The URL can be used to link to this page

Home My WebLink About#1297- Deed; Guardians - to city, part of the W half of the NW Quarter of sec 22, township 37, range 2 east - Maple road Ethanol PlantGUARDIAN'S Samantaa A, Soutl bend, of the NJ.'. 6.' Township 37 St, Joseph follows: DEED from Albert H. and Rerick to City of A part of the W. 1/2 I'uarter of Sec. 22, North, Range 2 East, County, described as (SEE DEED) (MAPLE RD.-ETHANOL PLANT PROJECT) CITY ATTORNEY S OFFICE INTER -OFFICE MEMO TO: SANDRA PARMERLEE, CLERK DATE: MARCH 30, 1983 BOARD OF PUBLIC WORKS FROM: CAROLYN V. PFOTENHAUER G ASSISTANT CITY ATTORNEY�f vl SUBJECT: RERICK PROPERTY DEEDS Attached are the trustee's deed from lst Source Bank as trustee of the Howard D. Rerick testamentary trust and the guardian's deed from St. Joseph Bank and Trust Company as guardian of the estate of Albert H. and Samantha Rerick, each transferring an undivided one-half interest in the property which the City purchased in order to build Maple Road. I am also attaching a copy of the title insurance. The Board of Works needs to accept these deeds at the next meeting. CVP/clt 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 13 and to the Conditions and Stipulations hereof. 1st Source Bank c/o John Peddycord, Attorney 600 Chamber of Commerce Bldg-. South Bend, IN 46601 COMMITMENT No. 42640 Proposed Insured — LOAN: Proposed Insured —OWNERS: . I SCHEDULE A EFFECTIVE DATE: February 2, 1983 at eight o'clock A.M. CITY OF SOUTH BEND Policy or Politics ro by issued: ALTA Owners Policy— ALTA Loan Policy FORM B — 1970 1970— (Amended I0-17.70) (Amended 10-17.70) $37,385.00 The estate or interest inthe 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: 1ST SOURCE BANK, AS TRUSTEE OF HOWARD D. RERICK, TESTAMENTARY TRUST AND THE ESTATE OF ALBERT H. RERICK, AN INCOMPETENT PERSON The land referred to in this Commitment is described as follows: Situate in St. Joseph County, in the State of Indiana: See Attached Schedule "A" for Legal Description AMERICAN LAND TITLE ASSOCIATION COMMITMENT FORM NO. 2288 SCHEDULE A CONTINUED LEGAL DESCRIPTION No. 42640 A part of the West Half of the Northwest Quarter of Section 22, Township 37 North, Range 2 East, in St. Joseph County, Indiana, described as follows: Beginning at the northwest corner of said quarter section, marked by a brass plug set in concrete; thence North 89 degrees 28 minutes 29 seconds East 60.00 feet along the north line of said West Half; thence South 0 degrees 22 minutes 40 seconds East 1083.26 feet; thence South 17 degrees 14 minutes 59 seconds East 353.25 feet; thence South 39 degrees 22 minutes 09 seconds East 211.70 feet; thence south 36 degrees 52 minutes 40 seconds East 327.63 feet; thence North 58 degrees 07 minutes 20 seconds East 628.67 feet; thence Northeasterly 40.84 feet along an arc to the Ieft and having a radius of 1948.40 feet and subtended by a long chord having a bearing of North 57 degrees 31 minutes 39 seconds East and a length of 40.84 feet; thence South 22 degrees 54 minutes 02 seconds East 50.78 feet to the centerline of State Road 23; thence along said centerline Southwesterly 32.92 feet along an arc to the right and having a radius of 1998.40 feet and subtended by a long chord having a bearing of South 57 degrees 39 minutes 27 seconds West and a length of 32.92 feet; thence South 58 degrees 07 minutes 20 seconds West 1023.29 feet along said centerline; thence North 5 degrees 40 minutes 27 seconds West 313.60 feet; thence South 58 degrees 07 minutes 20 seconds West 177.48 feet to the west line of said West Half; thence North 0 degrees 22 minutes 40 seconds West 1878.35 feet along said West line to the Point of Beginning. roam 3631 11 7-76 Chicago 'Title Insurance Company 5 C H E D U L E B Commitment No. 42640 Schedule 8 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 Owners 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 materioimen 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. W NW N OF RD EX PT IN CITY X EX 1.20 AC SW COR 40.13 AC 22-37-2E: Taxes for the year 1981 due in May and November, 1982 show paid in the total amount of $347.52. Tax Unit 17 Key 1013 0325; Land Val. $6,160.00; Imp. Val. $0.00; Net Value $6,160.00. Taxes for the year 1982 due in May and November, 1983. 2. Rights of way for drainage ditches, feeders and laterals, if any. 3. Proceedings pending in the St. Joseph County Probate Court in re: Guardianship of Albert H. Rerick, opened January 5, 1976 as Guardianship 8263. 4. Rights of St. Joseph Bank and Trust Company, guardian of the Estate and Person of Albert H. Rerick, an incompetent person. 5. Order entered February 1, 1983 in the St. Joseph County Probate Court authorizing the St. Joseph Bank and Trust Company, as guardian of the Estate of Albert H. Rerick, an incom- petent person, Guardianship #8263, to sell wards' undivided one-half interest in said premises for not less than the fair market value of $100,000.00. Note: A judgment and bankruptcy search as to Ist Source Bank, as Trustee of Howard D. Rerick, Testamentary Trust and the Estate of Albert H. Rerick, an incompetent person, Howard D. Rerick and Albert H. Rerick discloses no liens of record. Bankruptcy search limited to January 24, 1983 at eight o'clock A.M. Search date of the Mishawaka Superior Court Records limited to January 28, 1983 at eight o'clock A.M. FORM NO 2239 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 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 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 ornount stated ;n Schedule A for the policy or policles 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- 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 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 AND TITLE CORPORATION OF SOUTH BEND 135 South Lafayette Boulevard South Bend, Indiana 46601 (219) 233-9258 -� Authorized Signatory Thomas J. McFadden Vice President \l►suqqy, ` � `i .......... A:: �r yam.,.. F.2290 CHICAGO TITLE INSURANCE COMPANY By: 10 ATTEST: - (4� President. Secretary St. Joseph County Bar Asaoe[nllon MAITr, T8: � U��la3 Probate Form No. 23 Rev. 1973 ITOR'S RECORD 5 1983 _ a' sfer No. -------------- --------- GR GUARDIAN'S DEEEED� J. MANCSZAK �Z St. Jose CLFRI( Taxing Un ---------------- ph Probare Caurt Date--------- ( -------------------- St. Joseph Bank and Trust Company of South Bend, by Daniel L. Curry, Vice President and Trust Officer, as Guardian -------------------------------------------------------------------------------- Albert H. Rerick and of the Estate sof Samantha A Rerick by Order of the -_ Probate ------------------- ---------.... Court of St. Joseph County, in the State of Indiana, entered in the Order Book of said Court, for a Eighteen Thousand Six Hundred Ninety -Two and sideration of the sum of 50 100thi;�--_--- = = _-_:_ :-------------.------- ] 8, 692. 50 the receipt whereof is herebly acknowledged, conveys to ..... City..- of South_ Bend ..------------------------------------------------------------------------- ---- in St. Joseph ------------- --------- the following REAL County, in the State of Indiana, to -wit: An undivided one-half (1/2) interest in the following described parcel of real estate: A part of the West Half of the Northwest Quarter of Section Twenty-TWo (22), Township Thirty -Seven (37) North, Range Two (2) East, in St. Joseph County, Indiana, described as follows: Beginning at the northwest corner of said quarter section, marked by a brass plug set in concrete; thence North 89 degrees 28 minutes 29 seconds East 60.00 feet along the north line of said West Half; thence South 0 degrees 22 minutes 40 seconds East 1083.26 feet; thence South 17 degrees 14 minutes 59 seconds East 353.25 feet; thence South 39 degrees 22 minutes 09 seconds East 211.70 feet; thence South 36 degrees 52 minutes 40 seconds East 327.63 feet; thence North 58 degrees 07 minutes 20 seconds East 628.67 feet; thence Northeasterly 40.84 feet along an arc to the left and having a radius of 1948.40 feet and subtended by a long chord having a bearing of North 57 degrees 31 minutes 39 seconds East and a length of 40.84 feet; thence South 2^ '----ram-c 54_minutes 02 seconds East 50.78 feet to the centerline of State Road 23; 9FREIN BY REFEREW-E at. Joseph County Isar Association Probate Form Na. 23 Rev. 1973 DITOR'S RECORD rr .i 5 1983 ' sfer No. -------- OR GUARDIAN'S DEED IN 1' MANClSZAf(, CLERK Taxing Unit _._---------- St. Joseph Probate couL� rt -- - Date --------- (------ r St. Joseph Bank and Trust Company of South Bend, by Daniel L. Curry, 'Vice President and Trust Officer, as Guardian �. ---------------------------- ------- •----............................... Albert H. Rerick and of the Estatesof Samantha__A. Rerick by Order of the Probate Court of St. Joseph County, in the State of Indiana, entered in the Order Book of said Court, for and in co Eighteen Thousand Six Hundred Ninety -Two and sideration of the sum of0%.]:OOths--= -----: -_- -----_:--- ---------- ----.----.C.18=692,-50)--------------- Don the receipt whereof is herebly acknowledged, conveys to _______the__ City__ of_ -South_ Bend-_______ ------------------- - ---------•---------------------------------------------------- ----------------------------------------------------- the following REAL EST in __.------ St._- Joseph----------------------------------------------- County, in the State of Indiana, to -wit: An undivided one-half (1/2) interest in the following described parcel of real estate: A part of the West Half of the Northwest Quarter of Section Twenty -Two (22), Township Thirty -Seven (37) North, Range Two (2) East, in St. Joseph County, Indiana, described as follows: Beginning at the northwest corner of said quarter section, marked by a brass plug set in concrete; thence North 89 degrees 28 minutes 29 seconds East 60.00 feet along the north line of said West Half; thence South 0 degrees 22 minutes 40 seconds East 1083.26 feet; thence South 17 degrees 14 minutes 59 seconds East 353.25 feet; thence South 39 degrees 22 minutes 09 seconds East 211.70 feet; thence South 36 degrees 52 minutes 40 seconds East 327.63 feet; thence North 58 degrees 07 minutes 20 seconds East 628.67 feet; thence Northeasterly 40.84 feet along an arc to the left and having a radius of 1948.40 feet and subtended by a long chord having a bearing of North 57 degrees 31 minutes 39 seconds East and a length of 40.84 feet; thence South 22 degrees 54 minutes 02 seconds East 50.78 feet to the centerline of State Road 23; CONTINUED ON ATTACHED "EXHIBIT A" WHICH IS INCORPORATED HEREIN By REFERENCE - U L_j Q w i CL cZ _ .� uLu Sig? ed a1&1-�ed this ___11th__ day of ----------F-e-lar-ua�y---------- z- - -. _STATE OF INDUNA, ST. JOSEPH COUNTY, ss: :Before ri�g the undersigned, a Notary Public in and for said County and State, &rsonahy appeared: Daniel L. Curry, Vice President and Trust Officer B of St. Joseph Bank and Trust Company of South Bend, y as Guardian of the Estates of Albert H. Rerick and Samantha A. Rerick, and for and on behalf of said execution of the foregoing Deed. have hereunto subscribed my name seal, this _------- 11th day ------------------- 1931.__- i ------------------------------------------------------------------ Gloria H. Eckenroth Notary Public My commission expires ___ 3-28-86 Residing in St. Joseph County, Examined, approved and ordered delivered in open Court this --•, 19--- 8 3 -- ST. JOSEPH BANK AND TRUST COMPANY OF SOUTH BEND, As Guardian of the Estates of Albert H. Rerick and Samantha A. Rerick L �— I�- -------------------- SEAL Daniel L. Curry, Vi e President and Trust Officer ----------------------•-------------------------------------- SEAL DULY E�ITEREL' FOR TAXATION Jos i,'-i i. l'�i1GY AUDi 1 C>;Z ST. joSpj_� -Q. l�'p! IN. / Ida-11/of Febr Y.'-: -- 1 T r' ------ - ------ --------------- -- dye of the St. Josep' •- _.1'_'rnlm.ta.-. Court This instrument was prepared by _.._.JOhrt--li_._Y-eddy-Card_,__.224 W- Jefferson Blvd. Suite 600t Alcmber St. Joseph County Indi(Ina Bar Association South Bend TN Z1.66ol. `Where applicable, the singular Includes Uw plural, lhn munc,tlkne I;cndcr the feminine and neuter, and person both natural persons and corporations. Wadden P"i,lJ Co . LaGrange. Indiana thence along said centerline Southwesterly 32.92 feet along an arc to the right and having a radius of 1998.40 feet and subtended by a long chord having a bearing of South 57 degrees 39 minutes 27 seconds West and a length of 32.92 feet; thence South 58 degrees 07 minutes 20 seconds West 1023.29 feet along said centerline; thence North 5 degrees 40 minutes 27 seconds West 313.60 feet; thence South 58 degrees 07 minutes 20 seconds West 177.48 feet to the west line of said West Half; thence North 0 degrees 22 minutes 40 seconds West 1878.35 feet along said west line to the Point of Beginning, and containing 7.477 acres, more or less. Subject to all assessments, liens and encumbrances, and to conditions, covenants, restrictions and easements of record, and subject also to legal zoning, and to building and/or use ordinances and regulations, (7J oc7v. CCU (Ilr�s M)> uaf ibit A" 8305213 PT IAPDA A. NCIVIA C'� it C"7 S. 9 49 414 U's p H c D I A NA FOR REM