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HomeMy WebLinkAbout#1275- Deed; Warranty - 420 N Frances Street-ti! WARRANTY DEED from Michael L. and Charles A. Aupley to City of South Bend, a part of Lot No. 2 in Hull's Subdivision of Block 11 in Cottrell's Addition to the Town of Lowell, and being more particularly described as follows: (SEE DEED) (Parking Lot for Police Substation located at 420 Ni. Frances Street) MAIL DEED TO: MAIL TAX BILLS TO: /a 7S City of South Bend Room 1308 COPYRIOHT ST, JOGEPH COUNTY, INDIANA GAR A350CIATION PROPERTY FORM 1W - 1974 AUDITOR'$ RECORD Transfer No. Taxing Unit Date °� -.3 L) Michael L. Rupley and Charles A. Rupley, a/k/a Charles Rupley, as tenants in common with no rights of survivorship, the Grantor j Convey and Warrant to City of South Bend, Indiana, a municipal corporation the Grantee i for and in consideration of $2 ,000.00 the receipt of which is hereby acknowledged, Real Estate in St. Joseph in the State of Indiana , described as follows: A part of Lot numbered Two (2) in Hull's Subdivision of Block Eleven (11) in Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend, and being more particularly described as follows: Beginning at a point twenty (20) feet East of the Northwest corner of said Lot No. Two (2) ; thence East nineteen (19) feet; thence South eighty-eight (88) feet; thence West nineteen (19) feet; thence North eighty-eight (88) feet to the place of beginning. .t Go �011 ,auk.`( �QSF�'I �• �p�Y 51. 1 p1-1 �0� Signed and dated on December_ 30, State of Indiana, _ St . d] o' ee-Ph County, ss: Before nte, the undersigned, a Nolw� Public in and for said County and State, personally appeared: and Charles A. Rupley t jand acknowledged the execution of the foregoing deed on DsC' '30 19-Li ,Notary Public S:iv aYer,,,cilor t of St. Jos.3,�h County. David A. ;1AJ_ls Typed or printed name My commission expires January 22 198 Prepared by Richard Hill, City Attorney Atlarr at Signature Typed or printed name signature or printed name County, R, C.:1D _ _. ri V'Q r T9 81 MAIL DEED TO: MAIL TAX BILLS TO:�� 7s City of South Bend Room 1308 W-A RR, . OrY COPYRIGHT BT. JOBEPH COUNTY, INDIANA BAR AB90CIAYION PROPERTY FOAM lot — 1974 AUDITOR'S RECORD _1 Transfer No. Taxing Unit Date —I -), Q r_3 6 .� V l Michael L. Rupley and Charles A. Rupley, a/k/a Charles Rupley, as tenants in common with no rights of survivorship, the Grantor Convey and Warrant to i City of South Bend, Indiana, a municipal corporation the Grantee for and in consideration of $2 ,000.00 the receipt of which is hereby acknowledged, Real Estate in St. Joseph in the State of Indiana , described as follows: A part of Lot numbered Two (2) in HulIIs Subdivision of Block Eleven (11) in Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend, and being more particularly described as follows: Beginning at a point twenty (20) feet East of the Northwest corner of said Lot No. Two (2) ; thence East nineteen (19) feet; thence South eighty-eight (88) feet; thence West nineteen (19) feet; thence North eighty-eight (88) feet to the place of beginning. 1 i, X,- 5IoN C R S1. JOSS Signed and dated on December State of Ind i ana, St - 7 o4 aph County, ss: Before nze, the undersigned, a Notary Public in and for said County and State, personally appeared: 3e7 iiupic;y and Charles A. Rupley and acknowledged the execution of the foregoing deed on Notary Public sig-"Arernoidfir t. of St. Joal-�ph County. David A. 4I lls Typed or printed name My commission expires January 22 % 1983 +.�Igrlul¢rc Typed or printed name Signature Typed or printed name County, ® M, �� n+� *'3C � rA 81 Prepared by Richard Hi 11 , City Attorney Attorney at 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 S and to the Conditions and Stipulations hereof. City of South lend Dept, of Engineering !-nl 11 I T.I G.IT - 4011E Proposed Insured — LOAN: 7 I SCHEDULE A EFFECTIVE DATE: �4oveniber 24, 1981, at eight o'clock A.M. Proposed Insured --- OWNERS: Policy or Policies to be issued: ALTA Owners Policy— ALTA Loan Policy FORM 8-1970 1970— (Amended 10.17-70) (Amended 10-17-70) $1,000.00 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: i4ichael L. Rupley and Charles A. Rupley, also known as Charles Rupley, as tenants in colMon with no rights of survivorship The land referred to in this Commitment is described as follows: Situate in St. Joseph County, in tAze State of Indiana: A part of Lots Numbered Two (2) and Three (3) in I-Iull' s Subdivision of Slock Eleven (11) in Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend, and being more particularly described as follows: _;eyimliny at a point twenty (20) feet Last of the Northwest corner of said Lot No. Two (2), thence East thirty-nine (39) feet; thence South eighty-eight (SC) feet; thence .`hest thirty-nine (39) feet; thence AJorth eighty-eight (88) feet to the place of beginning. AMERICAN LAND TITLE ASSOCIATION COMMITMENT FORM NO. 22B6 S C H E D U L E B Commitment No. 40216 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 value 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 1980 due in May and i�lovember, 1931, in the total amount due of $31.50 are paid. Tax Unit 18 Key 5018 0608 Land Val. �340.00 L4et Value $340.00. Taxes for the year 1981 due in !4ay and November, 1932. ,.dote: A judgment and bankruptcy search against Michael L. Rupley and Charles A. Rupley discloses no liens of record. Bankruptcy search limited to 11-2-81 and search of the records of Mishawaka Superior Court limited to 11-12-81 at eight o'clock A.N. FORM u0. 2289 CONDITIONS AND STIPULATIONS 1, The term "mortgage," when used herein, shall include deed of trust, trust 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 disc',ose 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 of its option may amend Schedule S of this Commitment accordingly, but such amendment shall not relieve the Company frorn liability previously incurred pursuant to paragraph 3 cf 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 8, or (c) to acuurre 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 Insvred which ore 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 Com- pany 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. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the paLcy 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 roused 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 an authorized signatory. CHICAGO TITLE INSURANCE COMPANY Issued by: By. THE ABSTRACT &TITLE CORPORATION OF SOUTH BEND 135 South Lafayette Boulevard South Bend, Indiana 46601 (219)233-8258 Authorized Signatory Thomas J. McFadden, Vice President esrM . � 1t15URq� ATTEST: President. Secretary 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. City of South Dend Dept, of Engineering SCHEDULE A Policy or Policies to be issued: ALTA Owners Policy— ALTA Loan Policy FORM 8-1970 1970— COMMITMENT No. EFFECTIVE DATE (Amended 10-17-70) (Amended 10-77.70) 40216 November 24, 1981, at $1,000.00 eight o'clock A.M. Proposed Insured-- LOAN: Proposed Insured -- OWNERS: 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: Michael L. Rupley and Charles A. Rupley, also known as Charles Rupley, as tenants in common with no rights of survivorship The land referred to in this Commitment is described as follows:Situate in St. Joseph County, in tAe State of Indiana: A part of Lots Numbered Two (2) and Three (3) in Hull's Subdivision of Block Eleven (11) in Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend, and being more particularly described as follows: beginning at a point twenty (20) feet East of the Northwest corner of said Lot Ao. Two (2) , thence East thirty-nine (39) feet; thence South eighty-eight (88) feet; thence Nest thirty-nine (39) feet; thence north eighty-eight (88) feet to the place of beginning. AMERICAN LAND TITLE ASSOCIATION COMMITMENT FORM NO. 2288 S C H E D U L E B Commitment No. 1S0216 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same 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 ofr 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 value 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 1980 due in May due of $31.50 are paid. and November, 1981, in the total amount Tax Unit 1S Key 5018 0608 Land Val. $340.00 Net Value $340.00. Taxes for the year 1981 due in May and November, 1982. Note: A judgment and bankruptcy search against Michael L. Rupley and Charles A. Rupley discloses no liens of record. Bankruptcy search limited to 11-2-81 and search of the records of Mishawaka Superior Court limited to 11-12-81 at eight o'clock A.M. FORM NO. 2289 CONDITIONS AND STIPULATIONS 1. The term "Mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other molter affecting the estate or interests or mortgage thereon covered by this Commitment other than those shown in Schedule 3 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 disc''.ose 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 shop not relieve the Company from Viability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Cumpony under this Commitment shall be only to the nomed proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual lass incurred m 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 ocyuire 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 Com- 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. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the p.)i'cy 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. rhis 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 roused 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. CHICAGO TITLE INSURANCE COMPANY Issued by: THE ABSTRACT & TITLE CORPORATION OF SOUTH BEND 135 South Lafayette Boulevard South Bend, Indiana 46601 (219) 233-8258 ATTEST - Authorized Signatory Thomas J. McFadden, Vice President �RStIA 'ti®RPORATF ••. o President. Secretary F2290 �