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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.