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ORDINANCE NO. 3750 <br />AN ORDINANCE TO ACCEPT CERTAIN REAL ESTATE <br />DONATED TO THE CITY OF SOUTH BEND FOR FIRE <br />HOUSE PURPOSE. <br />WHEREAS, the Garden Homes, Inc., an Indiana Corporation, <br />in St. Joseph County, has on the 30th day of January, 1950, Releas <br />and Quit- Claimed, by Deed, to the City of South Bend, Indiana, the <br />following described real estate in St. Joseph County, State of <br />Indiana, to -wit: <br />Lots numbered 765, 766 and 767, all in Belleville <br />Third Unit, an Addition to the City of South Bend; <br />subject to the following conditions: <br />(a) That the City of South Bend will commence <br />construction on said premises before the end <br />of 1951 of a fire station in accordance with <br />plans approved by the grantor, and <br />(b) The premises shall be used solely and exclusively <br />for municipal or residential purposes for a period <br />of Twenty -five (25) years from the date hereof, <br />and.this restriction shall continue for successive <br />periods of Twenty -five (25) years each, unless and <br />until, prior to the end_of.,any such period, the <br />owners of more than fifty (50f) per cent in frontag <br />of the land on both sides of and butting Western <br />Avenue between Sheridan Avenue and Mayflower Road <br />shall agree in writing to the waiver of this <br />restriction. Grantor reserves the right to enforce <br />the foregoing restriction and to prevent its <br />violation by injunction or other legal or equitable <br />proceedings, and the failure so to enforce said <br />restriction or to prevent its violation shall in no <br />event be deemed a waiver of the right to do so <br />thereafter for any subsequent breach or fault. <br />THEREFORE, <br />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, <br />conveyance of said real estate subject to the conditions set forth <br />in said deed to the real estate herein described in the preamble <br />of this Ordinance. <br />Section 2. This Ordinance shall be in full force after <br />its passage by the Common Council an pproval by the Mayor. <br />at & 2nd READING d ' 6-D <br />0E4AffTEE OF THE WINK <br />UGLIO NEARING Member of e o n council <br />READING - u� -G710 <br />APMIGyEQ <br />w} <br />7ED5'- e-ES''a <br />