HomeMy WebLinkAbout#1201 - Deed;Warranty Deed -From Clay Dev. Corp. to City of South Bend-CARRIAGE HILLS RETENTION BASINWARRANTY DEED from Clay Development
Corporation to City of South Bend,
CARRIAGE HILLS RETENTION BASIN.
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY FORM B-1970
25142 (Amended 10-17-70)
15 021 04 O9821G
CHICAGO TITLE INSURANCE COMPANY
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 title;
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.
CHICAGO TITLE INSURANCE COMPANY
By -
Issued by:
THE ABSTRACT &TITLE
CORPORATION
226 West Jefferson Boulevard �tySURq President.
South Bend, Indiana 46601
(219) 233-8258 ~� `
C�RPORATEF'.a) ATTEST:
a: ar
y-.•107i1-31d'�li.�l •ram ,� '�- � � ' `�-�QQ_
l I
Secretary.
IMPORTANT
This 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.
Copyright 1969 American Land Tide Association
FORM 3i59
25142 SCHEDULE A
Number Date of Policy
15 021 04 09826 January 19, 1978
1. Name of Insured:
CIVIL CITY OF SOUTH BEND, INDIANA
Amount of Insurance
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee simple
$33,900.00
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land herein described is encumbered by the following mortgage or trust deed, and assignments:
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:
Outlot ''A" as shown on the Plat of Carriage Hills, First Section, recorded
in Plat Book 23, page "C" in the office of the Recorder of St. Joseph
County, Indiana. (RETENTION BASIN)
A tract of land in the Northwest Quarter of Section 20, Township 38 North,
Range 3 East, Clay Township, St. Joseph County, Indiana, more particularly
described as follows: Beginning at a point 1722.13 feet South and 700.08
feet East of the Northwest corner of the Northwest Quarter of said Section
20; thence North 00000100" East, 398.65 feet; thence North 90000100" East,
170.00 feet; thence South 79050120" East, 61.71 feet; thence South 63000'00"
Last, 192.40 feet; thence South 16059'31" West, 172.63 feet; thence South
27000100" blest, 120.00 feet; thence South 5902351" I -lest, 109.56 feet; thence
..orth 73035120" West, 96.80 feet; thence South 90000100" West, 110.00 feet
to the point of beginning, as shown and designated on the Plat of Carriage
Hills, First Section, recorded in Plat Book 23, page "C", in the office of
the Recorder of St. Joseph County, Indiana, as 'park Area and Well Site".
(SMELL SITE)
This policy valid only if Schedule B is attached.
FORM 3624
Policy Number
15 021 04 09826
Owners
SCHEDULE B
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 riot 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 1977 due in May and November, 1978 and all
subsequent taxes.
2. Assessment for maintenance of Kiefer Ditch, entered January 28,
1974 on Well Site Park Area 3.132 Ac. Sec. 20-38-3E. First four
installments due in November, 1974-1977 in the amount of $3.00
each are paid. Fifth installment due in November, 1978 in the
amount of $3.00.
Note: Subseauent assessment as required.
3. Restrictions contained in the warranty
deed from Carriage Hills,
Inc., an Indiana corporation, to Aqua,
Inc., an Indiana corpora-
tion, dated September 23, 1974 and recorded
September 26, 1974
Y
in Deed Record 792, page 247. (also shown
in warranty deed from
Aoua, Inc., an Indiana corporation, to
Clay Development Corp., an
"n
Indiana corporation, dated and recorded
February 20, 1975 in Deed
record 797, page 303) "This conveyance
is subject to the express
00"
condition that the real estate hereinabove
described shall be main-
n
tained as a Retention Basin as long as
such Detention Basin is re-
hence
quired by St. Joseph County, Indiana".
et
Note: Said restrictions do not provide
for reversion or forfeiture
ge
of title in event of a. breach thereof.
of
Counter igned
Au orized Signatory
President Schedule B of this Policy consists of 1 pages.
ATTACHED TO POLICY NO. 15 021 04 O g is z b
ISSUED BY The Abstract and Title
Corporation of South Bend
CHICAGO TITLE INSURANCE COMPANY
The Cornpany, recognizing the current effect of inflation on real property valuation and intending to provide
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, the amount of insurance provided by
said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the
manner 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.
An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the
maximum amount of insurance 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 arnount 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 the settlement of any claim against the 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 elements 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 terins
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 arnount thereof.
CMCAGO TITLE INSURANCE COMPANY
1 s U . P4y
7'ho Abstract and Title APORAiF Cor oration � �
p o;`CO'•;a
226 West Jefferson Boulevard ?�(
South Bend, Inpiana 4o001 a
ATTEST:
QJ Aupthorized Signatory
Note: This en�/aispAJd#p1t trot be valid or
binding until countersigned by an authorized
signatory.
President.
Secretary.
NOTE: In connection with a future application for title insurance covering said land, reissue credit on
premium charges (if applicable at all) will he allowed only upon the original face amount of insurance as
stated in Schedule A of said Policy.
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(panupoD) SNouvindllS (INV SNOUIGNOJ
of St. Joseph
County in the State of Indiana
cut — "". ". 10611.11 "'4) v Irrrn w.lw '1 M w, �w rloa
LW AUDITOR'S RECORD
Transfer No.
Taxing Unitf,
Date -- �— 7,P
oration,
Convey and warrant to CIVIL CITY OF SOUTH BEND, INDIANA
of County in the State of
for and in consideration of Ten Dollars ($10. 00) and other valuable consideration,
the receipt whereof is hereby acknowledged, the following Real Estate in St. Joseph County
in the State of Indiana, to wit:
Outlot "A" as shown on the Plat of Carriage Hills, First
Section, recorded in Plat Book 23, page "C" in the office
of the Recorder of St. Joseph County, Indiana.
This conveyance is subject to the express condition that
the real estate hereinabove described shall be maintained
as a Retention Basin as long as such Retention Basin is
required by St. Joseph County, Indiana.
Also a tract of land in the Northwest Quarter of Section
20, Township 38 North, Range 3 East, Clay Township, St.
Joseph County, Indiana, more particularly described as
follows: Beginning at a point 1,722.13 feet South and
700.08 feet East of the Northwest corner of the Northwest
Quarter of said Section 20; thence North 00°00'00" East,
398.65 feet; thence North 90000'00" East, 170.00 feet;
thence South 79050120" East, 61.71 feet; thence South
63000'00" East, 192.40 feet; thence South 16059'31" West,
172.63 feet; thence South 27'00'00" West, 120.00 feet;
thence South 59°23'51" West, 109.56 feet; thence North
73035'20" West, 96.89 feet; thence South 90°00'00" West,
110.00 feet to the Point of Beginning, as shown and
designated on the Plat of Carriage Hills, First Section,
recorded in Plat Book 23, page "C" in the Office of the
Recorder of St. Joseph County, Indiana, as "Park Area
and Well Site".
Both of the foregoing parcels are subject to the 1978 real
estate taxes due and payable in 1979, and subject also to
all covenants and restrictions of record.
I'lo Indiana Gross Income Tax due.
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MAIL TO:
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This indenture witnesseth that ; "0'
AUDITOR'S RECORD
Transfer No. 11
Taxing Un it t-
Date / f` 7 U
CLAY DEVELOPMENT CORP., an Indiana Corporation,
of St. Joseph
County in the State of Indiana
Convey and warrant to CIVIL CITY OF SOUTH BEND, INDIANA
of County in the State of
for and inconsideration of Ten Dollars ($10. 00) and other valuable consideration,
the receipt whereof is hereby acknowledged, the following Real Estate in St. Joseph County
in the Stale of Indiana, to wit:
Outlot "A" as shown on the Plat of Carriage Hills, First
Section, recorded in Plat Book 23, page "C" in the office
of the Recorder of St. Joseph County, Indiana.
This conveyance is subject to the express condition that
the•real estate hereinabove described shall be maintained
as a Retention Basin as long as such Retention Basin is
required by St. Joseph County, Indiana.
Also -a tract of land in the Northwest Quarter of Section
20, Township 38 North, Range 3 East, Clay Township, St.
Joseph County, Indiana, more particularly described as
follows: Beginning at a point 1,722.13 feet South and
700.08 feet East of the Northwest corner of the Northwest
Quarter of said Section 20; thence North 00°00'00" East,
398.65 feet; thence North 90°00'00" East, 170.00 feet;
thence South 79°50120" East, 61.71 feet; thence South
63000100" East, 192.40 feet; thence South 16059'31" West,
172.63 feet; thence South 27000'00" West, 120.00 feet;
thence South 59023151" West, 109.56 feet; thence North
73035'20" West, 96,89 feet; thence South 90°00'00" West,
110.00 feet to the Point of Beginning, as shown and
designated on the Plat of Carriage Hills, First Section,
recorded in Plat Book 23, page "C" in the Office of the
Recorder of St. Joseph County, Indiana, as "Park Area
and Well Site".
Both of the foregoing parcels are subject to the 1978 real
estate taxes due and payable in 1979, and subject also to
all covenants and restrictions of record.
flo Indiana Gross Income Tax due.
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Signed and dated this
28th day of 19 77
m r
State of Indiana, St. Joseph County, ss:
Before me, the undersigned, a Notary Public in and for said County
and State, personally appeared;
Homer W. Fitterling, President and
Maxine O. Fitterling,Secretary of
CLAY DEVELOPMENT CORP., an Indiana
Corporation,
and ackrtorvledged the execution of the foregoing deed.
In witness whereof, I have hereunto subscribed my name and affixed
28t1Wa o December , rs 77.
my official seal, this / y f
Notary .Public
Carol S. Hudak
November 23, 1981
My commission expires
,5ra!
Indiana Corpora -lion
8Y
Homer W. Fitterling, Preside t
Seal
ATiTEST
Seal
Maxine O. Fitterling, SeC etary
Seal
Robert L. Miller
This instrument was prepared by Member St. Joseph Coanty Indiana Bar Association
Seal
1
AUGUSTTH. Cs?�rI;aEMAU
RECORDER
TO
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C,
Jim 10 9 E6 AM , �6
ST. JO n 3.
1 M,
FILED
1
CCt1A
'C 1 a..�•�; � 1n �' u cS
ram, s� V.5
CONSTRUCTION AND RIGHT -OF --WAY EASEMENT
FOR WATER LINES AND APPURTENANCES
For and in consideration of One ($1.00) Dollar and other
valuable consideration, receipt of which is hereby acknowledged,
Clay Utilities, Inc., an, Indiana corporation, (hereinafter referred
to as "Grantor") does hereby grant and convey unto CIVIL CITY OF SOUTH
BEND, INDIANA (hereinafter referred to as "Grantee"), a nonexclusive
easement for the purpose of constructing, maintaining, inspecting,
operating, protecting, repairing, replacing or removing a water line
or main, together with a booster pump and appurtenances pertaining
thereto, over, across and through the following described real
property located in St. Joseph County, Indiana, more particularly
described as follows:
Beginning at a point on the south property line
L_
m
of Clay High School (north ROW line of Darden
Road) 40 feet east of the centerline of FranciE�n
Street, thence north 10.0 feet to a point, thence east
16.0 feet to a point, thence south 10 . 0 feet to�_ -7'
p
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a point on the south property line of Clay High%iy--„r,�
L -
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School (north ROTS line of Darden Road) 56 feet =-'-.+': -.-
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a)
east of the centerline of Francis Street, thene `
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west 16.0 feet to the point of Beginning.
=�
Subject to all of the conditions and requirements contained
in that certain CONSTRUCTION AND RIGHT-OF-WAY EASEMENT FOR WATER LINES
AND APPURTENANCES between South Bend Community School Corporation as
"Grantor" and the "Grantor" herein who was the "Grantee" therein, dated
December 15, 1975, and recorded December 16, 1975, as instrument
202041 in Book 810 pages 139-142 inclusive of the record of the Recorder
of St. Joseph County, Indiana, which conditions and requirements
"Grantee" herein assumes and agrees to perform.
IN WITNESS WHEREOF, the "Grantor" herein has executed this
St. Joseph County, Indiana.
Dated this 28th day of December, 1977. CLAY UTILITIES, INC.
r� (J,
By.'Homer W. Fitt ling, Pres: nt
Attest: PZaxine O. Fit terling,Secretary
Construction and Right-of-way Easement this 29th day of December,
1977.
CLAY UTILITIES, INC.
BY.�.-
Homer W. Fitterling, Pres.-137ent
ATITEST:
'Maxine O. Fitterling, Secretary
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY }
Before me, a Notary Public in and for said County and State,
personally appeared Homer W. Fitterling and Maxine O. Fitterling, known
to me to be the President and Secretary, respectively, of Clay Utilities,
Inc., and acknowledged the execution of the above Construction and
Right -of -Way Easement for and on behalf of said corporation and that
they are authorized by it so to do.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal this 29th day of December, 1977.
My corcm►i ,lion expires Carol S . Hudak, Notary Public
November 23, 1981.
This instrument was prepared by Robert L. Miller, Attorney at Law.
St. Joseph County, Indiana_
Dated this 28th day of December, 1977. CLAY UTILITIES, INC.
By. Homer W. Fitt li�(n/gC,�Pres' nt
�j(c-
Attest: Maxine O. Fitterling, Secretary
BOOK - NAGR
AUG UFT'l. "OWEV IN
KE;J�O'RDE-R
JAN 10 %Cj LG A11,7B
S T. i C-�
FILED rOR RECuRQ
uj,
By omer W. Fitt ling,, Pres(jent
Attest: Maxine O. Fitterling,Secretary
BILL OF SALE
In consideration of Ten Dollars, and other good and valuable
consideration, the receipt whereof is hereby acknowledged,
the undersigned Clay Utilities, Inc., an Indiana Utility, does
hereby bargain, sell, transfer, quit --claim and convey to:
CIVIL CITY OF SOUTH BEND, INDIANA
all of its right, title and interest in and to the following
described water utility assets consisting of water mains, pumping
equipment, springs, motors, electrical controls, gauges, meters,
valves and all apurtenances in relation thereto:
1. The "interconnect", the basic function of which was
to connect the Carriage Hills -Aqua Wells water system
with the portion of sellers utility system located to
the West of Ironwood Road and the South side of Crown -
hill Drive, all in Clay Township, St. Joseph County,
Indiana as more particularly shown on the drawings of
the Department of Public Works of the City of South
Bend, Indiana, dated November 22, 1974, marked Exhibit
"A", attached hereto and made a part hereof.
2. The "booster station" located at the Northerly right
of way on Darden Road in front of the Clay High School,
in Clay Township, St. Joseph County, Indiana.
3. All of the water production facilities in use and useful
in the rendition of water utility service located in Clay
Township, St. Joseph County, Indiana, and designated as
"Park Area" and "Well Site" as shown and designated on
the plat of Carriage Hills, First Section, recorded in
Plat Book 23, page "C" in the Office of the Recorder of
St. Joseph County, Indiana_
Dated this 28th day of December,
1977. CLAY UTILITIES, INC.
By.'Homer W. Fitt ling, President
}, C
Attest: Maxine O. Fitterling, Secretary
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NO. BY I DATE
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1 = 50,
DEPARTMENT F PUBLIC WORKS
CITY OF SOU'fH BEND, INDIANA
DIVISION ❑ FILE ❑ DRWR.
CIVIL. Xekf UGC (� Vf� TEie
TRAFFIC MAJA/-5 A7-
WATER SHEET NO.
WASTE WATER C'A'�� `�M /`{%L S
' OF