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HomeMy WebLinkAbout#1111 - Deed; Corporate Quitclaim -From Bendix Corp. to City of South Bend- tract of land in Kaley's 1st Sub, beginning at point 105' N. of the intersection of ...BOARD OF PUBLIC WORKS Patrick M. McMahon, P.E., President Thomas J. Brunner, Jr. Peter H, Mullen Mr. Robert H. Michaud The Bendix Corporation 401 Bendix Drive south Bend, Indiana 46634 Dear Mr. Michaud: November 29, 1977 The Board of Public Works has accepted the deed for right-of-way in connection with a recent street and alley vacation. The deed has now been recorded and one copy is enclosed for your records. very truly yours, BOARD OF PUBLIC WORKS Patricia DeClercq, Clerk ^ _ - CORPORATE QUITCLAIM DEED THIS INDENTURE WITNESSETH that THE BENDIX CORPORATION, a corporation organized and existing under and by virtue of the laws of the State of Dela- J, ware, with offices in the City of South Bend, State of Indiana, quitclaims to the City of South Bend, County of St. Joseph, State of Indiana, for and in Kenwood Avenue consideration of the vacation of the east -west alley between and Linden Avenue running east from the east right of way (vacated) to the west right of way line of the north -south alley between Meade Street and Kaley Street (vacated), the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County in the State of Indiana, to wit: A tract of land located in Kaley's ist Subdivision, hundred and five (105) feet beginning at a point one north of the intersection of the north right of way of Linden Avenue and the west right of way of the Meade Street an north -south alley between Street (vacated) running south from Kenwoo d Avenue; five (5) feet; thence to t he west a distance of feet; thence to the south a distance of forty-two (42) feet; thence to the east a distance o f five (5) feet to the place of beginnin 9, containing an area of two hundred ten (210) square feet, more or subject to the condition that said parcel of land will be used by the C1 of South Bend for the purpose of maintaining a turning radius from the east west alley between Kenwood Avenue and Linden Avenue to the north -south alley run- from Kenwood Avenue to Linden Avenue, and subject further to the ning south condition that in the event said parcel of land ceases to be used as said turning radius, - then and in that event, the parcel of land hereinahoYe described shall immediately revert to THE BENDIX CORPORATION, its successors or assiyns, as if this conveyance had not been made. said grantor cv.*"'~-i— represent d have �aiucnrporatimn an ',' Quitclaim Deed; that the grantor corporation has full corporate capacity to convey the real estate described herein and that all necessary corporate aCti0 for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, THE BENDIX CORPORATION has caused this Quitc7a!m Deed to be executed in its name by T. J. Busch, its Vice President and Group ~Executive, attested by J. F. Van de Veire, its Assistant Secretary, and its Corporate Seal to be affixed hereto this 7th day of November, 1977. Grantor certifies there is no Indiana Gross � � Z000�e �a� due. THE RENDIX CORPORATION � < Attest: F. Van de veire Assistant Secretary BY: J T. J; Umscn STATE OF INDIANA COUNTY OF ST. JOSEPH On this TLh_ day of November, 1977, before me appeared T. j. Busch and J - F - Van de Veire , personally known to me, who being by me duly sworn, did The Bendix Corporation Office of the General Counsel 401 Bendix Drive P 0 Box 4001 South Bend, Indiana 46634 Mr. R. S. Andrysiak, P.E. Office Engineer City of South Bend County -City Building South Bend, Indiana 46601 November 8, 1977 Dear Mr. Andrysiak: Tel (219) 237-2100 In accordance with our telephone discussion, enclosed is a Petition to the Board of Public Works of the City of South Bend relative to the dedication of a small parcel of land which is to be used for a turning radius. If you will recall, this dedication is in conjunction with the City's vacation of the east -west alley between Kenwood and Linden Avenues. After the Petition has been filed and acted upon, I would appreciate a confirmatory acceptance of the dedication. Also enclosed is a Corporate Quitclaim Deed concerning this parcel of land. As you will note, both the Petition and the Corporate Quitclaim Deed have been executed by Mr. T. J. Busch, Vice President & Group Executive of The Bendix Corporation. We are also enclosing for infor- mation purposes, a drawing depicting the property involved. Very truly yours, ,..,Robert H. Michau'd Midwestern Regional Counsel RHK: cj Enclosures An Equal Opportunity Employer M/F TI0N SOUTH BEND, INDIANA NOVEMBER 7, 1977 TO THE HONORABLE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA GENTLEMEN: THE BENDIX CORPORATION, THE UNDERSIGNED PROPERTY OWNER, IN ACCORDANCE WITH YOUR APPROVAL OF VACATION RESOLUTION NO. 3442, PETITIONS YOUR HONORABLE BOARD TO ACCEPT THE DEDICATION OF: A TRACT OF LAND LOCATED IN KALEY'S 1ST SUBDIVISION, BEGINNING AT A POINT ONE HUNDRED AND FIVE (105) FEET NORTH OF THE INTERSECTION OF THE NORTH RIGHT OF WAY OF LINDEN AVENUE AND THE WEST RIGHT OF WAY OF THE NORTH -SOUTH ALLEY BETWEEN MEADE STREET AND KALEY STREET (VACATED) RUNNING SOUTH FROM KENWOOD AVENUE: THENCE TO THE NORTH A DISTANCE OF FORTY-TWO (42) FEET; THENCE TO THE WEST A DISTANCE OF FIVE (5) FEET; THENCE TO THE SOUTH A DISTANCE OF FORTY-TWO (42) FEET; THENCE TO THE EAST A DISTANCE OF FIVE (5) FEET TO THE PLACE OF BE- GINNING, CONTAINING AN AREA OF TWO HUNDRED TEN (210) SQUARE FEET, MORE OR LESS. YOURS RESPECTFULLY, THE BENDIX CORPORATI By: FILED IN THE OFFICE OF THE BOARD THIS DAY OF , 1977• VicePresident-Group Executive V t7 rn z r � � rye, Y l� t�9 M EADE a Iu yI u IlvI 4vI Elul uu Iul1 I C p f Gjr-I11, aIIU %.C;V .I I Lim zney are duly e"Iected officers of said corporation and have been fully empowered, by proper resolu- tion of the Board of Directors of said corporation to execute and deliver this «4 a;. MORTGAGES C MECHANICS LIENS HIP TC3, ❑ou cv tr slag , ate" U.C.C. FILING _ aaa u m _ RELEASES 1 x omple � ;-C7_ PLATS Nance r�s Kr�aada� MARGINAL RELEASES d n j, MARGINAL /ASSIGNMENTS �t„rd sEwmr ° b o orn.d wnh wit o n.d ormv� a :, DEarv,�EBv DAZE' MISCELLANEOUS y . t d di d"ir�rv.<h m.r wnnov w q o i I GNy hb d �p m�Ikerion, P.17.1. ttry A?4rrls tl'. 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BALE $ W end�� $�y+ngryru �, @@# I �;�`.^ �1�_,�a„"r.,e'.fl ._„�e-door' y ..1? .,✓�,!",,/sds@„"�;✓'1,.�`- "��A,G°UJ...h-c! �, 4:."; 1���`,.C✓,r.�" ��' `4 `J �+ �. .. .Vnnd" Altf 88 ' " P'w+*.mars r4 .Tine p1V a > 'J'VI ry ao4, s u(chc',, ls1 S9 2E3ta 671155Ck, a.ctt c9 EFS3 d trpa rtzy �, rva✓ir Ekra 1rr lo'q + g O'C.'at r; irud 0,1 e ea, Thai Irvin tmdrolnvl 611!11V� r� i saTa grantor corporation represent and certify that they are duly elected officers of said corporation and have been fully empowered, by proper resolu- tion of the Board of Directors of said corporation to execute and deliver this w„o CORPORATE QUITCLAIM DEED THIS INDENTURE W%TNES3ETH 'that THE BENDlX CORPORATION, organized and existing under and by virtue Dela- / ware, with offices in the City of South Bend, State of Indiana, quitclaims to / the City of South Bend, County of St. Joseph, State of Indiana, for and in / consideration of the vacation of the east -west alley between Kenwood Avenue and Linden Avenue running east from the east right of way line of Kaley Street (vacated) to the west right of way line of the north -south alley between Meade! Street and Kaley Street (vacated), the receipt whereof is hereby acknowledged,, / the following described real estate in 3t. Joseph County in the State of | Indiana, to *it: � A tract of land located in Kaley's lst Subdivision, / beginning at a point one hundred and five (105) feet / north of the intersection of the north right of way ! of Linden Avenue and the west right of way of the / north -south alley between Meade Street and Kaley ! Street (vacated) running south from Kenwood Avenue; | thence to the north a distance of forty-two (42) � / feet; thence to the west a distance of five (6) | feet; thence to the south a distance of forty-two | (42) feet; thence to the east a distance of five (5) feet to the place of beginning' containing an area of two hundred ten (210) square feet, more or subject to the condition that said parcel of land will be used by the City of South Bend for the purpose of maintaining a turning radius from the east -west \ alley between Kenwood Avenue and Linden Avenue to the north -south alley run- ning south from Kenwood Avenue to Linden Avenue, and subject further to the condition that in the event said parcel of land ceases to be used as said turning radius, then and in that event, the parcel of land nere1%abuve des- assigns, as if this conveyance had not been made. Theundersigned persons executing this Quitclaim Deed on behalf of a1d grantor corporation represent and certify that they are duly elected officers of said corporation and have been fully empowered, by proper resolu- tion of the Board of o�r���nr= of ���i� corporation to execute and deliver th1s/ ' / U > � U .' Quitclaim Deed; that the grantor corporation has full corporate capacity to convey the real estate described herein and that all necessary corporate action for the making of such conveyance has been taken and done. J IN WITNESS WHEREOF, THE BENDIX CORPORATION has caused this Quitclaim Deed to be executed in its name by T. J. Busch, its Vice President and Group 0M, Executive, attested by J. F. Van de Veire, its Assistant Secretary, and its Corporate Seal to be affixed hereto this 7th day of November, 1977. THE BENDIX CORPORATION By: T. J. Busch Vice President & Group Executive sV Attest: F. Van de Veire Assistant Secretary STATE OF INDIANA ss: COUNTY OF ST. JOSEPH On this ..Zt_b_ day of November, 19,77, before me appeared T. J. Busch and J, F. Van de Veire, personally known to me, who being by me duly sworn, did say that they are respectively the Vice President -Group Executive and the Assistant Secretary of THE BENDIX CORPORATION, grantor named in the above con -I veyance, that the sea] affixed to said Corporate Quitclaim Deed is the Corpor- ate Seal of said Corporation, and that said Corporate Quitclaim Deed was signed, and sealed in behalf of said Corporation by authority of its Board of Directors, and did acknowledge said Corporate Quitclaim Deed to be the free act and deed of said Corporation. Notary Public My Commission Expires: X) 61 C, This instrument was prepared by Robert H. Michaud, Midwestern Regional Counsel;� The Bendix Corporation, 401 N. Bendix Drive, South Bend, Indiana. -2-