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Home My WebLink AboutApproving Vacant Real Estate on Northside Blvd. Which is no Longer used of useful for Municipal purposes to the Trustees of Indiana UniversityORDINANCE No. 4211 - - -59 Passed by the Common Council of the City of South Bend, Indiana MARCH r Presented by me to the Mayor of the City of South Bend, MARCH 10, ig_c 54 Approved and signed by me MARCH 1 Clerk of Common Council 2&1eC City Clerk -4M07 b� "1' b '59 Py �Q GeECSOrrSOU;H gErD G RCeIE, CLERK ORDINANCE NO. 4261 - - -59 SAN ORDINANCE RATIFYING, APPROVING AND CONFIRMING THE TRANSFER AND CONVEYANCE BY THE MUNICIPAL CITY OF SOUTH BEND FOR THE USE OF ITS PARK DEPARTMENT AND /OR BOARD OF PARK COMMISSIONERS OF VACANT REAL ESTATE ON NORTHSIDE BOULEVARD WHICH IS NO LONGER USED OR USEFUL FOR MUNICIPAL PURPOSES TO THE TRUSTEES OF INDIANA UNIVERSITY, A BODY POLITIC, IN ACCORDANCE WITH THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1951, CHAPTER 72, PAGE 178, AND AUTHORIZING THE EXECUTION OF A DEED OF CONFIRMATION THEREOF WHEREAS, in a deed to the real estate hereinafter described (and other lands), dated October 31, 1951, recorded December 14, 1951, in Deed Record 494, pages 87, 88, in the office of the Recorder of St, Joseph County, Indiana, the grantee therein was described as the Municipal City of South Bend for use of its Park Department and /or Board of Park Commissioners; and WHEREAS, the said Municipal City of South Bend actually received the title to and exclusive possession of the real estate hereinafter described (together with other lands); that in fact no trust was created or intended to be created for said Park Department and /or Board of Park Com- missioners and said Park Department and /or Board of Park Com- missioners has relinquished any and all its interest therein by resolution duly adopted on April 10, 1956; that said title was retained by the said Municipal City of South Bend until its Mayor, on behalf of said City, conveyed the real estate hereinafter described to The Trustees of Indiana University, a body politic, in a deed recorded April 12, 1957s in Deed Record 565, pages 453 -455, of the office of the Recorder of St. Joseph County, Indiana, pursuant to authority of Ordinance No. 40970 adopted by the Common Council of the Municipal City of South Bend on May 28, 1956, and signed by the Mayor on May 29, 1956; and WHEREAS, the real estate hereinafter described was municipal land and remained vacant and undeveloped for park or municipal purposes during such ownership and said real estate was and is no longer used or useful for municipal purposes; and WHEREAS, a college, viz: The Trustees of Indiana University, a body politic, owned and still owns a campus adjacent to the real estate hereinafter described, and which college receives financial support from the State of Indiana and the County in which the same is situated; and WHEREAS, it is the intent of the Common Council of the Municipal City of South Bend to make unmistakably clear that all interest of the Municipal City of South Bend and its Park Department and /or Board of Park Commissioners has validly been granted and conveyed in fee to said college, viz: The Trustees of Indiana University, a body politic, subject to the reservation hereinafter provided. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the (Civil) Municipal City of South Bend, Indiana: 1. That said Council does hereby ratify, confirm and approve the deed of the Mayor of the City of South Bend, St, Joseph County, Indiana, to The Trustees of Indiana Universi- ty, a body politic, in the State of Indiana, recorded April 12, 1957, in Deed Record 5651 pages 453 -455, of the office of the Recorder of St, Joseph County, Indiana, executed under and pursuant to the authority of Chapter 72, page 178, of the Acts of the General Assembly of the State of Indiana of 1951, (all without the necessity of otherwise complying with any other statute relating to sales of public lands by municipal corpor- ations as provided in said Chapter 72 of said Acts), and under the authority of Ordinance No. 4097, entitled "An Ordinance authorizing the transfer and conveyance of vacant property on Northside Boulevard owned by the City of South Bend for the use of its Park Department to The Board of Trustees of Indiana University in accordance with the Acts of the General Assembly -2- of the State of Indiana of 1951, Chapter 7211, adopted by the Common Council of the Municipal City of South Bend, Indiana on May 28, 1956, and signed by the Mayor of said Municipal City on May 29, 1956, and thereupon duly enrolled and re- corded by the Clerk of said Municipal City in the Book of Ordinances of said Municipal City, and as further evidence thereof does hereby authorize and direct the Mayor of the Municipal City of South Bend to execute a deed of confirma- tion to said The Trustees of Indiana University, a body politic, of the following described real estate in the Municipal City of South Bend, St. Joseph County, Indiana, viz: Beginning on the East line of Greenlawn Avenue in the City of South Bend at a point 1104 feet South and 33 feet East of the North West corner of the East Half of the North East Fractional Quarter of Section No. 18, in Township No. 37 North, Range No. 3 East; thence East 226.4 feet to the South East corner of a tract of land, heretofore conveyed to the Huckins Tool and Die, Inc.; thence North along the East line of said tract, 87.6 feet to the South West corner of a 5 acre tract of land formerly owned by Frederick Herman Kops; thence East along the South line of said Kops land and on said line ex- tending East a distance of 288.3 feet to the East line of land formerly owned by the Northern Indiana Transit, Inc.; thence South along said East line 265 feet, more or less, to the Northerly line of North Side Boulevard in said City; thence Westerly along the Northerly line of North Side Boulevard to the East line of Greenlawn Avenue; thence North along said East line 337.4 feet, more or less, to the place of beginning, excepting therefrom the following: A parcel of land beginning at a point 1046.4 feet South Zero Degrees and Five Minutes West of a point which is described as being 547.7 feet East of the intersection of Mishawaka Avenue and Greenlawn on the center line of said Mishawaka Avenue in the North East 1/4 of Section 18, Township 37 North, Range 3 East; thence North Eighty -eight Degrees Fifty -Four Minutes West 50 feet; thence South Zero Degrees Five Minutes West to a point of intersection with the North line of North Side Boulevard; thence North - Easterly along the North line of North Side Boulevard to a point 240.74 feet, South Zero Degrees Five Minutes West of point of beginning; thence North Zero Degrees Five Minutes East to point of beginning; the same being 50 feet off the entire East end of a tract of land owned by the City of South Bend, Indiana, and desig- nated as Veteran's Memorial Park. Said deed shall be subject to the reservation that if The Trustees of Indiana University, a body politic, does not use -3- the premises for the construction of a building for educa- tional purposes or as facilities attendant to a building for educational purposes within a period of five (5) years from the date of recordation of the initial deed to said The Trustees of Indiana University, said real estate shall revert to the Municipal City of South Bend for the use of its Park Department, 2, This Ordinance shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. APPROVED BY: Irving to. Sm h this day of , 1959, egal Department IsC& 2nd REAO;N6 �/ 1131 CG' ± °ITTEE CP THE WHOLE PUBLIC HEARING ` 3rd i ! U HOT A TI'. j t,_ REFe�:�i'�Lz FASazEJ —4— moer of 'Ua zlnon Gountil of the City of South Bend MAR 6'59 p,yy - it 12 A O i L " t71y OF SOU,jj 3f' -fVD