HomeMy WebLinkAbout#3032- Deed; OPTION TO PURCHASE Southeast Quarter of Section 25, Township 37 North, Range 2 East- 302
2/27/1961
k Option to Purchase
LOT NO.
SUB:
Place and Company
Miami and Ireland Roads
Description: 37 North,
i Southeast Quarter of Section 25, Township
Range 2 East
41 -'t �y
OPTION: PLACE & CO. to CITY OF SOUTH BEND
MIAMI & IRELAND ROAD
FOR FIRE STATION PURPOSES
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OPTION
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IN CONSIDERATION of the payment of One ($1.00) Dollar
and other good and valuable consideration, receipt whereof is
ki�rEby acknowledged, the undersigned, PLACE AND COMPANY, INC.,
hereinafter referred to as Optionor, by its duly authorized
officer, Andrew S. Place, hereby grants and gives to the City of
South Bend, a municipal corporation, hereinafter referred to as
Optionee, an option to purchase the following described property
in the City of South Bend, St. Joseph County, State of Indiana,
located in the South East Quarter of Section 25, Township 37
North, Range 2 East:
Beginning at a point on the East and West Centerline of
said Section 25, Township 37 North, Range 2 East, Nine
Hundred ninety-five (995) feet West of the East line of
said Section 25; thence West along said East and West
Centerline Two Hundred (200) feet; thence South and
parallel to the East line of said Section 25, a distance
of Two Hundred thirty and forty-five hundredths (230.45)
feet; thence East Two Hundred (200) feet parallel to the
said East and West Centerline; thence North Two Hundred
Thirty and Forty-five hundredths (230.45) feet to the
place of beginning, containing 0.9 acres, excepting the
West Thirty (30) feet in width East and West, taken off
of the West side of the above described parcel of land,
subject, however, to the following easements reserved
for the installation and maintenance of sewers, water
mains, gas mains, electric and telephone cables and wires,
and equipment of any other public utility, to -wit:
An easement Twenty (20) feet in width East. and west
in, upon, over and across, described as follows:
Beginning at a point on the East and West Centerline
of Section 25, Township 37 North, Range 2 East, One
Thousand One Hundred Forty-five (1,145) feet West of
the East line of said Section 25; thence West Twenty
(20) feet along said East and West Centerline; thence
South Two Hundred Thirty and forty --five hundredths
(230.45) feet and parallel to the East line of said
Section 25, thence East Twenty (20) feet; thence North
Two Hundred Thirty and Forty --five hundredths (230.45)
feet to the place of beginning of the first herein
described parcel of land; and
An easement Twenty (20) feet in width North and South,
in, upon, over and across the South Twenty (20) feet
of the first hereinabove described parcel of land,
subject to the following terms and conditions:
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"L. unm� therefor shall be NINE
TWENTY-FIVE and 00/100 ($923.00) DOLLARS.
2. This option shall be in full force and effect for a
period of two years from date, exercisable within such period by
the giving of written notice of such exercise by the Optionee to
the Optionor; if such option is not exercised in writing within
such period, then, same shall be null, void, and of no force and
effect.
3. Within five (5) days, or as soon thereafter as is
possible, after the receipt of the written notice of the exercise
of this option, the Optionor shall deliver to Optionee its
executed Warranty Deed covering the above described property and
Optionee shall pay to Optionor the full purchase price therefor;
Optionor shall not be required to either deliver an abstract of
title continued to date, or to furnish title insurance.
4. Such foregoing Warranty Deed shall contain a provision
that such property shall be used for Municipal fire station
purposes only, and, in the event of a user for any other purpose,
title thereto shall revert to Place and Company, Inc. or its
successors and assigns.
5. Optionor shall not be bound 'to honor the exercise of
such option within such period unless Optionee represents and
warrants in writing at such time that such involved property is
to be used only for fire station purposes.
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6. Possession of such property shall be given to the
Optionee as of the date of the closing of the transaction.
7. The granting of this option shall be binding on the
assigns and representatives of the Optionor.
Dated this day of February, 1961.
PLACE AND COMPANY, INC.
By h &w �
Andrew S. Place, President
Optionor
ACKNOWLEDGMENT AND ACCEPTANCE
Receipt of the foregoing executed option is hereby
acknowledged and accepted by the City of South Bend, Board of
ck
Public Works and Safety, this `] day of_F-e��, 1961.
.Anthony J. Sabo
Irvin J. S th
Edwin L. Davies
d S. Andrys
Constituting all the members of
-the Board of Public Works and
Safety of the City of South Bend.
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.)PTIC,
IN CONSIDIEPATION of t:he, Payment .)f olle 1) .�,Ilar
and uthor mood and consi6(ratian, rece,ipt wh'-ru,f is
und.rsicjna,G., pLACI-.; .7�:IjD COLj
hereinafter refcrro6 to as f,-)ptionor. by :its t',Ijiy auL110r.ize.!
A.
Place, hereby grants and gives to the CitY
South BenU, a -iounicipaj cor.qji-atj_on, hereiijafter to as
Optionee, an Option tQ purchas,!:, the f:;)Ilowing U-1escribed proper
in the City of South 1.anCA, Et- JOsePh C(,)untY, State of Indiana,
locateCt in the Souti-i 'Uast Quarter Of Section 25, Townshi'p 3 L i
North, Range 2 East:
Beg inning at a point: on t'he.
said Section 25, Tcrwnshlp 3'7 )go:��tj-j, Range 2 East, NjncD
Hunc'Xe�dl ninaty-five feet WeSt of the East line of
said 5--z�ction 25,- thmce_ 'Wt=Nst. along sai�i IL-:qcjsI-
I- vjes*L
Canterline TIVAD HIIIII-dreU (2U0) :L�otj t1ic-ncsOU4,.:!,j a,,I;a
paica-IL2.1 to Lhe- Jjast line )f said Sec,_-irm 25, a distancc
of Two hundred thirty and, forty-fJLve (230.>71-5)
feet; thence East Two Hun6red (200) feet parallel to the
��a_L� East an.! West Cenl_-Vrlins; thence Werth ri%,Io Hundre�"
I irty and Forty-five hundredt-Ils (230.45) feet to the
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place of beginning, containin{ 0.9 acres, excepting the
West Thixty (30) feet in width East and lm�st, taken of
of the -olest sidc, of the above described pazcel of land',
suhject, however. to the following k_asaij%ents reserve6
for the installation and maintenance of
'dains' gas mtains, electric and teleghone cal)les anti
and ei'juipmont of any ocher public utility, to-%.,: wizeS3
t:
;�n easement Tr.�'Tenty (20) fee"L in 5"X:LQLh za3z anti Iqc:st
in, Upon over and across
describ.ixi as Oollows-
Beginninc at a point oil tjje Last .,,Lcl 4q.,Bt centaarline
of erection 25, Tvwnship 37 North, Rango 2 :east,
one
Thousan6 One I-I'Lindred Forty-five (1,145) feet t.'fest of
tho East line of :jai d Scuction 25i thence i%Test "UVent :Y
(20) feet along said East and West Crant er line; thence
Sout-h 'B,7o I-lundrea Thirty and forty-five hundredths
(230.4,S) feat ana parallel to the L'as-LL line of saki
Section 25, 'thence I'slast 'A-iemty (20) zFeet-,- thence North
Iwo Ounclre6j ':t``hIrty am! Farty-five hundred-t1is (234.-,'5)
feet to the place of beginning of the first herein
deScribeet parc�:I of land; and
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Zen Casement `Liq-_1atv (20) feet :in Sf iC;th 9-orti1 and South,
in, upon, .)v(:;.r and across $:.f'2e south av c--rity (20) f2E't:
of the first herainabove uescribe6 parce.._f land,
subject to 'die following terfas and conditions
1. The total purchase price therefor shall be NIM !-r(W4DlttD
'NrEtv`i=`Y- IVE and 00/100 ( W25 o a0) D.)?,I AR. ' .
2. This option ahall he in full force and affect for a
period of two Y'2ars from date, exercisable wit1jin such Period by
the givilig of written notice of such exercise by the Optionee. to
thy? Optioror i f such option J s not ey-ercis:2d in writing :.�Tithin
such period, 'th�3 n, sc.rL-:-,. shall 'he nulls Void, and of no force and.
effect.
3. Within five (a) days, or aS Soon a-- !--
possible, after the receilat of .the written notice of the e' ercise
of tnis option, the Optionor shall deliver to Opt ionee its
executed Warranty ?7eea covering the above described property and
optiunee shall pay to Optionoa: the: fu11 purchase pa -ice therefor;
Optionor small not be required •L-.o either deliver an abstract of
title cunt ixa +cc ;.o ciatU 3 or to furnish title insurance.
Z1. Such foarec,*ping Warranty Dercd o- hall contain a provision
that ; vc:h property iali.Gcll a used for municipal fire station
purposes only, and, in tiie event of a usor :Eor any other purpose,
title thereto shall revert "to Place and Ct;tmpmiy, Inc. or its
successors and a`,s i qns .
5. oPt'onor seall net be bound to honor the exercise of
such DptiOn Within such period unless raptionee repa:esonts and
warrantu In .-4riting at such time that such involved pr xxc_ rty is
C0 bO Used only for fire station purposes.
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6. Pozsession of such Property shall d-)
g.1VC�T1 t{} t�5a:
3a'. i��luc as of the date of the C:�o5�,n�.� of the tra-_quact:L0n.
7. The granting of this optioxi -11a i I be- b lld inrj on the
ass:icJns an ��. )� : eR1tc11»�_irW:� of the optionor.
DZ4oc3 day of February, 1961.
By
Tmdrevi S . Place, President
oD'16-,ionor
Receipt of the foregning ��xecllted option is hereby
PUblie Works and Safety,� _ ��
---..r�- o eebruar�, 1961,
Taithony J . - a L,::) P ------______
Edwin L.
Davies
Ra�,i_lon
C0115tituting all
t q 11 0ml-be s Of,
the Boarel Of
Public ivorh:s
safety of tha city of S' Mt"nnDend.
REVOCATION OF PREVIOUS OPTION AND GIVING
AND ACCEPTANCE OF OPTION IN LIEU THEREOF
The option to purchase certain real estate dated the
27th day of February, 1961, given by PLACE AND COMPANY, INC. to
the BOARD OF PUBLIC WORKS AND SAFETY, of the Clty of South Bend,
Indiana (with such option being accepted by such Board as of the
27th day of March, 1961), is hereby rescinded, nullified and
revoked, and the option herein given and accepted by such Board
is in lieu thereof.
IN CONSIDERATION of the payment of One (1.00) Dollar and
other good and valuable consideration, receipt whereof is hereby
acknowledged, the undersigned, PLACE AND COMPANY, INC., herein-
after referred to as "Optionor", by its duly authorized Officer,
Andrew S. Place, hereby grants and gives to the CITY OF SOUTH
BEND, a municipal corporation, hereinafter referred to as "Optionee",
an option to purchase the following described property in the City!
of South Bend, St. Joseph County, State of Indiana, located in
the Southeast Quarter of Section 25, Township 37 North, Range 2,
East:
Beginning at a point on the North line of the Southeast
Quarter of Section 25, Township 37 North, Range 2 East,
736.3 feet West of the Northeast corner of the said
Southeast Quarter; thence South 230.45 feet parallel to
the East line of the Southeast Quarter (East line of
Section); thence West 200 feet parallel to the said
North line of the said Southeast Quarter; thence North
230.45 feet parallel to the East line of the said South-
east Quarter to the North line of the said Southeast
Quarter; thence East 200 feet along the said North line
to the place of beginning, containing 1.06 acres more
or less.
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subject to the following terms and conditions:
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1. The total purchase price therefor shall be NINE
HUNDRED TWENTY-FIVE and 00/100 ($925.00) DOLLARS.
2. This option shall be :-n --- nor
period. of two years from date, exercisable within such period by
the giving of written notice of such exercise by the Optionee to
the Optionor; if such option is not exercised in writing within
such period, then, same shall be null, void, and of no force and
effect.
3. Within five (5) days, or as soon thereafter as is
possible after the receipt of the written notice of the exercise
of this option, the Optionor shall deliver to Optionee its execute
Warranty Deed covering the above described property and. Optionee
shall pay to Optionor the full purchase price therefor; Optionor
shall not be required either to deliver an abstract of title
continued to date or to furnish title insurance.
4. Such foregoing Warranty Deed. shall contain a pro-
vision that such property shall be used for Municipal fire station
purposes only, and in the event of a user for any other purpose,
title thereto shall revert to Place and Company, Inc. or its
successors and assigns.
5. Optionor shall not be bound to honor the exercise of
such option within such period unless Optionee represents and
warrants in writing at such time that such involved property is
to be used only for fire station purposes.
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6. Possession of such property shall be given to the
Optionee as of the date of the closing of the transaction.
7. The granting of this option shall be binding on the
assigns and r�pr�scnta/txao s, o t7zc oatior.�r _
Dated. this day of November, 1961.
PLACE AND COMPANY, INC.
0
Andrew S. Place, President
"Optionor"
ACKNOWLEDGEMENT AND ACCEPTANCE
Receipt of the foregoing executed. option is hereby
acknowledged and accepted by the CIT OF SOUTH BEND, BOARD Off'
(O
PUBLIC WORKS AND SAFETY, this day of November, 1961.
Irving JI/ Smith
Edwin L. Davies
ymond S. Andrysi
Constituting all the members of the
Board of Public Works and Safety
of the City of South Bend, Indiana.
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