HomeMy WebLinkAboutConveyance of Real Estate Owned by Said City for Park PurposesORDINANCE No. 3625
Passed by the Common Council of the City of South Bend,
DECETEBER 8th 19 47
Presented by me to the Mayor of the City of South Bend,
Clerk
of Common Council
Clerk
Approved and signed by me nprFnaRT-R s +hr 194-47—
ORDINANCE NO. T 3 &I A 5
AN ORDINANCE ORDERING AND PROVIDING FOR THE CONVEYANCE OF THE
FOLLOWING DESCRIBED PARCEL OF REAL ESTATE IN ST. JOSEPH COUNTY,
INDIANA, TO WIT:
Beginning at a point that is 372 feet East
of the West boundary line of Section No, 2,
Township 37 North, Range 2 East, and 400
feet South of the South line of Elwood Avenue,
thence East on a line parallel with the South
line of said Elwood Avenue a distance of 108
feet; thence South on a line parallel with
the West boundary line of said Section No. 2,
Township 37 North, Range 2 East a distance of
738 feet; thence West 108 feet on a line
parallel with the South side of said Elwood
Avenue; thence North a distance of 738 feet
to the place of beginning.
WHICH SAID REAL ESTATE IS OWNED BY SAID CITY FOR PARK PURPOSES,
IN EXCHANGE FOR THE FOLLOWING DESCRIBED PARCEL OF REAL ESTATE IN
ST. JOSEPH COUNTY, INDIANA, TO -WIT:
Beginning on the North line of Vassar Avenue
a distance of 450 feet East of the East line
of Wilber Street in the City of South Bend,
Indiana, as the street existed on November
7, 1947, as a beginning point, thence North
500.4 feet parallel to said East line of Wilber
Street, thence East parallel to the North line
of said Vassar Avenue 300 feet, thence South on
a line parallel with said East line of Wilber
Street a distance of 332.9 feet more or less to
the West line of the right-of-way of the Chicago,
South Bend and Southern Railroad, thence South-
westerly along said railroad right-of-way 210.5
feet to the North line of Vassar Avenue, thence
West along said line 181,7 feet to the place of
beginning.
OWNED BY DREWRYS LIMITED, U.S.A., IND,, AN INDIANA CORPORATION
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 following described parcel of real estate:
Beginning at a point that is 372 feet East
of the West boundary line of Section No. 2,
Township 37 North, Range 2 East, and 400
feet South of the South line of Elwood Avenue,
thence East on a line parallel with the South
line of said Elwood Avenue a distance of 108
feet; thence South on a line parallel with
the West boundary line of said Section No, 2,
Township 37 North, Range 2 East a distance of
738 feet; thence West 108 feet on a line
parallel with the South side of said Elwood
Avenue; thence North a distance of 738 feet
to the place of beginning.
by reason of its limited size and unsuitable topography is not suscept-
ible of development as a playfield for park purposes, and
WHEREAS, Drewrys Limited, U.S.A., Inc., an Indiana Corporation,
is the owner of an adjacent parcel of real estate described as follows,
to -wit:
Beginning on the North line of Vassar Avenue
a distance of 450 feet East of the East line
of Wilber Street in the City of South Bend,
Indiana, as the street existed on November
72 1947, as a beginning point, thence North
500.4 feet parallel to said East line of Wilber
Street, thence East parallel to the North line
of said Vassar Avenue 300 feet, thence South on
a line parallel with said East line of Wilber
Street a distance of 332.9 feet more or less to
the West line of the right-of-way of the Chicago,
South Bend and Southern Railroad, thence South-
westerly along said railroad right-of-way 210.5
feet to the North line of Vassar Aftnue, thence
West along said line 181.7 feet to the place of
beginning.
which said parcel of real estate is suitable for development as a olay-
field for park purposes, and
WHEREAS, it is the desire of said Board of Park Commissioners
to effect an exchange of said described real estate owned by said City
of South Bend, Indiana, for said described real estate owned by said
Drewrys Limited, U.S.A., Inc., and said Drewrys Limited, U.S.A., Inc,
has manifested its willingness to cooperate in making such exchange, and
WHEREAS, it has been found by said Board of Park Commissioners
that said exchange of real estate will be 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, Indiana, ordering and authorizing the exchange of said parcels of
real estate.
NOW THEREFORE, BE IT ORDAINED by the Common Council of the
City of South Bend, Indiana
Section 1. That the Judge of the St. Joseph 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 parcels of real estate,
Section 2, That the parcel of real estate owned by the City
of South Bend, Indiana, described as follows, to -suit:
Beginning at a point that is 372 feet East
of the West boundary line of Section No. 2,
Township 37 North, Range-2 East, and 400
feet South of the South line of Elwood Avenue,
thence East on a line parallel with the South
line of said Elwood Avenue a distance of 108
feet; thence South on a line parallel with
the West boundary line of said Section No. 2;
Township 37 North, Range 2 East a distance of
738 feet; thence West 108 feet on a line
parallel with the South side of said Elwood
Avenue; thence North a distance of 738 feet
to the place of beginning.
be exchanged for the parcel of real estate owned by Drewrys Limited,
U.S.A., Inc., an Indiana Corporation, described as follows, to -wit:
Beginning on the North line of Vassar Avenue
a distance of 450 feet East of the East line
of Wilber Street in the City of South Bend,
Indiana, as the street existed on November
73 1947, as a beginning point, thence North
500,4 feet parallel to said East line of Wilber
Street, thence East parallel to the North line
of said Vassar Avenue 300 feet, thence South on
a line parallel with said East line of Wilber
Street a distance of 332,9 feet more or less to
the West line of the right- ofway of the Chicago,
South Bend and Southern Railroad, thence South-
westerly along said railroad right-of-way 210,5
feet to the North line of Vassar Avenue, thence
West along said line 181.7 feet to the place of
beginning.
providing that the appraised value of the real estate owned by said
Drewrys Limited, U.S.A., Inc, shall be in an amount not less than the
appraised value of 'the said teal estate owned by the City of South
Bend, Indiana, in which event) the Mayor of the City of South Bend,
Indiana, is hereby Authorized, empowered and directed to convey said
described real estate by a deed executed by the Mayor in the name of
this City, attested by the City Clerk, with the seal of said City
affixed thereto, in exchange for the conveyance from said Drewrys
Limited, U.S.A., Inc., of its said described parcel of real estate by
delivery of good and sufficient warranty deed to the City of South
Bend, Indiana, for the use and benefit of its Department of Public Parks
and /or its Board of Park Commissioners.
Section 3. That an emergency exists requiring the suspension
of the rules of the Common Council and the passage of this ordinance.
Section 4. 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.
Isi & 2nd PEAP -,,- / �-AAJ
09MIR"TEE U THE WNJLE
PUBLIC HEARING
Ord REABIi
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