05/30/73 Board of Public Works Special Meeting Minutes

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1260 SPECIAL MEETING MAY 30, 1973 A -special meeting of the Board of Public Works was convened at 9:15 a.m. on Wednesday, May 30, 1973 with all members present. The purpose of the meeting was to sign agreements to purchase property for the right-of-way for the McKinley -Hickory -Logan Intersection project. AGREEMENT - CITY OF SOUTH BEND AND CLARENCE W. DOCKERY AND MARTHA L. DOCKERY AGREEMENT This Agreement entered into this 29th day of May, 1973 by and between Clarence W. Dockery and Martha L. Dockery, hereinafter referred to as Sellers, and the Civil City of South Bend,,a municipal corporation of the State of Indiana, hereinafter referred to as Buyer, WITNESSETH: WHEREAS, the Sellers are owners of real estate of which the hereinafter described parcel is a part and the acquisition of which parcel is re- quired by the Civil City of South Bend for certain improvements to be made to the West Side of Hickory Road in South Bend, Indiana; and WHEREAS, the real estate of which the hereinafter described parcel is a part is presently being leased by the Sellers to various tenants under recorded leases; and WHEREAS, the parties hereto have agreed to the terms of sale of the hereinafter described real estate and have agreed that the Buyer should have an immediate right of entry upon said real estate at the time of the execution of this Agreement. NOW, THEREFORE, it is agreed by and between the parties hereto and for and in consideration of the premises and the mutual covenants herein contained, as follows: 1. The Sellers agree to sell and the Buyer agrees to buy the following described real estate located in St. Joseph County, State of Indiana: Commencing at the South East corner of Section 5, Twp. 37 North, Range 3 East; thence due North 40 feet along the East line of said Section 5; thence due West 20 feet to the true point of beginning; thence due North a distance of 513 feet along a line 20 feet West of and parallel to said East line of Section 5; thence due West 20 feet; thence due South 513 feet along a line 40 feet west of and parallel to the East line of Section 5; thence due East 20 feet to the true point of beginning containing 10,260 sq. ft. or .2355 acres, all in the South East L of the South East 4 of Sec. 5, Twp. 37 North, Range 3 East, Portage Twp., St. Joseph County, Indiana. in accordance with the terms and conditions herein set forth. 2. The purchase price of said real estate shall be the sum of Twenty-eight Thousand, Two Hundred and Fifteen Dollars ($28,215.00). This amount shall be paid at the.time of closing. 3. The Sellers represent and warrant that they have a merchantable fee simple title to said above described real estate subject only to the lien of current taxes and to the rights of the tenants in possession of said real estate. The Sellers further agree and warrant that they will at the time of the preparation of the title insurance policy on said real estate, furnish a good and sufficient release of all interest of any and all tenants of the Sellers in said real estate. 4. The Sellers agree to obtain, and the Buyer agrees to pay the cost thereof, a binder of title insurance in an amount equal to the purchase price. Such binder shall insure title in the Sellers and