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ORDINANCE NO. j 2,36 <br />AN ORDINANCE ORDERING AND PROVIDING FOR THE SALE OF THE FOLLOWING DES- <br />CRIBED REAL ESTATE IN ST. JOSEPH COUNTY, INDIANA, TO WIT: <br />Lots Twenty -one (21), Twenty -two (22), Twenty -three <br />(23), Twenty -four (24) and Twenty -five (25) in <br />' Beyers First Addition to the City of South Bend <br />which real estate is owned by said City for park purposes. <br />WHEREAS, after due consideration and deliberation, it has been found <br />by the Board of Park Commissioners of the City of South Bend, Indiana, <br />that the following described real estate <br />Lots Twenty -one (21), Twenty-two (22), Twenty -three <br />(23), Twenty-four (24) and Twenty-five (25) in <br />Beyers First Addition to the City of South Bend <br />by reason of its restricted area and unsuited toAraphy is not susceptible <br />of developing for park purposes and <br />WHEREAS., IT has been found by said Board of Park Commissioners that said <br />real estate can be sold and disposed of to the advantage and best interests <br />of the City of South Bend, Indiana and <br />WHEREAS, said Board of Park Commissioners has prepared, delivered and <br />submitted this Ordinance to the Common Council of the City of South Bend <br />ordering and authorizing the sale of said real estate. <br />NOW THEREFORE, be it ordained by the Common Council of the City of <br />South Bend, Indiana: <br />Section 1. That the City of South Bend, Indiana sell and convey the <br />following described real estate in South Bend, St. Joseph County Indiana <br />to -wit: Lots twenty -one (21), twenty -two (22), twenty -three (23j, twenty - <br />four (24) and twenty-five (25) in Beyers First Addition to the City of <br />South Bend as provided by the laws of the State of Indiana. <br />Section.2. That the Judge of the Circuit Court of St. Joseph County, <br />Indiana be requested to appoint three (3) disinterested freeholders of <br />the City of South Bend, Indiana to appraise the above described real <br />estate. <br />Section 3. That the Mayor of the City of South Bend be and he is hereby <br />authorized, empowered and directed to sell and convey on behalf of the City <br />of South Bend the above described real estate free and clear of all liens <br />and encumbrances for an amount not less than the appraised value of said <br />real estate, as determined by the appraisers appointed by the Judge of said <br />Court. <br />Section 4. That, upon receipt of the purchase price, said real estate <br />shall be conveyed to the purchaser by a deed executed by the Mayor, in the <br />name of the City, attested by the City Clerk and with the seal of said City <br />affixed thereto; that said deed shall be in form sufficient to convey the <br />fee simple title of said real estate to the purchaser and shall contain <br />covenants of the City that it.. has not made, done, committed or suffered <br />any act or acts whereby said real estate or any part thereof may be im- <br />peached, charged or encumbered. <br />