HomeMy WebLinkAboutOrdering and Providing for the Sale of Certain Real Estate Owned Park DepartmentORDINANCE No. 6235-77
Passed by the Common Council of the City of South Bend, Indiana
OCTOBER 11 ig 77
41._� �— City Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Ind'ana
OCTOBER 12 19 77
IRENE K. GAMMON
Approved and signed by me �9
Clerk
BILL N0.
ORDINANCE NO. (a Q 3 - 77
AN ORDINANCE ORDERING AND PROVIDING
FOR THE SALE OF CERTAIN REAL ESTATE IN
THE CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA, WHICH SAID REAL ESTATE
IS OWNED BY SAID CITY FOR USE OF ITS PARK
DEPARTMENT
WHEREAS, after due consideration and deliberation, it has been
found by the Board of Park Commissioners of the City of South Bend,
Indiana, that the real estate as hereinafter described, by reason of its
restricted area and unsuited topography has never been and is not now
susceptible of development for park purposes, and
WHEREAS, it has been found by said Board of Park Commissioners
that said real estate can be sold and disposed of to the advantage and
best interests of the City of South Bend, Indiana, and
WHEREAS, said Board of Park Commissioners has prepared,
delivered and submitted this ordinance to the Common Council of the
City of South Bend, ordering and authorizing the sale of said real estate
as by law provided, and
NOW THEREFORE, be it ordained by the Common Council of the
City of South Bend, Indiana:
Section 1. That the City of South Bend, Indiana, sell and convey
the following described real estate in South Bend, St. Joseph County,
Indiana, to-wit-
Description 1: A parcel of land being a part of the West Half
of the Northwest Quarter of Section 14, Township 38 North,
Range One East, Warren Township, St. Joseph County, Indiana
and being more particularly described as follows, viz:
Beginning at a point on the West line of said Section 14, a
distance of 665.12 feet South 00- 00' -00" West (Bearing
Assumed) of the Northwest corner of said Section 14; thence
North 900- 00' -00" East, a distance of 250.00 feet; thence
South 00- 00' -00" West, parallel with said West line of
Section 14, a distance of 160.00 feet; thence South 900- 00' -00"
West, a distance of 250.00 feet to said West line of Section 14;
thence North 00-00' -00 "East, along said West line, a distance
of 160.00 feet to the place of beginning containing 0.918 acres,
more or less.
Subject to the legal rights of a public highway and any ease-
ments, covenants or restrictions of record.
Description 2: A parcel of land being a part of the West Half
of the Northwest Quarter of Section 14, Township 38 North,
Range One East, Warren Township, St. Joseph County, Indiana
and being more particularly described as follows, viz:
Beginning at a point on the West line of said Section 14, a
distance of 1,130.14 feet South 00- 00' -00" West (Bearing
LAW dAssumed) of the Northwest corner of said Section 14; thence
C 'North 900- 00' -00" East a distance of 250.00 feet; thence
SOD E m South 00- 00' -00" West, parallel with said West line of f
Section 14, a distance of 198.00 feet; thence South 90 - 00' -00"
L" V West, a distance of 250.00 feet to the Southwest corner of the
C.2 Northwest Northwest
Quarter of the said Northwest Quarter of Section 14;
z 4. thence North 00- 00' -00" East, along said West line of Section
14, a distance of 198.00 feet to the place of beginning contain-
" ing 1.136 acres, more or less.
Subject to the legal rights of a public highway and any ease-
ments, covenants or restrictions of record.
Section 2. That the judge of the Circuit Court of St. Joseph County,
Indiana be requested to appoint three (3) disinterested freeholders of the City
of South Bend, Indiana to appraise the above described real estate.
Section 3. That the Mayor of the City of South Bend be and he is
hereby authorized, empowered and directed to sell and convey on behalf of
the City of South Bend, the above described real estate free and clear of all
liens and encumbrances for an amount not less than the appraised value of said
real estate as determined by the appraisers appointed by the judge of said Court.
Section 4. That, upon receipt of the purchase price, said real estate
shall be conveyed to the purchaser by a deed executed by the Mayor, in the
name of the City, attested by the City Clerk and with the seal of the City
affixed thereto; that said deed shall be in form sufficient to convey the fee
simple title of said real estate of the purchaser and shall contain covenants
of the City that it has not made, done, committed or suffered any act or acts
whereby said real estate or any part thereof may be impeached, charged or
encumbered.
Section 5. That this ordinance shall be in full force and effect from
1sr READING and after its passage by the Common Council and its approval by the Mayor,
PUBLIC HEARING -27
2nd READING �6 �3 air nc3 ORIY to provid -, an
NOT APPROVED opportunity for - 'p-lblis disc;.isslo
REFERRED and Council action on the issufs ---
PASSED dt> -��� _Uemb r of the Common Council
Department of Public Parks
Administration Building
St. Louis Boulevard at Wayne Street
South Bend, Indiana 46617
PHONE: (219) 284 -9401
September 14, 1977
Mr. Roger 0. Parent, President
South Bend Common Council
County —City Building
227 West Jefferson Boulevard
South Bend, Indiana
Dear Mr. Parent:
The Department of Public Parks is requesting the Common Council to
approve the enclosed ordinance to sell two properties on Redwood
Road now owned by the Department of Public Parks.
One property has a wood frame, three bedroom home and the other has
a wood frame, two bedroom home. Both properties are approximately
one acre in size. Pursuant to state law, the properties must be
appraised by three appraisors appointed by the judge of the circuit
court. The properties cannot be sold for an amount less than the
appraised value. The Park Board will advertise bids on both
properties.
The two homes were originally purchased by the Park Department in
1962 for the development of Elbel Golf Course. The back acreage of
the two properties are now part of the golf course and the homes
located on Redwood Road have been rented the past fifteen years.
Although the Park Department has received rent from the two properties,
it is felt, by the Park Board, the maintenance problems involved in
the two homes is not worth the rental income. The Board feels the
Park Department is not in the housing field and should dispose of
both homes.
Mr. Roger 0. Parent
Page 2
The income received from the sale of the two properties must be
deposited in the General Park Fund and cannot be spent until
appropriated by the Common Council and approved by the State Board
of Tax Commissioners.
Very truly yours,
DEPA�TMENT OF P IC PARKS
J es R. S itz,
S: nerintendent
JRS:kb
enclosure
T ammuirr Irpnrt
coo tot Tammon TOUMAL of t4r TUH of 001d4 wtnd:
Your Committee OF THE WHOLE
to whom was referred
A BILL ORDERING AND PROVIDING FOR THE SALE OF
CERTAIN REAL ESTATE IN THE CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA, WHICH SAID REAL
ESTATE IS OWNED BY SAID CITY FOR USE OF ITS
PARK DEPARTMENT.
Respectfully report that they have examined the matter and that in their opinion THIS BILL .SHOULD BE RECOMMENDED
TO THE COUNCIL FAVORABLE.
FRANK PPRVATH
irman
FREE PRESS PUBLISHING CO.