HomeMy WebLinkAbout#1307- Deed; WARRANTY DEED A part of the SW quarter of the NWquarter Section 22, Twp. 37 N. Range 2 E. In St. Joseph County (Ethanol Plant Area)07
WARRANTY DEED from Carl A. Bilinski
and Margaret R. Bilinski to City
of South Bend, A parr of the S.W.
4 of the N.W. 4 of Section 22, as
follows: (SEE DEED)
(ETHAEOL PLANT AREA)
CITY ATTORNEYS OFFICE
TO: Sandy Parmerlee DATE: August 15, 1983
Clerk, of the Board of Works
FROM: Carolyn V. Pfotenhauer
Assistant City Attorney 5�K
SUBJECT: Warranty Deed and Mortgage Release
Attached is a warranty deed from Carl A. and Margaret R. Bilinski
transferring property to the Civil City of South Bend. This is the
last of the four pieces of property which the City needed in order to
build the passing blisters alongside State Road 23. Also attached is
a partial Release of Mortgage from Sobieski Federal Savings and Loan
Association releasing two mortgages which the Bilinski's had on the
property. The Board of Works needs to accept the deed and the deed
and the mortgage release need to be recorded.
CVP:tw
Enclosure
CITY ATTORNEY IS OFFICE
TO: Sandy Parmerlee DATE: August 15, 1983
Clerk, of the Board of Works
FROM: Carolyn V. Pfotenhauer
Assistant City Attorney
SUBJECT: Warranty Deed and Mortgage Release
Attached is a warranty deed from Carl A. and Margaret R. Bilinski
transferring property to the Civil City of South Bend. This is the
last of the four pieces of property which the City needed in order to
build the passing blisters alongside State Road 23. Also attached is
a partial Release of Mortgage from Sobieski Federal Savings and Loan
Association releasing two mortgages which the Bilinski's had on the
property. The Board of Works needs to accept the deed and the deed
and the mortgage release need to be recorded.
CVP:tw
Enclosure
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY
(Amended 16
42849 15 02 1 04
CHICAGO TITLE INS I.✓
n
SUBJECT TO THE EXCLUSIONS FROM COVERS
SCHEDULE B AND THE PROVISIONS OF THE CO.
CHICAGO TITLE INSURANCE COMPANY, a Miss
insures, as of Date of Policy shown in Schedule A, again; �-
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.
fn 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
Issued by:
THE ABSTRACT AND TITLE By:
CORPORATION OF SOUTH BEND
135 South Lafayette Boulevard
South Bend, Indiana 46601
(219) 233-8258 1NSU,�gy President.
h: 7
4; �,ORPORATk `;o ATTEST:
cs: Did �
Ic
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 Title Association
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY FORM B-1970
(Amended 10-17-70)
42849 15 021 04 15622
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 Ioss 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:
I. 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.
fn 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
Issued by:
THE ABSTRACT AND TITLE By:
CORPORATION OF SOUTH BEND f
135 South Lafayette Boulevard
South Bend, Indiana 46601
(219) 233-$258 �\tYSURy t. President.
,.......... H
a:`tuRPORATf'.o 7 ATTEST:
NEALa, v
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 Title Association
OFFICE FILE NUMBER
POLICY NUMBER
DATE OF POLICY
AMOUNT OF INSURANCE
1 3
1 500.00
i . Name of Insured:
Civil City of South Bend, Indiana
�. The estate or interest in the land described herein and which is covered by tilis policy is:
Fee simple
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 hereol.
S. The laud relcrred to in this policy is described as follows_
Situate in St. Joseph County, in the State of Indiana:
A part of the Southwest Quarter of the Northwest Quarter of Section
22, Township 37 North, Range 2 East, in St. Joseph County, Indiana,
described as follows: Commencing at the Southwest corner of said
Quarter Quarter Section; thence North 89 degrees 07 minutes 35 seconds
East (assumed bearing) 494.5 feet along the south line of said Southwest
Quarter of the Northwest Quarter to the Southwest corner of land
belonging to Carl A. and Margaret R. Bilinski as described in Book
409 page 385 in the office of the Recorder of St. Joseph County,
Indiana; thence North 00 degrees 09 minutes 02 seconds West 679.32
feet along the west line of said Bilinski land to the Point of
Beginning; thence continuing North 00 degrees 09 minutes 02 seconds
West 64.66 feet along said west line to the centerline of State Road
23, also being the northern boundary of said Bilinski land; thence
North 58 degrees 07 minutes 20 seconds East 99.81 feet along said
centerline to the east line of said Bilinski land; thence South 00
degrees 09 minutes 02 seconds East 64.66 feet along said east line;
thence South 58 degrees 07 minutes 20 seconds West 99.81 feet to the
Point of beginning.
Subject to legal highways.
This policy valid only if Schedule B is attached.
FORM 3214 R. 7/79
SCHEDULE B
Policy Number 15 021 04 15622
h Owners
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 not 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. Second installment of taxes for the year 1982 due in November,
1983 and all subsequent taxes.
2. Rights of way for drainage ditches, feeders and laterals, if any.
Countdrsigned
r i
Au prized Signatory
John E. Monahan, Vice President
Schedule B of this Policy consists of 1 pages.
ATTACHED TO POLICY NO.15 021 04 15622
ISSUED BY
The Abstract and Title Corporation of South Bend
CHICAGO TITLE INSURANCE COMPANY
The Company, 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.
3. 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 thereto-
fore under the terms of this Endorsement) by the same percentage, if any, by which the United States
Department of Commerce Composite Construction Cost Index 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 amount of insurance in force. There shall be no annual adjust-
ment 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 terms
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 amount thereof.
<<� G rad Wmd ik Corpora iok�
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tip,: •••. �
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...........
AI -V /-!
W Authoriacd Signatory
JohnlE. Monahan, Vice President
Note: This endorsetnent shall not be valid or
CHICAGO TITLE INSURANCE COMPANY
ATTEST:
President.
binding until countersigned by an authorized Secretary.
signatory.
INFLATION ENDORSEMENT I
INF. I
Form 2697 Rev. 6179
^MAIL DEED TO:
MAIL TAX BILLS TO:
COPYRIGHT'
ST. JOSEPH COUNTY. INDIANA
BAR ASSOCIATION
PRO PCRTY FORM f0f — 1974
`` `s` f CARL A. BILINSKI
4�
AUDITOR'S RECORD
//
Transfer No tom q 7
Taxing Unit
Date f _
and MARGARET R. BILINSKI, husband and wife,
the Grantor's,
' Convey and Warrant to CIVIL CITY OF SOUTH BEND, INDIANA,
cy
the Grantee
R
!V
for and in consideration of One Dollar ($1. 00) and other valuable consideration
the receipt of which is hereby acknowledged, Real Estate in S t . Joseph
in the State of Indiana , described as follows:
County,
A part of the Southwest Quarter of the Northwest Quarter of Section 22,
Township 37 North, Range 2 East, in St. Joseph County, Indiana, described
as follows: Commencing at the Southwest corner of said Quarter Quarter.
Section; thence North 89 degrees 07 minutes 35 seconds East (assumed
bearing) 494.5 feet along the south line of said Southwest Quarter of
the Northwest Quarter to the Southwest corner of land b41ongiiv,,to
Carl A. and Margaret R. Bilinski as described in Book 409 pa4e'3$5 in
the office of the Recorder of St. Joseph county, Indiana; thence North
00 degrees 09 minutes 02 seconds West 679.32 feet along the west line of
said Bilinski land to the Point of Beginning; thence continuing North
OU degrees 09 minutes 02 seconds West 64.66 feet along said west line
to the centerline of State Road 23, also being the northern boundary of
said Bilinski land, thence North 58 degrees 07 minutes 20 seconds East
99.81 feet along said centerline to the east line of said Bilinski land;
thence South OU degrees 09 minutes 02 seconds East 64.66 feet along said
east line; thence South 58 degrees 07 minutes 20 seconds West 99.81 feet
to the Point of Beginning.
Subject to legal highways.
ALSO, subject to all unpaid taxes, assessments, restrictions, excepting
racial restrictions, easements and zoning of record.
Signed and dated on August 19 g 3
State of I_NDZ_ANA--, ST. JOSEPH County, ss: '
,,nature
Before me, the undersigned, a Notary Public in and for said County CARL A. BILINSKI
and State, personally appeared:
earl A. Bilinski and Margaret R.
Bilinski, husband a
DUI"Y ENzIERED FOR TAXI"'3 N
J0S`EPH E. NA.GY
AUDITOR
ST. JOSEPH CO., INDIANIk
and' Ly y r- % d,'-the execution of the foregoing deed on
_— 10 8 3
Notary Public
.Sl nataC!! David V. Bent
Typed orprinhd name A resident of St. Joseph Count
.bly commission expires - -- Tndic
Typed or printed name
`r `a--<- cl e ti _Q�-v.A— t
Signat„re
MARGARET R. BILINSKI
7'yped or printed name
APPROVED
Signature BOARD OF PUBLIC WORKS
Typed or printed name 1983
42G
..... .... .
Signature _.1— �. E ...............
7'
to —
'1)prd or printed name
!'rcparr°dLy--David V. Bent, BINGHAM, LOUGHLN,_ MEANS__._�1ICK_,-.0.0—LincQln__Way_East,
Attorney at Law
Post Office Box 583, Mishawaka, Indiana 46544
F.' Ul
'9315695
LIP
A IN ' [� 3
y�21
8315694
PARTIAL RELEASE OF MORTGAGE
This certifies that a Mortgage executed by Carl A. Bilinski and
Margaret R. Bilinski, husband and wife, to Sobieski Federal Savings
and Loan Association to secure repayment of the sum of $11,600.00,
which Mortgage was recorded in Mortgage Record 841, page 569, in the
records in the Office of the Recorder of St. Joseph County,_Indiana,
and also, the Mortgage executed,by Carl A. Bilinski and Margaret R.
Bilinski, husband and wife, to Sobieski Federal Savings and Loan
Association to secure repayment of the sum of $5,000.00, which Mort-
gage was recorded in Mortgage Record 846, page 318, in the records in
the Office of the Recorder of St. Joseph County Indiana, both hereby
are released as to the following described real estate located in St.
Joseph County, State of Indiana, to -wit:
A part of the Southwest Quarter of the Northwest Quarter
of Section 22, Township 37 North, Range 2 East, in St.
Joseph County, Indiana, described as follows: Commencing
at the Southwest corner of said Quarter Quarter Section;= �� = -
thence North 89 degrees 07 minutes 35 seconds East' -�
(assumed bearing) 494.5 feet along the south line of
said Southwest Quarter of the Northwest Quarter to the ;i C
Southwest corner of land belonging to Carl A. and Mar- r M.'
`i n:
garet R. Bilinski as described in Book 409 page 385 in V`'
the office of the Recorder of St. Joseph County, Indian4;;r
thence North 00 degrees 09 minutes 02 seconds West 679.32%,
feet along the west line of said Bilinski land to the
Point of Beginning; thence continuing North 00 degrees
09 minutes 02 seconds West 64.66 feet along said west
line to the centerline of State Road 23, also being the
northern boundary of said Bilinski land; thence North
58 degrees 07 minutes 20 seconds East 99.81 feet along
said centerline to the east line of said Bilinski land;
thence South 00 degrees 09 minutes 02 seconds East 64.66
feet along said east line; thence South 58 degrees 07
minutes 20 seconds West 99.81 feet to the Point of Begin-
ning,
but said two Mortgages do remain in full force and effect as to the
balance of the real estate therein described.
DATED this j/,7 ' day of August, 1983.
SOBIESKI FEDERAL SAVINGS AND
LOAN ASSOCIATIION
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for said County
and State, this // day of August, 1983, personally appeared Sobieski
Federal Savings and Loan A!1ZS1C_11_.:!5
ation, by r'�,p,?.�1,?
its i n ,V7- and acknow-
ledged the execution of the foregoing Partial Release of Mortgage.
IN WITNESS WHEREOF, I have subscribed my nam /,and affixed m g
cial seal. _ / ' .
G� e4.) Y, -,2,1J) Notary • t
My commission expires: A resident of St. Joseph County, N.
THIS INSTRUMENT PREPARED BY:
David V. Bent, BINGHAM, LOUGHLIN, MEANS & MICK, 400 Lincoln Way East, Mishawaka, IN
Air- I E
HAD OF PUBLIC WORKS
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