of Veal F'State Ela 1 d by Bnk & Trust al 7 - 19- 197 7 _____900. 00 TT,-ep8L1pqj,,,q Re,,Ipt 299129 LID JUL L R INDF, F. C HIC AGO TITLE INSURANCE COMPANY 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 land 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, bvid A. Fells, P.E. Bureau of Design & Administration County -City Building South Bend, In 46601 L COMMITMENT No. 30480 Proposed Insured — LOAN: SCHEDULE A EFFECTIVE DATE; June 30, 1977 at eight o'clock A.M. Proposed Insured —OWNERS: City of South Bend dd�'"l Policy or Pplicies'to be issued:' ALTA Owners Policy— ALTA Loan Policy FORM B .- 1970 1970-- (Amended 10-17-70) (Amended 10-17-70) 60,000,00 The estaite or interest in the land described or referred to in this Commitment and coveredherein is a fee simple and title thereto is at the effective date hereof vested in: VALLEY BANK AND TRUST COMPANY The land referred to in this Commitment is described as follows; Situate in St. Joseph County, in the State of Indiana: A part of the Southeast 1/4 of Section 24, Township 37 North, Range 2 East and a part of the Northeast 1/4 of Section 25, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows Beginning at the Northeast corner of Southmore Heights as shown on the Southmore Heights Street Layout Dedication Plan as recorded in Plat Book 15, page 'IS" in the Office of the Recorder of St. Joseph County, Indiana said point also being on the West line of the plat of Miami Hills Addition, a, plat recorded in Plat Book 17, page "M" in said Recorder's office of St. Joseph County, Indiana; thence South 10 39' East along said 'West line of Miami Hills Addition, 1891.87 feet to the Northerly line of Chippewa Avenue; then ce South 550 12' 50" West along said Northerly line of Chippewa Avenue, 495.02 feet; thence continuing llongsaid Northerly line of Chippewa Avenue contuAMERICAN LAND TITLE ASSOCIATION COMMITMENT FORM NO. 228$ nM SCHEDULE A (Continued) Commitment No. P O O South 860' 50' West 270.05 feet; thence North 400 54' 50" East, 79.08'feet; thence North 300 12' 24" East, 143.50 feet; thence North 3° 57' 24" East,' 396.00 feet; thence North 150 32' 36" West, 327.00 feet; thence North 340 27" 24" East, 676.00 feet; thence North 20 32' 361' West, 131,00 feet; thence North 400 42" 36" West, 34.90 feet, thence Forth 100 17' 361" West 168.10 feet; thence Forth 340 47' 36" West, 145.00 feet; thence North 59'+ 17" 361" West, 53.23 feet; thence North 370 31' 361'' West, 165.84 feet; thence North 30 15' 36" West, 110.00 feet to the Northerly line of said Southmore Heights; thence North 860 44' East along said Northerly line of Southmore Heights, 470.71 feet to the place of beginning. ALSO: A part of the Southeast 1/4 of Section 24, Township 37 North, Range 2 East and a part of the Northeast 1/4 of Section 25, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly des- cribed as follow Beginning at the Southeast corner of said Southmore Heights as shown on the recorded Southmore Heights Street Layout Dedication Plan, said point hence also being on the West line of above mentioned Miami Hills Addition; t North 10 39, West along said West line of Miami Hills Addition 204.0 9 feet to the Southerly line of Chippewa Avenue; thence South 556 12' 50" g y pp , 9.15 feet to the West along said Southerly line of Chippewa Avenue 38' Northerly line of the Erskine Municipal Golf Course, thence North 860 50' East along said Northerly line of the Erskine Municipal Golf Course, 325.97 feet to the place of beginning. Excepting therefrom the following described tract of land: A part of the Southeast 1/4 of Section 24, Township 37 North, Range 2 East and a part of the Northeast 1/4 of Section 25, 'Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows Beginning at the Northeast corner of Southmore Heights as shown on the Southmore Heights Street Layout Dedication Plan as recorded in Plat Book. 15, page 'IS" in the office of the Recorder of St. Joseph County, Indiana said point also being on the West line of the plat of Miami. Hills Addition, a plat recorded. in Plat Book 17, page "M" in said Recorder's Office of ,fit. Joseph County, Indiana; thence South 10 39' East along said West line of Miami. Hills Addition, 1269.25 feet; thence South 880 21' West, 113.5 feet; thence North 10 39' West, 30 feet; thence South 880 21' West, 80 feet; thence North 550 32' 36" West, 302.05 feet; thence North 340 27' 24"' East, orth 400 407.83 feet; thence North 20 32' 36" West 131.00 feet; thence N 42' 361" West, 34.90 feet; thence North 106 17' 361" West 168.10 feet; then- ce North 34047' 36" West, 145.00 feet; thence North 596 17' 36" West, 53.23 feet; thence North 370 31' 36" West, 165.84 feet; thence North 30 15'' 36" West, 110.00 feet to the Northerly line of said Southmore Heights; thence North 860 44" East along said Northerly line of Southmore Heights, 470.71 feet to the place of beginning. SdHEDULEB CommitmentNo. 3o480 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed Of to the satisfaction of the Company: A. Instruments necessary to create the estate or interest to be insured must be Property executed, de. livered and duty 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 es,tote 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, subcontractors, labor and materiolmen are all paid. General Exceptions: 1. Rights or Claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown 6y 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. First installment of taxes for the year 1976, due in may, 1977 is delinquent in the amount of $985-70 Plus $,78-86 penalty. Second installment of taxes for the year 1976, due on or before the first Monday in November, 1977 in the amount of $985-70. Key No. 15-07-18/138-4933.02. Land Val. $19,670-00. Net Val. $19,670-00. (Taxes are certified up to and including June 17, 1977) Taxes for the year 1977 due in May and November, 1978. 2. Easement granted by the United States of America., acting by and through the Public Housing Administration to Indiana & Michigan Electric Company for operation and maintenance and repairs of electric distribution lines, by an Inotx-ument; dated Ju"e 3D, -19E;)J and recorded July 23, 1954 in Deed Record 530, pages 126-129. 3. Easement granted to Northern Indiana Public Service Company by Southmore Mutual Housing Corporation for installation and mainten- ance of gas mains by an instrument dated July 27, 1955 and recorded August 1, 1955 in Deed Record 544, pages 500-501. FORM NO2289 M CONDITIONS AND STIPULATIOI4S 1� The terrn "mortgage, when use d herein, shall include deed Of bust„ irust,deed, or other security instrument, wires actual knowledge of any defect, proposed lnsure�d I,, a s o r ocqu "en, encumbrance:, 2. if the the e nteresis. or mortgage thereon covered y This i7c'MmOment other lbon or other matter offectinq, state or 1 1 1, e, adverse claim lo hereof, , and shall fail to disclose such knowledge 'a the Company in those shown in Schedule wriiing, any shall 'e n, on loss or damage resulting fro the Cornio ol� b& relieved from liability for any Y act Of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the propa,ed Insured shall disclose such knowledge to the Company, or if the Company Otherwise acquires actual ,nowl 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 shalt 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 fo,r and only for actual loss incurred in reliance hereon in undertaking in good faith (o) to comply will, the requirements here- of, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire uire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is sublect to the insuring provisions, 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 rnade a part of this COTY)TTIiii-nent 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 Corn - pony arising out of the status of the title to the estate or, interest or status of the mortgage thereon covered by this Commitment rnust be based on and are subject to the provisions of this Commitment. This Cornmitaieril shall be effective only when the identity of the proposed Insured and the amount of the policy 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. rh'is 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 thiot 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) 233-9258 CHICAGO TITLE INSURANCE COMPANY By; President. ATTEST: BOARD OF PUBLIC WORKS INTER - OFF` 1 E MEMO DATE - October 31, 1988 TO: JAMES CALDWELL ADMINISTRATIVE ASSISTANT/NEIGHBORHOODS FROM: SANDRA M. PARMERLEE, CLE RE: MIAMI HILLS RETENTION BA IN Pursuant to your recent request for information regarding a parcel of property located in Miami Hills purchased in 1977 for a retention basin, following is the information which I have gathered that I hope will assist you: LOCATION OF A PART OF THE SOUTHEAST 1/4 OF SECTION 24, PARCELS: TOWNSHIP 37 NORTH, RANGE 2 EAST AND A PART OF THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST IN THE CITY OF SOUTH BEND (APPROX. 13 ACRES) KEY #: 18-7138-493302 DEED #: ST. JOSEPH COUNTY RECORDER # 7702125 BPW DEED FILE 41083 PURCHASED FROM: VALLEY BANK & TRUST COMPANY DATE OF PURCHASE: JUNE 24, 1977 AMOUNT: $60,000.00 APPROVAL: APPROPRIATION ORDINANCE NO. 6144-77 IN THE AMOUNT OF $60,500 FOR LAND ACQUISITION AND TITLE INSURANCE As I believe you are aware, the property was purchased with the intention of creating what was referred to asthe "Miami Hills Retention Basirlbut to date that project has not been initiated. If I can be of any further assistance to you in this matter, please don't hesitate to call me. smp Enc. CC: John Leszczynski K�-j / 5,f) ,14 c) SPECIAL METING APRIL 11�-1977 A special neeting of the Board of Public Works was convened at 9:00, a.m. on Wednesday, April 13, 1977 by President Patrick 11. "criahon, with fir. rictlahon and fir. Hullen present. RESOLUTION 140. 6 ADOPTED ?fr. Mcf1ahon explained that the purpose of the special meeting was to consider adoption of a resolution directing the preparation of plans, specifications and cost estimates for a retention basin in the Hiarli Hills area. Upon motion nade by fir. McMahon, seconded by Mr. Mullen and carried, the following resolution was adopted: RESOLUTION 140. 6, 1977 WHEREAS, the Board of Public Works has found it necessary in the best interests of the public safety and welfare to construct certain drainage improvements in the Miani Hills Area, and WIEREAS, the inproverients to the aforesaid area are conpatible with a study of the Clyde Creek drainage shed performed by Clyde 2. Williaris and, Associates, Professional Engineers, and WHEREAS, the costs for these inprovenents are to be funded from the Curiulative Sewer BuildinU and Sinking 11und, and WHERLAS, the Board of Public works has the authority to riake such iraproverients as provided by the Acts of the General Assembly (I.C. 18-1-G-15 and others,). NOW, T1111REr0Rr, BE IT RESOLVED that the Board of Public Works orders the Department of Public Works to prepare the plans, specifications and cost estimates, secure the necessary right-of-way, easements, permits and appropriations, and to seek bids for and construct tie drainage improvements in the fliami Hills area. BOARD Or PUBLIC WORKS sl Peter if. Mullen rl Patrick ri. 11cliahon ATTEST: s/ Patricia DeClercq, Clerk Dated this 13th day of April, 1977. ATTEST: Patricia DeClercq, Clerl;r- SOUTH f"t t Z City of South Bend Joseph U Keriun. Mayor MR. EDWARD J. KOLANOWSKI 853, East Chippewa Avenue South Bend, Indiana 46614 RE: MIAMI HILLS RETENTION BASIN Dear Mr. Kolanowski: Pursuant to your recent request, attached is a copy of the minutes of the April 11, 1977 Board of Public Works meeting where Resolution No. 6-1977 was adopted. As you can see, this Resolution authorized the purchase of the necessary right-of-way for the proposed retention basin. If you have any further questions regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, clerk smp Enc. cc: James Caldwell, Mayor's Administrative Assistant 13,08 ('ounty-01y Bmldin� - S+)uth Bend, Inchana 46601 * 2191294-9412 Kwherine Hul"PhrOVS Ntricia F, OeClerc(j L r1q., IIli7 APRTL 11, 1977 A special rjectinq of the Board of Public Works was convened at 9-00 a.n. on llcdnOsdaY, April 13, 1977 b,, President Patrick 11. Plellahon, with fir. McMahon and fir. Mullon'present. RUSOLU".Ijoi,4 jqO. 6 ADOPTED fir. McMahon explained that the purpose of the special rieet;nq was to consider adoption of a resolution directing the preparation of plans, specifications and cost estimates for a retention basin in the Miarli [tills area. Upon notion nade by fir. McMahon, seconded by mr.Mullen and carried, the following resolution was adopted: RESOLUTION NO. 6, 1977 WHEREAS, the Board of Public Works has found it necessary in the best interests of the public safety and welfare to construct certain drainage improvements in the Miani Hills Area, and MICREAS, the inproverients to the aforesaid area are compatible with a stud}e of the Clyde Creek drainage shed Performed by Clyde E. Willians and Associates, Professional Engineers, and MILRtAS, the costs for these iriprover-,ients are to be funded from the Cumulative Sewer Building and Sinking Fund, and 1711ERLAS, the Board of Public Norks has the authority to nake such irinroverients as provided by the Acts of the General Assembly (I.C. lb-1-6-15 and other!;). NOW, THEREFORE, BE IT RESOLVED that the Board of Public Works orders the Department of Public 11orks to prepare the plans, speci,5icat-ions and cost estimates, secure the necessary right-of-way, easerients, permits and appropriations, and to seek bids for and construct the drainage improvements in the Miami Hills area. BOARD Or PUBLIC WORKS s/ Peter If. Mullen s/ Patrick M. McMahon ATTEST: s/ Patricia DeClercq, Clerk Dated this 13th day of April, 1977. ATTEST: Patricia DeClercq, Cler4- YOV., 28pi'l-98, OSAJr'T " pARj[,-j FIII0 -)0 A GOUNTG�Y' —UTITY -j3UjL�)j'jjG SOUTH� BEND.,2 IN., Dear, Sandra Parmerlee:- On Nov,.l7j.,a988 E received" a letter, from Mayor,, Joseph" E.. Kerna, n (see,enclosed copy)). The; information, stated inthis, letter, is facts that.I obtained in, July of this. year,., Th),-:,- information, that., I, am seeking,,,is,, the, minutes of the,: meeting in which the:; purchasing, of this property was discussed.. Any, information that-, youcould sendme, would', be appreciatied., Sincerely, Edward- J'., K,61,anowski EdwardJ.- Kolanowskii, 853', E.- Chippewa Ave>. South, Bend!, In.. 219,291-9816 ■ BC,ARL OF PUBLIC WORKS LATE: October 31, 1988 TO: JAMES CALDWELL ADMINISTRATIVE ASSISTANT/NEIGHBORHOODS FROM: SANDRA M. PARMERLEE, GLER RE: MIAMI HILLS RETENTION BA IN Pursuant to your recent request for information regarding a parcel of property located in Miami Hills purchased in 1977 for a retention basin, following is the information which I have gathered that I hope will assist you: LOCATION OF A PART OF -THE SOUTHEAST 1/4 OF SECTION 24, PARCELS: TOWNSHIP37 NORTH, RANGE 2 EAST AND A PART OF THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP' 37 NORTH, RANGE 2 EAST IN THE CITY OF SOUTH BEND (APPROX. 13 ACRES) KEY #: 18-7138-493302 DEED #: ST. JOSEPH COUNTY RECORDER # 7702125 BPW DEED FILE #1083 PURCHASED FROM: VALLEY BANK. & TRUST COMPANY DATE OF PURCHASE: JUNE 24, 1977 AMOUNT: $60,000.00 APPROVAL: APPROPRIATION ORDINANCE NO. 6144-77 IN THE AMOUNT OF $60,500 FOR LAND ACQUISITION AND TITLE INSURANCE As I believe you are aware, the property was purchased with the intention of creating what was referred to as the "Miami Hills Retention Basir'but to date that project has not been initiated. If I can be of any further assistance to you in this matter, please don't hesitate to call me. r smp Enc. cc: John. Leszczynski CHICAGO TITLE INSURANCE COMPANY 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 land 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. 0 David A. Wells, P.E. Bureau of Design & Administration County --City Building South Bend., In 46601 L SCHEDULE A P4:4 ic'y' er w'' ALTA owners Policy— ALTA Loon Policy FORM B--D970 1970 COMMITMENT No. EFFECTIVE DATE: (Amended 10-17.70) (Amended 10-17.70) 30430 duly 27, 1977 at $6o,000.00 eight o'clock A.M. Proposed Insured — LOAN: Proposed' Insured —OWNERS: 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: The land referred to in this Commitment is described as follows: Situate in St. in the State of Indiana: A part of the Southeast 1/4 of Section 24, Township 37 North, Range 2 East and a part of the Northeast 1/4 of Section 25, Township 37 Forth, Range 2 East in the City of South Bend, Indiana more particularly des- cribed as follows: Beginning at a point on the hest line of Miami Hills Addition, 1269.25 feet on an assumed bearing of South 10 39' East of the Northeast corner of Southmore Heights as shown on the Southmore Heights Street Layout Predication Plan as recorded in Plat Book 15, Page "S" in the office of the Recorder of St. Joseph County, Indiana said point also being on the West line of the Flat of Miami Hills Addition, a plat recorded. in Plat Book 17, page 4'M" in said Recorder's office of St.. Joseph County, Indiana;. thence continuing South 10 3.9' East along said Guest line of Miami Hills Addition, 622.62 feet to the Northerly line of Chippewa Avenue; thence - continued - AMERICAN LAND TITLE ASSOCIATION COMMITMENT FORM NO, 2288 Corm No. Z:wi SCHEDULE A — (Continued) Commitment No. 30 4 8 0 South 550 12' 501° West along said Northerly line of Chippewa Avenue, 495.02 feet; thence continuing along said Northerly line of Chippewa Avenue South 860 50' West, 270.05 feet; thence North 400 544' 5011 East, 79.08 feet; thence North 300 12' 244" East, 143.50 feet; thence North 30 57' 24" East, 396.00 feet; thence North 15032' 36" West, 327.00 feet; thence North 340 27' 24" East, 267.90 feet; thence South 550 32' 361" East, 301.65 feet; thence North 880 211 East, 80 feet; thence South. 10 39' East 30 feet; thence North 880 21' East, 113.50 feet to the place of beginning. ALSO, A part of the Southeast 1/4 of Section 24, Township 37 North, .Range 2 ,East and a part of the Northeast 1/4 of Section 25, Township 37 North, Range 2 East in the City of South Bend, Indiana more parti larly described as follows; Beginning at the Southeast corner of said Southmore Heights as shown on the recorded Southmore Heights Street Layout Dedication Plan, said point also being; on the West line of above mentioned Miami Hills Addi- tion; thence North 10 39' West along said West line of Miami Hills Addition 204.09 feet to the Southerly line of Chippewa Avenue; thence South 55612' 50" West along said Southerly line of Chippewa Avenue, 389.15 feet to the Northerly line of the Erskine Municipal Golf Course, thence North 860 50' East along said Northerly line of the Erskine Municipal Golf Course, 325.97 feet to the place of beginning. 5 er >f the at diana; 11.s ice. SCHEDULEB Commitment No.. 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, deg 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. meat. 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, subcontractors, labor and materialmen are all paid. General Exceptions: 11. 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 1976, assessed on Parcel of Land in SE 1/4 Sec. 24-37-2E Cont, Appx. 13.116 Acres, due in May and November, 1977 in the amount of $1,971.40 are paid plus a penalty of $78.86 on the first installment. Key No. 15-07-18/138-4933.02. Land Val. $19,670.00. Net Val. 19,670,00. Taxes for the year 1977 due in May and November, 1978. 2. Easement granted by the United States of America, acting by and through the Public Housing Administration to Indiana & Michigan Electric Company for operation and maintenance and repairs of electric distribution lines, by an instrument dated June 30, 1954 and recorded July 23, 1954 in Deed Record 530, pages 126-129. 3. Easement granted to Northern Indiana Public Service Company by Southmore Mutual Housing Corporation for installation and main- tenance of gas mains by an instrument dated July 27, 1955 and recorded August 1, 1955 in Deed Record 544, pages 500-501, FORM 'NO, `2289 CONDITIONS AND STIPULATIONS " when used herein, shall include deed of trust, trust deed, or other security instrument, I. The term 'Inlortgage, actual knowledgc of cifly defect, lien, encumbrance, adver, d Insured has or acclul" es ,e ClQ,,rn 2, if th(� propose terests or mortgage thereon covered by this Cornmiirneni other than or ffe'n'19 the C-1tote or 11, knowledge to the Cornp ny n writing, other -after a alld Spoil fail to disclose svcI,) 0 i W inng, those show(, in Schedule y 10, -)g fron, any act of reliance sholl be relieved from liability for On ,s of, damage resulting the COMPOtfly prejudiced by failure to so disclose such knowledge, If the proposed hereof' to he exterit tl)ehC0k[111)0Pwak1ed9e to the CompanY , or if tl)c-, Company otherwise cicquares actual knowl Insured shall cli5c!ose suc brance., adverse, c1clirn or other matter, the Company at its option may edge of ally h defect, herl, Qncufll -ripany a rnend SchodulL B of t his Coll, nli tmen i accordingly, but such amendment shall not relieve The Cot fron, liability previously incurred pursuant to Paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Comi-nitment shall be only to the non -led proposed Insured and such parties included under the definition ereorofit,inusnudreedrtainkithe infogron"oI dOfaith' aPiOthlic(ya) otro poOlMicPielys cwoimthmtihtetedqfouriraemnd notns lyhefroer actual 1055 incurred i) reliance - of, or (b) to elinlinate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or 11 sucl-, liabilily exceed the amount stated in mortgage thereon covered by this Coll) r-ni tmen t. In no event sho i ions, and such liability is subject to lhf? insuring prov s - Schedule A for the policy or policies committed for s f the fereorm of policy or policies comm'itted the Exclusions from Coverage- and the Condor oral and Stipulation and are made a part of this for in favor of the proposed 1--real which ore, hereby incorporatedoby refnce cornniiiment except cis expressly modified herein, d may have Or may bring ag,cinst the Corn- 4. Any action or actions or rights of action that the proposed Insure 11,1ortgage thereon covered pony arising out of the status of tire litte to the estate of- interest or status Of the by this Cori) nli n-ne nt must be based on and are subject to the provisions of this Commitment. e proposed insured and the arnount of e This Comrintroent shall be effective Or)IY when th e! identity of th either at the tirinethof p,)licy or policies committed for have been inserted in Schedule A hereof by the Company, the issuance of this CO'llrnitnient of, by subsequent ef-clorsernent. r polthe s ofOffer titletive insudateranchere andeof or all liwhen abithe lity ,This Commitment is prelirninarY to the issuance of such Policy 0 and obligations hereunder shall cease and terminate six months after . policy or policies Committed for Shalt issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company, s roused this the CornmCommitillent to be signed and IN WITNESS WHEREOF, Chicago Title Insurance Company ho itment to become valid when sealed 05 of the effective date of Commitment shown in Schedule A, countersigned by an authorized signatory, CHICAGO TITLE INSURANCE COMPANY issued by: THE ABSTRACT & TITLE CORPORATION 226 West Jefferson Boulevard South Bend, Indiana 46601 (219) 233-8258 Autharixid Signatory President By: President. ATTEST: Secretary F2290 CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 BOARD OF PUBLIC WORKS 2191284-9412 Patrick M. McMahon, P.E,, President Thomas J. Brunner, Jr. March 27, 1979 Peter H. Mullen Mr, Robert J. Ducomb, Sr., Attorney at Law 511 W. Colfax Avenue South Bend, Indiana Dear Mr. Ducomb: David A. Wells, Manager of the Bureau of Design & Administration, has asked that I send you the enclosed title insurance on property purchased by the City of South Bend. This information is being sent in order to correct the mechanic's lien filed on March 9 listing the City of South Bend as an affected owner. If you have any questions or need additional information, please feel free to contact Dave or me. very truly yours, BOARD OF PUBLIC WORKS Patricia DeClercq, Clerk PDC/mp Enclosure ,)U COMB, NIMTZ a DU COMB ATTORNEYS AT LAW INCOME I W � OLF­ 4111-C SOUTH BEND, INDIANA 46601 ands .___1 "v rest to the Northerly linn of said Southmore Heightsi thence North 86044' East along said Northerly line of Southmore Heights, 470.71 feet to the place of beginning and containing 6.95 acres, more or less. h '�L t, : -r� D : �iE11T OF LAW � jam' - omas J. Brunner, Jr. p City Attorney Date Referred to `�+ -,�r"7 ('«--� �"' h �^ .✓ia MF;CWWXC'S LIEN " 1i i rl P 1 �F'fl�it t.ivl U. CAW ---for your informa" on m ts. arwiers iip for your files please prepare re;;,y for my 14 signature please advise me t, President -General Partner please read and reUurn�`� Dlea5e sSg,n and 'r+2`vu2,Yl / ! If J please research and advise 5 't pursuanu �o your tacos � Remarks: � " �✓� �� i ( r k 11 Association. any, Inc. Indianapolis, Indiana 46250 Tho undersigned intends to hold a Mechanic'a Lien upon the following described prcpertyr 3608 High Street, South Bernd, Indiana 46614 more particularly described as: A part s,f the soutbeasit 3.14 of Section 24, Township 37 North, Range 2 East and it part of the Northeast 1/4 of Section 25, Township 37 North, Range 2 East in the Gity of South Rend, Indiana, more particularly described as follows, Beginning at the Northeast corner of the Southmore Heights as shown on the Southmore Heights Street Layout Dedication Plan as recorded in Plat Book 15, page "S" in the Office of the Recorder of St. Joseph County, Indiana, said point also being on the West line of the Plat of Miami bills Addition, a Plat recorded in Plat Book 17, Page "MO in said Recorder's Office of St. Joseph County, Indiana, thence South 1039' Fast along said Went line of Miami Frills Addition, 1269.25 feet, tbegnce South 800211 West, 113.5 femetr thence Borth 10391 Vast 30 fast:, thence South 88021' West, 90 feet, thence North 55032136" West, 301.65 feeit, thence North 34027'24" East, 408.10 feet, thence North 2032136" West, 131.00 feat, thence 'North 40042136" Nest, 34.90 feet, thence North 10017136" Nest, 168.10 feeeet, thence North 34047136" West, 145.00 feet, thence North 59017136" West, 53.23 feet; thence Borth 37031126" 'West, 165.24 feet-, th4e nine North 3015'36" hest, 110 feet to the Northerly line of said Southmore Hemighte, thence North 860441 East along said Northerly line of Southmore Heights, 470.71 feet to the place of beginning and containing 8.95 acres, more or less. ands OU CO.M9, NINITZ a DU come ATTORNEYS AT. LAW ING0M4.. BUILD," 51I � co4M - MVENU¢ SOUTH BEND, INDIANA 40601 T 0 1 Owner - NOTICE OF MVCHANrCIS LIEN _J Miami Hills Associates - limitAd Partnership (JF LAW 3608 High !3treet South Bond, Indiana 46614 1/ 1, 11 1 Attentions Margaret Hoyt, President -General Partner 0s,mar - City of South Band I I ; q 7 ` 'e_ C/o Mayor 'Peter Namiath 14th Floor. County -city Building 2z South Brand, Indiana 46(Sol 0 Federal National Mortgage Association � 150 South Wacker Drive U, Chicago, Illinois COroof) P Sheehan Construction Company, Inc. 8980 Hague Road P. 0. Box 50012 Indianapolis, Indiana 46250 Tho undersigned intends to hold a Mechanic's Lien upon the following describe propei,--ty- 3608 High Streait, South Bepid, XndiftneL 46634 m,ra particularly described as; and; OU COMB, NHATZ 8 DU COMB ATTORNEYS AT LAW SOUTH BEND, IHDIANA 4660t A part of the SO'Utheart 1/4 of Secticn 24, Township 37 North, Range 2 East and A Part of the Northeast 1/4 of Section 25, Township 37 Borth, Range 2 Past in the City of South Bend, Indiana, more Particularly described as followlt Beginning at the Northeast corner of the Southmoro Heights as shown on the Southmore Hoights Street Layout r—Odication Plan as recorded in Plat Book 15, page 'S' in the Office of the Recorder of St. Joseph Colinty, Indiana, said point also being on the 'Rest line of the Plat of Miami Hills Addition, a Plat recorded in Plat Book 17, Page Ox" in said Recorder's office of St. Joseph County, Indiana; thence South 10391 Past along said West line of Miami flills Addition, 1269.25 f"-ti tbance South 33021' West, 113.5 feat; thence North 10391 30 feet.; thence South e80211 West, 60 foot; thence North 55032'36" West, 301.65 fe-.1)tj thence North 34027124" East, 408.10 feety thence North 2032'36" West, 131.00 feet, thence North 40042'36" Went, 34.90 foot; thence North 1001713611 wrest, 168.10 feet, thence North 3404736" west, 145.00 foust; thence North 59017136" West, 53.23 feet; thence North 37031'26" Vest, 165.,ait feet; thence North 3015'36" West, 110 feet to the Northerly lino of said Southmore Heightsi thence North 860441 East alono said Northerly line of Southmore Heights, 470.71 feet to the pla*ce of beginning and containing 8.95 acres, more or less. DU COMB, NIMTZ DU COMB ATTORNEYS AT LAW INCOME OUILDWO 51 1 W. COLF- AVCN.0 SOUTH BEND, INDIANA 46601 A part of the Southeast 1/4 of Section 24, Township 37 North, Range 2 East and a part of the Northeast 1/4 of Section 25, Township 37 North, Range 2 East in the r.'Ity of S8uth Bond; Indiana more particularly described as follows, Beginning at A Point on the West line of Nliami Hills Addition, 1269.25 feet 011 an 18sumnd nearing of South 10391 East of the Northeast corner of Southmore Heights as shown on the Southmors Heights Street Layout Dodication Plan as recorded in Plat Book 15, Page "S" in the Office of the Recorder of St. Joseph County, Indiana said Point also being on tho Vest line of the Plat of Miami Tlill.i, Addition, a plat recorded in Plat Book 17, Page 'M" in said Fecorder's office of St. Joseph County, Indiana; thence continuing South Fazt along said went line of Miami Hills Addition, 622-62 flat to the 'Tortherly line of Chippewa Avenue; thence South 55012150" West along said mortharly line of Chippewa Avenue, 495.02 feet; thence continuing along said Northerly line of Chippewa Avenue South 85050, West, 270.05 feety thence North 40054'50" East, 79.OS feat, thence North 30012'24" East, .143.50 feet; thence North 3057'24" East, 395.00 feet; thence North 15032136" West, 327.00 foeti thence North 34027124" East, 267.90 feet; thence South 55032136" East, 301.65 feetj thence North BB0211 East, So feet, thence South 10391 East, 30 feetj thenco North OB0211 East, 113.50 feet to the place of beginning and containing 11.2609 acres more or loss and also A part of the Southeast 1/4 of Section 24,11ownehip 37 North, Range 2 East and a part of the Northeast 1/4 of Section 25,' Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows: Beginniat.1 at the Southeast corner of said Southmora Heights as shown on the recorded Southmare Heighta Street Layout Dedication Plan, said point also being on the West line of above mentioned Miami Hills Addition; th",ce North 10391 West along said West line Of Miami Hills Addition, 204.09 feet to the Souhherly line 0-f ChiPPc`Wa Avenue, thence South 55012450" West along said southerly lisle of rhipprra Avenue, 389.15 feet to the Northerly line of the E?3kine Municipal Golf course, thence North 860501 East along said Northerly lire of the Erskine Municipal Golf Course, 325.97 feet to the place of beginning and containing 0.7634 acres more or less. the amount of his claim which is specifically alleged to be Twenty-four uadred ($24,200-00) Dollars, plus the interest accraed and thereon, the fees of his attorney and the expenses incurred in con - nection with the filing and any necessary pros�ciitiojj of this lien. DRYWALL SERVICES AND SUPPLY, INC. P. t7. Box 55, Granger, Indiana 46530 STATE OF INDIANA 41 - ) SS1 James Treat, President ST. JOSEPH COMITY ) The undersigned being first duly sworn upon his oath, deposes and say, that the facts set forth in the foregoing notice are true to the best of his knowledge and belief. t' J a Treat, President Dtyvall Services and Supply, Inc. 2 DU COMB, NJMTZ a DU come J, ATTORNEYS AT LAW INCOME BUILDING w W, COLF. AVENUE SOUTH BEND. INDIANA 46601 Subscribed and sworn to before me thim ----V—d&Y of March, 1979, by James Treat, President, Drywall Services and Supply, Inc. N. Marlene Landry otary Public residing in St. Joseph County)x Indiana. MY co=ission expires: -JUle_L6, 1982 - 3 - Thin` .instrument was prepared by Robert J. DuComb, Sr., Attorney at rmv, 511 W. Colfax Avenue, South Bend, Indiana 46601. � eee�> `w> \ � « % \ a 2 � ® ; ° �2 ©c:wy / \» /< Cl it IXV ju DI 71SKDW clvll. TRAFFIC 0 WATER -7rom toe d".3� 0/ Oct 19, 1978 Pat DeC: . . I David A. WORK. The matter of the unpaid taxes hax on the Miami Hills Retention Basin prop- erty has been turned over to Mr. Vance. He has agreed to proceed with the necessary appropriation process to ge# the funds to pay the 1977 taxis. Thank ;you for your help. Dave Wells I 4