03/16/1928 Board of Public Special Meeting Minutes

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Vzvi4ay, March 16th., 1928. 17 The Board met in special session at I0:00 A. M. All members present. Mir. H. G. Wray, City Migineer, and 14r. I. S. Romig, City Attorney, also present. i Upon the approval of City Attorney, I. S. Romig, the Board approved the following Indenture: "This Indenture made in the City of South Bend, County of St. Joseph„ and State of Indiana, • WITNESSETH: That, WHERI AS, August Weber of the City of South Bend, Indiana, is the owner of twenty -three -twenty-fourths (23/24) part of the following described real estate, situate in the said city, to wit Lot -Thirty-three (33) in Wenger and Kreighbaum's First Addition to the said City and MEREAS, the City of South Bend has, by and through its Board of Public Works duly condemned, for widening and extending Ohio Street made necessary by the • separation of the grade corssing of the New York Central Railroad Oompany through said city, the following portion of said.tot Number Thirty-three (33), to -wit: Beginning at the Northwest Corner of Lot Thirty-three (33) Wenger and Hreighbaum's Addition to the City of South Bend, Indiana; thence past along the North line of said Lot Twenty-seven and sixty-six hundredths (27.66) feet to the intersection of the Southerly line of the ri t-of way of the New York Central Railroad; thence South Fifty-eight �58) degrees, eight (8) minutes East along the said Southerly line of the right-of-way of the New York Central Railroad, a distance of Hundred and Fourteen and six -tenths (II4.6) feet to the intersection of the west line of Marietta Street; thence South along the said West line of 111arletta Street, a distance of Thirty and Twenty-five Hundredths (30.25) feet to the Southeast Corner of said Lot Thirty-three (33); thence ;lest along said South line a distance of Sixty- four and Forty one (64.4I) Hundredths feet; thence North 58 degrees and 8 minutes West along a line parallel with and sixty (60) feet from the Southerly line of the tight -of -wary of the New York Central Railroad 69.55 feet to the west line of said lot numbered Thirty-three (33).; thence North 53.62 feet, to the place of beginning; and 171HEREAS said Weber is comt4mpla ting and will acquire the tithe to the un- divided one -twenty-fourth (I-1-24) interest in and to all of the above described real estate within 20 days of this date. • NOW THIS WITNESSETH; that, for and in consideration of the sum of One Dollar ($I.00) paid by the said city to said Weber, the receipt of which said aVeber hereby acknowledges, ,the said Weber jhereby contracts and agrees to accept for and in consideration of all of the said real estate the sum of 'iftyPfive Hundred Dollars (5., 500.00) , which sum shall be paid on or before April IOth. , I928, '.as other damages are paid in the said condemnation prodeeding and said Weber further contracts:. to execute and deliver to the said City'and good and proper Warranty Deed for all of the portion of said Lot Rumbered Thirty-three (33) not required for street purposes and place in said deed the name of such grantee as said city May designate to him. . And the said Weber contracts and agrees to give possession of said Real Estate by May I5th., 1928, but it is understood that if said City should not need the use of said real estate for some time after May I5th., then it may, at its election, and option, permit said Weber to occupy said real estate for s. time after Mlay ISth. , in which last event said Weber shall give the said City full and complete possession of all said real estate upon the receipt of five (5) day notice from the City to do so. It is understood that siad condemnation and the said deed shall be made subject to the taxes of 1928, due and payable in 1929. Witness the hand and seal of said August `'i eber this I5th., day of If'arch, 1928. signed August yeber Approved March I6th., 1928. W . R. Hinkle John J. Ole jnic zak Ralph H. :e[uss BOARD OF PUBLIC WORTKS. " •