HomeMy WebLinkAbout#2132- Deed; CORRECTIVE WARRANTY DEED Lots 1, 26-East line of Lilac Trailscam, �Q rf'��-� j�4.kc�"�► 3� v1
1316 COUNTY -CITY BUILDING
SOUTII REND, 1NDTANA 46601-1R30
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
October 26, 1998
Mr. Louis Klatch
Metropolitan Title Company
Post Office Box 4608
South Bend, Indiana 46634
Dear Mr. Klatch:
PHONE'219/235-9251
FAX 219/23.5-9171
TDD 219/235-5567
The Board of Public Works, at its meeting held on October 26, 1998, approved the Corrective
Warranty Deed.
Enclosed is the original for you to record at the St. Joseph County Recorder's Office. Please
forward a copy to me after it has been recorded.
If you have any questions, please contact me.
Sincerely,
Angela Xcob, Clerk
Attachment
JAMFS R. CALDWELL LEWIS N. POWELL, P.E. M. CATHERINE Ro£mER
This instniment prepared by: Louis Klatch, Attorney at Law 11004665
tropolitan Title Company
id, IN 46634, Telephone: (219) 233-8258 FAX: (219) 233-8398
October 19, 1998
Mr. Carl Littrell
City Engineer
1300 County -City Building
South Bend, IN 46601
Re: Lots 1 and 26, Lilac Trails
Our File No. 11004665
Dear Mr. Littrell:
Enclosed 'is the Corrective Warranty Deed which has been executed by
John Nowak, Theresa Nowak, and Alliance Associates. Please have
the deed signed on the second page, have it notarized, and return
it to my office.
Very truly yours,
METROPOLITAN TITLE -- INDIANA, L.L.C.
Louis Klatch
Legal Counsel
lk/kmg
Enclosures
EXHIBIT A -- LEGAL DESCRIPTION
Two (2) tracts of land being parts of Lots 1 and 26 as the same
are shown and designated on the plat of Lilac Trails, the same
being recorded as instrument number 9618979 in the Office of
the Recorder of St. Joseph County, Indiana, and being more
particularly described as beginning at a point on an East line
of said Lilac Trails, a distance of 8.74 feet South 01 degrees
35 minutes 30 seconds East from the Southeast corner of Lot 25
in said Subdivision; thence South 89 degrees 29 minutes 25
seconds East, along a Northerly line of said Subdivision, a
distance'of 214.03 feet to a point on a non -tangent curve;
thence Southwesterly along a curve to the right having a radius
of 40.00 feet, a central angle of 90 degrees 11 minutes 36
seconds and limited in length by a chord of 56.66 feet that
bears South 45 degrees 09 minutes 42 seconds West to a point of
tangency on the Northerly right-of-way line of Lilac Trails
Drive; thence North 89 degrees 44 minutes 30 seconds West, a
distance of 17.56 feet to a point of curvature; thence
Southwesterly along a curve to the left having a radius of
230.00 feet, a central angle of 23 degrees 23 minutes 24
seconds and limited in length by a chord of 93.24 feet that
bears South 78 degrees 33 minutes 48 seconds West to a point of
tangency; thence South 66 degrees 52 minutes 02 seconds West, a
distance of 67.93 feet; thence North 01 degrees 35 minutes 30
seconds West, a distance of 86.99 feet to the place of
beginning.
Along and together with a parcel of land described as beginning
at the Northwest corner of Stewart Minor Subdivision as the
same is recorded as instrument number 9532769 in said
Recorder's Office; thence North 01 degrees 06 minutes 53
seconds West, a distance of 10.41 feet to a point on the
Southerly right-of-way line of said Lilac Trails Drive; thence
North 66 degrees 52 minutes 06 seconds East, a distance of
110.99 feet to a point of curvature; thence Northeasterly along
a curve to the right having a radius of 170.00 feet, a central
angle of 23 degrees 23 minutes 24 seconds and limited in length
by a chord of 68.92 feet that bears North 78 degrees 33 minutes
48 seconds East to a point of tangency; thence South 89 degrees
44 minutes 30 seconds East, a distance of 22.34 feet to a point
of curvature; thence Southeasterly along a curve to the right
Continued on next page
-1-
This instrument prepared by: Louis Ktatcit, Attorney at Laiv 11004665
DNT ' D
na°ving a radius of 40.00 feet, 88 degrees 07
a central angle of
minutes 36 seconds and limited in length by a chord of 56.33
feet that bears South 46 degrees 24 minutes 35 seconds East;
thence South 01 degrees 41 minutes 54 seconds East, a distance
of 29.86 feet to a point on the North line of said Stewart
Minor Subdivision; thence North 89 degrees 43 minutes 54
seconds West, a distance of 232.45 feet to the place of
beginning.
Subject to legal highways.
-2-
This instrument prepared by: Louis Klatch, Attorney at Law
ram~ rxRp use inSSA cPhONSty (8193)
PART I - TO BE COMPLETED
=first name HY BUYER AND SELLER
lR r
f� Alliance Associates
Social Security number or Federal 1D number (optional)
a
Gr7
Address (number and street)
City,
First name
ct; he Civil Cxt of South Bend,
Social Security number or Federal ID number {optional)
q
Address (nutttber Wand
Address (number and street)
�FW
Parcel or Key number
Ao 25; 1014 023804, 023832
`AQC4O County
- I ;-ast name
Town or Post Office
:7=$1
Town or Pos[ Office
Ciry, Town or Post Office
Township name
Property class code (check one)
❑Residential ❑Commercial
Mineral ❑ Agricultural
Ll Industrial
Other (specify)
PRIVACY NOTICE Notwithstanding IC 5-14-3, a sales disclo-
sure form is not a public record and ma
only be used by the State Board of Tax y
Commissioners or per
acting on behalf
of the State Board of Tax Commissioners.
State ZIP code
rate ZIP code
ET AL
1VIYE 'TRANSACTIONS
oes the transaction qualify as an exempt transaction? If Yes, specify the number of the exemption and skip to the signature section on page 2.
exemption see section entitled "Exempt Transactions belosv)
® Yes ❑ No P g (TO determine the number of rite
Exempt Transactions Reason number:
The Declaration of Value section of this form does not have to be completed for any document presented for recording which clearly indicates on such document that it is an
exempt transaction. If the transaction meets one of the conditions listed below, please indicate that the transaction is exempt and provide the reason number.
I. Security interest document such as mortgage and trust deeds
2. Leases that are for a term of less than ninety
90 7. Transfer for no consideration or gift
3. Document for compulsory transactions as result of foreclosure or express
8. Documents involving the partition of land tenants in common, joint tenants
threat er foreclosure, divorce, court order, condemnation or probate or tenants by the entirety
4. Transfer t a charity 9. Re-recording to correct prior recorded document
5. Agreements and other documents for mergers, consolidations and
10. Deeds placed in escrow prior to July 1, 1993
incorporations involving soley nonlisted stock 11. Easemems/Right of Way Grants for no consideration
6- Quitclaim deeds not serving as a source of title 12. Documents executed prior to July 1, 1993, but not previously recorded
atgnature and Verification Section
The parries to a real property conveyance document are required to file this form and attest in writing and under die penalties of perjury that the information is true
contained herein
and correct. A persoa who knowingly and intentionally falsifies anyinformation required on this form commits a Class C misdemeanor,
Uuder Penalties of Perjury, I hereby certify that this Sales Disclosure, to fhe hest of my lutowledge and belief, is true, correct and complete as
required by law, and is prepared in accordance with IC ti-1.I-5.5, "Real Property Sales DiscIoslrre Act .
Signature of buyer or representative P
Telephone number
Signature, f seller or
day, year)
TO BE COMPLETED BY THE AUDITOR AND R
This instrument prepared by: Louis Klatch, Attorney at Law 11004665
023832
Property Address:
Corrective WarrantyDeedTITLE NOT EXAMINED
h
This Indenture Witnesset
Partnership and John S. ' That Alliance Associates, an Indiana
Nowak and Theresa Nowak
Conveys and Warrants to The Civil City of South Bend, Indiana
for the sum of One & 00/100 Dollars ($1.00) and other valuable consideration, the following
described real estate in County, in the State of Indiana:
"SEE EXHIBIT A "
Subject to the second installment of real estate taxes for
1996, due and payable on November 10, 1997, and all subsequent
taxes.
This deed is executed to correct the legal description in a
Warranty Deed recorded as Instrument No. 9725934 in the Office
of the Recorder of St. Joseph County, Indiana, and is effective
as of June 30, 1997. The warranties of John S. Nowak and
Theresa Nowak cover only that portion of the real estate
located within said Lot 26, and the warranties of Alliance
Associates cover only the balance of the real estate.
Continued n next
Subject To any and all easements, agreements, and estr ctions off record. page
Signed this day of
lianyce Associ t -
Theresa Nowak
STATE OF INDIANA, St. Joseph COUNTY, ss
n S. Nowak
&,,Be'�me, otaryPublic in and for the said County and. State, personally appeared
as of Alliance Associates, an
Indiana Partnership and John S. Nowak and Theresa Nowak
who acknowledged the execution of the foregoing Corrective Warranty Deed, and who,
having been duly sworn, stated that any representations therein contained are true.
Witness my hand and notarial seal this f��h da of
My commission expires:
X�00�)
19 -7
Sig r
Printed UZt_ I otary Public
Residing in o ,{��ounty, Indiana
This instrument prepared by: Louis Klatch, attorney at Law
11004665
aoo' No. 11004665
CONTINUATION OF WARRANTY DEED
Subject to any defects or encumbrances created or imposed upon
the grantee herein.
Accepted this `� j dayof
Sagt_emb�
1998.
The Civil City of South Bend, Indiana
By:
Its
STATE OF INDIANA, ST . JOSEPH COUNTY, ` �fU,'�'
Before me, a Notary Public *h/and for the said County and
�Stat rs na appeared I the
X-'�iL iof The Civil City of South Bend, Indiana,
who ac lowledged the acceptance of the foregoing Corrective
Warranty Deed this cam_ ZnTk�— day of 1998.
C� C
My Conunission Expires:
-�0-aC)6
otary Public
Residing in {A County
RC. 8 K*M
8LM,
Key No. 25; 1014 023804, 023832
Grantee's mailing address
98 DEC -8 Pill 2: 38
"T
775
Property Address:
>,a l unh
EXAM='t3ED
Corrective Warranty Deed TITLE NOT
This Indenture Witnesseth, That Alliance Associates, an Triciiana
Partnership and John S. Nowak and Theresa Nowak
The Civil City the following 7�1
of South Bend, Indiana
Conveys and Warrants tofor the sum of One & 001100 Dollars ($1.00) and other valuable consideration, described real estate in County, in the State of Indiana:
i
"SEE EXHIBIT A "
Subject to the second installment of real estate taxes for
1996, due and payable on November 10, 1997, and all subsequent
taxes.
This deed is executed to correct the legal description in a
Warranty Deed recorded as Instrument No. 9725934 in the Office
of the Recorder of St. Joseph County, Indiana, and is effective
as of June 30, 1997. The warranties of John S. Nowak and
Theresa Nowak cover only that portion of the real estate
located within said Lot 26, and the warranties of Alliance
Associates cover only the balance of the real estate.
Continued on next page
Subject To any and all easements, agreemZanduonecord.
Signed this day of
Alliance Associ t�s `/�%tom--L'ak E1�T1=t:�17 FOR TAX T ION
Theresa Nowak MOM vI�
STATE OF INDIANA, S t . Jos eph COUNTY, s s
5T.:lOvE�'H CO. IND1AlyA
Bef . re me, a Notary Public in and for the said County and State, personally appeared
as of Alliance Associates, an
Indiana Partnership and John S. Nowak and Theresa Nowak
who acknowledged the execution of the foregoing Corrective Warranty Deed, and who,
having been duly sworn, stated that any representations therein contained are true.
Witness my hand and notarial seal this 1 - �h day of VG 19 �t v.
. My'comm'19sion expires: Sig r
'. ? '� Printed �Z� CAi otary Public
Residing in \Jc, = ounty, Indiana
This instrt itieiit prepared by: Louis Klatch, Attorney at Law ��Aqe! 11004665
11 DEC - 8 P11 2: 3 8
ST
Case No.
11004665
CONTINUATION OF WARRANTY DEED
Subject to any defect, ov encurmbranceG
the grantee herein. Created Or !MPOBed upon
Accepted this
da
1998. y of - -qet1�exahuEii-,-
The Civil City of South Bend, Indiana
By:
Its
STATE OF INDIANA,
ST. JOSEPH COUNTY, -4t�A)L
1-1 fkj r
Before me,
a Notary Public i-fi and for the said County and
)Ptate, personally appeared
I '\ C � the
The civil City of South Bend, Indiana,
who acLwledged the acceptance of the foregoing Corrective
Warranty Deed this c22_ day of -Sept-emb-e-�, 1998.
MY Commission Expires:
0 otary Public
Residing in County
ORDER NO: 11004665
EXHIBIT A - LEGAL DESCRIPTION
Two (2) tracts Of land being parts of Lots T amd 26 as tha same
are shown and designated on the plat of Lilac Trails, the same
being recorded as instrument number 9618979 in the Office of
the Recorder of St. Joseph County, Indiana, and being more
particularly described as beginning at a point on an East line
of said Lilac Trails, a distance of 8.74 feet South 01 degrees
35 minutes 30 seconds East from the Southeast corner of Lot 25
in said Subdivision; thence South 89 degrees 29 minutes 25
seconds East, along a Northerly line of said Subdivision, a
distance of 214.03 feet to a point on a non -tangent curve;
thence Southwesterly along a curve to the right having a radius
of 40.00 feet, a central angle of 90 degrees 11 minutes 36
seconds and limited in length by a chord of 56.66 feet that
bears South 45 degrees 09 minutes 42 seconds West to a point of
tangency on the Northerly right-of-way line of Lilac Trails
Drive; thence North 89 degrees 44 minutes 30 seconds West, a
distance of 17.56 feet to a point of curvature; thence
Southwesterly along a curve to the left having a radius of
230.00 feet, a central angle of 23 degrees 23 minutes 24
seconds and limited in length by a chord of 93.24 feet that
bears South 76 degrees 33 minutes 48 seconds West to a point of
tangency; thence South 66 degrees 52 minutes 02 seconds West, a
distance of 67.93 feet; thence North 01 degrees 35 minutes 30
seconds West, a distance of 86.99 feet to the place of
beginning.
Along and together with a parcel of land described as beginning
at the Northwest corner of Stewart Minor Subdivision as the
same is recorded as instrument number 9532769 in said
Recorder's Office; thence North 01 degrees 06 minutes 53
seconds West, a distance of 10.41 feet to a point on the
Southerly right-of-way line of said Lilac Trails Drive; thence
North 66 degrees 52 minutes 06 seconds East, a distance of
110.99 feet to a point of curvature; thence Northeasterly along
a curve to the right having a radius of 170.00 feet, a central
angle of 23 degrees 23 minutes 24 seconds and limited in length
by a chord of 68.92 feet that bears North 78 degrees 33 minutes
48 seconds East to a point of tangency; thence South 89 degrees
44 minutes 30 seconds East, a distance of 22.34 feet to a point
of curvature; thence Southeasterly along a curve to the right
Continued on next page
-1-
', : r Printed �Z�� �(�E� of ra y Public
J Residing in $ ounty, 'Indiana
Tliis iiistns»tetr1 prepared by: Lords Klatch, Attorney at Law (qf0jer) 11004665
EXHIBIT A - CONT'D
having a radius
minutes Of 40.00 feet 36 seco a central
feet that seconds and limited in angle of
thence Sou hrspSouth 46 degrees 24 length by a ahordgo es 07
33
Of 29.86 degrees 41 minutes minutes 35 seconds 56.33
feet to a point on the 54 seconds fast;
Minor Subdivision; North e East, a distance
seconds West thence North line of said Stewart
beginning. a distance 8S degrees 43
Of 232.45 feet inutes 54
to them place of
Subject to legal highways.
-2-
-My'comrriissi6n' expires: _
Printed tZ
Cam. otary Public
Residing in JI oJJunty, Indiana
This instniti6itP' Wared by: Louis .Klatch, Attorney at Law pAq�r} 110 04 6 6 5
-r\T -NI
. N IV,
Metropolitan Title
P.O. Box 4608, South Bend, IN 416634,COMPany
Telephone: (21 g) 233-8258 FAX: (219) 233-8398
January 21, 1999
Ms. Angela K. Jacob Clerk
City of South Bend
Board of Public Works
1316 County -City Building
South Bend, IN 46601-1830
Re: Lots 1 and 26, Lilac Trails
Our File No. 11004665
Dear Angela:
Enclosed is the original
recorded with the Office
Indiana, as Instrument 140
Very truly yours,
- _ Soutrj Eund
ow, or c o
Corrective Warranty Deed which has been
of the Recorder of St. Joseph County,
9863775.
METROPOLITAN TITLE - INDIANA, L.L.C.
//.--1
L� L
Louis K atch
Legal Counsel
lk/kmg
Enclosure
Witness my hand anct notarial Ica, «,,,
My'commissidn expires: Sig r
t: ;_: Printed �Zo �CniC of tiN ary Public
Residing in ounty, Indiana
This instrrrnie"'Prepared by: Louis Klatch, Attorney at Law (vors) 11004665