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

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SPECIAL MEETING MAY 30, 1973 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 Seller agrees 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 fne of said Section 5; thence due West 20 feet to the true point of beginning; thence due North a distance of 110 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 110 feet along a tine 40 feet West of and parallel to the East line of Section 5; thence due East 20 feet to the true point of beginning; in accordance with the terms and conditions herein set forth. 2. The consideration paid for the acquisition of said real estate shall be the sum of Seventeen Thousand, Seven Hundred and Fifty Dollars ($17,750.00). This amount shall be paid at the time of closing. 3. It is agreed by and between the parties that state and/or federal funds are involved in the acquisition of this real estate and that some delay may be occasioned after the execution of this Agreement in securing said funds for the closing of this sale. The Buyer represents that such funds should be available within forty-five (45) days of the execution of this Agreement and closing shall take place as soon as such funds are available. At closing the Seller will deliver to the Buyer a Quit Claim Deed conveying said real estate in accordance with the terms of this Agreement. Complete and exclusive possession of the premises shall be delivered to the Buyer by the Seller at the time of closing. 4. It is further agreed by and between the parties that any signs or gather structures owned by the Seller shall be removed or relocated by the Seller at no expense to the Buyer. Such removal and relocation shall be completed by the time of the closing of this sale. 5. It is further agreed by and between the parties that upon the execution of this Agreement, the Buyer shall have an immediate right of entry upon said real estate for the purpose of survey, grading, leveling, filling, draining, paving, building, repairing and rebuilding streets and highways together with any culverts,.ramps and cuts as may be necessary, providing that no signs or structures owned or maintained by the Seller shall be disturbed by the Buyer, its agents or servants until removal thereof by the Buyer pursuant to this Agreement. Buyer agrees to save and hold harmless Seller from any and all liability, claim of damage, or cause of action resulting from or arising out of or incident to the right of entry herein granted. Buyer further agrees not to unreasonably interfere with the ingress and egress to Seller's adjacent service station site and agrees that all work in the area will be completed as soon as possible. 6. It is further agreed by the Seller that there shall be no decrease in the width of the access driveways to the Seller's property from McKinley Highway, that there shall remain two access ways from the Seller's property on to Hickory Road, and that at the point where the two access drives from the Seller's property join Hickory Road there shall be a change and not to exceed sic (6) inches in grade. Seller further agrees that the access driveways will remain in the same position and location as to the point where they touch Hickory Road and McKinley Highway. 1