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Home My WebLink About#1316- Deed; RELEASE OF EASEMENT Second Section (3505 Monticello)RELEASE OF EASEMENT from City of South Send. UT : Lot 6, Fairfax Estates, Second Section. (3505 MONTICELLO CT.) CITY ATTORNEY 'S OFFICE 6 E q\,T ER-� F1 FXF(_4 MEMO TO: SANDY PARMERLEE, CLERK DATE, MARCH 1, 1984 BOARD OF WORKS FROM: CAROLYN V. PFOTENHAUER ASSISTANT CITY ATTORNEY SUBJECT: FAIRFAX ESTATE LOT 61, RELEASE OF EASEMENT Apparently the error in the letter from Larry Bush, mortgage broker for Stability, Inc., referring to Lot 6 in Fairfax Estate was carried over into the legal description of the easement in the release. I have talked with Mr. Bush and with Karen at Abstract Company of St. Joseph County, Inc., and have made arrangements for the correction of easement and recording of the corrected easement. We should be receiving a copy of the corrected easement in about 10 days. Please let me know if you do not receive it so I can follow-up. 4/12/84 Carolyn, I didn't get anything back yet - did you? Thanks. Sandy ..ice ., S 6n ra�ii. Parmerlee, Clerk ca Pa€;c 1 o C 2 Page 1 of 2 CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 January 31, 1984 BOARD OF PUBLIC WORKS John E. Leszczynski. President Richard L. Hill Joseph E. Kernan Mr. Larry Bush Mortgage Broker Stability, Inc. 508 West Washington South Bend, Indiana RE: RELEASE OF EASEIENT Dear Mr. Bush: 219/284.9412 In response to your letter of January 20, 1984, regarding a release of easement on the property located on Lot 6, Fairfax Estates, Second Section, enclosed is an executed original Release of Easement approved and executed by the Board of Public Works. For your information, Board member Richard L. Hill was not in attendance and therefore the easement lacks his signature. Confirming our telephone conversation with Ms. Pam Thompson of your office, the abstract company will handle the recording of the Release of Easement. I would appreciate receiving a copy of the Easement indicating recordation for our files. If you have any questions regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS -Sandra M. Parmerlee, Clerk SMP/MD Enclosed L It�.�L "( - f✓I _64-i V1 xx-/ cly- Sandra M. Parmer ee, Clerk rri fr3 �7 r� Page 1 of 2 8404229 r' WA CAA AK CO' I.K FE5 RELEASE OF EASEMENT S No SD N CC' F1LEJ FOR The Civil City of South Bend by and through its Board o Public Works hereby releases and terminates all interest in the hereinafter described public utility and drainage easement located on Lot 61 Fairfax Estates, Second Section, South Bend, Indiana, commonly known as 5305 Monticello Court, South Bend, Indiana. Seven and five tenths (7.5) feet in width, along ' the South line of Lot 61,Fairfax Estates, Second Section, and extending North for a distance along the South end of the West line of the lot, all as shown by broken lines on the reap of the recorded plat in Plat Book 26, page F, in the Office of the Recorder of St. Joseph County, Indiana. IN WITNESS WHEREOF, the members of the Board of Public Works of the City of South Bend, Indiana, hereunto set their hands and seals on this 30th day of January, 1984. --his document is being re --recorded to correct a typographical error in the Lot Number. t �L A TT�S T : Jel ►� .tip `'' Sandra M. Parmer ee, Clerk CITY OF SOUTH BEND, INDIANA BY ITS BOARD OF PUBLIC WORKS D JbzelSh E . Y.erna v � � C�QQ �Zy rr, ,Si w r L� CYa page I of 2 STATE OF INDIANA ) )SS ST. JOSEPH COUNTY ) Before me, a notary in and for said County and State, personally appeared John E. Leszczynski, and Joseph E. Kernan, known to me and constituting the Board of Public Norks of the City of South Bend, Indiana, who acknowledged the execution of the above and foregoing instrument as their free act and deed this 30th day of January , 1984. Lh Sandra M. Parmerlee, Notary Public Resident of St. Joseph County 1-71-1 COI�3�Slk^.. E::PTRES 19.54 Instrument Prepared By Carolyn V. Pfotenhauer, Assistant City Attorney, City of South Bend, Indiana 2 - Stability, Inc. 508 West Washington South Bend, IN 46601 (219) 287-4644 (219) 674-9474 January 20, 1984 Clerk of Board of Works Room 1308 County -City Building South Bend, Indiana 46601 ATTENTION: Sandy Parma1ee Dear Ms. Parmaiee: Per my conversation on this date with Mel 1lumphry, we are requesting a release of easement on the property located on Lot 6, Fairfax Estates, Second Section. We need this release in order to complete the mortgage transaction on this property. The information that you need to prepare the release is included on the attached title policy and survey. As you can see the home encroaches into said 7.5' easement approximately 4 feet. Please give this matter your prompt attention and forward your release to me at the above listed address. Thank you. Si cerely, BILITY, C. L rry B sh, Mortgage Broker n Residence-' (219) 288-7241 LARRY BUSH MORTGAGE BROKER Stability, Inc. OFFICE 508 West Washington (219) 287-4644 South Send, 1n 46601 (219) 674-9474 i iviuiv r ivv. -. * ..- - 9 e 11 13 VIM le Insurance Corporation National Headquarters Richmond, Virginia 'MENT FOR TITLE INSURANCE SCHEDULE A 1 . Effective Date January 6, 1984 at 8 : 00 a.m. Case No 29455 2 Policy or policies to be issued (a) Amounts 61,500.00 ALTA Owner's Policy —Form 8-1970 (Rev. 10-17-70) ❑ ALTA Residential Title Insurance Policy-1979 Proposed insured' MELVIN I. MILLER AND A. PAULINE MILLER, HUSBAND AND WIFE (b) ALTA Loan Policy, 1970 (Rev 10-17-70) Proposed insured STABILITY, INC . (c) Proposed insured Amounts 20,000.00 Amount S 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: DAVID A. LORD AND LUCINDA A. LORD, HUSBAND AND WIFE 4. The land referred to in this Commitment is described as foliows: The following described real estate located in St. Joseph County, Indiana: Lot Numbered Sixty-one (61) as shown on the recorded Plat of Fairfax Estates, Second Section, recorded in Plat Book 26, page F in the Office of the Recorder of St. Joseph County, Indiana. ABSTRACT COMPANY OF ST. JOSEPH COUNTY, INC. Countersigned at SOUTH _BEND, INDIANA C� Authorized, 'fficer or Agent 7 Form No. 91 .88 (SCH A) t/ Commitment No. Schedule A —Page 1 This commitment is invalid unless the Insuring Provisions and Sched- ules A and B are attached. Prepared for: Ldu)yers Title Insurance Corporation Stability, Inc. National Headquarters Richmond, Virginia COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date January 6, 1984 at 8 - 00 a.m. Case No 2945 2 Policy or policies to be issued: (a) Amounts 61,500.00 ALTA Owner's Policy --Form 13-1970 (Rev. 10-17-70) ❑ ALTA Residential Title insurance Policy-1 979 Proposed insured-. hrIELVIN I. MILLER AND A. PAULINE MILLER, HUSBAND AND WIFE (b) ALTA Loan Policy, 1970 (Rev. 10-17.70) Proposed insured. STABILITY, INC. (c) Proposed insured - Amount s_20,000.00 Amount $ 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: DAVID A. LORD AND LUCINDA A. LORD, HUSBAND AND WIFE 4. The land referred to in this Commitment is described as foliows: The iollo-wing described real estate located in St. Joseph County, Indiana: Lot Numbered Sixty-one (61) as shown on the recorded Plat of Fairfax Estates, Second Section, recorded in Plat Book 26, page F in the Office of the Recorder of St. Joseph County, Indiana. ABSTRACT COMPANY OF ST. JOSEPH COUNTY, INC. Countersigned at SOUTH BEND INDIANA i Authorized fficer or Agent Form N0. 31 • 88 (SCH A) Commitment No. Schedule A —Page 1 This commitment is invalid unless the Insuring Provisions and Sched- ules A and B are attached. LdwyersTitle Insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: n in s or other y, created. first appeari g 1 Defects, liens. encumbrances, adverse nt to effective date hereof butlprior o h date rof the nproposed insured acquires fort value of e public records recordhe estate or subseque interest or mortgage thereon covered by this Commitment. 2, Riers not shown ghts or claims of parties in possession, boundary litned Icpua eslsurvely andeinspe inr roacnspection the land descny eribed itn Schedule A by the public records which would be disclosed by 3. Easements, or claims of easements, not show1. n by the -public records. 4. Any lien, or right to alien, for services, labor or material heretimposed by lawand not shown by the ofore or hereafter furnished, public records. re not shown ase�xisting liens by either the public records or the records of any taxing authority 5 Taxes or assessments which a that levies taxes or assessments on real propeY 6. Taxes for the year 1983, payabl` in 198� the ear 1982,.payable in, 1983 in two installments in the 7• Taxes for Y rv. $14,000. _ 23-1038-212 amount of $6entre - 1982bValuations: (Land $1670 •i$p1000. Total South Bend C Res. Land $1670. Res. Irtiprv. $14,000. Exemp. Mt g $14,670. from Count 's tax computer, is for limited NOTICE: Above information; y figures or exemp- purpose only, and may not reflect�ruosest contact eappropriate authori- tion status. For tax proration purposes, ties for current information. HER NOTICE: The County's tax computer print out indicates done FLIRT ,� applies to this real estate- _ s • Irttp ry the Homestead tax credit a p "Res. Land" and 'Re �f there is a discrepancy by the addition of two valuation itemsG�• We have added these for your ccnv�n_--- regular valuations, also s"o`" r between these added items and the egiven to the insured that is an indication that full credit may not be d P remises. please contact the locascrowopurposesor detailed informa- tion for tax proration and/or tax Twenty-five foot building line back from and parallel with Fairfax 8. Y g parallel urt and an easement for public utilities and Drive and twenty-five building line back from an with So. Monticello CONTINUED an can assume support of a mortgage loan, attention is directed to the fact ance wthat ith the requirements of NOTE: If policy is to be issued in supP instructions, or insured Closing Service for com e loan. no liability under its policy, the closing any consumer credit protection or truth in lending law in connection with said mortgage This commitment is invalid unless schedule B-Section 2-Page 1 -Commitment No. the Insuring Provisions and Sched- ules A and B are attached. Form NU 3 •Eo'8 7! rFNTR.AL vF-t-nrrJ-P504/5 nia,' mil �i! n Lau yers title insurance Corporation NATIONAL HEADQUARTERS Richmond, Virginia SCHEDULE B— 2 cont'd. drainage 7.5 feet in w3-dth along the South line extending North for a distance along the South of the lot, all as shown by broken lines on the plat in Plat Book 26, page F. Restrictions do forfeiture or reversion for violation thereof. of the lot and end of the West line map of the recorded not provide for 9. Restriction contained in Plat dated�.September 15, 1972 and recorded September 21, 1972 in Plat Book .26= pagz, _F as follows-. "No resiaence shall be con " ri.'.th .s _--S6cond section having a first floor elevation of less than"843 .00 ft" Restriction does not provide: for forfeiture- or. rever,sIon foie violation thereof. 10. We have made a special 3 udam -nt search =.for the ten years ldasnopast I. Miller Ar,d-. A'. Pauline il,� Mler, against Melvinin:.i1�. Lj individually, and find northing. 035.1.99g-0040/2 Schedule B-2 Poge�? No. ORIGINAL o1ho '� ' MORTGAGE SURVEY SURVEY ORDERED BY- CRESSY & EVERETT SURVEY DATED: JAN. 16, 1984 FILE No. 84160 THIS REPORT IS BASED ON LIMITED ACCURACY DATA AND THEREFORE NO DATA HEREIN SHOULD BE USED FOR ESTABLISHING BOUNDARY OR FENCE LINES. PROPERTY ADDRESS: 5305 MONTICELLO COURT, SOUTH .BEND, INDIANA. 7 5 , 0 •-� �• Ni � MORTGAGE SURVEY SURVEY ORDERED BY: CRESSY & EVERETT SURVEY DATED: JAN , 16, 1984 FILE No. 84260 LIE GAkL DcSCr�iP T 10N MORTGAGE SURVEY ORDERED BY: CRESSY & EVERETT SURVEY DATED: JAN _ 16, 1984 FILE No. 84160 THIS REPORT IS BASED ON LIMITED ACCURACY DATA AND THEREFORE NO DATA HEREIN SHOULD BE USED FOR ESTABLISHING BOUNDARY OR FENCE LINES. PROPERTY ADDRESS: 5305 MONTICELLO COURT, SOUTH BEND, 1NDIANA. � 75 PC 0 .3f V S P�1d� L�ri� ------------- FAIRFAX DR. This Lot DOES NOT fall within the FLOOD HAZARD AREA as defined by H. U. D. PEI CE & ASSOCIATES LAND SURVEYORS & PROFESSIONAL ENGINEERS 51744 TROWBRIDGE LANE SOUTH BEND, INDIANA 46637 Sheet 1 of 2 MORTGAGE SURVEY ORDERED BY: CRESSY & EVERETT SURVEY DATED: J A N. 16, 1984 FILE No. 84160 TO: SURVEY LEGAL uESCRiP T ION LOT # 61 IN THE RECORDED PLAT OF "FAIRFAX ESTATES SECOND SECTION", AS RECORDED IN THE RECORDS OF ST. JOSEPH COUNTY, INDIANA. STABILITY MORTGAGE CO. AND: Any title insurance underwriter who insures the title to the surveyed premises. I, the undersigned, an Indiana Registered Land Surveyor, hereby certify that on the date shown, I supervised the inspection of the real estate described herein at the Address indicated. THIS LOCATION It.EPOR"r WAS PREPARED FOR USE BY THE DESIGNATED PARTIES ONLY AND FOR NO ONE ELSE. THE ACCURACY OF THE LOCATION DATA SHOWN IS LIMITED TO THAT REQUIRED BY THE INDIANA "SURVEYOR LOCATION REPORT" MINIMUM REQUIREMENTS UNLESS OTHERWISE SPECIFIED AND EXPLAINED ON THIS DOCUMENT. IF A MORE ACCURATE OR DETAILED LAND SURVEY IS DESIRED OR IF CORNER MONUMENTS ARE REQUIRED, AN INDIANA LAND TITLE SURVEY SHOULD BE ORDERED. I further certify that to the best of my knowledge this Location Report conforms with the SURVEYOR LOCATION REPORT Minimum Re u' en as adopted by the Indiana Society of Professional Land Surveyors, Inc., on January 29 1, anjdk-provefl by the Title Underwriters of Indiana, Inc., on March 20. 1981. CERTIFICATION DAT SURVEYORS SIGNATUR Ot,10J#A#S0%d ; , �.p'�. �Z;�;. O• 2 t" O. S0318 :`` STATE OF cL i �EH CFE81, AS`S7-`0jU0`AATES - �••.... sv � 1/IV/�4 H. Douglas Peirce L_S. LAND SURVEYORS & PROFESSIONAL ENGINEERS 51744 TROWBRIDGE LANE SOUTH BEND, INDIANA 46637 Sheet 2 of 2 2/28/84 Rich, oar'ci�2Edldcl!/v�� On January 30, 1984 the Board approved and executed the attached Release of Easement. It has come to my attention that there was a typo in the Easement and Lot 6 should have read Lot 61. The abstract company was going to handle the recording of this easement. How do we correct this mistake? Thanks. Sandy T nd by and through its Board of rminates all interest in the y and drainage easement located ection, South Bend, Indiana, )urt, South Bend, Indiana. feet in width, along .irfax Estates, Second h for a distance along line of the lot, all as 'e map of the recorded , in the Office of the Joseph County, Indiana. IN WITNESS WHEREOF, the members of the Board of Public Works of the City of South Bend, Indiana, hereunto set their hands and seals on this 30th day of January, 1984. D-"' -*0:/.5/ RELEASE OF The Civil City of South Bend by and through its Board of Public Works hereby releases and terminates all interest in the hereinafter described public utility and drainage easement located on Lot 53 6, Fairfax Estates, Second Section, South Bend, Indiana, commonly known as 5305 Monticello Court, South Bend, Indiana. Seven and five tenths (7.5) feet in width, along the South line of Lot , Fairfax Estates, Second Section, and extending North for a distance along the South end of the West line of the lot, all as shown by broken lines on the map of the recorded plat in Plat Book 26, page F, in the Office of the Recorder of St. Joseph County, Indiana. IN WITNESS WHEREOF, the members of the Board of Public Works of the City of South Bend, Indiana, hereunto set their hands and seals on this 30th day of January, 1984. ATTI SST: Sandra M. Parmer ee, Clerk CITY OF SOUTH BEND, INDIANA BY ITS BOARD OF PUBLIC WORKS i 117 o n E. Leszc y s i Richard L. Hill o J E. Kernan Page 1 of 2 STATE OF INDIANA ) ST. JOSEPH COUNTY )SS Before me, a notary in and for said County and State, personally appeared John E. Leszczynski, _and Joseph E. Kernan, known to me and constituting the Board of Public works of the City of South Bend, Indiana, who acknowledged the execution of the above and foregoing instrument as their free act and deed this 30th day of anua , 1984. Sandra��M�Prmerlee, Notary Pub is Resident of St. Joseph County MY COMMISSION EXPIRES: June__18, 1984 Instrument Prepared By Carolyn V. Pfotenhauer, Assistant City Attorney, City of South Bend, Indiana - 2 - �d [.11'FIVT JI. JVitit a t, .. 'S; lyty� (D'�p ATS�II.Aklt Gii U! RELEASE OF EASEMENT 15. Ft1.E'J FOR �CC:�O The Civil City of South Bend by and through its Board o the Public works hereby releases and terminates all interest in located Pub1 easement public utility and drainage hereinafter described p Indiana, on Lot 6, rairfax Estates, Second Section, South Bend, c onunonly known as 5305 Monticello Court, South Bend, Indiana. !' along Seven and five tenths (I'Fafeet in width, Fairfax Estates, Second the South line of Lot 6' Section, and extending North forfathe distanCeaalonas g lot the South end of the West brie o of the recorded shown by broken lines on the map '�. plat in Plat Book 26, page F, in the Office of the ' P�ecorder of St. Joseph County, Indiana. IN WITNESS WHEREOF, the members of the Board of Public "orks of the City of South Bend, Indiana, hereunto set their hands and seals 1984. of January, on this 30th day ra hical -his document is being re -recorded to correct a tYpo gP error in the Lot Number. ByTITOSFBOARDSOUTHD IANA OF PUBLIC WORKS i *on . Leszc Y s •i - C.I .- rn•, � - J 1-li I t cm - Richard L. iu J E Kernan sb- CL ! ATTEST: ,j Clerk x/i Sandra A1. Parmer ee, Page 1 of 2 i'fNIAi U7 JI. tU,-LI N I. 1 7Z...•'� VIAN RELEASE OF EASEMENT $' J05 -r Cam. IsoiA jA r.ILE'J FaR ECORO The Civil City of South Bend by and through its Board o Public Works hereby releases and terminates all interest in the hereinafter described public utility and drainage easement located on Lot 6, Fairfax Estates, Second Section, South Bend, Indiana, commonly known as 5305 Monticello Court, South Bend, Indiana. Seven and five tenths (7.5) feet in width, along the South line of Lot 61,Fairfax Estates, Second Section, and extending North for a distance along the South end of the West line of the lot, all as shown by broken lines on the map of the recorded plat in Plat Book 26, page F, in the Office of the Recorder of St. Joseph County, Indiana. IN WITNESS WHEREOF, the members of the Board of Public Works of the City of South Bend, Indiana, hereunto set their hands and seals on this 30th day of January, 1984. 'his document is being re -recorded to correct a typographical error in the Lott Number. CITY OF SOUTH BEND, INDIANA BY ITS BOARD OF PUBLIC WORKS E. Leszcyrlskzi CrIL - L =i'- Richard L. Hill -Z Cl Y -_ YtL o (_ -� C3 `') -�E J e E . Kernan ATTEST: Sandra M. Parmer ee, Clerk Page ]_ of 2 ��•�:� . STATE OF INDIANA ) )SS ST. JOSEPH COUNTY ) Before me, a notary in and for said County and State, personall1 appeared John E. Leszczynski, �t3e�d_I� _�i333_and Joseph E. Kernan, known to me and constituting the Board of Public Works of the City of South Bend, Indiana, who acknowledged the execution of the above and foregoing instrument as their free act and deed this 30th day of january 1984. Sandra M. Parmerlee, Notary Public Resident of St. Joseph County COi',-W,i`� ON E:,PIRE S ..;un, I. �L934 Instrument Prepared By Carolyn V. Pfotenhauer, Assistant City Attorney, City of South Bend, Indiana 1)