HomeMy WebLinkAbout#1155- Deed; Warranty - Kuehl, etc. to City of South Bend-Tract I, part of the SW quarter of the NW quarter of Sec. 20, Tenp. 37 N., Range 3 E.WARRANTY DEED from 11.0bert 0. Kuehl,
J. Oliver Cunningham, Anne C. Downey
and Jane C. Warriner to City of South
Bend, TRACT T : A part of the S.W. �,
of the N.W. 4 of Section 20, Township
37 North, Range 3 East, more particularly
described as follows:
(SEE DEED)
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Copyright 1987
THE SIDWELL COMPANY
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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.
F
David Wells
City Engineer's Office
L_
COMMITMENT No.
32 843
Proposed Insured - LOAN:
I
SCHEDULE A
EFFECTIVE DATE:
September 14, 1978,
at eight o'clock A.M.
Proposed Insured -OWNERS:
Policy or Policies to be issued:
ALTA Owners Policy- ALTA Loan Policy
FORM B — 1970 1970-
(Amended 10-17-70) (Amended 10.17.70)
$119,130. 00
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 Civil City of South Bend
The land referred to in this Commitment is described as follows:Situate in St. Joseph County,
In the State of Indiana:
Tract I: A part of the Southwest Quarter (14) of the Northwest Quarter (4)
of Section Twenty (20), Township Thirty --seven (37) North, Range Three (3)
East, more particularly described as follows:
Beginning at the Southwest corner of said quarter quarter section; thence
East along the South line of said quarter quarter section 580 feet; thence
North 830 feet; thence blest 580 feet to the West line of said quarter
quarter section; thence South along said West line to the place of beginning.
Tract II: A part of the Southwest Quarter (4) of the Northwest Quarter (4)
of Section Twenty (20), Township Thirty-seven (37) North, Range Three
(3) East, more particularly described as follows:
Beginning at a point 830 feet North of the Southwest corner of said
- continued -
AMERICAN LAND TITLE ASSOCIATION COMMITMENT
FORM NO. 2288
SCfIEDULE A — (Gontin«edJ
Commitment No. 32 8 4 3
quarter quarter section• thence East 35 feet; thence North 497 feet, more
or less, to the North line of said quarter quarter section; thence West 35
feet to the Northwest corner of said quarter quarter section; thence South
along the West line of said quarter quarter section 497 feet to the place
of beginning.
Subject to legal highways.
S C H E D U L G v
Commitment No. 32843
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, de-
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 valve of record the estate 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 materialmen 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 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 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. Taxes for the year 1977 due in 1978 assessed on SW NW 40 Acres Sec.
20-37-3E, in the amount of $207.60 are paid.
Tax Unit 26 Key 1001 0003 Land Val. $1910.00 Net Value $1910.00.
Taxes for the year 1978 due in May and November, 1979.
2. Rights of way for drainage ditches, feeders and laterals, if any.
FORM NO. 2289
CONDITIONS AND STIPULATIONS
The term "mortgage," when used herein, shall include deed of trust, trus; deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim
or other matter affecting the estate or interests or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,
the Company shall be relieved from liability for any loss or damage resulting from any act of reliance
hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed
Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowl-
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 shall 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 for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements here-
of, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire 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 subject 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 made a part of this
Commitment 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 must be based on and are subject to the provisions of this Commitment.
Th;s Commitment 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.
This 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 that 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) 233-8258
fv�sa J
Authorized Signatory
President
CHICAGO TITLE INSURANCE COMPANY
ay.
President.
ATTEST:
INSURgyIc
r ea+� /
�pRP0RA7E',o Secretary
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PRESCRI�',EO DY THE STATE BOARD GF -CAX CJMMISS.ICJNE+,S F=C:R ST. JOSEPH (.CUNlY
TAXPAYERS ARE Nt?T REQUIRED TC APPEAR UNLESS 0SJECT.I�,;: AND REOUE::;TING AN .APPEAL
NO! ICE OF ASSESSMENT
Tr. LAND AND *I,%'_-P8CVEMENTS
YOU ARE HEREBY NOTIFIED THAT THE LAND
AND *IMPROVEMENTS LISTED IN
YOUR. NAME IN
•
SOUTH }BEND PENN TOI-IitlSHIP/CunPO'RA-FlsGiv
AND ST. JCSEPF'. COUNTY,
hAS 6LEiv ASSE-SarU
BY AE IN THE AMOUNT IN THE STATLMIENT 3ELG'i,
FOR THE YEAR IG79. IF
YCU 00 N-3T AGREE
WITH THE ACTION OF THE ASSESSING OFFICER
GIVING THIS NCTICE, THE
CCUNTY BOARD OF
.
REVIEW VILL REVIE,J THAT .ACTION IF YDU
rILE A PETITION 1'iITH THE ST.
JOSE?F! COUNTY
AUDITOR WlTiIIid THIRTY (30) DAYS CF THE
DATE - F THiS NbTICE.
�
a
PROPERTY OWNER
LEGAL DESCRIPT ICK
CIVIL CITY OF SOUTH BEND
520' E & W X 330' .N & S
BEG AT SLj CGR SW NW
•
147"II FL COU11TY C i-fY 13LDG
SEC 20 37 SE
SJUTH FIEND IN 46601
•
F'.Ei,!ARKS= 000000 NEL% PARCEL
i:EY NIL"•;BE;t
LAND/LOT *IMP
70TAL
26 111')1 0003D1 NE►IA
1,220
1,22G
•
C L D
CHANGE
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11220
• UNDER TNDIANA LAr1 ASSESSORS ARE REQUIRED TO SEND
A i`OTICE TO THE TAXPAYER WHENEVER A CHANGE IS
lAJr IN ASSESSMENTS, INCLUDING ACDITIONAL *IMPROVE-
MENTS (BUILDINGS OR LCiISTRUCTICNS).
IAPRnvEMENTS DESCR I3E ALL BUILDINGS, STRUCTUkES OR APPURTENANCES AFFIXED TC LAND.
WITNESS JY HAND THI S_9�5L DAY .-''L)- _ , 1 2 �
CNN TOWNSHIP ASSESSOR
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BOOK-- PACE —
AUGUST 11. 000%"`ll"!
�r(',ti�inrK
Auc6 2 i5IT. '18
ST. JJ, :,1F a.
i1tiJi i:
FILED FCIR RECORD
V- 4
t� V;
rP. � MAIL DEED TO:
I �.
-$;f- //ss
MAIL TAX BIT_L$ TO:
781.8453
COIy IGMT
9T. I..." COVXTY, INOIAXA
— A11OCIAT.
P et'.HTY FORM $01 — 1974
AUDITOR'S RECORD
Transfer No.
Taxing Unit �Q—��✓t�%
Date
'�ROBERT 0. KUEHL, J. OLIVER CUNNINGHAM, ANNE C. DOWNEY, and JANE C. WARRINER, Successor
Trustees, under a Trust Indenture dated the 30th day of December, 1919,
;,- the Grantor
f"
Convey and Warrant to THE CIVIL CITY OF SOUTH BEND
the Grantee
for and inconsideration of $10.00 and other good and valuable considerations
the receipt of which is hereby acknowledged, Real Estate in St. Joseph
in the State of Indiana , described as follows:
County,
TRACT I: A part of the Southwest Quarter (a) of the Northwest Quarter ('4) of Section
Twenty (20), Township Thirty-seven (37) North, Range Three (3) East, more
particularly described as follows:
Beginning at the Southwest corner of said quarter quarter section; thence East along
the South line of said quarter quarter section 580 feet; thence North 830 feet; thence
West 580 feet to the West line of said quarter quarter section; thence South along
said West line to the place of beginning.
TRACT II: A part of the Southwest Quarter (�) of the Northwest Quarter (�) of Section
Twenty (20), Township Thirty-seven (37) North, Range Three (3) East, more
particularly described as follows:
Beginning at a point 830 feet North of the Southwest corner of said quarter quarter
section; thence East 35 feet; thence North 497 feet, more or less, to the North line
of said quarter quarter section; thence West 35 feet to the Northwest corner of said
quarter quarter section; thence South along the West line of said quarter quarter
section 497 feet to the place of beginning. Grantors herein reserve right of access
to Ironwood Road.
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Subject to legal highways. M ---Ito
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Subject to taxes for the year 1979 and thereafter.
7.
ITI Y �- lJ7 -T Ci ;7
Signed and dated on August r l' 8_ �
State of Tndiana r St _ Jn,-Pnh County, ss:
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared:
ROBERT o. KUEHL, J. OLIVFR CUNNINGHAM,
ANNE C. DOWNEY and JANE C. WARRINER,
Successor Trustees, under a Trust
Indenture dated the 30th day of December,
1919,
and acknowledged the executionof the foregoing deed on
August 14, , Is 78 .
Notary Public
Signature
ROSELLA A. CRESSY
Typed or printed name
My commission expires March 13, 1980
`"" ` ROBERT 0. KUEHL
Successor Trustee
Typed or printed name
I J /
Signature9. OLIVER CUNNING
SuccPSSOY Trustee
Typed or printed name
Sign alure ANNE C. DOWNEY
Successor Trustee
Typed or printed name
Signature JANE C. WARRINER
Successor Trustee
Typed or printed name
Prepared by RUSSELL C. KUEHL, 419 W. Jefferson Blvd., P.O. Box 928, 5_Q=tL. Bend IN 46624,
Attorney at Law
June 1, 1993
Nvis. Sandra Parmerlee
Clerk, Board of Public Works
1308 County City Building
South Bend, IN 46601
Re: Vacant Property
Dear Ms. Parmerlee,
Recently I have been looking at a piece of property directly north of the Hilltop Church located on
Ironwood Road just north of the Topsfield subdivision. Further research indicated this land is
owned by the city of South Bend.
I am interested in purchasing this piece of land. Can you inform me if it is for sale? If not for
sale, are you aware of the intentions of the city, or if it might be for sale in the future? The key
number on this land is 26 1001 0003.01 and it is approximately 11-12 acres.
I was given your name by Shane Sult and then Mary Mueller. If this memo should go to someone
else. I apologize for the inconvenience. I would appreciate it if you could redirect this letter back
to them in case I am mistaken. Thank you.
Sincerely,
Thomas McGovern
1138 Belmont Avenue
South Bend, IN 46615
234-2354 (home)
287-2905 (work)
Ax A MUOS-01-1.! REAL PROPERTY - LEGAL DEMAXPTAUNI 6/30/190-5'
I inquiry Dnly OEM> Men done viewing
26 1001 000301 TAX 1993 PAY 1994
CIVIL CITY OF MUM DEND
14TH FL GDUNT� CITY MOG
SOUTH DYNO, IN 46601,
LESAL DESC 1; 580' E & W
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