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HomeMy WebLinkAbout#1337- Deed; GUARDIAN DEED From Glen D. Seely to Civil City of South Bend as shown on the recoded plat of Dubail's first addition to the City of South Bend4,,113 37 PERSONAL REPRESENTATIVE'S OR GUARDIAN'S DEED FROM GLEN: D. SEELY TO CIVIL CITY OF SOUTH MZ, IN, LOTS 1 AND 2 AS SHOWN ON TH RLCORDED PLAT OF DUBAIL' S FIRST _ODI`I'ION TO THE CITY OF SOUTH BEND. CITY ATTORNEY IS OFFICE INTER -OFFICE MEMO TO,, SANDRA PARMERLEE DATE: APRTL 17, 1985 CLERK, BOARD OF WORKS FROM: CAROLYN V. PFOTENHAUER �\�A ASSISTANT CITY ATTORNEY SUBJECT: SOUTH SECTOR STATION - LAND PURCHASE You will recall that the City, acting through its Board of Public Works, purchased the South Sector Police Station on a land contract. The contract has been paid off and I am forwarding herewith a copy of the Title Insurance a Petition for Authority to Convey Real Property, Order on Petition for Authority to Convey Real Property and a Personal. Representative's Deed transferring the property to the Civil City of South Bend. The Deed should be recorded and the remaining documents should be kept in your files. CVP : j j In witness whereof, I have hereunto supscrioeu illy name and affixed my official seal, this ____'nth ------- day of Aril_ --------------- 19--5• ------------- ----------`=----------------- Notary Pubd7c DeVere D. Goheen, 'yam. Februa.r 14 1()86 My commission exDires------------------------------' -- - - - 3 Indiana );<;; ;... ,:�:,.,, Joseph Corr y> Exaynined, approved and ordered delivered in open court this __-.____ day of c; .s rn :Do r t Judi If the St. __ Court yReff; Burns 7-918 3 37 ?' PERSONAL REPRESENTATIVE'S ;..�..: OR GUARDIAN'S DEED 8507761- 9 r Ronald E. Little Executor as -- of the estate of ----- -Glen D .� Se e ly------------------------- - - - -- -- - --- - - - - -- by order of the -----------Probate —___-- _-- Court ------------------ - - St. Joseph County Bar Assorlation Probate Form No. 23 AUDITOR'S RECORD Transfer No_ ----- Taxing Unit ------ --------- Date -------- ---?---1__4 _J_CI--- 3-5— of St, Joseph County, in the State of Indiana, entered in Order Book ---------------- - --------- _.-.- of the recorder of said Court, on page ---------- _----- for and in consideration of the sum of ------ 00--- - ------- --_----- ------------- _ Dollars, the receipt whereof is hereby acknowledged, conveys to CIVIL_ CITY _OFSOUTH BEND __in St. - Joseph County, Indiana, ----- —---- ------- W_-- ---------------- - ---- __— ------ . the following REAL ESTATE, in St. Joseph ----- County, in the State of Indiana, to -wit: Lots 1 and 2 as shown on the Recorded Plat of Dubail's First Addition to the City of South Bend. Subject to all taxes, assessments, restrictions, covenants and easements of record. Signed and dated this ___4_Gh____ day of -_Aril----------- STATE OF INDIANA, ST. JOSEPH COUNTY, ss: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared: Ronald E. Little, Executor of the estate of Glen D. Seely, and acknowledged the execution of the foregoing deed. In witness whereof, I have hereunto subscribed my name and affixed my official seal, this __r-�'th ------ day of Ji.Y ,, .. , f s fSLii AUDITOR ST. JOSf-PH C0.1 Pi''M1ANA --------- -- ----- 7 19 §,5 -. d_ SEAL Ronald E. Little, Executor - - - - SEAL "n -o rn —+ C= C2 r-'J c-> crn 7Q. � 0 T_ V April - ---- 19-- 85• " t� DeVere D. Goheen, Notary Public r� February 14, 1986 M•y , ommissio res -------------------------- - - ----- -------------- sidInc .`:`„ -. Joseph Couty, Indiana Examined, ap,, roved and ordered delivered in open court this - day of ___`__..._� _-_ �•--- 19 1 �--__--- ----------- --------------- oJudgof the St. Joseph ppm-------- Court This instrument was prepared by veVere D. __Goheen 601 1`2tional B-------- Southzz! _}31 __c�i1 �_.----_ _ - -------I---------=-------- ------------------ Bond, 1.1iC 1.@na 46601 Member St. Joseph, County Indiana. Bar Association Ravel-",.a.,o ST..JOSEPH CO. IHDIAN' A FILED FOR REGORD ✓APR 30 I� 44 A1i'M FILM MO. ....__...,�pay.... �11ANDA A[.. rr1,1101N K N D7 E, —: � �U.e I J3_ i " y s -17 9 fU 12 14 8 11 13 M Prepared for: Lawyers Title Insurance Corporation D • D . Goheen , Attorney at Labs National Headquarters Richmond, Virginia COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date Case No. 45395 April 1, 1985 at 8:00 A.M. 2 Policy or policies to be issued - (a) Amount S ALTA Owner's Policy —Form 13-1970 (Rev 10-17-70) ALTA Residential Title Insurance Policy---1979 Proposed insured: CITY OF SOUTH BEND, ACTING BY AND THROUGH IT: BOARD OF PUBLIC WORKS (b) ALTA Loan Policy, 1970 (Rev. 10-17-70) Amount S Proposed insured (c) Proposed insured: Amount S 65,722.00 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: DEVISEES OF THE LAST WILL OF GLEN D. SEELY, DECEASED; SUBJECT TO THE RIGHTS OF RONALD E. LITTLE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SAID DECEDENT; ESTATE NO. 36055, IN ST. JOSEPH COUNTY PROBATE COURT. 4, The land referred to in this Commitment is described as follows: The following described real estate located in St. Joseph County, Indiana: Lots Numbered One (1) and Two (2) as shown on the recorded Plat of Dubail's First Addition to the City of South Bend, in St. Joseph County, Indiana. Countersigned at South Bend- Tn i naa ABSTRACT COMPANY OF ST. JOSEPH COUNTY, INC Authorized Officer or Age t C 7�G Form No.91-88iSCH.A) 035.1-088-0001/3 ORIGINAL Commitment No. — Schedule A —Page 1 This commitment is invalid unless the Insuring Provisions and Sched- ules A and 8 are attached. Lau-Yers Title Insurance Corporation NATIONAL HEADQUARTERS RICHMOND. VIRGINIA SCHEDULE $_2 cont-d. 9- continued Miriam J. Harvey, husband and wife, dated November 30, 1973 and recorded December 3, 1973 in Deed Record 779, page 210, a copy of Which is attached hereto and made a part hereof. �0• We have made a special judgment search for the ten years last past against the proposed purchaser and find nothing. 035-1-999-004012 Schedule B-2 page 2 No. 45395 ORIGINAL Lilh. U.S �t s td—wyers rT tle jns urance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINtA COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 2 Exceptions The policy or policies to be issued will contain exceptions to the faflowing unless the same are disposed of to the satisfaction of the Company: 1 • 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 of the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession, boundary line disputes, overlaps, encroachments, and any other matters not shown by the public records which would be disclosed by an accurate survey and inspection of the land described in Schedule A. 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 faw and not shown by the Public records. 5. Taxes or assessments which are not shown as existing liens by either the public records or the records of any taxing authority that levies taxes or assessments on real property. 6. Taxes for the year 1985, payable in 1986. 7. Taxes for the year 1984, payable in 1985 as follows: Lot 1: Spring installment of $280.99, unpaid. Fall installment of $280.99, unpaid. (Key No. 18-7042-1653 - South Bend) i984 Valuations: Land $4,950. No zmprv. No Exemp. Total $4,950. Lot 2: Spring installment of $904-29, unpaid. Fall installment of $904.29, unpaid. (Key No. 18-7042-1654 - South Bend) 1984 Valuations: Land $5,060. Imprv. $10,870. No Exemp. Total $15,930. NOTICE: Above information, from County's tax computer, is for limited purpose only, and may not reflect current assessment figures or exemption status. For tax proration purposes, contact appropriate authorities for current information. 8. Subject to the rights of City of South Bend, acting by and through its Board of Public Works by virtue of an unrecorded Land Contract from Glen D. Seely, dated September 17, 1984. 9. Pasty Wall Agreement contained in Deed from Glen D. Seely and Kathern A, Seely, husband and wife, to George M. Harvey and (Continued) NOTE: If policy is to be issued in support of a mortgage loan, attention is directed to the fact that the Company can assume no liability under its policy, the closing instructions, or Insured Closing Service for compliance with the requirements of any consumer credit protection or truth in lending law in connection with said mortgage loan. This commitment is invalid unless the Insuring Provisions and Sched- ules A and B are attached. Schedule B-Section 2-Page 1-Commitment No. 45395 Form No. 91.88(8-2)CENTRAL 035.1-088-8504/1 ORIGINAL huNers Title Insurance Corporation National Headquarters Richmond, Virginia SCHEDULE B—Section 1 Requirements The following are the requirements to be complied with Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(S) creating the estate or interest to be insured must be executed and duly filed for record, to-wll. I. Properly executed Personal Representative's Deed to proposed purchaser. This commitment is invalid unless the Insuring Provisions and Sched- ules A and B are attached. Form Nu 91 BB iB - 11 035-1 088-00033 Schedule B-Section 1 -Page 1 -Commitment No ORIGINAL 45395 MAIL To (K.X" eo�.no,rr a,....ra o•. ,a..m., cr _.•+r •--.re��n rn•r ..:a�a�: r... f� fr-A, �n,, _L �1 a`?C�S7 cr�� fihia tndvnturo rrltnoz,�h t@,Qt "f St. Joseph Convey onus wc:ront So G L M D. E7rT-E an, r.A -D3 1 L'--'7 3 A =J1YII Y"; husband aML nifo, ba:.al; the CZIZO a dentl4�� poraono who took title by dood dmted CiB �"1;...- racordod 6/13/51 in Door 48o- at paCO 151, County in O._- 4:r-" of Iytdinnn GEQEGE M. f�' PVEr and 11MIM-1 J . H&RVE i , husband and nifo, of St. Joseph County in eha Sacta of for and inconsideration of one dollar and othor GOod andq v lunbla Cry i(20'M' 6—i0n, the receipt whereof is hereby acknowledged, the fdlowirtiq Peal Ezentx in Qt. Joni h in the State of Indiana, to twit: Lot Numbered Three (3) as shown on the recorded Plat of Bubnil'o 1'irst Addition to the City of South Bend, in St. Joseph County, Indiatna . Subject to 1/12 of the 1973 takes payable in 1974, and to all assessments, restrictions, covenants and easamento of record. Subject further to the right of the grantors, their aucceoaoaa asd assigns, as owners of Lot 2 of Dubail'o First Addition and tho build- ing next north of and adjacent to the real oatato herein cold to u o the north well of the building now situate on the real ontat© haraim sold as a party wall with full right of roof support upon laud in said wall with right to have said Mall maintained as a partition wall co long as the existing building or any form theroof now situato or, Lot 2 shall remain. With the further continuing right to drain roof wator f mo tho roof of the building on said Lot 2 to the roof of the building on oaid Lot 3, all of which rights and privilegeo shall bL no covenantee run- ning with the land herein sold and shall ba bindinG upon the ouc- cessors in title, their heirs and naaigna. 30th November Signed and dated this day of State of Indiana, St. Joseph Coamty, is: Hrforr mr, the undersignrd, a Notary Public in and for mid County and Stair, personekV appevred. Glen D. Seely and K.athern A. Seely husband and nifo, known to me to b: the same and identical pe rriona who took title by deed dated 6/8/51, recorded 6/13/51 in Book 486 at pai 131, and arknouledgrd the exsautlon of the foregoing deed. In Witness whereof, 1 hmr hereunto subsmibed my name and affixed • aff7ovember s_ 73 . MY a//icid u�al: l2ly Ye Ye rer e n -• Na®y P.dr ,lfy�eoMmiini0n rrpit� February 14, 1974 Glen D. Sooly/ Kathern A. Cooly OF f�l iPJJ ra m m -d Ci A > V t'd i? •p�•-� � -79 � ant.{ I` DeVere D. Goheon 402 Hationral Annh Buildings $oath II_oT�AIn9, o .,�, • ; � �� egg; �.�,a..� j,'."111LIS7-'�}{, ,Icr � ST. JOSEPH PROBATE COURT STATE OF INDIANA jr)in .��,`���ac G3 Jg�' ESTATE NO. 3G055 ST. JOSEPH COUNT IN THE MATTER OF THE ESTATE OF GL&i D. SEELY, DECEASED ) PETITiON FOR AUTHORITY TO =IVEY REAL PROPERTY Ronald E. Little, as executor of the estate of Glen D. Seely, deceased, respectfully shows the court: 1. Glen D. Seely died testate, a resident of St. Joseph County, on the 22nd day of November, 1984. 2. Your petitioner qualified as executor of the estate of said decedent on the 26th day of November, 1984� and is the duly appointed, qualified and acting executor of said estate. 3. Among the assets of the estate of saia decadent is a certain conditional contract of sale dated September 17, 1984, under the tersis of which said decedent, as seller, soles unto the Civil City of South Bend the following described real property located in St. Joseph County, Indiana, towit: Lots 1 and 2 as shown on the Recorded Plat of Dubai.l' s first Addition to the City o_" South Sand. 4. The executor named in the decedent's will is empowered "to sell any estate property for cash or crod? t" but there is lack— ing specific authority to execute a deed of transfer as to contracts made by the decedent, except by implication, and the executor be- lieves this court should direct delivery of the (seed herein. 5. Said conditional sales contract purchaser is now pre— pared to pay the balance owing by it under the ferias of said contract, and desires a deed of conveyance from a person properly entitled so to convey. WHEREFORE, said executor respectfully prays the court that -1- -2� it •Wake an order herein authorizing and directinc him upon receipt of the balance of the purchase price In full., to convey said real property to the Civil City of South Bond and .for all other and proper relief in the premises. Donald , LIttie, Fxecutor STATE Or 1.i�DIA2;A ) SS. ST. JOSEPH COUNTY ) Ronald E. Little, says that he is the duly aPFointed, qualified and acting executor herein, that he has read the above and. for090inG Petition and that the matters and things therein set fOrth arc true as he verily believes. gone lcyT o C+ittle Subscribed and sworn to before me a notary public in and for St. Joseph County, Indiana, this 4th day of April, 19850 �tL�� s-,e v. Goheen, ivoiary Public IV Commission Expires: February 14, 1936 ST. JOSEPH PROBATE COURT STATE OF INDI.ANA ss = C�*WATE NO. 36055 ST. JOSEPH COUNTY ' SZOLI� VViII C _ )ate aurt St. SoSen,� 1)rc.)ate Ili THE MAT91R OF Tiff ESTATE ORDER Oil PETITION FOR AUTROlUTY TO OF GLEN D. SEELY, DECEASED CONVEY REAL PROPERTY Comes novr Ronald E. Little, as executor of the estate of Glen D. Seely, deceased, and files his verified petition herein preying for authority to convey certain real property; which peti- tion is ill the following words and figures, to wit: (H. 1.), And the court being fully advis63 in the premises and hear- ing evidence, finds that the averments in said petition contained are true; that the prayer thereof should be granted; and that the Civil City of South Bend is entitled to a conveyance of real property in said petition described, upon payment in full by it of the pur- char price of said real property. IT TS THEP,EFORE ORDERED AWTUDGED AM DECREED by the court that Ronald E. Little, as executor of the estate of Glen D. Seely, be and he is hereby authorized and directed to Execute a deed as required by ;said contract, conveying the following described real property located in St. Joseph County, Indiana, to wit: Lots 1 and 2 as shown on the Recorded Plat of Dubail's First Addition to the City of South Bend, unto the Civil City of South Bend and upon receipt by him of the balance owing upon the purchase price to make delivery of said deed under the terms and conditions of a conditional sales contract executed by and between said decedent and said purchaser. V udge�rbt. osep robate ourt Dated-:.�_