HomeMy WebLinkAbout#1428- Deed; WARRANTY DEED From Rose Fuel & Materials Co. Parcel No. 1. A part of the SE quarter of Sec. 1, Twp 37 N. Range 2 E. & Parcel No. 2 - A part of the SE quarter Section No. 1, Twp. 37 B.Range 2 E (Niles Avenue)WARRANTY DEED from Rose Fuel &
Materials, Inc., Parcel No. 1 -
A part of the S.E. 4 of Sec. 1,
Township 37 N. Range 2 E. &
Parcel NO. 2 - A part of the S.E.
4 of Section 1, Township 37 N.,
Range 2 E. (SEE DEED)
(NTLES AVENUE)
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ROSE FUEL AND MATERIALS, INC., a corporation duly organized and
existing under the laws of the State of Indiana, hereinafter
referred to as "GRANTOR", conveys and warrants to THE CIVIL CITY OF
SOUTH BEND, INDIANA, hereinafter referred to as "GRANTEE", for and
in consideration of One Dollar ($1.00) and other valuable
consideration, receipt of which is hereby acknowledged, real estate
in St. Joseph County, State of Indiana,
PARCEL NO.
WARRANTY DEED
described as follows:
18- � 7oa9- 0
LEGAL DESCRIPTION 19— -500$' 0.1
A PART of the Southeast Quarter of Section 1, Township 37 North,
Range 2 East, of the Second Principal Meridian, Portage Township,
St. Joseph County, Indiana, and described as follows:
BEGINNING from a point 41.25 feet South from the
Fcenterline of Madison Street, and 33.00 feet East
from the centerline of Niles Avenue, being parts
of Lots 67 68 , 69 a 14 foot vacated alley, and
Lot 70, of the original Town of Lowell
F *� ( now South
Bend); thence North 90100,00" East, 21.00 feet;
thence South 00°00'00" West 278.68 feet; thence
:y South 90°00'00" West, 21.0 feet; then North 00000'00"
F East (bearing assumed), 278.68 feet measured
278.00 feet platted), to the Point of Beginning, and
containing 0.134 acres, more or less, and is subject
to all easements, restrictions, and or limitations
of record.
PARCEL NO. 2
LEGAL DESCRIPTION
A PART of the Southeast Quarter of Section 1, Township 37 North,
Range 2 East, of the Second Principal Meridian, Portage Township,
St. Joseph County, Indiana, and described as follows:
BEGINNING from a point 41.25 feet South from the
centerline of Cedar Street, and 33.00 feet East
from the centerline of Niles Avenue, being part
of Lots 55, 56, 57, a 14 foot vacated alley, and
Lots 58, 59, and 60, of the Original Town of Lowell
(now South Bend); thence South 89°55'00" East, 21.00
feet; then South 00000'00" West, 415.37 feet
measured (410.00 feet platted); thence South
90'00'00" West, 21.00 feet; thence North 001100100"
East (bearing assumed), 415.40 feet measured
(410.00 feet platted), to the Point of Beginning,
and containing 0.20 acres, more or less, and is
subject to all easements, restrictions, and or
limitations of record.
Page 1 of 2
DULY ENTERED FOR TAXATION
BEVERLY D. CRONE
AUDITOR
IN WITNESS WHEREOF, Rose Fuel
corporation, does hereby and Materials, Of this y day y execute and deliver Inc'' an Indiana
= y of August, 1988. this Warranty Deed as
Grantor certifies under oath no Indian::
gross income tax due or payable with
this transaction.
STATE OF INDIANA )
COUNTY OF ST.JOSEPH SS.
ROSE FUEL AND MATERIALS, INC.
By �cs c, x5 7z/--- /
— --
Robert
Its
r/yr¢�7vr �
Before me, a Notary Public in and for said County and State,
personally appeared Robert B. Harwood, known to be the Chairman of
the Board of Rose Fuel and Materials, Inc., and as such officer and
for and on behalf of Rose Fuel and Materials, Inc., acknowledged
the execution of the foregoing Warranty Deed and that he is duly
authorized by such corporation so to do.
In Witness whereof, I set my hand and notarial seal and indicate
that I am a resident of such County and State, as of this j1,2�'L' day
of August, 1988. .-MI&M2
R %� Gc���`��J• t�
uth Tate Notary
Resident of St. Joseph Cou
My Commission p .i j ,:� t°,�• .0��=
expires: ��tc�J�-'.'�•�,
u
APPROVED
BOARD Of FUBLIG WORKS
AU 1$1988
w. CPATkmopk C. AcClerc4
AtHt�inC �HUJh art 'Eys
THIS .INSTRUMENT WAS PREPARED BY MARVA LEONARD DENT, ASSISTANT CITY
ATTORNEY, 1400 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601
Page 2 of 2
f—'
FUEL AND MATERIALS, iNc.
SINCE 1914
513 East Madison Street, South Bend, Indiana 46617
Board of Public Works
City of South Bend
1308 County City Building
South Bend, In 46601
Re: P-520-547-575
P--688-402-739
Dear Board:
Phone (Area Code 219) 234-2133
August 11, 1988
I would like to rescend my letter of June 29, 1988 rejecting
your proposal to purchase property listed on the above offers of
purchase.
Rose Fuel & Materials, Inc. will accept your proposals dated
May 31, 1988 to purchase the described property on the above
offers.
RBH/b j r
Yours very truly,
ROSE Fuel & Materials, Inc.
12
Robert B. Harwood,
Chairman of the Board
APPROV ED
BOARD OF PUBLIC WORKS
,..
difa ZS
subject to all easements, restrictions, and or
limitations of record.
for the sum of $38,125.00.
2. City agrees to pay the purchase price and recording
fee in full at the time of closing.
Page 1 of 2
Rose Fuel & Materials, Inc.
May 31, 1988
ACCEPTANCE OF OFFER
Rose Fuel & Materials, Inc., landowner of the above described
property hereby accepts the offer of $20,500.00 made by the city an
this 31st day of May, 1988.
Rose Fuel & Materials, Inc.
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Subscribed and sworn to before me this
1988. day of
My Commission Expires:
REDE/1
Ruth Tate Notary Public
residing in St. Joseph County, IN
Page 4 of 4
subject to all easements, restrictions,'andµor�
limitations of record.
for the sum of $38,125.00.
2. City agrees to pay the purchase price and recording
fee in full at the time of closing.
Page 1 of 2
Rose Fuel & Materials, Inc.
May 31, 1988
ACCEPTANCE OF OFFER
Rose Fuel & Materials, Inc., landowner of the above described
pros er y hereby ay accepts the offer of $ 3 8 , 1.2 5 . 00 made by the City on
thi
Rose Fuel & Materials, Inc.
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Subscribed and sworn to before me this1-27177-day of �����,1 %G ,
1988. ,
My Commission Expires:
REDE/1
i
Ruth Tate Notary Public
residing in St. Joseph County, IN
Page 4 of 4
..,-j� UL Lo aii easements, restrictions, and or
limitations of record.
for the sum of $38,125.00.
2. City agrees to pay the purchase price and recording
fee in full at the time of closing.
Page i of 2
PURCHASE AGREEMENT
THIS AGREEMENT, entered into this A�Vj_) day of August,
1988, by and between Rose Fuel and Materials, Inc., hereinafter
referred to as the "Seller", and the Civil City of South Bend, a
municipal corporation of the State of Indiana, hereinafter referred
to as the "City".
WITNESSETH:
WHEREAS, I.C. 36-1-10.5 establishes procedures for the
purchase of land, having a total price of twenty-five thousand
dollars ($25,000) or more, by the City of South Bend; and
WHEREAS, the Board of Public Works is empowered to carry
out the provisions of said statute; and
WHEREAS, the Board, as purchasing agent for the City has
followed the procedures required in I.C. 36-1-10.5 to wit:
1. Two (2) licensed independent appraisers were appointed
to appraise the fair market value of the land;
2. The appraisers returned separate appraisals within
thirty (30) days after the date of their appointment; and
3. A price, not greater than the average of the two (2)
appraisals was offered to and accepted by the Seller.
WHEREAS, the Board has determined that the average value,
based on the two (2) appraisals is Thirty Eight Thousand One
Hundred and Twenty -Five Dollars ($38,125.00); and
WHEREAS, the offer of the City in the amount of Thirty
Eight Thousand One Hundred and Twenty -Five Dollars ($38,125.00) was
made and accepted by the Seller for said property.
NOW, THEREFORE, it is agreed by and between the parties
hereto, and for and in consideration of the premises and the mutual
covenants herein contained, as follows:
1. The City agrees to buy and Seller agrees to sell:
A PART of the Southeast Quarter of Section 1, Township 37 North,
Range 2 East, of the Second Principal Meridian, Portage Township,
St. Joseph County, Indiana, and described as follows:
BEGINNING from a point 41.25 feet South from the
centerline of Cedar Street, and 33.00 feet East
from the centerline of Niles Avenue, being part
of Lots 55, 56, 57, a 14 foot vacated alley, and
Lots 58, 59, and 60, of the Original Town of Lowell
(now South Bend); thence South 89055100" East, 21.00
feet; then south 00000'00" West, 415.37 feet
measured (410.00 feet platted); thence South
90°00'00" West, 21.00 feet; thence North 00000100"
East (bearing assumed), 415.40 feet measured
(410.00 feet platted), to the Point of Beginning,
and containing 0.20 acres, more or less, and is
subject to all easements, restrictions, and or
limitations of record.
for the sum of $38,125.00.
2. City agrees to pay the purchase price and recording
fee in full at the time of closing.
Page 1 of 2
3. City agrees to pay all title and abstract costs
involved in said transaction which it shall desire or request.
4. At the time of closing and after a submission of a
the total purchase price by the City, the Seller shall cause a
Warranty Deed to be executed, which deed shall be signed by the
Seller, attested to, and which shall then be recorded with the st.
Joseph County Recorder's office.
5. It .is expressly agreed that all terms and conditions
of this contract are included herein, and no verbal agreements of
any kind shall be binding upon the parties their heirs,
administrators e t
xecu ors, successors, and assigns.
SELLER:
ROSE FUEL & MATERIALS, INC.
ROBERT B. HARWOOD
MLD/BPW2
PURCHASER:
CITY OF SOUTH BEND BY
ITS BOARD OF PUBLIC WORKS
JIN ; E . LESZCZYNS RESIDENT
KAFHE INE HUMPHFFySi.F
-4�
PATRICIA DECLERCQ
ATTEST:
Maryros Utz
Clerk of the Board
Date: / .S 198
Page 2 of 2
wr
PURCHASE AGREEMENT
THIS AGREEMENT, entered into this %- V� dayof August,
1988, by and between Rose Fuel and Materials, Inc.,hereinafter
referred to as the "Seller", and the Civil City of South Bend, a
municipal corporation of the State of Indiana hereinafter referred
to as the "City".
WITNESSETH:
WHEREAS, the Board of Public Works is empowered to
purchase real property having a total price of twenty-five thousand
dollars ($25,000) or less; and
WHEREAS, the Board, as purchasing agent for the City is
not required to follow the procedures outlined in I.C. 36-1-10.5
for the purchase of land having a total price of twenty-five
thousand dollars ($25,000) or less; and
WHEREAS, a licensed independent appraiser was appointed to
appraise the fair market value of the land and the appraiser
returned an appraisal within thirty (30) days after the date of
their appointment; and
WHEREAS, the Board has determined that the value, based on
the appraisal is Twenty Thousand Five Hundred Dollars ($20,500.00);
and
WHEREAS, the offer of the City in the amount of Twenty
Thousand Five Hundred Dollars ($20,500.00) was made and accepted by
the Seller for said property.
NOW, THEREFORE, it is agreed by and between the parties
hereto, and for and in consideration of the premises and the mutual
covenants herein contained, as follows:
1. The City agrees to buy and Seller agrees to sell:
A PART of the Southeast Quarter of Section 1, Township 37 North,
Range 2 East, of the Second Principal Meridian, Portage Township,
St. Joseph County, Indiana, and described as follows:
BEGINNING from a point 41.25 feet South from the
centerline of Madison Street, and 33.00 feet East
from the centerline of Niles Avenue, being parts
of Lots 67, 68, 69, a 14 foot vacated alley, and
Lot 70, of the original Town of Lowell (now South
Bend); thence North 90°00'00" East, 21.00 feet;
thence South 00000'00" West 278.68 feet; thence
South 90000100" West, 21.0 feet; then North 00°00'00"
East (bearing assumed), 278.68 feet measured
278.00 feet platted), to the Point of Beginning, and
containing 0.134 acres, more or less, and is subject
to all easements, restrictions, and or limitations
of record.
for the sum of $20,500.00.
2. City agrees to pay the purchase price and recording
fee in full at the time of closing.
3. City agrees to pay all title and abstract costs
involved in said transaction which it shall desire or request.
4. At the time of closing and after a submission of a
the total purchase price by the City, the Seller shall cause a
Warranty Deed to be executed, which deed shall be signed by the
Seller, attested to, which shall then be recorded with the St.
Joseph County Recorder's Office.
Page 1 of 2
of this 5. It is expressly agreed that all terms and conditions
contract are included herein, and no verbal agreements of
any kind shall be binding upon the parties,
administrators, executors, successors and their heirs,
assigns.
SELLER:
ROSE FUEL & MATERIALS, INC,
/y
ROBERT B. HARWOOD
MLD/BPW2
PURCHASER:
CITY OF SOUTH BEND By
ITS BOARD} OF PUBLIC WORKS
4!
E. LESZcz PRESIDENT
KATHERINE P EYS v
r
PATRICIA DECLERCQ
ATTEST:
Maryrose tz T
Clerk of e Board
Date : Cam- i i
Page 2 of 2