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Home My WebLink About#3188- Deed; CORPORATE WARRANTY DEED Section of the Parcel at the corner of LaSalle and Eddy Street3 1 Or 1Vf 5 Corporate Warranty Deed 18-50.39-3175 LOT NO, SUB: Mingle & Mayr's Sub Sinai Synagogue, Inc. 1102 E. LaSalle Ave. Description: Section of the Parcel at the corner of LaSalle and Eddy Street PROJECT: HES-9971() PARCEL: 6 I8 -- 0 3 CORPORATE WARRANTY DEED THIS INDENTURE WITNESSETH, THAT The Sinai Synaoaue. Inc. , _ _•_ of St. Joseph County, in the State of Indiana , (Z)t5-+-783� RECORDED ON 10/14/2005 01:45:19PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $24. 00 PAGES: 6 CONVEY(S) AND WARRANT(S) TO THE CITY OF SOUTH BEND, STATE OF INDIANA for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following described real estate in St. Joseph County, Indiana, to -wit: Exhibit "A" attached hereto and made a part hereof Grantor(s) herein agree(s) to pay all real estate taxes and assessments levied or assessed against the above - designated real estate prior to the date of this deed. Grantor(s) hereby convey(s) the above -described real estate free and clear of all leases, licenses, or other interests, both legal and equitable, and all encumbrances of any kind or character. This document shall constitute a conveyance of the above -described real estate (excepting any parcels specifically designated as easements or as temporary right -or -ways) in fee simple and not merely for right- of-way purposes, and no reversionary rights whatsoever are intended to remain in the Grantor(s). The undersigned person executing this deed represents and certifies on behalf of the Grantor, that the undersigned is a duly elected officer of the Grantor and has been fully empowered by proper resolution, or the by-laws of the Grantor, to execute and deliver this deed; that the Grantor is a corporation in good standing in the State of its origin and, where required, in the State where the subject real estate is situate; that the Grantor has full corporate capacity to convey the real estate described; and that all necessary corporate action for the making of this conveyance has been duly taken. The Grantor warrants that no Gross Income Tax is due or payable as a result of this conveyance. Dated this day of 2005. The Simi Synagoc.ue. Inc. B (Signature) Mary Ann Katz President (Printed Name and Title) Page I of 2 ROY A. BUSKIRK Allen County My Commission Expires March 13, 2009 ULT ij Rd a . PL::ut<� 'Er I. 4 STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said County and State, this �-o�L day of 2005, personally appeared MaiAnn Katz President of The Sinai Synagogue, Inc. and acknowledged the execution of the foregoing instrument. Witness my hand and notarial seal. My Commission Expires: p" �. ..y._ SKIRK ROY A. BU unty __ �•. seu 4r My Commission Expires March 13, 2009 Notary fiblic County of Residence This instrument prepared by: John R. Livingston, Assistant City Attorney Page 2 of 2 HIGHT- OFF -WAY PLAT OF SURVEY g Exhibit "A" for SINAI SYNAGOGUE SECTION 7, TOWNSHIP 37 NORTH, RANGE 3 EAST PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA APPROXIMATE WEST LINE I N80.00.( ) OF SECTION 7 (CREATED -fir 1D.00C FROM PLATTED DIMENSIONS) I P.O.B.6B I N89'3506 E LASALLE STREET (66' RIW) 9 2.00' (C) (N89'35'06'•E) II ! I+ SOO'32'03"E N00'32'03'W �� 12.00'(C) 13.83 S88' 26' 36"W 92.01'(C) EXKMNQ R/W PROPOSED TEMPORARY R/w PROPOSED Rlw I PARCEL 68 NORTH LINE I 0.0273 ACRES± SINAI SYNAGOGUE WEST LINE PARCEL AND EXISTING SINAI SYNAGOGUE SOUTH R/W PARCEL S89'27'57"W LASALLE STREET .. s, 15.00'(C) N 4 co I �2 p- �,j SINAI SYNAGOGUE N I `' o D.R. 437 I PG.188 Q � �a I\m SCALD ] " = 60' Q 1 m E�0 �, PROPosED Te�oRARY R/W Lc) L0 W N/ N HATCH LEGEND PERMANENT II I o `, R/W p I z � PARCEL 6A 0 I I a o S 0.W8 ACRES• TEMPORARY V' z R/W I 20' EXCEPTION 1 a FOR PREVIOUS RIGHT-OF-WAY I I fij S59-58'12"E EXPANSION Imo! 1 1.61'(C) REFER TO D.R. I �,j SOUTH LINE 437/PG. 188 S89 27 57 W SINAI SYNAGOGUE PARCEL 6 10.00'(C) PARCEL AND EXISTING NORTH R/W 0.0%8 ACRES± COLFAX AVENUE II N00'31'59"W f ! 6.9 3' (C) r.o.6. 6 (NB9'33'08"E) I'-o. SW CORNER COLFAX AVENUE (82.9 RAW) RNER Ii SINAI SYNAGOGUE, S89'33'08" N89'33'08"E PARCEL 20,00'(C) 15.00'(C) P.O.B. 6A (,-HEREBY CERTIFY THAT TO THE BEST OF MY INFORMATION. KNOWLEDGE AND BELIEF C TERRITORIAL ENGINEERING, THE WITHIN PLAT REPRESENTS A SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON 11 3 04 CLASS -C- SURVEY PER 865 LAC 25-21.5 r� LLC SEE SHEET 2 OF 2 FOR SURVEYOR'S REPORT. WALKERTON INDIANA VAN H. JANOVIC ROBLRT S. ALOI LEGEND L.S. SO411 L.S. 20200024 INVALID UNLESS D.R. = DEED RECORD-BOOK/PAGE ❑ = WOOD STAKE EMBOSS SEALED F - FOUND O IRON BOLT S = SET EOP = EDGE OF PAVEMENT R = RECORDED R/W = RIGHT OF WAY P = PLATTED OHL OVERHEAD LINES M = MEASURED lb= POWER POLE C = CALCULATED -X—X- = EXISTING FENCE * = DIMENSION NOT TO SCALE P.O.B. = POINT OF BEGINNING 0 = RAILROAD SPIKE P.O.C. = POINT OF COMMENCING • = IRON ROD = MONUMENT O = IRON PIPE( = NAIL 2004 DATE: JOB NO.: FILE: sIIEL-T 1 of �} 11--22---04 04121 A SECTION •'ft' 1, . SURVEYOR'S REPORT FOR SINAI SYNAGOGI.IE (PARCELS 6, b, & •- a THE PURPOSE OF THIS SURVEY IS TO DETERMINE AN AREA FOR PERMANENT AND/OR TEMPORARY EASEMENT AS PART OF EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENTS PROTECT No. HES-9971 ON STATE ROAD 23 (EDDY STREET). THE EAST RIGHT-OF-WAY OF EDDY STREET NORTH OF LASALLE STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND AT THE CORNERS OF PARCELS DESCRIBED IN DEED DOCUMENT #9608937 AND DEED DOCUMENT #8729658. THIS LINE WAS THEN EXTENDED SOUTH PAST COLFAX AVENUE. ADDITIONAL RIGHT-OF-WAY PARCELS AS DESCRIBED IN DEED DOCUMENT #9750386, DEED RECORD 437, PAGE 188, DEED RECORD 674, PAGE 61, AND DEED RECORD 680, PAGE 216 WERE USED IN ESTABLISHING THE REMAINING EAST RIGHT-OF-WAY OF EDDY STREET, SOUTH OF LASALLE STREET. THE WEST RIGHT-OF-WAY OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE EAST RIGHT-OF-WAY OF EDDY STREET AT PLATTED DIMENSIONS NORTH OF LASALLE STREET. THIS LINE WAS THEN EXTENDED SOUTH OF COLFAX AVENUE AND WAS IN RELATIVE AGREEMENT WITH MONUMENTS FOUND ON THE EAST LINE OF LOT NO.16 OF THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). THE NORTH RIGHT-OF-WAY OF LASALLE STREET, EAST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND ON THE SOUTH LINE OF LOTS 7 THROUGH 11 AS SHOWN ON THE RECORDED PLAT OF BULLARD'S FIRST ADDITION (PLAT BOOK15, PAGE B-4). THE SOUTH RIGHT-OF-WAY OF LASALLE STREET, EAST OF EDDY STREET WAS ESTABLISHED PARALLEL TO THE ESTABLISHED NORTH RIGHT-OF-WAY AT PLATTED DIMENSIONS AS SHOWN ON THE RECORDED PLAT OF C. HARRY SWANSON'S SUNNYSIDE HEIGHTS ADDITION (PLAT BOOK 17, PAGE 51). THE NORTH RIGHT-OF-WAY OF COLFAX AVENUE, EAST OF EDDY STREET WAS ESTABLISHED FROM EXISTING MONUMENTATION FOUND. THE SOUTH RIGHT- OF-WAY OF COLFAX AVENUE, EAST OF EDDY STREET WAS ALSO ESTABLISHED FROM EXISTING MONUMENTATION FOUND. MONUMENTS FOUND WERE IN RELATIVE AGREEMENT WITH PLATTED DIMENSIONS AS SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL (PLAT BOOK T, PAGE 236). SHEET 2 OF,3"?- IV111'v f11i►1 i t7 Nrorirleni OFFSET IN THE ESTABLISHED RIGHT-OF-WAY OF COLFAX T MEETS EDDY STREET AS A RESULT OF A'VEN U USING EXISTING -- MONUMENTATION TO ESTABLISH THE RIGHT-OF-WAY. IT IS THIS SURVEYOR'S OPINION THAT MONUMENTS FOUND WERE ESTABLISHED WITHIN INDIVIDUAL BLOCKS AS SHOWN ON SAID RECORDED PLAT. THESE MONUMENTS OFFER THE BEST EVIDENCE OF THE ORIGINAL INTENT OF THE LOCATION OF THE RIGHT-OF- WAY OF COLFAX AVENUE AND WERE HONORED FOR THIS SURVEY. THE NORTH LINE OF THE SINAI SYNAGOGUE PARCEL WAS ESTABLISHED AS THE EXISTING SOUTH RIGHT-OF-WAY LINE OF LASALLE STREET EAST OF EDDY STREET. THE SOUTH LINE OF THE SIN'AI SYNAGOGUE PARCEL WAS ESTABLISHED AS THE EXISTING NORTH RIGHT-OF-WAY LINE OF COLFAX AVENUE EAST OF EDDY STREET. THE PROPOSED RIGHT-OF-WAY LINES WERE ESTABLISHED FROM PRELIMINARY INDIANA DEPARTMENT OF TRANSPORTATION EDDY, COLFAX, AND LASALLE INTERSECTION IMPROVEMENT DRAWINGS (PROJECT No. HES-9971). THE DEGREE OF UNCERTAINTY IS AS FOLLOWS: THEORETICAL - 0.5 (CLASS "C" SURVEY) TITLE - NONE MONUMENTATION - THE WEST LINE OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN WAS NOT DETERMINED FOR THIS SURVEY DUE TO A LACK OF SECTION CORNER INFORMATION. MONUMENTS USED IN ESTABLISHING RIGHT-OF-WAY LOCATIONS VARY FROM PLATTED AND .RECORDED DIMENSIONS BY AS MUCH AS 1.8'f NORTHUOUTH AND 1.3'± EAST/WEST. POSSESSION - NONE TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA NOVEMBER 22, 2004 04-121A SHEET 3 OF X 1f PROPOSED DESCRIPTION FOR SINAI SYNAGOGUE PARCEL 6 PERMANENT RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 3 EAST OF THE SECOND PRINCIPAL MERIDIAN IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTIC- ULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO SINAI SYNAGOGUE AS FOUND IN DEED RECORD BOOK 437, PAGE 188 IN THE OFFICE OF THE SAINT JOSEPH COUNTY RECORDER; THENCE NORTH 00032'03" WEST (BASIS OF BEARINGS) ON THE WEST LINE OF THE SINAI SYNAGOGUE PARCEL, A DISTANCE OF 418.73 FEET TO THE NORTH LINE OF THE SINAI SYNAGOGUE PARCEL BEING THE SOUTH RIGHT-OF-WAY OF LASALLE STREET EAST OF EDDY STREET; THENCE NORTH 89°35'06" EAST ON SAID NORTH LINE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 00°32'03" EAST, A DISTANCE OF 412.83 FEET; THENCE SOUTH 59°58' 12" EAST, A DISTANCE OF 11.61 FEET TO THE SOUTH LINE OF THE SINAI SYNAGOGUE PARCEL BEING THE NORTH RIGHT-OF-WAY OF COLFAX AVENUE EAST OF EDDY STREET; THENCE SOUTH 89033'08" WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.0968 ACRES MORE OR LESS. TERRITORIAL ENGINEERING, LLC WALKERTON, INDIANA 04-121 A NOVEMBER 22, 2004 SHEET,YOF,Y �, '4� I3v (sigilature) Mar.y Ann Katz. President '� " March 13, 2009 �_if