Loading...
HomeMy WebLinkAboutSale of the Following Described Real Estate - West edge of the St. Joseph River thence Southwest to Lincoln Way East, Northwest on the Easterly line of Lincoln Way EastORDINANCE No. 3839 Passed by the Common Council of the City of South Bend, AUGUST 13TH- 19§2 Presented by me to the Mayor of the City of South Bend, Approved and signed by AUGUST 14TH, zg §-]-- Clerk Of Common Council AUGUST 14TH, 19fi-L— (. Clerk ORDINANCE NO. 3839 AN ORDINANCE ORDERING AND PROVIDING FOR THE SALE OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, TO WIT: Lots "G-2 ", "F -2" and "E -2" as Ehown on the recorded Plat of Wenger and Krieghbaum's Vistula Avenue Addition, more fully described as beginning on the west edge of the St. Joseph River on the line be- tween lots "G-2" and "H-211 as shown on the recorded Plat of Wenger and Krieghbaum's Vistula Avenue Addition, thence Southwest on the line between said lots "G-2" and "H -211, to Lincoln Way East, thence Northwest on the Easterly line of Lincoln Way East 136.7 feet, thence Northeast parallel to the line between said Lots "G-2" and "H -2" 30 feet; thence Northwest parallel to Lincoln Way East 50 feet; thence Northeast parallel to the line between said Lots "G-2" and 11H -21f, to the St. Joseph River, thence Southeast along said River, to the place of beginning, subject to the right of the City of South Bend to construct an interceptor sewer across said land at the approximate location and depth as shown on the plans for the interceptor sewer in the Engineer's Office of said City. which said real estate is owned by the 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 develop- ment 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 in- terests 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 WHEREAS, Ordinance #3806 passed by the Common Council on March 26, 1951, authorized the sale of the real estate as hereinafter described, but the description by metes and bounds as stated in said ordinance was inadvertently misstated. 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: Lots "G 2", "F -2" and "E -2" as shown on the recorded Plat of manger and Kriegh- baum's Vistula Avenue Addition, more fully described as beginning on the West edge of the St. Joseph River on the line between lots "G-2" and "H -2" as shown on the recorded Plat of Wenger and Krieghbaumts Vistula Avenue Addition, thence Southwest on the line between said lots "G-2" and "H -211, to Lincoln Way East, thence Northwest on the Easterly line of Lincoln Way East 136.7 feet, thence Northeast parallel to the line between said lots "G-2" and "H -2" 30 feet; thence Northwest parallel to Lincoln Way East 50 feet; thence Northeast parallel to the line between said Lots "G-2" and "H -211, to the St. Joseph River, thence Southeast along said River, to the place of beginning, subject to the right of the City of South Bend to construct an interceptor sewer across said land at the approximate location and depth as shown on the plans for the interceptor sewer in the Engineer's Office of said City, as provided by the laws of the State of Indiana. 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 said City affixed thereto; that said deed shall be in form 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, committee or suffered any act or acts whereby said real estate or any part thereof may be impeached, charged or encum- bered. Section 5. That ordinance #3806 passed by the Common Council on March.26, 1951, is hereby repealed and all proceedings pursued and taken thereunder are hereby nullified. Section 6. 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. /. _ _I ✓ice 10 a and NUM e -/3 -�/ �T 1 AF T# WHOLE NKIO NEAR" NOT AFAOVEO AEFEW f1 g STATE OF INDIANA ` SSt ST; JOSEPH COUNTY ) 1M IN OPEN COURT D SEP25 1951 S` "° 1 °SC UR1P GT COURT ! 1RC I FEBRUARY TMWO 1951 IN THE MATTER OF THE APPOINT92ST of APPRAISERS In pursuance to the request of the Common Council of the City of South Bond, of the State of Indiana, on the l�_ day of 9;42a, 1951, I hereby appoint Alvin N. Shank, Roy J. Michael and R. Paris Bickizery to appraise all of the right, title and interest of the City of South Bend, In and to the following described real estate situate in St. Joseph County, State of Indiana, to-wits Lots 00-2 ", 07 -29 and "E-2" as shown on the recorded Plat of banger and Sreighbaumrs Vistula .Avenue Addition, more fully described as beginning on the "last edge of the St. Joseph Raver on the line between lots "G-2" and "H-2" as shown on the recorded Plat of Wenger and Kreighbaumis Vistula Avenue Addition, thence Southwest on the line between said lots "G -2" and "H -2 ", to Lincoln Way East, thence Northwest on the Easterly line of Lincoln bay East 136.7 feet, thence northeast parallel to the line between said Lots "G-2" and "H -2" 30 feet; thence Northwest parallel to Lincoln Way East 50 feet; thence Northeast parallel to the line between said Lots "G-2" and "H -2", to the St. Joseph river, thence South- east along said River, to the place of beginninge and make return thereof to the Mayor and the Clerk of said City of South Bend. /low JUDG&, ST. Jas UIT COURT Dated this . day of September, 1951. CLERK'S CERTIFICATE I, STEPHEN C. GRZESKOWIAK, Clerk of the St. Joseph Circuit Court, St. Joseph County, Indiana, being duly sworn upon oath, depose and say: That the foregoing is a true and correct copy of an order on file in my office entered by the Honorable Dan Pyle, Judge of the St. Joseph Circuit Court on the Z r day of September, 1951. WITNESS my hand and the official seal of said court this day of September, 1951. AZA�- (SEAL) Clerk Subscribed and sworn to before me, a Notary Public, in and for St. Joseph County, Indiana, this 2.j)_ day of September, 1951. Notary Public My commission expires: February 2, 1953.