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HomeMy WebLinkAbout#2949- Deed; EASEMENT Interbelt Property - Cone Shaped Vacant Land Remaining from Lot 6RRH Mary Whitherill's Sub of BOL 32, the other portion of said lot was conveyed to the City for Constuction of Chapin Interbelt.'a 29 ,9 iEasem ent and Right of Way 5' Easement E Of And Adjacent To E j ROW of Chapin Inner Belt Along Full Length Of Lot 6 Of Mary Witherill's Sub of Bank Out Lot 32. E j� rr�� EXHIBIT A EASEMENT AND RIGHT-OF-WAY In consideration of the sun, of Dollars cash in hand paid, receipt whereof is hereby acknowledged, the undersigned hereby grant, bargain, sell, convey, transfer, deliver unto the Civil City of South Bend, a permanent easement and right-of-way, for the following purposes, namely: the right to enter upon the hereinafter described land and grade, level, fill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, together with such bridges, culverts, ramps, and cuts as may be necessary, on, over, and across the ground embraced within the right-of-way hereinafter described, further a permanent easement and right-of-way line, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit, for the purpose of constructing, maintaining and repairing, installing and renewing any water, sewer, and other utility facilities, whether used in conjunction with general street purposes, or for the sole purpose of constructing, maintaining, installing, repairing and replacing and/or renewing such sewer or other facilities for all purposes whatsoever, including but not by way of limitation, drainage structures for both sanitary and storm sewer ground embraced within the right-of- way hereinafter described, which is located within the boundaries of a tract or parcel of land situated in the County of St. Joseph, State of Indiana, briefly described as follows: A five foot easement East of and adjacent to the Easterly Right -of - Way line of the Chapin Street Inner Belt along the full length of Lot No. 6 of Mary Witherill's Subdivision of Bank Out Lot 32. The Easement Agreement will pertain to Lot No, 5 of Mary Witherill's Subdivision of Bank Out Lot 32 only for right of entry by the City of South Bend for fence maintenance. To have and to hold the said easement and right-of-way unto the Civil City of South Bend, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lawfully seized and possessed of the -2- afore described tract or parcel of land; that they have a good and lawful right to sell and convey; that it is tree from all encumbranc and that they will warrant and forever defend the title in quiet es; Possession thereto against the lawful claims of all persons whomsoever. And as a further consideration for the payment of the purchase price, above stated, the Grantors hereby release all claims for damage, from whatsoever cause, incidental to the exercise of any of the rights herein granted, from the beginning of the world until this date. It is understood and agreed by the parties hereto, that wherever in the foregoing instrument the singular number is used, it will be read as plural, if and when necessary, and that wherever words of neuter gender are employed, they will likewise apply to the masculine gender, whenever the contract requires. IN WITNESS WHEREOF the parties have hereunto set their hands and seals this /Opday of z ���� 1975. ST. JOSEPH COL=Y ) SS: STATE OF INDIANA ) Before me, a Notary Public, in and for said County and State, personally appeared L,/- who acknowledges the execution of the above and for instrument and right-of-way as free and voluntary act and deed this day of ��� 1975. Notary Public My Commission Expires: PURCHASE AGREEMENT THIS AGREEMENT entered into this day of 19 75 , by and between hereinafter referred to as Buyer, and the Civil City of South Bend, a municipal corporation of the State of Indiana, hereinafter referred to as City. WITNESSETH: WHEREAS, Ordinance No. 5387-72 establishes the procedures for the disposition and rental of real property owned by the City of South Bend; and WHEREAS, the Board of Public Works is empowered to carry out the provisions of said ordinance; and WHEREAS, the Board has determined that certain real property owned by the City of South Bend is no longer necessary for the public use; and WHEREAS, the Board has adopted by Resolution declaring par- ticular parcels of real property as excess and available for dis- position, and same have been submitted to the Common Council for its consideration and have been deemed conclusive; and WHEREAS, the Board appointed two (2) licensed independent appraisers who have appraised the particular real property; and WHEREAS, based upon the appraisals submitted, the Board established a valuation for the property; and 4 WHEREAS, said property valued by the Board is less than One 1 Thousand ($1,000) Dollars; and WHEREAS, pursuant to Ordinance No. 5387, Section 30A-2(d) the Board is empowered to sell at private sale, without notice, such property at least at the sum of the evaluation; and WHEREAS, the offer of the Buyer in the amount of One Hundred and Fifty ($150.00) Dollars was offered and accepted as the best bid for said property. NOW THEREFORE, it is agreed by and between the parties hereto, and for and in consideration of the premises and the mutual cov- enants herein contained, as follows: 1. City agrees to sell and Buyer agrees to buy: Part of Lot No. 6 of Mary Whitherill's Subdivision of Bank Out Lot 32 of South Bend, Indiana, described as follows: Beginning at the South East corner of said Lot No. 6; thence due west along the South property line of said Lot No. 6 a distance of 29.71 feet to the Easterly Right -of -Way line of the Chapin Street Innerbelt; thence North Easterly along the said Easterly Right -of - Way line a distance of 177.32 feet to a point 22 feet more or less South of and 6 feet more or less West of the North East corner of said Lot No. 6; Thence further North Easterly along the said Easterly Right -- of -Way line a distance of 23.18 feet to the North East Corner of said Lot No. 6; thence due South along the East property line of said Lot No. 6 a distance of 198 feet to the point of beginning; containing 3,434 square feet more or less all in Portage Township, St. Joseph County, Indiana. 2. Buyer agrees to pay the purchase price in full at the time of closing. 3. Buyer agrees to pay all title and abstract costs in- volved in said transaction which he shall desire or request. 4. At the time of closing and after a submission of a receipt for the total purchase price has been submitted by the Controller to the Board of Public Works, the Board shall cause a Quit -Claim Deed to be prepared, which deed shall be signed by the Mayor and attested to by the City Clerk with the Seal cf the City affixed. 5. The buyer hereby grants an easement and right-of-way as evidenced by Exhibit A, attached hereto and included herein. 6. It is expressly agreed that all terms and conditions of this contract are included herein, and no verbal agreements of any kind shall be binding upon the parties, and this contract shall be binding upon all parties hereto, their heirs, administrators, executors, successors, and assigns. ATTEST: 6-r/C Address) -2- CITY OF SOUTH BEND BY ITS BOARD OF PUBLIO WORKS Rollin E. Farrand '— James V. Barcome amen R. Seitz ATTEST: Patricia DeClercq, Clerk Board of Public Works f r Cc i��X Ave,. _ N �MA w 1ee • 4 I `e rya in;rs9 '�a'ior� o¢ LOT l 6 y Wk;thex %1 I's S.A. o; 13, U L 32. O. Part of Lot No. 6 of Mary WhitherillIs Subdivision of Bank Out Lot no 32 in South Bend, Indiana, described as follows: Beginning at the E Southeast corner of slid Lot No. 6; thence due West along the South property line of said Lot No. 6 a distance of 29.71 feet to the Easterly 11 Right -of -Way line of the Chapin Street Inner Belt;. thence North Easterly along the said Easterly Right -of -Way line a distance of 177.32 feet to a 22 feet more or less South of and 6 feet more or less West of the Northeast corner of said Lot No.. 6 ; thence further North Easterly along the East erly Right -of -Way line a distance of 23.18 feet F to the North6ast corner of said Lot No. 6; thence due South along the East property line of said Lot No. 6 a distance of 198 feet to the point of beginning; containing 3,434 square feet more or less all in Portage Township, St. Joseph County, Indiana. a EXHIBIT A EASEMENT AND RIGHT-OF-WAY In consideration of the sum of Dollars cash in hand paid, receipt whereof is hereby acknowledged, the undersigned hereby grant, bargain, sell, convey, transfer, deliver unto the Civil City of South Bend, a permanent easement and right-of-way, for the following purposes, namely: the right to enter upon the hereinafter described land and grade, level, fill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, together with such bridges, culverts, ramps, and cuts as may be necessary, on, over, and across the ground embraced within the right-of-way hereinafter described, further a permanent easement and right-of-way line, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit, for the purpose of constructing, maintaining and repairing, installing and renewing any water, sewer, and other utility facilities, whether used in conjunction with general street purposes, or for the sole purpose of constructing, maintaining, installing, repairing and replacing and/or renewing such sewer or other facilities for all purposes whatsoever, including but not by way of limitation, drainage structures for both sanitary and storm sewer ground embraced within the right-of- way hereinafter described, which is located within the boundaries of a tract or parcel of land situated in the County of St. Joseph, State of Indiana, briefly described as follows: A five foot easement East of and adjacent to the Easterly Right -of - Way line of the Chapin Street Inner Belt along the full length of Lot No. 6 of Mary Witherill's Subdivision of Bank Out Lot 32. The Easement Agreement will pertain to Lot No. S of Mary Witherill's Subdivision of Bank Out Lot 32 only for right of entry by the City of South Bend for fence maintenance. To have and to'hold the said easement and right-of-way unto the Civil City of South Bend, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lawfully seized and possessed of the _ -2- 1 afore described tract or parcel of land; that they have a good and lawful right to sell and convey; that it is free from all encumbrances; and that they will warrant and forever defend the title in quiet Possession thereto against the lawful claims of all persons whomsoever. And as a further consideration for the payment of the purchase price, above stated, the Grantors hereby release all claims for damage, from whatsoever cause, incidental to the exercise of any of the rights herein granted, from the beginning of the world until this date. It is understood and agreed by the parties hereto, that wherever in the foregoing instrument the singular number is used, it will be read as plural, if and when necessary, and that wherever words of neuter gender are employed, they will likewise apply to the masculine gender, whenever the contract requires. IN WITNESS WHEREOF the parties have hereunto set their hands and seals this day of 1975. ST. JOSEPH COUNTY ) STATE OF INDIANA ) SS: Before me, a Notary Public, in and for said County and State, personally appeared who acknowledges the execution of the above and f egoing instrument and right-of-way as "�L free and voluntary act and deed this /P— day of `%2 1975. Notary Pu lic My Commission Expires: 5-2 d� /��� Noveniber 24, 1975 To: xaL:hleen Cekanshi - DeputY City Attorney From: Board of Public t170rks Pe: purchase Agreement - Ljillsam CressY The Board of nubl'-C TY7orks has and `owes Fr�i� o le rl�nae` i7h nearthe inner ,.Till i am dressy far' the purchase O belt- --,,or $150.00. A ccoy of- the Purchase Agreement is attached and the Board has s� YOU for preparation of the deed and final rei_P�_ rec' Lr e Ana te:� to � Cressy and made closing. The Basement Agreement signed by, to be e recorded when a oast of the Purchase ?%greem-an— -gill szafrre to final ac-ion on this inatter is taiecen. BOARD Or! PUBLIC Ct70RKS patri.cia DeClercq, Clerk M? Att . FORM PRCSCRlBED BY STASE SOARQ OF ACCOUNTS QUIETUS I`:Y RIYISED CITY FORM KO. 204 f OFFICE OF CITY COONTROLLFR N� 16 4 01 'go#R0.0.000.08 Fund SOUTH BEND, IND.,—'11 19 76 $ isn.an I HEREBY CERTIFY THAT: ou. - Willi R Creasy HAS FILED IN MY OFFICE THE REGEIPT OF THE GITY TREASURER ------ 00.1100 loo DOLLARS IN THE SUM OF ON ACCOUNT OF Peter H. Mullen ,dew CITY CONTROLLER BOARD OF PUBLIC WORKS Patricia DeClercq, Clerk mp Att. UD. `6 WD B MEMO January g, 1976 To: Michael L. Vance - Deputy City Controller From: Board of Public Works Re: Sale of Portion of Innerbelt Property Attached you will find a check in the amount of $150.00 from William R. Cressy for the purchase of part of Lot 06, Mary Witherill's Subdivision (Innerbelt Property), please Quietus into the General Fund. BOARD OF PUBLIC WORKS Patricia DeClercq, Clerk mp Att. January 8, 1976 To: Michael L. trance -- DepUtTII City Controller From: 3oard of Public Works Re: Sale of porticn of Innerbelt 'Property ?attached you will find a check in the amount of $150.00 from vtirilliam Cressy for the purchase of part of Lot 46, M-ary k,ji','_i' o- ri i .i ° s Subdivision (Innerbelt Property) . Please Quietus L n cc: the General Fund. BOARD OF PU'zLIC TRORM Patricia DeClercq, Clerk mp Att. No. .� 19.E RECEIVED FROM !Zz.- 1 �. ,/ •� � : %, . �: <% c) DOLLARS 200 ,Account Total $../ G Amount Paid S � 1 e. Balance Due $ "THE EFFICIENGY.� LWE" City Atiomvy MEMO: TO: Jerry J. Miller, Mayor December 10, 1975 FROM: Kathleen E. Cekanski, Deputy City Attorney SUBJECT: Deed Attached is a Quit -Claim Deed from the City of South Bend to William R. Cressy. This deed covers the sale of a parcel of property near the inner belt. The City of South Bend, through its Board of Public Works, will be paid the sum of $150.00 for this strip of land which was acquired for the construction of the inner belt but this strip was excess land which was unused by the City. This deed is to be signed by you on behalf of the City of South Bend and attested by Irene Gammon and then notarized. Thank you. Ka hleen E. KEC : eh Att. Cekanski CITY OF SOUTH BEND South Send, Indiana 46601 Jerry J. Miller Mayor James A. Roemer City Attorney MEMO: TO: Jerry J. Miller, Mayor December 10, 1975 FROM: Kathleen E. Cekanski, Deputy City Attorney SUBJECT: Deed Attached is a Quit -Claim Deed from the City of South Bend to William R. Cressy. This deed covers the sale of a parcel of property near the inner belt. The City of South Bend, through its Board of Public Works, will be paid the sum of $150.00 for this strip of land which was acquired for the construction of the inner belt but this strip was excess land which was unused by the City. This deed is to be signed by you on behalf of the City of South Bend and attested by Irene Gammon and then notarized. Thank you. Ka hleen E. KEC:eh Att. Cekanski 0 LH w v ro r4 Cd 0 Q, 4-3 U RS +-3 0 U Q) m ro .c 4-1 u v a enc . 110 a� U cV U)r--I (10 U) ram, m � �-4 -K:� U O H O � 3 F-I --i --A a4 U -A � xl rn �4rn o = -4 v) cc: Pat DeClercq 1. ,et;,ent and . the Inner - are in agree - of Public as-croval. lie final call isti� k,,.nsk i :torney ao cd L9 T 5 a of •r-I U] •rl of 'd as �J C 4-1 U) ro •H cc b r. CDr+ H E reemient anel �+ b for the lime r- Q O a) w +� ads .c 'ou are in a-7ree— � :j °e of r'ubj.ic °' O approval . �s H t W •� l�:le rar2n]. w � Q ^ ,—I N N \.D M N to cF_ 0 0 m U O �j ra O Q 4-4 x 4j o 0 w w Attorney enc. cc: Yat DeClereq Jovemi�cr 10. 1375 Mr. � illiam Cressy 1949 inglewaO 'lace South bend J. Tndiana 46610 Dear Mr. Cressy: Please find an origillal purchase aEreement and three ( ) cad=ies tr�Freai y and anoj:fc.,--in sheet for t1le inner - belt propE-rty in ?la.ve ].nqui.red. � e ask ;dot► to read these documents and if you are in a Free- mc-lit, &:.indly s �_ r; them and. send them to the Board of Public :works 1n tiLE County -City Dualdin- for tcie Doard.Ys approval. A closiug date will to ,ref: d1V1 the ;:,care! for the fxnol transactions. f r;ok 1-lave ant clue::tioi1.c Please feel tree to ca:�.l di •ect-1y. ^haDk YOU. incex'e1s , naf l�'1�en rekansk.i. Deputy Cit,,F AttOrneY ki , (i' : V 1 eric . cc : Pat DeClereq This is a legal description of the residue of Lot No. 6 which was purchased in its entirety for the Right -of -Way of the Chapin Street Inner Belt area. On behalf of the City of South Bend, Indiana, I find no fur- ther use of this land; therefore I recommend that it be sold. Part of Lot No. 6 of Mary Whitherill's Subdivision of Bank Out Lot 32 in South Bend, Indiana, described as follows: Beginning at the South Fast corner of said Lot No. 6; thence due West along the South property line of said Lot No. 6 a distance of 29.71 feet, to the Easterly Right -of -Way line of the Chapin Street Inner Belt; thence North Easterly along the said Easterly Right -of -Way line a distance of 177.32 feet to a point 22 feet more or less South of and 6 feet more or less West of the North East corner of said Lot No. 6; thence further North Easterly along the said Easterly Right -of -Way line a distance of 23.18 feet to the North East corner of said Lot No. 6; thence due South along the East property line of said Lot No. 6 a distance of 198 feet to the point of beginning; containing 3,434 square feet more Cr less all in Portage Township, St. Joseph County, Indiana. This is a leanl description, cf -he residue of Lot 'Na. 6 which wt:as purchased in its entirety for the Pt`t-of-bray of the Chapin Street Inner Belt area. On behalf of the City of South Bend, Indiana, I find no fur- LiIeY' use of rh- 1 and; =^e:"Lf0'!'P_ I recominend that it be sold. y—r � -art of ? o} tic. 5 of "ary WhitheriI ;'s Subdivision of Bank Q:it L =- South Rend, r.diana. descrioed as follc, 5: Beo nn.ing at the South ras: f said �vt -1'._G •!L� .-'� :7t_r?� "�� �':. .��... �i r'r.,l._�L. : ii,�,_ U Lot No. 6 a distance ^•� _�7)-71 fd'et ne Fc��d�rT_: f:q'i4-Cli-ia1 r� uth of and 6 f=eL iiiGr� Or _» Y1cSL Of `�a Nortn East corner of saic Lc 6; thence rurcner i:ortr• =asters✓ alorc_ ;ne said E&3tE-r `e a distance of c3_1S F,=- 'J Nor.' '_aof ;aid L. t `i _ �o ;Eet to = all in Por;.aae Tr�..rsr'... r-3 �v .XA 02 9.7/1 3 mme7 eMAiftir`' ?Oytl*m of LOT(O l �aur illl�it�ter it 'S 6 . o Y I S f B.b L � �, 32 Part of Lot Subdivision of No. 6 of Mary Whitherill's Bank Out Lot no 32 in South Bend, Indiana, described as ;follows: Beginning; at the . a Southeast corner of said Lot Nothence due West along the South property line of said Lot No. 6 a distance of 29.71 feet to the Easterly Right -of -Way line of the Chapin Street Inner Belt;, thence North Easterly along the said � s Right -of -Way line a distance of l Easterly 22 feet more or less South of and 76�fe feet to r less West of the Northeast corner offsaeidLoL Noy 6 ; thence further North Easterly along the East erly Right -of -Way line a distance of 23.18 feet to the Northeast corner of said Lot No. 6; thence i due South along the East property line of said Lot No, 6 a distance of 198 feet to the beginning; containing 3, Indiana. 434 square feet mntPore less all in Portage Township, St- Joseph County, i i i EXHIBIT A Fff C, b4aK 8D ; apt '? -� GI EASEMENT AND RIGHT-OF-WAY In consideration of the sum of One Dollars cash in hand paid, receipt whereof is hereby acknowledged, the undersigned hereby grant, bargain, sell, convey, transfer, deliver unto the Civil City of South Bend, a permanent easement and right-of-way, for the following purposes, namely: the right to enter upon the hereinafter described land and grade, level, fill, drain, pave, build, maintain, repair, and rebuild roads, streets, highways, together with such bridges, culverts, ramps, and cuts as may be necessary, on, over, and across the ground embraced within the right-of-way hereinafter described, further a permanent easement and right-of-way line, including the perpetual right thereupon the real estate hereinafter described, at any time that it may see fit, for the purpose of constructing, maintaining and repairing, installing and renewing any water, sewer, and other utility facilities, whether used in conjunction with general street purposes, or for the sole purpose of constructing, maintaining, installing, repairing and replacing and/or renewing such sewer or other facilities for all purposes whatsoever, including but not by way of limitation, drainage structures for both sanitary and storm sewer ground embraced within the right-of- way hereinafter described, which is located within the boundaries of a tract or parcel of land situated in the County of St. Joseph, State of Indiana, briefly described as follows: A five foot easement East of and adjacent to the Easterly Right -of - Way line of the Chapin Street Inner Belt along the full length of Lot No. 6 of Mary Witherill's Subdivision of Bank Out Lot 32. The Easement Agreement will pertain to Lot No, 5 of Mary Witherill's Subdivision of Bank Out Lot 32 only for right of entry by the City of South Bend for fence maintenance. To have and to"hold the said easement and right-of-way unto the Civil City of South Bend, Indiana, and unto its successors and assigns forever. And the said Grantors hereby covenant with the Civil City of South Bend, Indiana, that they are lawfully seized and possessed of the S]- GHON IZVNl,O1 killd3iS 10'V I] )10 0 S 1.1 `i101.1,1 '00 IId�"SOi"113 i -2_ afore described tract or lawful parcel of land; that right to sell and they have convey; that all good and and that �t is free they will warrant froze, and forever defe,Id encumbrances; Possession thereto against the lawful the title in �1uie.t And as Claims of all a further consideration for persons whomsoever, above stated, the Grantors he the payment of the Purchase price, hereby release all claims for damage, from Whatsoever cause, incidental to the exercise of an herein granted, from the beginningof y °f the rights the world until this date. It is understood and agreed by the parties hereto, that wherever the foregoing instrument the singular number is used in as plural, if and when necessary,�t will be read and that wherever words of neuter gender are employed, they will likewise apply to the masculine e whenever the contract requires, gender, IN WITNESS WHEREOF the parties have hereunto set their hands and seals - this % day of1975. / N. © EPH COMITY ) SS: INDIANA } Before me, a Notary Public, in and for said County and State personally appeared \ who acknowledges the execution of the above and for oing instrument and right-of-way as � free and voluntary act and deed this l day of >tw' P ,-?_� 1475. Notary Pu is My Commission Expires: I PURCHASE AGREEMENT THIS AGREEMENT entered Into this day of • 1 • ` 91` • • ' .1§101MR11,10,001aP : D1 in rendering my opinion, of market value 1 am guided by the following definition of market value. Market value is the highest price estimated in terms of money which the property will bring if exposed for sale in the open market with a reasonable time allowed to find a purchases.' buying with knowledge of all the uses to which it is adapted and which it is capable of being used. Mt is mar opinion that the fair market value of the vacant lot at the South East corner of Colfax Ave. and the Chapin Innerbelt is Fifty Dollars ($50.00). Legal Description: Lot Size: Assessed Value: Date of Appraisal: The remaining portion of Lot 6 Mary Whitherill's Sub. of DOL 32 29.71 x 198 $70.00 July 7, 1975 Philip M. Oestricher Appraiser r PURCHASE AGREEMENT THIS AGREEMENT entered into this day of 1975, by and between hereinafter referred to as Buyer, and the Civil City of South Bend, a municipal corporation of the Stnt— --P T.. Aj ___ OFFERING SHEET LEGAL DESCRIPTION Part of Lot No. 6 of Nary IThitherill's Subdivision of Bank Out Lot 32 of South Bend, Indiana, described as follows: Beginning at the South East corner of said Lot No. 6; thence due west along the South property line of said Lot No. 6 a distance of 29.71 feet to the Easterly Right -of -Way line of the Chapin Street Innerbelt; thence North Easterly along the said Easterly Right -of -Way line a distance of 177.32 feet to a point 22 feet more or less South o.E and 6 .feet more or less 't•7est of the North East corner of said Lot No. 6; Thence further North Easterly along the said Easterly Right-of-way line a distance of 23.18 feet to the North East Corner of said Lot No. 6; thence due South along the East property line of said Lot No. 6 a distance of 198 feet to the point of beginning; containing 3,434 square feet more or less all in Portage Township, St. Joseph County, Indiana. Vacant Lot Zoning: B-Residential STREET ADDRESS Strip of land left from Inner -Belt Construction Improvements: Curb, Sidewalk, Sewer and Water Lot Size: 3,434 square feet, more or less. See Legal Description above OFFERING PRICE -- � 150.00 PURCHASE AGREEMENT THIS AGREEMENT entered Into this day of 1975, by and between hereinafter referred to as Buyer, and the Civil City of South Bend, a municipal corporation of the State of Indiana, hereinafter referred to as City. WITNESSETH: WHEREAS, Ordinance No. 5387-72 establishes the procedures for the disposition and rental of real property owned by the City of South Bend; and WHEREAS, the Board of Public Works is empowered to carry out the provisions of said ordinance; and WHEREAS, the Board has determined that certain real property owned by the City of South Bend is no longer necessary for the public use; and WHEREAS, the Board has adopted by Resolution declaring par- ticular parcels of real property as excess and available for dis- position, and same have been submitted to the Common Council for its consideration and have been deemed conclusive; and WHEREAS, the Board appointed two (2) licensed independent appraisers who have appraised the particular real property; and WHEREAS, based upon the appraisals submitted, the Board established a valuation for the property; and WHEREAS, said property valued by the Board is less than One Thousand ($1,000) Dollars; and WHEREAS, pursuant to Ordinance No. 5387, Section 30A-2(d) the Board is empowered to sell at private sale, without notice, such property at least at the sum of the evaluation; and WHEREAS, the offer of the Buyer in the amount of One Hundred and Fifty ($150.00) Dollars was offered and accepted as the best bid for said property. NOW THEREFORE, it is agreed by and between the parties hereto, and for and in consideration of the premises and the mutual cov- enants herein contained, as follows: 1. City agrees to sell and Buyer agrees to buy: Part of Lot No. 6 of Mary Whitherill's Subdivision of Bank Out Lot 32 of South Bend, Indiana, described as follows: Beginning at the South East corner of said Lot No. 6; thence due west along the South property line of said Lot No. 6 a distance of 29.71 feet to the Easterly Right -of -Way line of the Chapin Street Innerbelt; thence North Easterly along the said Easterly Right -of - Way line a distance of 177.32 feet to a point 22 feet more or less South of and 6 feet more or less West of the North East corner of said Lot No. 6; Thence further North Easterly along the said Easterly Right - of -Way line a distance of 23.18 feet to the North East Corner of said Lot No. 6; thence due South along the East property line of said Lot No. 6 a distance of 198 feet to the point of beginning; containing 3,4314 square feet more or less all in Portage Township, St. Joseph County, Indiana. 2. Buyer agrees to pay the purchase price in full at the time of closing. 3. Buyer agrees to pay all title and abstract costs in- volved in said transaction which he shall desire or request. 4. At the time of closing and after a submission of a receipt for the total purchase price has been submitted by the Controller to the Board of Public Works, the Board shall cause a Quit -Claim Deed to be prepared, which deed shall be signed by the Mayor and attested to by the City Clerk with the Seal of the City affixed. 5. The buyer hereby grants an easement and right -of --way as evidenced by Exhibit A, attached hereto and included herein. G. It is expressly agreed that all terms and conditions of this contract are included herein, and no verbal agreements of any kind shall be binding upon the parties, and this contract shall be binding upon all parties hereto, their heirs, administrators, executors, successors, and assigns. ATTEST: (Buyer)(/ �7 r (Ad ress) -2- James �Barcome ATT T: Patricia DeClercq, Clerk Board of Public Works - i ' r } WA �RE Mininj ?Oytwa4 of L.OT • � 1��►t���61'� Sib. �� �D !,,": J sz. 00 a Part of Lot No. 6 o' Ma Subdivision of Bank o Whitherill's ; n� Dut Lot Indiana, described as follows; 3 in South Bend, Southeast corner of staid Lot No West at the West along the b3 thence due 11 South No. 6 a distance of 2pxopert5 line of said Lot i sterly Right-cf-Way line of thelChapin feet tStreet o the Inner Belt;' thence North Easterly along the said Right -of -Way line a distance of 172Easterlyfeet 22 feet more t or Less o less West of the NortSouth of and 6•feetmore or heast corner of said Lot No; 6 ; thence further North Easterly along the East-' erly Right -of-Way line a distance of 2 11 3.18 to the North6ast corner of said Lot No. 6- feet due South along the East G; hence roperty line of said i Lot AIo. a distance of 198 o beginning; tthe containingfeet point of less all in Po 3,�+3+ squarefeet more or Portage Township, Indiana. St- Joseph County, E y a97/' County, Indiana. r N � ►'� • vunGt,,,i � PURCHASE AGREEMENT THIS AGREEMENT entered into this day of , 1975, by and between hereinafter referred to as Buyer, and the Civil City of South Bend, a municipal corporation of the State of Indiana, hereinafter referred to as City. WITNESSETH: WHEREAS, Ordinance No. 5387-72 establishes the procedures for the disposition and rental of real property owned by the City of South Bend; and WHEREAS, the Board of Public Works is empowered to carry out the provisions of said ordinance; and WHEREAS, the Board has determined that certain real property owned by the City of South Bend is no longer necessary for the public use; and WHEREAS, the Board has adopted by Resolution declaring par- ticular parcels of real property as excess and available for dis- position, and same have been submitted to the Common Council for its consideration and have been deemed conclusive; and WHEREAS, the Board appointed two (2) 'licensed independent appraisers who have appraised the particular real property; and WHEREAS, based upon the appraisals submitted, the Board established a valuation for the property; and WHEREAS, said property valued by the Board is less than One Thousand ($1,000) Dollars; and WHEREAS, pursuant to Ordinance No. 5387, Section 30A-2(d) the Board is empowered to sell at private sale, without notice, such property at least at the sum of the evaluation; and WHEREAS, the offer of the Buyer in the amount of One Hundred and Fifty ($150.00) Dollars was offered and accepted as the best bid for said property. NOW THEREFORE, it is agreed by and between the parties hereto, and for and in consideration of the premises and the mutual cov- enants herein contained, as follows: 1. City agrees to sell and Buyer agrees to buy: Part of Lot No. 6 of Mary Whitherill's Subdivision of Bank Out Lot 32 of South Bend, Indiana, described as follows: Beginning at the South East corner of said Lot No. 6; thence due west along the South property line of said Lot No. 6 a distance of 29.71 feet to the Easterly Right -of -Way line of the Chapin Street Innerbelt; thence North Easterly along the said Easterly Right -of - Way line a distance of 177.32 feet to a point 22 feet more or less South of and 6 feet more or less West of the North East corner of said Lot No. 6; Thence further North Easterly along the said Easterly Right - of -Way line a distance of 23.18 feet to the North East Corner of said Lot No. 6; thence due South along the East property line of said Lot No. 6 a distance of 198 feet to the point of beginning; containing 3,434 square feet more or less all in Portage Township, St. Joseph County, Indiana. 2. Buyer agrees to pay the purchase price in full at the time of closing. 3. Buyer agrees to pay all title and abstract costs in- volved in said transaction which he shall desire or request. 4. At the time of closing and after a submission of a receipt for the total purchase price has been submitted by the Controller to the Board of Public Works, the Board shall cause a Quit -Claim Deed to be prepared, which deed shall be signed by the Mayor and attested to by the City Clerk with the Seal of the City affixed. 5. The buyer hereby grants an easement and right-of-way as evidenced by Exhibit A, attached hereto and included herein. 6. It is expressly agreed that all terms and conditions of this contract are included herein, and no verbal agreements of any kind shall be binding upon the parties, and this contract shall be binding upon all parties hereto, their heirs, administrators, executors, successors, and assigns. ATTEST: ( uver) -2- 11 ATTEST: Patricia DeClercq, Clerk Board of Public Works -3 CITY OF SOUTH BEND BY ITS BOARD OF PUBLIC? WORKS Rollin E. Farrand James V. Barcome d J es itz M PURCHASE AGREEMENT THIS AGREEMENT entered into this day ofG����-+ 1975, by and between hereinafter referred to as Buyer, and the Civil City of South Bend, a municipal corporation of the State of Indiana, hereinafter referred to as City. WITNESSETH: WHEREAS, Ordinance No. 5387-72 establishes the procedures for the disposition and rental of real property owned by the City of South Bend; and WHEREAS, the Board of Public Works is empowered to carry out the provisions of said ordinance; and WHEREAS, the Board has determined that certain real property owned by the City of South Bend is no longer necessary for the public use; and WHEREAS, the Board has adopted by Resolution declaring par- ticular parcels of real property as excess and available for dis- position, and same have been submitted to the Common Council for its consideration and have been deemed conclusive; and WHEREAS, the Board appointed two (2) licensed independent appraisers who have appraised the particular real property; and WHEREAS, based upon the appraisals submitted, the Board established a valuation for the property; and WHEREAS, said property valued by the Board is less than One Thousand ($1,000) Dollars; and WHEREAS, pursuant to Ordinance No. 5387, Section 30A-2(d) the Board is empowered to sell at private sale, without notice, such property at least at the sum of the evaluation; and WHEREAS, the offer of the Buyer in the amount of One Hundred and Fifty ($150.00) Dollars was offered and accepted as the best bid for said property. NOW THEREFORE, it is agreed by and between the parties hereto, and for and in consideration of the premises and the mutual cov- enants herein contained, as follows: 1. City agrees to sell and Buyer agrees to buy: Part of Lot No. 6 of Mary Whitherill's Subdivision of Bank Out Lot 32 of South Bend, Indiana, described as follows: Beginning at the South East corner of said Lot No. 6; thence due west along the South property line of said Lot No. 6 a distance of 29.71 feet to the Easterly Right -of -Way line of the Chapin Street Innerbelt; thence North Easterly along the said Easterly Right-of-- way line a distance of 177.32 feet to a point 22 feet more or less South of and 6 feet more or less West of the North East corner of said Lot No. 6; Thence further North Easterly along the said Easterly Right - of -Way line a distance of 23.18 feet to the North East Corner of said Lot No. 6; thence due South along the East property line of said Lot No. 6 a distance of 198 feet to the point of beginning; containing 3,434 square feet more or less all in Portage Township, St. Joseph County, Indians,. c 2. Buyer agrees to pay the purchase price in full at the time of closing. 3. Buyer agrees to pay all title and abstract costs in- volved in said transaction which he shall desire or request. 4. At the time of closing and after a submission of a receipt for the total purchase price has been submitted by the Controller to the Board of Public Works, the Board shall cause a Quit -Claim Deed to be prepared, which deed shall be signed by the Mayor and attested to by the City Clerk with the Seal of the City affixed. 5. The buyer hereby grants an easement and right--of-way as evidenced by Exhibit A, attached hereto and included herein. 6. It is expressly agreed that all terms and conditions of this contract are included herein, and no verbal agreements of any kind shall be binding upon the parties, and this contract shall be binding upon all parties hereto, their heirs, administrators, executors, successors, and assigns. ATTEST: (Buyer) (Ad ress) -2- CITY OF SOUTH BEND BY ITS BOARD OF PUBLID WORKS G . 1 /2-A Rollin E. Farrand James V. Barcome s h. ATT T: G(J�� Patricia DeClereq, Clerk Board of Public Worka A 02 9.7/' 1 Cc lfax Ave, N _mm r 4 f 1 -Re m;Ain9 ?oYti*A of LOT M6y Kithe ►dl's Sub. of '5.® L 32. Part of Lot No. 6 of Mary Whitherill's Subdivision of Bank Out Lot no 32 in South Bend, Indiana, described as follows: Beginning; at the Southeast corner of said Lot No. 6; thence due ! West along the South property line of said Lot No. 6 a distance of 29.71 feet to the Easterly Right -of -Way line of the Chapin Street Inner Belt; - thence North Easterly along the said Easterly ; Right -of -Way line a distance of 177.32 feet to a 22 feet more or less South of and 6 feet more or less West of the Northeast corner of said Lot No; 6 ; thence further North Easterly along the East- erly Right -of -Way line a distance of 23.18 feet i to the Northeast corner of said Lot No. 6; thence ! due South along the East property line of said f Lot No. G a, distance of 198 feet to the point of beginning; containing 3,4+ 11 square feet more or less all in Portage Township, St. Joseph County, Indiana. t