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HomeMy WebLinkAboutOrdering and providing for the Sale of the following described real estate West of Lot D, Vistula Ave., East line of South Bend Toy Mfg. Distance of 352.2 ft.ORDINANCE No. 4036 Passed by' the Common Council of the City of South Bend, Presented by me to the Mayor of the City of South Bend, MARCH 99TH, 193v -55_ Clerk Of Common Council Approved and signed by m 29TH, iq3 55 r:37 Clerk IN CITY C V(". r —� rn EVELYN M.' CITY C MAR 26 i; JJ NNESSY ORDINANCE N0. 4036 An ordinance ordering and providing for the sale of the following de- scribed real estate in the City of South Bend, St. Joseph County, Indiana, to. Beginning at the intersection of the Westerly line of alley West of Lot D in Wenger & Kreighbaum's Vistula Ave. Add, and the East line of South Bend Toy Mfg. Co. property; thence South along East line of said South Bend Toy Mfg. Company's property a distance of 352.2 ft. to the Northerly line of Grand Trunk Western Railroad Right -of -way; thence Northeasterly along Northerly line of said right -of -way 87.7 ft. thence Northeasterly a distance of 384. 15 ft. to a point on the Southe Une of Lot D, .which is a distance of 29.35 ft from Southeasterly corner of said Lot D, measured along Southerly line of said Lot D; thence Southwesterly along the Southerly line of said Lot D, a distance of 135.65 ft. to Westerly line of alley West of Lot D; thence North- westerly along Westerly ,line of said alley 41.51 ft. to the place of beginning. Subject to public alley lying between Lots E and X of said Wenger & Kreighbaumts. Vistula Avenue Addition. Also, Beginning at a point on the Southerly line of Lot D. Wenger & Kreigh- baum's Vistula Avenue Addition, a distance of 29.25 ft. Westerly from Southeasterly corner of said Lot D; thence Southwesterly 384. 15 ft, to the Northerly line of Grand Trunk Western Railroad right - of -way, which point is 87.7 ft. Northeasterly from the East line of South Bend Toy Mfg, Company's property, measured :along railroad right -of -way; thence Northeasterly along said railroad right -of -way, a distance of 55.5.ft. to top of Westerly bank.of Bowman Creek; thence along the Westerly and Northerly bank of said Bowman Creek to a point 30 ft. Westerly from Westerly line of Lincoln Way East; thence North - westerly parallel with and 30 ft. Westerly from Westerly line of said Lincoln Way East, a distance of 30 ft, thence Northeasterly a distance of 30 ft. to the .Westerly line of said .Lincoln Way East; thence North- westerly along Lincoln Way East, a distance of 41.50 ft. to the South- easterly corner. of Lot D; thence Southwesterly along Southerly line of said Lot D, a distance of 29.35 ft. to the place of beginning. Subject to an easement in the City of South Bend over the entire second above described tract for the purpose of rebirilding, altering and maintain existing sewers ,and drains thereon, and all buildings hereinafter built on said tract shall be subject to this easement with the right in the City of South Bend to remove all or part of any such buildings which interfere in the enjoinment of this easement without any liability on the part of the City of South Bend, which easement shall not be personal but shall run wit the land, which said real estate is owned by the City of South Bend for park purpose line WHEREAS, after due consideration and deliberation it has been determined by the Board of Park Commissioners of the City of South Bend, that the real e-state hereinafter described by reason of its restricted area and unsuited topography has never been susceptible of development for park purposes and is no longer suitable and required for park purposes, and WHEREAS, the Board of Park Commissioners of said City has deemed it advisable that said real estate be sold and disposed of to the advantage and best interests of the City of South Bend and its Park Department, and WHEREAS, the Board of Park Commissioners of said City 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 provided by law. NOW, THEREFORE, be it ordained by the common council of the City of South Bend, Indiana: Section One. That the City of South Bend, Indiana, sell and. convey the following described real estate in South Bend,, St. Joseph County, Indiana, to -wit: Beginning at the intersection of the Westerly line of alley West of Lot D in Wenger & Kreighbaum's Vistula Ave. Add. and the East line of South Bend Toy Mfg. Co. property; thence South along ,East line of said South Bend Toy Mfg. Company's property a distance of 352.2 ft, to the 'Northerly line of Grand Trunk Western Railroad Right -of -way; thence Northeasterly along Northerly line of said right -of -way 87.7 ft, thence Northeasterly a distance of 384. 15 ft, to _a point on the Southerly line of Lot D, which is a distance of2.9.35 ft. from Southeasterly corner of said Lot D, measured along Southerly line of said Lot D; thence Southwesterly along the Southerly line of said :Lot D, a distance of 135.65 ft. to Westerly line of alley West of Lot D; thence Northwesterly along Westerly line of said alley 41.51 ft. to the place of beginning. Subject to public alley lying between Lots .E and X of said Wenger & Kreighbaum's Vistula Avenue Addition. Also, Beginning at a point on the Southerly line of Lot D. Wenger & Kreighbaum's Vistula Avenue Addition, a distance of 29.25 ft. Westerly from Southeasterly corner of said Lot D; thence Southwesterly 384.15 ft. to the Northerly line of Grand Trunk Western Railroad right -of -way, which point is 87.7 ft. North- easterly from the East line of South Bend Toy Mfg. Company's property, measured along railroad right -of -way; thence North- easterly along said railroad right -of -way, a distance of 55.5 ft. to top of Westerly bank of Bowman Creek; thence along the Westerly and Northerly bank of said Bowman Creek to a point 30 ft. Westerly from Westerly line of Lincoln Way East; thence Northwesterly parallel with and 30 ft. Westerly from Westerly line of said Lincoln Way East, a distance of 30 ft. thence North- easterly adistance of 30 ft. to the Westerly line of said Lincoln Way East; thence Northwesterly along Lincoln Way East, a distance of 41.50 ft. to the Southeasterly corner of Lot D; thence Southwesterly along. Southerly line of said Lot D, a distance of 29.35 ft, to the place of beginning. Subject to an easement in the City. of South Bend over the entire second above described tract for the purpose of rebuilding, alter- ing and maintaining existing sewers and drains thereon, and all buildings hereinafter built on said tract shall be subject to this ease - ment with the right in the City of South Bend to remove all or part of any such buildings which interfere in the enjoinment of this easement without any liability on the part of the City of South Bend, which ease - ment shall not be personal but shall run with the land. Section Two. That the Judge of the Circuit Court of St. Joseph County, Indiana, be requested to appoint three disinterested freeholders of the City of South Bend, Indiana to appraise the above described real e state. Section Three. 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 lens than the appraised value of said real estate, as determined by the appraisers appointed by the Judge of said Court. Section Four. 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 inform sufficient to convey the fee simple title of said real estate to 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 Five. That this ordinance shall be in full force and effect from and after its passage by the common council and its approval by the Mayor. oaf & 2nd RUN" J' OP-cS-cs LDWME III 7K SWU P0E110 N REAM 3 NOT A "NM Member of the Common Council REPEkREp LOUIS M.HAMMERSCHMIOT MILTON A.JOHNSON BRUCE C.HAMMERSCHMIDT LAW OFFICES HAMMERSCHMIDT &..JOHNSON 710 J. M.S. BUILDING SOUTH BEND I, INDIANA TELEPHONE 4 -1103 Mrs. Evelyn M. Hennessy South Bend City. Clerk City Hall South Bend, Indiana Dear Mrs. Hennessy: March 25, 1958 Enclosed herewith please find copy of the Resolution of the Board of Park Commissioners for the sale of real estate incorporated in the Ordinance which I delivered to you today. This resolution was passed at the last meeting of the Park Board on March 7, 1955. If you have any further questions concerning this resolution of the Ordinance which I delivered, please advise me. Very truly yours, HAMMERSCHMIDT & JOHNSON Bruce C. Hammerschmidt BCH:mt Enc. IN CITY COURT EVELYN M.HENNESSY CITY CLERK iN C(TSY�COURT K'15 Cl,_ 3 EVELYN M. HENNESSY CITY CLERK RESOLUTION OF DETERMINATION FOR SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF SOUTH BEND FOR PARK PURPOSES WHEREAS, after due consideration and deliberation, the Board of Park Commissioners of the City of South Bend, Indiana, does determine that the real estate hereinafter described is no longer suitable or required for park purposes because of its restricted area and un- suited topography, has never been and is not now sus- ceptible for development for park purposes, and WHEREAS, the Board of Park Commissioners of said City deems it advisable that the real estate hereinafter described be sold and disposed of to the advantage and best interests of the City of South Bend and of its Park Department. BE IT RESOLVED, that the Board of Park Commissioners of the City of South Bead do hereby determine that the following described real estate, to -wit: Beginning at the intersection of the Westerly line of alley West of Lot D in Wenger & Kreighbaum's Vistula Ave. Add, and the East line of South Bend .:, Toy Mfg. Co, property; thence South along East line of said South Bend Toy Mfg. Company's pro- perty a distance of 352.2 ft to the Northerly line of Grand Trunk Western Railroad Right -of -Way; thence Northeasterly along Northly line of said right -of -way 87.7 ft. thence Northeasterly a distance of 384. 15 ft. to a point on the Southerly line of Lot D, which is a distance of 29.35 ft. from Southeasterly corner of said Lot D, measured along Southerly line of said Lot D; thence Southwesterly along the South- erly line of said Lot D, a distance of 135.65 ft. to Westerly line of alley West of Lot D; thence North- westerly along Westerly line of said alley 41.51 ft. to the place of beginning. Subject to public alley lying between Lots E and X of said Wenger & Kreigh- baum% Vistula Avenue Addition. Also, Beginning at a point on the Southerly line of Lot D. Wenger & Kreighbaum's Vistula Avenue Addition, a distance of 29.25 ft. Westerly from Southeasterly corner of said Lot D; thence Southwesterly 384. 15 ft. to the Northerly line of Grand Trunk Western Railroad right -of -way, which point is 87. 7 ft. North- easterly from the East line of South Bend Toy Mfg. Company's. property, measured along railroad right -of -way; thence Northeasterly along said railroad right -of -way, a distance of 55. 5 ft. to top of Westerly bank of Bowman Creek; thence along the Westerly and Northerly bank of said Bowman Creek to a point 30 ft. Westerly from Westerly line of Lincoln Way East; thence Northwesterly parallel with and 30 ft. Westerly from Westerly line of said Lincoln Way East, a distance of 30 ft, thence Northeasterly a distance of 30 ft, to the Westerly line of said Lincoln Way East; thence Northwesterly along Lincoln Way East, a distance of 41.50 ft. to the Southeasterly corner of Lot D; thence Southwesterly along South- erly line of said Lot D, a distance of 29, 35 ft. to the place of beginning,, Subject to an easement in the City of South Bend over the entire second above described tract for the purpose of rebuilding, altering and main- taining existing sewers and drains thereon, and all buildings hereinafter built on said tract shall be subject to this easement with the right in the City of South Bend to remove all or part of any such buildings which interfere in the enjoinment of this easement without any liability on the part of the City of South Bend, which easement shall not be personal but shall run with the land, is no longer suitable or required for park purposes, BE IT FURTHER RESOLVED, that the attorney for the Board of Park Commissioners is hereby instructed to prepare an ordinance in proper form, providing for the sale of the real estate above described, and that the same be presented to the common council of the City of South Bend, Indiana, for itsconside ration 'and action thereon. BE IT FURTHER RESOLVED, that in the event the common council of the City of South Bend shall pass said ordinance, that the attorney for the Board of Park Commissioners of said City be hereby authorized and empowered and instructed to take such further action as may be required by law for the appointment of three disinterested freeholders of the City of South Bend by the Judge of the Circuit Court of St. Joseph County, to appraise said real estate; that he pre- pare all necessary notices of publication, deeds, etc., to perfect transfer of said property to the purchaser, and that he take any and all othe.rnaction as may be necessary for the sale of said real estate as provided by law. STATE OF INDIANA ) )SS. ST. JOSEPH COUNTY ) C 1, Paia!"owsi"Mi.. IN THE ST'*ST6SZW, ;Gyf#:CG%T COURT FEBRUARY TERM,, 1955 IN THE MATTER OF THE ,COMMON ) COUNCIL OF THE CITY OF SOUTH ) PETITION FOR APPOINTMENT OF APPRAISERS BEND FOR THE APPOINTMENT OF ) APPRAISERS ) COMES. NOW the Common Council of the City of South Bend, State of Indiana, by its attorney, and shows to the Court that on the2-r I ay of March, 1955, the Common Council of the City of South Bend passed an for the sale of certain real estate owned by said City, a copy of which is attached hereto and made a part hereof and marked Exhibit "A ", and that said ordinance further provided that this Court be requested to appoint three disinterested appraisers to appraise the following described real estate, Beginning at the intersection of the Westerly line of alley West of Lot D in Wenger & Kreighbaumks Vistula Ave, Add. and the East line of South Bend Toy Mfg, Co. property; thence South along East line of said South Bend Toy Mfg. Company's property a distance of 352.2 ft. to the Northerly line of Grand Bunk Western Railroad Right - of -way; thence Northeasterly along Northerly line of said right -of- way 87.7 ft. thence Northeasterly a distance of 384. 15 ft. to a point on the Southerly line of Lot D, .which is a distance of 29.35 ft. from Southeasterly corner of said Lot D, measured along Southerly line of said Lot D; thence Southwesterly along the Southerly line of said Lot D, a distance of 135.65 ft. to Westerly line of alley West of Lot D; thence Northwesterly along Westerly line of said alley 41.51 ft. to the place of beginning. Subject to public alley lying between Lots E and X of said Wenger & Kreighbaumts Vistula Avenue Addition. Also, Beginning at a point on the Southerly line of Lot D. Wenger & Kreigh- baumrs Vistula Avenue Addition, a distance of 2.9.25 ft. Westerly from Southeasterly corner of said Lot D; thence Southwesterly 384. 15 ft, to the Northerly line of Grand Trunk Western Railroad right - of -way, which point is 87.7 ft. Northeasterly from the East line of South Bend Toy Mfg. Company's property, measured along railroad right -of -way; thence Northeasterly along said railroad right -of -way, a distance of 55.5 ft. to top of Westerly bank of Bowman Creek; thence along the Westerly and Northerly bank of said Bowman Creek to a point 30 ft. Westerly from Westerly line of Lincoln Way East thence No- rthwesterly parallel with and 30 ft. Westerly from Westerly line of said Lincoln Way East, a distance of 30 ft. thence Northeasterly a distance of 30 ft. to the Westerly line of said Lincoln Way East; thence Northwesterly along Lincoln Way East, a distance of 41.50 ft. to the Southeasterly corner of Lot D; thence Southwesterly along Southerly line of said Lot D, a distance of 29.35 ft. to the place of beginning. Subject to an easement in the City of South Bend over the entire second above described tract for the purpose of rebuilding, alter- ing and maintaining existing sewers and drains thereon, and all buildings hereinafter built on said tract, shall be subject to this easement with the right in the City of South Bend to remove all or part of any such buildings which interfere in the enjoinment of this easement without any liability on the part of the City of South Bend, which easement shall not be personal but shall run with the land. The Common Council hereby requests that this Court appoint said three disinterested appraisers to appraise all of the right,, title and inte of the City of South Bend in and to the above described real estate situated in St. Joseph County, State of Indiana, and that due return thereof by said appra be made to the Mayor and Clerk of the said City of South Bend. WHEREFORE, the Common Council of the City of South Bend does hereby pray that this .Court enter its order for the appointment of three disinterested appraisers to appraise all the right, title and interest of the City of South Bend in and to the above described real estate situated in St. Joseph County, State of Indiana, and make return thereof to the Mayor and Clerk of the said City of South Bend. COMMON COUNCIL OF THE CITY OF SOUTH BEND