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HomeMy WebLinkAbout#1182- Deed; Quitclaim - From Chicago South Shore & South Bend Railroad & City of South Bend- Beginning at point on W line of LaPorte Ave. in city a distance of 50.5' NW along street from the most Northerly corner...QUIT -CLAIM ;DEED between Chicago South Shore and South Bend Railroad and City of South Bend, Beginning at a point on the west line of LaPorte Ave. in said City a distance of 502' N.W. along said street from the most northerly corner of Lot 62 in Rockafeller's Add.; thence S.E. along the west line of LaPorte Ave. a distance of 11Y to a point.39' distant from the most northerly corner of said Lot 62; thence S.W. parallel to and 39' distant from the N.W. line of said Lot 62 a distance of 162'; thence N.E. on a straight line 162.4' to the place of beginning. (SEE DEED) x I ,. • n'. W. AlofsEc. T37/?; ,C.ZE �02 LEGAL_ DESC�/PT/Q!Y SEE Sr-1��T �..3A. �Ecol�a of DE�as of 5T-Jos DEEP I3& PAGE 3o Z 136 8 3 33 _56 O 4 o�a�� Boox 47 .5ZO -535 -5 47 _5zo,4534- 6 /3.3 44167 4o Z /49 335 �- 403 /¢9 335 1-50 ZZ? .Sc� . : sEcy, : ;:e s 86 • E SE ct ed • O 40� Hok Spa Eed 40�0 /.50LZ3 408 J50 22z , 49CELS SOLD D44aZ S /5o 3�0 5 7 9 - (EMEMEut) 44- - �-,I 4-5 -So 01 / ! Z9.z' 31' z" 6'S" �O AC-P-Z �Q1 i x I"" - N r �3r3 DEc' sr v `"463 �{ r 40� COL I -A X ya •p��O -OF /J' nI EO �o . , aC) OC.K 09 N V � � � 9 50 51 bZ 19' Iz So.2 � 2 50.2 5OUTH BENT L_ L, IC2 5 Z �. A DD/ Ti !'/ TO 53 5 4 S5 S� SOUT Z l!_7ry D. ACE r CITY of SOUTH BEND PETER J. NEMETH, Mayor - COUNTY -CITY BUILDING SOUTH BEND, INDIANA 4G601 BOARD OF PU:- L ; WORKS Patrick M. McMahon, P.E., President December 29, 1978 Thongs J. Brrnnei, Jr. Peter H. MuGe . Mr. C , F . Mulrenan Chief Engineer Chicago South Shore and South Bend Railroad Tay 4 Structures Department Michigan City, Indiana 46360 Dear Mr. Mulrenan: 219/284-94T2 Re: South Bend - Bendix Drive Relocation Enclosed you will find one copy of the Quitclaim Deed from the Chicago South Shore and South Bend Railroad to the Civil City of South Bend in regard.to the above referenced project. The deed was recorded in the Office of the St. Joseph County Recorder on December 20,' 1978, Transaction Number 7827917, and has been assigned City Deed Number 1182. Very truly yours, BOARD OF PUBLIC WORKS, Patricia DeClercq, Clerk Enclosure 7827917 11 ��- QUITCLAIM DEED THIS DEED, made December 14, 1978 tween CHICAGO•SOUTH SHORE AND SOUTH BEND RAILROAD, of the State of Indiana, whose post.office address by and be-:'� r r a corporation is Michigan City, Indiana, 4636o, hereinafter called Grantor, and THE CIVIL CITY -OF SOUTH BEND, a municipal corporation of the State of Indiana, whose y{ post office address is 227 West Jefferson Boulevard, South Bend, Indiana 46601, hereinafter called Grantee, witnesseth: THAT, for and in consideration of payment of the sum of 013E DOLLAR ($1.00), the receipt whereof is hereby acknowledged, and for other valuable consideration as set forth in a Land Exchange Agreement between the parties hereto dated '22 L , 1978, Grantor does hereby remise, release and forever quitclaim unto Grantee, Grantee's successors and assigns, all of the right, title, interest, estate, claim and demand of the Grantor in and to that land situ- ated in the City of South Bend, County of St. Joseph, State of Indiana, in the NW 1/4 of Section 11, Township 37 North, Range 2E, more gartic- , ularly described as follows: � D-1 -. A tract bounded and described as follows: Beginning at, a point on the west line of LaPorte Avenue in said City s-di.stanc5e of Fifty and One-half (50-1/2) feet northwestwardly along said street =� from the most northerly corner of Lot Sixty-two (62) in Rockafeller's Addition; thence southeastwardly along the west line of LaPorte Avenue a distance of Eleven and One-half (11-1/2) feet to a point Thirty-nine (39} feet distant from the most northerly corner of said Lot Sixty --two 62 ; thence southeestwardly parallel to and Thirty-nine 39 feet dis- tant from the northwestwardly line of said Lot Sixty-two 62 a distance of One Hundred Sixty-two (162) feet; thence northeastwardly on a straight line One Hundred Sixty-two and Four -tenths (162.4) feet to the place of beginning. The quantity of land herein conveyed is Two -hundredths (0.02) of an acre. Being described in deed in St. Joseph County Land Records in Deed Book 136, Page 30. D-2 A lot or parcel of land not platted nor numbered, lying along the north side of and adjoining Lot No. Sixty-two (62) in Joseph -1- i PPFr 7827917 Rockafeller's Second (2nd) Addition to the City of South Bend, and being Thirty --nine (39) feet in width fronting on LaPorte Avenue, and running back to the westerly end of said Lot No. Sixty-two (62),which lot or parcel is bounded by a line running as follows, viz: Beginning at the Northeasterly corner of said Lot No. Sixty-two (62)(being the most northerly corner of said lot); thence North Thirty-eight Degrees West N.38 0 W. ), with the westerly line of LaPorte Avenue; Thirty-- nine 39) feet; thence South Fifty-six Degrees West (S. 5600' W. on a line parallel with the northerly line of said Lot No. Sixty-two (62), to a point due north of the Southwesterly corner of said lot Sixty-two (62) (being the most westerly corner of said lot); thence due south to said southwesterly corner of said lot Sixty two (62); thence north Fifty- six Degrees East (N. 5600fE.) along the northerly line of said Lot No. Sixty-two (62) to the place of beginning. Being described in St.Joseph County Land Records Book 136, Page 8. D-3 A part of Lot Sixty-two (62) in Rockafeller's Second Addition to the City of South Bend, beginning for the same at the northwesterly corner of said lot Sixty-two (62) in the east line of LaSalle Court; thence southwardly with the east line of LaSalle Court a distance of Five and Twenty -five -hundredths (5.25) feet to a stake at the corner of said lot; thence eastwardly with the south line of said lot Nine- teen and One -tenths (19.1) feet; thence northeastwardly One Hundred Ninety (1901 feet to a point in the northwesterly line of said Lot Sixty-two (62); thence southwesterly in a straight line a distance of Two Hundred Four (204) feet to the place of beginning. Being described in St. Joseph County Land Records in Deed Book 33, Page 560. D-4 A part of Lot Fifty (50) in Rockafeller's Second Addition to South Bend, beginning for the same at the northeast corner of said lot; thence west with the north line of said lot a distance of Twenty- nine and Two -tenths (29.2) feet to a corner of said lot; thence south- westerly Twenty-three and Nine -tenths (23.9) feet to the northwest corner of said lot; thence south Twenty-nine and Two -tenths (29.2) feet with the west line of said lot; thence northeasterly in a straight line Sixty-five (65) feet, more or less, to the place of beginning. Being described in St. Joseph County Land Records in Order Book 47, Pages 520 to 539• D-5 A part of Lot Forty-nine (49) in Rockafeller's Second Addi- tion to South Bend, beginning for the same at the northwesterly corner of said lot; thence south with the west line of said lot a distance of Thirty-five and Eight --tenths (35.8) Feet; thence northeasterly in a straight line a distance of Sixty-five (65) feet, more or less, to a point in the east line of said lot which is Twenty-nine and Two - tenths (29.2) feet south of the northeast corner theof; thence north Twenty-nine and Two -tenths (29.2) feet to the northeast corner of said lot; thence southwesterly Sixty and Eight -tenths (60.8) feet with the north line of said lot to the place of beginning. Being described in St. Joseph County Land Records in Order Book 47, Pages 520 and 534. -2- .rriAM/L1� D-6 7$279IL 7 Lot numbered Forty-eight (48) in Joseph Rockafeller's Second Addition to the City of South Bend except seven (7) feet from the West side north of a line north of the south east corner of a seven from a point 58.9 feet n(7) feet strip of Lot 48 to a point 55.25 feet north of the south west corner of Lot 48. Being described in St. Joseph County Land Records in Deed Book 135, Page 446. D-1-4ol A part of Lot Fifty-five (55) in Cobb's Sub --division of Bank Out Lot, No. Thirty (30) of the first plat of Out Lots of the town, now City of South Bend, platted by the State Bank of Indiana; Beginning at the northwest corner of said Lot Fifty-five 55 , thence running east along the north line of said Lot Fifty-five a dis- tance of ninety (90) feet and three (3) inches; thence southwesterly along a straight line to a point which is thirty-three (33) feet southerly from the northwest corner of said Lot Fifty-five (55) on the easterly line of LaPorte Avenue; thence along the easterly line of LaPorte Avenue to the place of beginning. Being described in Cause No. 15598 of the Circuit Court of St. Joseph County. D- 402 A lot or parcel of land feet in width East and West taken Lot numbered Forty-six (46) south north of the south east corner of Thirty-three and One-third (33 1/3) off of and from the East side of of a line from a point 29.3 feet Lot Forty-six (46) to a point 11.9 feet north of the southwest corner of Thirty-three and One-third (33 1/3) feet strip of Lot Forty-six (46). Also part of Lot No. Forty-nine (49) as shown on the 're- corded plat of Joseph Rockafeller's Second Addition to the City of South Bend, north of a line from a point ninety-nine (99) feet north of south east corner to a point 62.3 feet north of the south west corner; excepting therefrom the present right-of-way of the Chicago, Lake Shore and South Bend Railway Company. Also, Lot No. Sixty --two (62) as shown on the recorded plat of Joseph Rockafeller's Second Addition to the City of South Bend. All being described in St. Joseph County Land Records in Deed Book 149, Page 335. D- 403 Part of Lot numbered Forty-seven (47) as shown on the re- corded Plat of Rockafeller's Second Addition to the City of South Bend, south of a line from a point 55.25 feet north of the south - east corner of Lot Forty-seven (47) to a point 29.3 feet north of the south west corner of Lot Forty-seven (47). Being described in St. Joseph County Land Records in Deed Book 149, Page 335. - 3- D-404 782731L`7 A part of Lot No. 50 in Rockafeller's Second Addition to the City of South Bend, taken off of and from the North end thereof and bounded as follows: Beginning at the North East end and corner of said lot, thence South nineteen said lot, thence Southwesterly to a(19) feet along the East line of lot 48.2 feet South of the Northwest pcorner oint nofnsaid slot �as origiid constituted and described in the original plat of Rockafeller's second addition, thence North along the West line of said lot, nineteenna19) feet to the right -of --way of the Chicago, Lake Shore and South Bend Railway Company, and thence in a Northeasterly direction to the place of beginning. Being described in St. Joseph County Land Records in Deed Book 1503 Page 222. D-404 A So much of Lot No. 50 in Rockafeller's Second Addition to the 01ty of South Bend, which lies between two lines drawn as follows: Beginning at a point on the west line of said Lot 50, 99 feet north of the southwest corner thereof; thence drawing a straight line to a Point on the east line of said lot; which point is 138 feet north of the southeast corner of said lot; the other line being north thereof and being drawn from a point on the west line of said lot 48.2 feet south of the northwest corner thereof, drawn in a straight line to a point on the east line of said lot, which point is 19 feet south of 'he northeast corner of said lot; the lands lying between the said two lines being a part of said two lines, being a part of said lot 50. Being described in St. Joseph County Land Records in Fee Book 39,Page 132. D-405 A strip of land fifteen (15) feet wide taken off of the en- tire length of the east side of Lot Forty-five (45) and another strip of land twenty (20) feet in width, taken off of the entire length of the west side of Lot Forty-six (46), all as shown on the recorded plat of Rockafeller's Second Addition to the City of South Bend. The par- ticular part of the lands sought to be condemned is particularly de- scribed as follows: Beginning at a point on the east line of said described lands, which is eight (8) feet and six (6) inches North of the South line of said described lands; thence running southwesterly to a point on the south line of said land, which point is tl,Tenty-six (26) and seven (7) inches from the southeast corner of said described lands; thence east on the south line of said Lot to the said southeast corner; thence north on the east line of said described lands, a dis- tance of eight (8) feet six (6) inches to the place of beginning. Being described in St. Joseph County Land Records in Fee Book 39, Page 55. D-- 4o6 So much of the west Thirty-one (31) feet Two (2) inches in width off of and from the west side of the entire length of Lot Fifty- one (51) in Rockafeller's Second Addition to the City of South Bend, which lies north of a line drawn from a point which is One Hundred Thirty-eight (138) feet distant north from the south line of said �ot on the west boundaryD-06 - conti�n2 dy line of said stripd and Five (5} inches distant is'oo. thence toBeina Page 22 described in St'stant from thene Hundred Point on the south Sixty-two east 3. Joseph Count east corner (162) feet Y Land Records i °f said strip. ` n Deed Book 150, Deed Record olmuch of the ropert Count 3O at page � Y described in Y, Indiana, page in the Recorder s Deed recorded-in at a point on the consisting of a triangular of St. One hundred sit west boundar gular Piece Of Joseph west corner of said two Y line of said lands land, beginning said land, feet five (5) inches north Pont is the northwest corner thence rennin the south- west of said lands; thence said west boundary to y of said lands six running east on the north in a straight line southwesterly to five Being described Y to the din inches; thence running Page 222. in St- Joseph Count Point and place of be Y Ladd Records �n Deed ginning, Book 150, To Have and To Hold the said described lots to said Civil City of South Bend and parcels successors and assigns, in fee; HOWEVERits , SUBJECT TO an easement granted by Chicago South Shore and South Bend Railroad to Wyco Inc. by Agreement to be used as a drivedated June 21, 1963, way or right-of-way to furnish Wyco with ingress and egress to and from real estate owned means of the and adjacent to by ti+Tyco northerly of Parcels hereinabove described and D-402, said easement as D-I' D-2, D-3 Parcels to Wyco located in Section 11, Town- ship 37 North, Range 2 East of the Second Principal City of South Bend Neridian,- in the ' Indiana, mare particularly described as follows: Parcel A, A (12) fee in widthaextendingrcel or tfromrip otheeweseelye twelve LaPorte Avenue to a line westerly line of eighty 280) parallel with and two hundred ( feet southwestern from Of LaPorte Avenue, measured along said the westerly line foot strip of land, the northerly said twelve 12 (12) south12)foot parcel or strip bein Y line °f said twelve measured at right angles theretothirty- (32) feet line which, p rior to the vacation of , of that certain that certain street -5- known as "Summer's court,, line of said Summer's Court twelve the southerly twelve (12) foot parcel the southerly south, measured at or strip being line of said line of said twelve (12) angles thereto (12) (12) feet being herein after 12 jo of said northerly foot parcel or stri referred to as "Parcel ripAll, the same Parcel B. Commencing southerly line Co g at the intersection of the its vacation was that certain street, which prior tb known as Summer's Court', and the westerly line of LaPorte Avenue; thence southwesterly along that certain line, which to the said Summer's Court constitutedpthe rsoutherly alineon of thereof, a distance of one hundred sixty five (165) feet to a point on said southerly line, the place of beginning; thence continuing along that certain line which prior to the vacation of said Summer's Court , constituted the southerly line of sand summer's Court, a distance of one hundred (100) feet to a point on said southerly line; thence in a south easterly direc- tion and at right angles to said southerly line of said Summer's Court a distance of thirty two (32) feet, more or less, to the northerly line of said Parcel A; thence northeasterly along the northerly line of said Parcel A a distance of one hundred (100) feet to a point on said northerly line of said Parcel A; thence northwesterly, and at -right angles to said northerly line of said Parcel A, a distance of thirty two (32) feet, more or less, to the place of beginning. SUBJECT, ALSO TO any facilities located on, over, under or across the lands described above, and all agreements, easements and rights granted or reserved therefor, whether the instruments granting or reserving the same be recorded ox' unrecorded. AND the said Grantor herely covenants that it will execute such other and further assurances of the same as may be required. In witness whereof, the Chicago South Shore and South Bend Railroad, Grantor, pursuant to due corporate authority, has caused its nameto be signed hereto by its officers hereunto duly authorized and its corporate seal, duly attested, to be hereunto affixed; as of the day and year first above written. M WITNESS: C. F. Mulrenan 1017 CHICAGO SOUTH SHORE AND SOUTH BEND RA ILR OA D By z _ - !J Pres den A. W. Dudley Attest: _ 7- Assistant Secretary C. D. Moore -1- off' xnd iet.na) 7827a, tY of T-aportO S� . ^' �•7l I, Clarence D. Moore of Indiana a Notary me in Said City do certify that on Decemberis °f state to, Personal 1Y came 14, 1978 me to be the Person me A.W. Dudley, to ' before Se is me who name known, and known meat dated Decebez 14� 1978 subscribed to the a instr st''TOrn, did depoSe� acknowle who, being by me fir °ve u- b,�indsor � knowledge and st duly court say that he res LaPorte ides at the Chica Indiana 3595W go South Shore and ' that he describedSouth Ben is President of d Railroad in and which. executed .9 the corporation seal of s said said corporation • instrument; that he knows the is such � that the seal seal; that it affixed to said was so affixed b instrument Directors of s Y authorit said corporation; that he Y of the Board of said corporation signed his Pursuant to s name thereto for ment is the free act and deed uCh authority, and that said i of said corporation. witness whereof poratzon, seals the day year first' I hereto set my hand and of • Y and facial above writ My Commission ten. �'0*"' rueiKnA�l expires 000MMISSIoNFJ(PI NDIANA �or� o gar D Clarence Rub j_c eight This Moore page instrument drafted b Mr. Richar Y. A torney For C• Keene Two North Gran or Ralti mCharles Street ores Maryland 21201 along the norui. .. ,, at 1 rs nue Ane two dis- stance traight ce Iths : and g Joseph -1- �:, ��z:, ... ,'iN'r:� 0 << 5��,-