HomeMy WebLinkAbout#1096- Deed; Dedication - From Zickler to City of South Bend-all that part of tract not dedicated to the public as a part of 27th & 28th St. is dedicated.7705361L
DEED OF DEDICATION
THIS INDENTURE WITNESSETH that
WHEREAS, Canterbury Courts, Inc., a corporation or( ,
Marion County, Indiana (hereinafter sometimes called Grantor) is the I—
owner of the following described land and is willing to cede the same to
the Civil City of South Bend, Indiana, situated in St. Joseph County,
Indiana, a municipal corporation, (hereinafter called the City) for
purposes of installing operating and maintaining streets and street
appurtenances, subject to the ordinances, rules and regulations of sai
City and its departments concerning same. il
NOW THEREFORE said Grantor, for a good and valuable cons!
the receipt whereof is hereby acknowledged, does hereby grant and r
and dedicate to the City, and its successors, all of the following
described parcels of land located in South Bend, St. Joseph County,
Indiana:
PARCEL I: A part of the Northeast Quarter of the Southwest Quarter of
Section 8, Township 37 North, Range 3 East, St. Joseph County, Indiana,
lying North of the Right -of -Way of the Grand Trunk Western Railroad, now
within and a part of the City of South Bend, Indiana, more particularly
described as follows:
Commencing at the Northeast corner of said quarter -quarter section; thence
South 00 degrees 58 minutes 30 seconds East along the East line thereof
62.50 feet to the South line of Jefferson Boulevard; thence South 90 degrees
00 minutes 00 seconds West along said South line 767.07 feet to its
intersection with the East line of 27th Street; thence 'South 00 degrees
02 minutes 00 seconds East along said East line 210.00 feet, said point
being the true place of beginning; thence North 90 degrees 00 minutes
00 seconds East 47.00 feet; thence South 00 degrees 02 minutes 00 seconds
East 94.00 feet; thence South 90 degrees 00 minutes 00 seconds West 144.00
feet; thence North 00 degrees 02 minutes 00 seconds West, 94.00 feet;
thence North 90 degrees 00 minutes 00 seconds East, 97 feet to the place
PARCEL II: A part of the Northeast Quarter of the Southwest Quarter of
Section 8, Township 37 North, Range 3 East, St. Joseph County, Indiana,
lying North of the Right -of -Way of the Grand Trunk Western Railroad, now
within and a part of the City of South Bend, Indiana, more particularly
described as follows;
Commencing at the Northeast corner of said quarter -quarter section;
thence South 00 degrees 58 minutes 30 seconds East along the East line
thereof 62.50 feet to the South line of Jefferson Boulevard; thence
South 90 degrees 00 minutes 00 seconds West along said South line
421.07 feet to its intersection with the East line of 28th Street;
thence South 00 degrees 02 minutes 00 seconds East along said East
line 210.00 feet, said point being the true place of beginning; thence
North 90 degrees 00 minutes 00 seconds East 47.00 feet; thence South
00 degrees 02 minutes 00 seconds East 94.00 feet; thence South 90 degrees
00 minutes 00 seconds West 144.00 feet; thence North 00 degrees 02 minutes
00 seconds West 94.00 feet; thence North 90 degrees 00 minutes 00 seconds
East, 97 feet to the place of beginning. All that part of the above
described tract not heretofore dedicated to the public as a part of 28th
Street is hereby so dedicated.
Together with the appurtenances and existing street improvements
located thereon, and all the estates and rights of Grantor in and to same.
To have and hold the above granted premises unto said city and
its Successors as fully as if the same had been acquired for street purposes
by condemnation proceedings.
Said 27th Street and 28th Street were heretofore dedicated, as
set out in "Dedication of Canterbury Courts" dated August 4, 1950 in Plat
Book 18, page C in the Office of the Recorder of St. Joseph County, Indianat
Grantor hereby releases the City from all damages by reason
of the laying out, opening and improving of the land hereby granted and
dedicated, for street and street appurtenances purposes.
The undersigned persons executing this deed on -behalf of said
Grantor corporation represent under oath to the City that they are the
duly elected officers of the Grantor corporation and have been duly and
fully empowered by proper resolution of the Board of Directors of said
Grantor corporation to execute, acknowledge on its behalf, and to
deliver this deed of dedication; that said Grantor corporation has full
corporate capacity to convey and dedicate the real estate herein described
for street and street appurtenance purposes, and that all necessary
corporate action for the making of such conveyance and dedication has
been taken and done. Grantor certifies under oath that no Indiana gross income tax is,due
or payable in respect to the transfer made by this deed.
In Witness Whereof, the said Canterbury Courts, Inc., has
caused this deed of dedication to be executed this 11th day of August
, 1977.
ATTEST: CANTERBURY COURTS, INC.
B)
Signature
William J./Kuth Leo E. Zickler
Printed ,ice Printed
u
Office rrice
a:o rn
'14 Cl: C')
State of Indiana
SS; C-5
C)
County of Marion =
Before me, a Notary Public in and for said County and State,
personally appeared William J.
'ut'
--and Leo E. Zickler
the AssisfE�n—E!E3—ecr(ETt—ary and President
respectively of Canterbury Courts, Inc., a corporation
organized-En—dexisting under the laws of the State of Indiana
and acknowledged the execution of the foregoing Deed of Dedication for
and mo-behalf of said corporation, and who, having been duly sworn, stated
that the representations therein contained are true.
WITNESS my hand and Notarial Seal this 11th day Of August
BOOK , OE' .
Ag9g3\ % E0AGEg\j
RE0!"D(R
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FILED FOR REGURD
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CITY of SOUTH
BEND
PETER I NEMETH,
Mayor
CDUNTY-CITY BUIL-DING SDUTH BEND,
IN DIANA AFi6U1
IBLIC WORKS
2191284-9412
,Ihor,, P,G , President
,er,Jr,
": August 22,
1977
Mr. Chad Smith
Smith-Zeisz Realty Company
1402 Mishawaka Avenue
South Bend, Indiana 46615
Dear Mr. Smith:
At a regular meeting of the Board of Public Works
held on August 22, 1977, the Board accepted the Deed
of Dedication for cul-de-sacs on 27th and 28th Streets,
south of Jefferson Boulevard in Canterbury Courts, Inc.
The deed will now be recorded and you will receive
a recorded copy for your records.
Very truly yours,
BOARD OF PUBLIC WORKS
)c Patricia DeClercq, Clerk
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LARRY,,s'tClSx��"-,�:Pa�:
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SUBJECT,. uanceroury vvu,1,
DATE: August 10, 1977
Ihave inspected��"h����� cul-de-sacs as �ryour �qmst
and have found the following to be true.
27th Street
\, Clean plugged catch basin at northeast corner.
2. Clean manhole in center of street and pour invert along with
placing mortar around pipe.
28th Street
l- Repair broken catch basin at northeast corner.
2. Clean and repair manhole in center of street the same as
above.
jointsBoth cul-de-sacs are concrete and the have an abundance of weeds
growing from them. These sections under discussion now more so than
if at all possible, it would be nice to have
the straight sections.
aled. But it may be difficult in
all cracks and joints cleaned and se
that the City hasn't maintained their sections.
`,,'Bureau of Public Construction
August l6, 7y77
Board of Public Works
South Bend, Indiana
Gentlemen:
Attached is a deed for portions of cul-de-sacs which were not dedicated years
ago with the adjacent streets. This defect appeared when title insurance was
attempted to be purchased.
The areas in question have been inspected by the Bureau of Construction and
found to he essentially in the same condition as the rest of the streets now
under City maintenance.
Further, no money is involved in this transaction.
�- Based on all of the above, it is our recommendation that this Deed of Dedication
be accepted by the City.
Very/tDuly yours,
David A. Wells, P.E.
Manager
cc: Mr. Chad Smith
John E. Leszuzynski
Attachment
F_0
>7th and LULU
ur�,�q.la
ou check these "hammerhead'{
cul-de-sacs and advise if you
they
ny objection to accepcing
have a
proposed dedication?
week so that the
Please check this action on
Board might take some
*.a, 14ondaY.
Dave
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CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY CITY 6MLDING SOUTH BEND, INOIANA 46601
3KS
Pros iden t
October 11, 1977
Chad Smith
Smith Zeisz Realty Company
1402 Mishawaka Avenue
South Bend, Indiana 46615
Dear Mr, Smith.
The Deed of Dedication accepted by the City of
South Bend and recorded cn August 25, 1977 is for
cul-de-sacs on 27th and 28th Streets, south of
Jefferson Boulevard, in Canterbury Courts, Inc.
This information is sent to correct names of streets
listed in the letter sent you on August 31, 1977.
Very truly yours,
BOARD OF PUBLIC WORKS
Patricia DeClercq, Clerk
219/284.9412
BOARD OF PUBLIC WORKS
Patrick M. McMahon, R�E., President
Thomas J. Brunner, Jr,
0
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BFND, INDIANA 46601
August 31, 1977
Mr. Chad Smith
Smith Zeisz Realty Company
1402 Mishawaka Avenue
South Bend, Indiana 46615
Dear Mr. Smith:
Enclosed you will find one recorded copy of the
Deed of Dedication accepted by the City for cul-de-sacs
on 27th and 28th streets, south of Jefferson Boulevard
in Canterbury Courts, Inc.
Enclosure
Very truly yours,
BOARD OF PUBLIC WORKS
Patricia DeClerc , Cl�rl
2191284-9412