HomeMy WebLinkAboutApproving an Option for the Purchase Real Estate Between City of South Bend & Mabel M. CrowelORDINANCE NO. 4301 -60
Passed by the Common Council of the City of South Bend,
February 8, 1960
Presented by me to the Mayor of the City of South Bend,
February 9, 1960
Clerk
Of Common Council
Approved and signed by me February 9, 1960
Clerk
M7
ORDINANCE NO, 4301 -60
AN ORDINANCE APPROVING AN OPTION FOR THE
PURCHASE OF REAL ESTATE BETWEEN THE
MUNICIPAL CITY OF SOUTH BEND AND MABEL
M. CROWEL
BE IT ORDAINED by the Common Council of the Civil City of South Bend,
Indiana:
SECTION I. That the Municipal City of South Bend through its Board of
Public Works & Safety entered into an option for the purchase of real estate
from Mabel M. Crowel, unmarried and of adult age, on the 18th day of
December, 1959; that the actions of the Municipal City of South Bend in
exercising this option is hereby approved and confirmed and said option with
the terms thereof read as follows:
REAL ESTATE OPTION
THIS AGREEMENT made in duplicate this 18 day of December, 1959,
by and between Mabel M. Crowel, unmarried and of adult age, hereinafter
called the Vendor, and the City of South Bend, Indiana, acting by and
through its Board of Public Works, hereinafter called the Purchaser,
Witnesses:
In Consideration of the sum of Five Hundred ($500. 00) Dollars, to
her in hand paid, the receipt of which is hereby acknowledged, and in
consideration of the covenants herein contained, the Vendor hereby
gives and grants to the Purchaser the right and option to purchase
the following described real estate in St. Joseph County, Indiana:
A part of the West Half of the Northeast Quarter of Section
Thirty (30), Township Thirty -seven (37) North, Range Three
(3) East, described as commencing at the Northwest corner
of the Northeast Quarter of said Section Thirty (30); thence
East along the North line of said Quarter Section a distance
of Thirty -five (35) feet; thence South, parallel with the
West line of said Quarter Section a distance of One Thousand
One Hundred Twenty -three and Eight tenths (1123. 8) feet;
thence East, parallel with the South line of said Quarter
Section a distance of Six Hundred Twenty -three and Forty -one
Hundredths (623. 41) feet; thence South, parallel with the
West line of said Quarter Section a distance of approximately
Three Hundred Forty -six and one -half (346. 5) feet to the South
line of said Quarter Section; thence West along said South
line a distance of approximately Six Hundred Fifty -eight and
Forty -one Hundredths (658. 41) feet to the Southwest corner
of said Quarter Section; thence North along the West line of
said Quarter Section a distance of approximately One Thousand
Four Hundred Seventy and Three tenths (1470. 3) feet to the
place of beginning, containing approximately six and fourteen
hundredths (6. 14) acres.
Subject to the rights granted to the Northern Indiana Public
Service Company by the terms of a deed of easement dated the
10th of March, 1948, and recorded in Deed Record 435 at page
490 of the records of St. Joseph County, Indiana.
This option may be exercised by the Purchaser by delivering to the
Vendor at No. 18009 Ireland Road, South Bend, Indiana, either in person
or by Registered United States ,Mail, a written notice of intention to
exercise this option, on or before the first day of April, 1960. If
this option is so exercised, the real estate above described shall be
sold and purchased according to the provisions hereinafter contained;
if not so exercised, it shall expire at midnight of the first day of
April, 1960, the Vendor shall retain the consideration above recited,
and the other provisions shall have no further force or effect.
The purchase price shall be Six Thousand One Hundred Forty ($6140. 00)
less the Five Hundred($500. 00) Dollars above recited, or the sum of
Five Thousand Six Hundred Forty ($5640. 00) Dollars. Upon receipt of
notice of intention to exercise this option, the Vendor shall proceed_
with due diligence to procure and deliver to the Purchaser a complete
abstract of title to the real estate above described, certified approx-
imately to the date of the notice, by an Abstractor maintaining an adequate
title plant as defined by the Indiana Title Association. The Purchaser
shall have reasonable time to cause such abstract to be examined. If the
examination thereof discloses any defects in the title of the Vendor,
rendering the same not merchantable, and if the Purchaser shall promptly
supply the Vendor with a written statement of such defects, the Vendor
shall proceed with due diligence to cause such defects to be removed,
or to have the title quieted as against the same.
When the title to the above described real estate has been rendered
merchantable, but in any event within ninety (90) days of the date of
the notice of exercise of this option, the Vendor shall deliver to the
Purchaser a good and sufficient warranty deed, conveying title to the
above described real estate to the Vendor free and clear of all liens
and encumbrances, except the lien for real estate taxes for the year 1960,
payable in 1961, and shall then surrender the possession of the above
described real estate to the Purchaser. At the same time, the Purchaser
shall pay to the Vendor the sum of Five Thousand Six Hundred Forty ($5640. 00)
Dollars, and shall convey to the Vendor, her heirs and assigns, by good
and sufficient conveyance, a perpetual easement across that portion of
the above described real estate which lies North of a line 346. 5 feet
North of, and parallel to, the South line of the Northeast Quarter of said
Section Thirty, for ingress to and egress from the remainder of the real
estate now owned by the Vendor in the Northeast Quarter of said Section
Thirty; and shall promptly thereafter establish and maintain thereon a
paved roadway according to the specifications for Class 1°C" roadways
now in force in the City of SouthBend, Indiana, for the use of the
Vendor, her heirs and assigns.
The covenants herein made shall bind, and shall inure to the benefit
of, the heirs, personal representatives and assigns of the Vendor, and
the successors and assigns of the Purchaser.
-2-
IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year first above written.
Mabel M. Crowel (SEAL)
THE CITY OF SOUTH BEND, INDIANA
By Frank J. Bruggner
R. A. Andrysiak
Irving J. Smith
its Board of Public Works
Attest Anthony J. Sabo
Clerk of the Board of Public Works
(SEAL)
SECTION II, That the real estate option heretofore referred be and the same is
hereby approved.
SECTION TIL This ordinance shall be in full force and effect after its passage
by the common council and its approval by the Mayor.
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