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Home My WebLink About#1354- Deed; CERTIFICATION OF PAYMENT OF COURT APPOINTED APPRAISERS' AWARD RE, Sludge Farm-;'t-13Sc( CERTIFICATION OF PAYMENT OF COURT APPOINTED APPRAISERS' AWARD (RE: SLUDGE FARM) 4t- /3s({ ' `J •,i �4�V �l�r`'� CERTIFICATION OF PAYMENT OF COURT 9ransterj_.a, , APPOINTED APPRAISERS' AWARD Taxing UnitL=WcXn Date S1 •- TO: THE AUDITOR OF ST. JOSEPH COUNTY, INDIANA: Carolyn V. Pfotenhauer, Attorney for City of South Bend, Indiana, on behalf of its Board of Public Works, certifies: 1. That the City of South Bend, Indiana, on behalf of its Board of Public Works, is the Plaintiff in the cause entitled Civil city of South Bend, Indiana, vs. William E. Mays and Velma L. Mays-, and St. JosephCounty Treasurer in the St. Joseph Circuit Court, Cause No. N-8449, being an action for the appropriation of the following described real estate in St. Joseph County, State of Indiana, to -wit: Part of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section 28, Township 38 North, Range 2 East and part of the Northeast Quarter (1/4) of the Northeast Quarter (1/4) of Section 29, Township 38 North, Range 2 East described as follows: Beginning at a point 40 feet West`of the Northeast corner of the West Half (1/2) of the West Half (1/2) of Section 28, Township 38 North, Range 2 East; thence South 950 feet on a line parallel with the East line of the West Half (1/2) of the West Half (1/2) of Section 28; thence West 983 feet more or less along a fence row on a line parallel to the North 307.1 ,� ` `�, North line of said Section 28; thence feet; thence West 737 feet, thence North 40 feet; MAY1984 thence East 737 feet; thence North 600 feet more or, less to the North line of the Section in Cleveland Jps'r''i Road; thence East 9$3 feet along said Section line r f4AGY 6' aUDI'T* DR to the place of beginning. st i l9 seHN COUNly C C ti ri..� 7 /• r!� Tfirl DULY i_1\ � .: : F : t, i r1�J �c il�N Subject to legal highways. ��PI i f�lna I' AUDITC)R ' 1 .>OSEPH CO,, INDIANA 2. That on the 30th day of April, 1982, Court appointed Appraisers returned their report to the Court, assessing total damages in the sum of $94,100.00, which sum the City of South Bend on behalf of its Board of Public Works, paid to the Clerk of said Court on the 24th day of May, 1982. WHEREFORE, the City of South Bend, on behalf of its Board of Public Works, by its attorney, Carolyn V. Pfotenhauer, makes this Certification for the purpose of inducing the Auditor of St. Joseph County, Indiana, to certify and transfer the herein before described real estate to the name of the City of South Bned, for the use and benefit of its Board of Public Works, in accordance with the Acts of 1905, Chapter 48, Section 7, as amended by the Acts of 1967, Chapter 193, I.C. 32-11-1-7 (being Burns Stats. Anno. Sec. 3-1708). South Bend, Indiana Dated : sl1/ P� Lau #lip CITY OF SOUTH BEND, INDIANA on behalf of its Board of Public Works By. V CAROLYN V. PFOT N UER ASSISTANT CITY ATT% NEY CITY ATTORNEY IS OFFICE INTER, -OFFICE MEMO TO: SANDY PARMERLEE DATE: MARCH 12, 1986 BOARD OF WORKS FROM: CAROLYN V. PFOTENHAUFR ASSISTANT CITY ATTORNEY SUBJECT; CITY OF SOUTH BEND v. WILLIAM E. MAYS, et al. I came upon this Certification of Payment of Court Appointed Appraiser's Award in the above captioned matter. This copy is for for your records. CVP/ j dh Enclosure / l 4 CITY of SOUTH BEN ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND- INDIANA 4WI BUREAU OF WASTEWATER 3113 Riverside Drive South Bend, 1N 46628 Casimir B. Rzepnicki, Mgr. Wastewater Treatment Plant Mr_ and Mrs. William -Mays 21346 Auten Road South Bend, IN 46628 Dear Mr. & Mrs_ Mays: (219) 277-B515 March 21, 1984 After receiving your call, I have looked into the situation regarding the transfer of your property to us. You are quite correct in your suspicion that the transfer is incom- plete. Following the deposit of the Court determined amount with the County Clerk, it is necessary to obtain a deed from the Clerk and then get it recorded. The latter operations have not been done. I have advised the necessary people of this deficiency verbally and additionally, by a copy of this letter. You may rest assured that I will continue to monitor their progress and exhort them to get this matter completed as soon as possible. Thank you again for your patience with us on this matter and I will keep you informed as we progress on it. ,truly yours, ad A. Wells Manager, Division of Ecological Services DAW/lit cc: John Leszczynski Michael Vance Carolyn Pfotenauer Morgan Peck 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 Bend City Engineer Dave 11ells 0 rnmufTu CHIT u_ 40293 Proposed Insured - LOAN: 5 C H E D U L E A EFFECTIVE DATE: December 11, 1981 at eight o'clock A.M. Proposed Insured -OWNERS: City of South Bend 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: William E. Mays and Velma L. Mays, husband and wife The land referred to in this Commitment is described as follows: situate in St. Joseph County, in the State of Indiana: Part of the Northwest Quarter (n) of the Northwest Quarter NO of Section 28, Township 38 North, Range 2 East and part of the Northeast Quarter (4) of the Northeast Quarter (4) of Section 29, Township 38 North, Range 2 East described as follows: Beginning at a point 40 feet West of the Northeast corner of the West Half (-) of the Nest Half (Z) of Section 28, Township 38 North, Range 2 East; thence South 950 feet on a line parallel with the East line of the hest Half () of the West Half (-) of Section 28; thence [Vest 983 feet more or less along a fence row on a line parallel to the North line of said Section 28; thence North 307.1 feet; thence West 737 feet; thence North 40 feet; thence East 737 feet; Clevelandthence Road; thencefeet Eastn1983 feetless along said North Sectionline the line to Section in the Place of beginning. Subject to legal highways. AMERICAN LAND TITLE ASSOCIATION COMMITMENT FORM NO. 2288 b C HE D U L E B Commitment No. 40293 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 8 the General Exceptions set forth below. Any Loan Policy will contain under Schedule 8 General Exceptions I, 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. N end W 2- N114 EX 4. 11 AC NW Cor. . Se Taxes for the year 1980 due in t4ay of $172.66 are paid. . 28-38-2E: and November, 1981 in the total amount Tax Unit 25 Key 1010 0371. Land Val. $1760.00; Imp. Val. $100.00; Net Val. $1860.00. Taxes for the year 1981 due in May and November, 1982. 2. Rights of way for drainage ditches, feeders and laterals, if any. 3. Easement granted by Sarah A. McCombs, to Indiana & Michigan Electric Company, dated June 30, 1936 and recorded August 10, 1936 in Deed Record 284, page 568. Note: Said easement is not definitely located. Note: A judgment and bankruptcy search as to William E. Mays and Velma L. Mays, discloses no liens of record. Bankruptcy search limited to December 4, 1981 and search date of the Mishawaka Superior Court Records limited to December 11, 1981 at eight o'clock A.M. FORM NO. 2289 r• The term CONDITIONS AND STIPULATIONS 2. Of the prop,.,,,,ofan ��• l hen used shall include deed of trust, trust deed, or other security instrument, herein, other molt ed has those er aecr ng rh or ocgurres actual knowledge of any defect, lien, encumbrance, adverse claim the CoSthowR ,n Schedule 3 estate or interests or mortgage thereon covered by this Commitment other than hereon to shall b'= reties hereof, and shall fail to disclose such knowledge to the Company in writing, ° the extent ed from Gab;lity for any loss or damage resulting from an Insured sh 11 the Cone y Oct of reliance edge as disc:, such kr, Paled s prelud,ced by failure to so disclose such knowledge. If the proposed amend fSch Schedule ofect, lima encg,ebranCe to file Company, or if the Company otherwise acquires actual knowi- of this adverse claim or other matter, the Company at its option may from l' r CamnlitR ent accordingly, but such oRlendinent ability p ev,aus,y incurred pursuant shall not relieve the may 3. Liability Cvr1� to Paragraph 3 of these Conditions and Stipulations. of the pony under this Commitment shall be only t parties included under the definition of Insured in the form of y I the named r actual loss incurred in reliance hereon in proposed Insured and such policy or policies committed for and only for Undertaking in good faith Of, or (b) to eliminate exceptions shown in Schedule B, or c to acquire or create the (a1 to comply with the requirements here - mortgage thereon covered b Ihis� u Y Comm -Commitment. In no event shall such liabilityestate or interest or Schedule A for the policy or policies committed for and such liability is subjectto eh the amount stated in the Exclusions from Coverage and the Conditions and Stipulations of the form of alit for in favor of the proposed Insuring provisions, p posed Insured which are hereby incorporated by reference and are or Policies committed Commitment except as expressly modified herein. part of this 4. Any action or actions or rights of action that the proposed Insured may have pony arising out of the status of the title to the estate or interest or status a or may bring against the Com- by this Commitment must be based on and are subject to the provisions of this Comm iitt mortgage covered This Commitment shall be effective only when the identity of the proposed Insured and th P•-,i,cy Y or policies committed for have been inserted in Schedule A hereof b the Compane amountY- either at the tiof mm the the issuance of this Commitment or by subsequent endorsement, e of 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 or policies is not the fault of the Company, policy 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 an authorized signatory. Issued by: THE ABSTRACT & TITLE CORPORATION OF SOUTH BEND 135 South Lafayette Boulevard South Bend, Indiana 46601 (219)233-8258 1; Authorized Signatory THO:JAS J. MCFADDEN VICE .PRESIDENT 1115Uq 11 o!G9APORATf•'•,p Z .�� CHICAGO TITLE INSURANCE COMPANY ATTEST: President, Secretary F2290