HomeMy WebLinkAboutProviding for the Conveyance of Real Estate Corby & Niles AreaORDINANCE No. 3638
Passed by the Common Council of the City of South Bend,
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
MAY 11th lq� 48
Clerk
of Common Council
MAY 11th
a.
Clerk
f\
AN ORDINANCE ORDERENG AND PROVIDING FOR THE CONVEYANCE OF THE FOLLOWING DESCRIBED
PARCELS OF REAL .ESTATE IN THE CITY OF SOUTH BEND, ST, JOSEPH COUNTY, INDIANA,
TOmWIT s
Lots One Hundred Fifty-nine (159) and One Hundred
Sixty (160) in Coquillard Woods Addition, Section A.
to the City of South Bend, St. Joseph County, Indiana*
which real estate is owned by the City of South Bend, Indiana, by virtue of a
conveyance made pursuant to order of the Sts Joseph Superior Court # 2, in the
matter of the administration of Coquillard Woods Addition Consolidated Barrett
Law Traste made and entered on the 19th day of December, 1944a
IN EXCHANGE FOR THE FOLLOWING DESCRIBED PARCEL OF REAL ESTATE IN STe JOSEPH
COUNTY, TO.WITs
A part of the Northeast Quarberof Section 1, Township 37
North, Range 2 East, described as follows, to -wits Beginning
at a point on the South line of Corby Street One Hundred Twenty
(120) feet West of an iron pipe driven at the corner of the
West line of a fourteen (14) foot alley on the West side of
Cedar Heights Addition to the City of South Bend, Indiana=
thence West al the South line of Corby Street to a point
Two Hundred (20) feet Bast of an iron stake at the Southeast
cornerof Corby Street and Niles Avenue, the same being the
East line of the property formerly conveyed by George J•
Hoffman and Wilhelmina Hoffman to.Nins E* Smith= thence South
parallel with Niles Avenue along the East line of the "Smith
treat* One Bundred Fifty (150) feet, more or lose, to the North
line of.the treat of land now owned by the City of South Bend*
Indiana, thence Bast parallel with Corby Street and along the
North line of the tract of land owned by the City of South
Bend, Indiana, to a point One Hundred Twenty (120) feet West
of the West line of the alley on the West side of said Cedar
Heights Addition= thence North to the place of beginning,
ihich is now owned by Leo P. Rieder,
AND AUTHORIZING THE SALE OF THE FOLLOWING DESCRIBED BEAT ESTATE OWNED BY THE
MUNICIPAL CITY 000UTH BEND* TO.WITs
Lots Sixteen (16)* One Hundred Eightyweight (188)* Two
Hundred Fifty-four (254) and the North Twenty -,one (21)
feet of Lot Two Hundred. Fifty-three (253) in Coqu2illard
Woods Addition, Section A. in the City of South end*
Sts Joseph County, Indiana*
WHEREAS* by Ordinance # 3522 heretofore passed by the
Common Council of the City of South Bend, Indiana* on
May 140, 1945* and approved and signed by the Mayor of
the City of South Bend on May 150 1945* the said lots
owned by the City of South Bend, described aforesaid,
were ordered sold for not less them the appraisal made
by three disinterested freeholders of the City of South
Bend* appointed by the Circuit Court of St. Joseph
let 2nd R 4 County, Indiana, and
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'COMOTTEE W THE WWS- p_,[AREAS* in conformity with said Ordinance # 3522* the
PUBIC HEARINis' /ems �S c it Court of St. Joseph County appointed three die"
sod interested free holders of the City of South Bend, Indiana,
3rd REARM/ to appraise said lots aforesaid, and said appraisal has
NOT A.."JpWD been made and filed with the Board of Public Works of
the City of South Bend, Indiana, and
REFERREDVscAf.,�;
PASSED
M 2
WHEREAS, approximately three years have elapsed since
the appraisemeut was made by the three disinterested
freeholders appointed by the Circuit Court of St. Joseph
County, Indiana, and said lots aforesaid have not been
sold, and
WHEREAS, the real estate owne4 by the municipal City
of South Bend, described aforesaid, is conducive to no
public use by the City of South Bend, and in the beat
interest of said City should be disposed of, and
WHEREAS, 'the parcel of real estate owned by Leo P.
Rieder, described aforesaid, has a frontage on Corby
Street of 382* feet, more or less, with a depth of 160
feet, and adjoins on the south a parcel of real estate
now owned by the City of South Bend, Indiana, and used
by the Street Department of said city, and
WHEREAS, after due consideration and deliberation, it
has been found by the Board of Publio Works of the City
of South Bend that it would be to the advantage and best
interests of said City and to the Street Department
thereof, to acquire ownership of the said.real estate
owned by Leo P. Rieder, and described aforesaid, and
WHEREAS, it is the desire of said Board of Public Works
of the City of South Bend to effect an exchange of the two
lots in Coquillard Woods Addition, described aforesaid,
and now owned by the City of South Bend, for th4arcel
of real estate owned by Leo P. Rieder, and described
aforesaid, and the said Leo P. Rieder has manifested his
willingness in cooperating in making.said exchange, and
WHEREAS, the Board of Public Works of the City of South
Bend has prepared, delivered and submitted this ordinance
to the Common Council of the City of South Bend authorizing
and ordering said 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 Circuit Court of St,
Joseph County, Indiana, be regobsted to appoint three dis"
interested freeholders of the City of South Bend, Indiana,
to appraise each of the parcels of real estate owaO& by the
City of South Bend, described aforesaid, and the parcel of
real estate owned by Leo Pe Rieder*
Section 2, That the parcels of real estate owned by
the City of South Bend, and described as follows, to.+cits
Lots 169 and 160 in Coquillard Woods Addition, Section A,
to the City of South Bend, St. Joseph County, Indiana, be
exchanged for the parcel of real estate owned by Leo P,
Rieder, described as follows, to -wits A part of the North+
east Quarter of Section 1, Township 37 North, Range 2 Bast,
described as follows, to -wits Beginning at a point on the
South line of Corby Street One Hundred Twenty (120) feet
West of an iron pipe driven at the corner of the West line
of a fourteen (14) foot alley on the West side of Cedar
Heights Addition to the City of South Bend, Indiana; thence
Ws -
West along the South line of Corby Street to a point Two
Hundred (200) feet East of an iron stake at the Southeast
corner of Corby Street and Niles Avenue, the same being the
}hat line of the property formerly conveyed by George J.
Hoffman and Wilhelmina Hoffman to Nina Ee Smithf thence
South parallel with Niles Avenue along the East line of the
"Smith tract" One Hundred Fifty (150) feet, more or less,
to the North line of the tract of land now owned by the
City of South Bend; thence East parallel with Corby Street
and along the North Line of the tract of land owned by the
City of South Bend, to a point One Hundred Twenty (120)
feet West of the West line of the alley on the West side
of said Cedar Heights Addition; thence North to place of
beginning, provided that the appraised value of the real
estate owned by the said Leo Pe Rieder shall be in an
amount not lose than the appraised value of the said real
estate owned by the City of South Bend, Indiana, in which
event, the Mayor of the City of South Bend, Indiana, is
hereby authorised, empowered and directed to convey said
described real estate by deed executed by the Mayor,
in the name of the -city, attested by the City Clerk, with
the seal of said City affixed thereto, in exchange for
the conveyance from Leo P. Rieder of his described parcel
of real estate by delivery of good and sufficient warranty
deed to the City of South Bend, Indiana*
Section S* The City of South Bend sell, assign, transfer,
convey and set —over by proper instrument in writing to any
purchaser thereof the real estate hereinab4ve described,
excepting the two parcels described under Section 2 afore-
said, in separate parcels for not less than the full
appraised value thereof, as reported by the appraisers
appointed by the Judge of the Circuit Court of St* Joseph
County, Indiana; and the Mar or is hereby ordered, directed
and authorized to execute and deliver to such purchaser or
purchasers thereof, upon the payment of the appraised
value thereof, a good and sufficient deed, and this shall
be 4uffieient authority to him in said premises.
Section 4* That an emergency exists requiring the
suspension of the rules of the Common Council, and the
passage of this ordinanoee
Section 5* That this ordinance shall be in full force
and effect from and afterits passage by the Common ,Council
and its approval by the Mayor*
STATE OF INDIANA ) IN THE ST. JOSEPH CIRCUIT COURT
( SS:
ST. JOSEPH COUNTY ) MAY TERM, 1948
IN THE MATTER OF THE APPOINTMENT OF APPRAISERS
In pursuance of the request of the Common Council of the City of South
Bend, State of Indiana, on the 10th day of May, 19482 I hereby appoint, Charles
E. Bullard, Thomas L. Hickey and John A. Meyer 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 the City of South Bend, St. Joseph County, State of
Indiana, to -wit:
Lots One Hundred Fifty-nine (159) and One Hundred Sixty
(160) in Coquillard Woods Addition, Section A. to the
City of South Bend, St. Joseph County, Indiana.
Lots Sixteen (16), One Hundred Eighty -eight (188), Two
Hundred Fifty -four (254) and the North Twenty -one (21) feet
of Lot Two Hundred Fifty -three (253) in Coquillard Woods
Addition, Section A. in the City of South Bend, St. Joseph
County, Indiana.
and likewise to appraise all of the right, title and interest of Leo P. Rieder
in and to the following described real estate situated in the City of South
Bend, St. Joseph County, State of Indiana, to -wit:
A part of the Northeast Quarter of Section 1, Township 37
North, Range 2 East, described as follows, to -wit: Beginning
at a point on the South line of Corby Street One Hundred
Twenty (120) feet West of an iron pipe driven at the corner
of the West line of a fourteen (14.) foot alley on the West
side of Cedar Heights Addition to the City of South Bend,
Indiana; thence West along the South line of Corby Street
to a point Two Hundred (200) feet East of an iron stake at
the Southeast corner of Corby Street and Niles Avenue, the
same being the East line of the property formerly conveyed
by George J. Hoffman and Wilhelmina Hoffman to Nina E.
Smith; thence South parallel with Niles Avenue along the
East line of the "Smith tract" One Hundred Fifty (150)
feet, more or less, tothe North line of the tract of land
now owned by the City of South Bend, Indiana, thence East
parallel with Corby Street and along the North line of the
tract of land owned by the City of South Bend, Indiana,
to a point One Hundred Twenty (120) feet West of the West
line of the alley on the West side of said Cedar Heights
Addition; thence North to the place of beginning.
and make return thereof to the Mayor and the Clerk of said City of
South Bend Indiana.
Judge, St. Joseph C urt
Dated this 4Z day of May, 1948-