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Company's. property, measured along railroad <br />right -of -way; thence Northeasterly along said <br />railroad right -of -way, a distance of 55. 5 ft. to top of <br />Westerly bank of Bowman Creek; thence along the <br />Westerly and Northerly bank of said Bowman Creek <br />to a point 30 ft. Westerly from Westerly line of <br />Lincoln Way East; thence Northwesterly parallel with <br />and 30 ft. Westerly from Westerly line of said Lincoln <br />Way East, a distance of 30 ft, thence Northeasterly a <br />distance of 30 ft, to the Westerly line of said Lincoln <br />Way East; thence Northwesterly along Lincoln Way <br />East, a distance of 41.50 ft. to the Southeasterly <br />corner of Lot D; thence Southwesterly along South- <br />erly line of said Lot D, a distance of 29, 35 ft. to the <br />place of beginning,, <br />Subject to an easement in the City of South Bend over the entire <br />second above described tract for the purpose of rebuilding, altering and main- <br />taining existing sewers and drains thereon, and all buildings hereinafter built on <br />said tract shall be subject to this easement with the right in the City of South Bend <br />to remove all or part of any such buildings which interfere in the enjoinment of <br />this easement without any liability on the part of the City of South Bend, which <br />easement shall not be personal but shall run with the land, <br />is no longer suitable or required for park purposes, <br />BE IT FURTHER RESOLVED, that the attorney for the Board <br />of Park Commissioners is hereby instructed to prepare an <br />ordinance in proper form, providing for the sale of the real <br />estate above described, and that the same be presented to <br />the common council of the City of South Bend, Indiana, for <br />itsconside ration 'and action thereon. <br />BE IT FURTHER RESOLVED, that in the event the common <br />council of the City of South Bend shall pass said ordinance, <br />that the attorney for the Board of Park Commissioners of <br />said City be hereby authorized and empowered and instructed <br />to take such further action as may be required by law for <br />the appointment of three disinterested freeholders of the <br />City of South Bend by the Judge of the Circuit Court of St. <br />Joseph County, to appraise said real estate; that he pre- <br />pare all necessary notices of publication, deeds, etc., to <br />perfect transfer of said property to the purchaser, and that <br />he take any and all othe.rnaction as may be necessary for the <br />sale of said real estate as provided by law. <br />