11/30/1953 Board of Public Works Minutes

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• •�i The Excavation Bond of Slutsky Plumbing & Heating Co., Inc., in the amount of $1,000.00, was examined and approved by the Board. The Board next examined, approved and signed the following agreement between the Board of Commissioners of St. Joseph County, Indiana and the Board of Public Works and Safety: i AGREEMENT THIS AGREEMENT, made and entered into this 30th day of November, 1953, by and between the Board of Commissioners of St. Joseph County, Indiana, a body politic and corporate, existing under and by virtue of the laws of the State of Indiana.,. hereinafter called the County, and the Board of Public Works and Safety of the City of South Bend, Indiana, hereinafter called the City, W I T H E S'' S E T H: That WHEREAS, the County is the owner of the following described real estate in St. Joseph County, Indiana, -to -wit: A tract of land in the northwest quarter of Section 2b, Township No. 38 North, Range No. 2 East, said tract being marked "ST. JOSEPH COUNTY 35.45 AC." on the survey attached hereto, made a part of this Agreement, and marked "Exhibit A," less those lands heretofore acquired by the City of South Bend for highway purposes. Also the rights of easement which the County has to that tract of land shown on the survey attached hereto and made a part of this Agreement and labled "INDIANA AND MICHIGAN ELECTRIC COMPANY 30.1b AC." said easement being the right to enter upon said lands to remove the standing timber and the right to pasture and farm said lands, subject to the use of the same by the Indiana and Michigan Electric Company, and WHEREAS, said real estate and said easement rights are required by the City for use as a site for its proposed sewage treatment plant. IT IS, THEREFORE, MUTUALLY AGREED as follows: 1. The County agrees to sell, transfer and convey to the City the above -described real estate and rights of easement by appropriate deed of conveyance as approved "by the County Council in accordance with the provisions of Section 26-2026 of Burns Indiana Statutes, and the City hereby agrees to purchase said lands and easement rights, the sale price to be determined by three appraisers, one to be appointed by the Commissioner of St. Joseph County, one to be appointed by the Board of Public Works and Safety of South Bend and said appraisers to appoint the third appraiser, they to appraise and determine the value of said lands and easement rights. 2. The said lands and easement rights to be transferred to the City of South Bend 11 land said consideration to be paid by said City from the proceeds of bonds to be sold by ;the City for the construction of its sewage disposal plant as provided in the Indiana 11 ;Acts as provided in the Indiana Acts as set out in Section 48-4301 to 4311 of Burns Indiana Statutes. 3. The City agrees to reserve to the County the right to use the well situated on the land owned by the County described above and, if and when it becomes necessary for ';the City to use the land upon which said well is located, then the City will extend ..the City Water Service mains to the County Highway Department buildings at the expense of the City. 4. The City agrees to connect the sewers serving the -St. Joseph County Home and lithe County Highway buildings with the sewer interceptors and also to connect the Health - win Hospital sewer line when it is brought to the sewage disposal plant, at the expense 'l of the City. 5. The County may use said above lands for pasture purposes until construction of said sewage treatment plant is commenced. (This reservation not to be recited in the deed of conveyance.) IN WITNESS WHEREOF, the parties have hereunto affixed their signatures the day and year -first above written. (BOARD OF COMMISSIONERS OF ST. JOSEPH COUNTY, INDIANA By Marcel C. Van DeWalle John E. Hanley Stark 0. Sanders BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA By G. P. Ziegler I. A. Hurwich R. S. Andrysiak �i j'