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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 NOT Ai'fr -ygg RK"R0 FAQ€® r Member f the Cocmno C uncil of the C4 Ay of South er . Indiana a