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V�ednesday, June 5th. , 1929.
<br />This agreement, made this 4th., day of June 1929, by and between TQmil
<br />Dol3ie, hud Ifinnie collie, husband and wife, parties of the first part, and the City
<br />of 6outh Bernd, Indiana, party of the second part, 1itnesseth That:
<br />Whereas, the oarties of the first part are the ownerg of the East half o f Lot
<br />Lot Number Six (6) in 'Rilliam S. Andersons Subdivision, within and a part of the Oity
<br />of South. Bend, Indiana;
<br />And whereas, the said "ity of South Bend needs a part of said land as a
<br />part of Sample Street; that said Und lies close to the subway which is noy% be.ingn -
<br />constructed as apart of the track elevation or separation pro ram of t1ge " ty of
<br />South Bend, Indiana, under the tracks of the New York Central Railroad 'lompa#y; and
<br />said City has adopted a resolution for the condemnation of a strip of forty (40) feet'
<br />In width taken off of and from the entire North end of the above described real estate
<br />but that instead of completing said condemnation proceedings with reference to the
<br />above described land, said City intends hereby to purchase the same for street purposes.
<br />Therefore, it is agreed by and between the -parties that the said parties"
<br />of the first part will on or before July Ist., I929, move said dwelling house and
<br />buildings upon said property back towards the North part of said lot, so that the
<br />said frrtyr?40) feet will be free fam use for street purposes and said parties of the'
<br />first part do hereby agree to convey to the City of South Bend said stripnof land
<br />forty (40) feet in width for the street purposes on or before July Ist., I929.
<br />And in consideration of said promises made by said parties of the first
<br />part, the party of the second part does agree at the time of delivery of said deed
<br />but 4ot sooner than July Ist. , I929, it will -p.ay the parties of the first part the sub
<br />of sixteen hundred eighty and.64%I00 (I680.64) as compensation to them for their
<br />expense and trouble in moving said house frrm said forty foot strip and for the re-
<br />construction of the same and for said right of way hereinbefore described; said
<br />party of the second part further agrees that within ten days after the houses and
<br />building above described are moved off of said strip of land, that said city will
<br />establish the line where the curb is to be located on said widened street and will
<br />within said time eonstruct to said line the sewer connection and water connection,
<br />so as to make the same available for the use of the parties of the first part; said
<br />sewer connection shall be laid sufficiently deet to permit the drainage of basement
<br />under the house of the usual and average depth. And said City will on or before the
<br />first day of October, I929, lay a sidewalk upon the North side of said street and
<br />construct a concrete cubb xxx k�;�crWg,,_, at such place as
<br />it may determine, and also will pave the roadway of said street in front of said
<br />property with some good paving material, that all of said things, viz-1 the construct
<br />ion of said water connection, sewer connection, sidewalk, curb and pavement shall
<br />be done at the expense of the City of mouth amend, Indiana.
<br />And said city does llereb_� represent that the said real estate and rights
<br />thereon are being purchased as a part of its said track separation program now. being
<br />done and performed and that it has within its track separation fund and available for
<br />this use sufficient money- to pay -aid sum of money payable to the narti es of the
<br />first part, and to pay all of said ex-penses.
<br />That said condemnation proceedings shall, upon the performance of this
<br />agreement by the parties of the first part, be doscontinued, and there shall be no
<br />assessment of benefits made against the property of the -parties of the first --part
<br />arising out of the condemm tion of land for said widening of Sample Street; that the
<br />amount fixed herein, is the difference between the damages suffered and the benefits
<br />enjoyed from the wide, ing of said street.
<br />In witness whereof, the parties have hereunto set their hands in dupli
<br />sate, on the day first above written.
<br />Emil Doilie
<br />1'innie Rollie, witness .Eli F. Seebirt. "
<br />The same contract was signed by Frank and-"innie Runsford in the amount
<br />of I680.64 and by Ferdinand and Herman Holstein in the amount of 3,698.04.
<br />Contract or agreement signed by Herman and Sarah Freidman in the amount
<br />of 79,000.00, allowing the St. Joseph Loan and Trust Co., 2,324s78, which represents
<br />their iinterest in the Freidman property.
<br />Contract or agreement signed by ?`ary -Kovacs in the amount of 6,484,I5.
<br />In the above named assessment roll, the Hoard hereby orders that on the
<br />I9t#., day of June I9 '9, this 3oard E,ill meet in their office in the City Hall at
<br />7-I5 P. r. , to hear and receive remonstrances from all persons whose -property may be
<br />affected by such condemnation and will decide whether the several lots and parcels of
<br />land have been or will be benefited or damaged in the amounts named an said assess-
<br />ment roll or in a greater or less sum than that named on said roll. The Board further
<br />orders that notices of said hearing together vvi th the amounts of damages and benefits
<br />awarded or assessed against each be piece of property, shall be delivered according
<br />to law.
<br />The Board approved a claim of 1,41ichael Tomaszewski in the amount of 17.05.
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