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SPECIAL FETING January 14. 1936
<br />lUnutes of a Special Meeting of the Board of Public Works of the City of South Bend
<br />Indiana, held on the 14th day of January, 1936, with all the members present.
<br />The following resolution was introduced by bar. Hunter:
<br />"WITNES,SEETH THAT,
<br />WHEREAS, the City of South Bend, Indiana, the State Highway Commission of
<br />the State of Indiana, and Samuel Leeper have come to a tentative agreement
<br />relative to the disposition of the right-of-way dispute concerning the
<br />• right-of-way condemned by Condemnation Resolution No. 2481, across the
<br />property of Samuel Leeper, and a proposed contract has been drawn for
<br />execution by the various parties interested in said dispute, copy of which
<br />proposed contract is as follows:
<br />This stipulation and agreement entered into between the CITY OF SOUTH. BEND-,
<br />INDIANA, by its Board of .Public Forks, hereinafter referred to as the "City", the
<br />STATE HIGHWAY CO1124ISSTON OF INDIANA, hereinafter referred to as the "Commission",
<br />and SAMUEL LEEPER.
<br />WITNESSETH: That,
<br />AREAS, the City of South Bend, by its said Board condemned certain land
<br />for the extension of Michigan Street north, from North Shore Drive to the north city
<br />limits, by its Condemnation Resolution No. 2481, the same being Proj. NREIT, 2,
<br />Section A-1, as shown on the plans thereof on file in the office of the Commission;
<br />and,
<br />AREAS, the property of Samuel Leeper, to -wit:
<br />A part of the West half of the Northwest quarter of Section One (1),
<br />Twp. Thirty-seven (37) North, Range Two (2) East, which part is bounded
<br />by a line running as follows:. Beginning at a point 180 feet south of
<br />the corner formed by the intersection of the south line of Peashway
<br />Street with the Vest line of Leeper Avenue in the city of South Bend,
<br />which beginning point is at the southeast corner of a lot conveyed to
<br />Olen A. Clark; thence south along the west line of Leeper Avenue 207.8
<br />feet to the Northeast corner of a lot conveyed to John J. and Eleanor D.
<br />McErlain, but in whose deed the beginning point is erroneously described
<br />as being 437 feet instead of 387.8 feet south of Peeshway Street; thence
<br />west on the north line of said YcErlain lot 167 feet more or less to the
<br />easterly line of the right of way of the Michigan Central Railroad
<br />Company; thence northwesterly along the a -:steely line of said. right of
<br />way to a point 180 feet due south of the south line of said Peashwa.y
<br />Street, and where the south line of land conveyed to Clark intersects
<br />said right of way; thence east on the south line of land conveyed to
<br />Clark to the place of beginning; together with and subject to an alley
<br />14 feet wide north and south, the center line of which is the south
<br />i line of this.description, all in St. Joseph County, State of Indiana.
<br />Subject to all the rights, interests and easemenets conveyed by grantor
<br />to Arthur Kennedy by deed dated July 5, 1902, recorded in Deed Record
<br />122 at page 379 of the records of said county.
<br />is affected by said proceedings, and an appeal has been taken by Leeper to the
<br />St. Joseph Circuit Court, from the award of damages given said Leeper by said
<br />Board, which appeal is Cause No. 48114 in said Court, and upon the trial of said
<br />cause damages in the amount of $13,650.00 were awarded to said Leeper, and a judg-
<br />ment was entered for said amount; and
<br />i AREAS, the City of South Bend has only 05,000.00 available for the
<br />payment of said award, and judgment, exclusive of court costs; and.,
<br />?AREAS, the Commission is desirous of purchasing the residue of said
<br />Leeper property for highway purposes, and such purposes of said Commission as they
<br />may determine, and has agreed with Leeper for the purchase of said property for a
<br />total cost of $15,000.00,. in addition to the sum of $5,000.00 to be paid on said
<br />award of damages by the City of South Bend; and,
<br />WHEREAS, the Home Owners' Loan Corporation has a mortgage on said
<br />premises in the amount of 8,400.00, with accrued interest at the rate of 5% from
<br />December 22, 1933, and said avrard and judgment of the Circuit Court provides that
<br />said mortgage shall be satisfied out of said judgment, and the balance paid to
<br />Leeper; and,
<br />AREAS, said City of South Bend has filed in said cause in the
<br />St. Joseph Circuit Court a motion to discontinue the condemnation proceedings in-
<br />sofar as they affect the Leeper property, and also, a motion to vacate and set
<br />aside said judgment and award:
<br />NOW THEREFORE, it is stipulated by and between the parties hereto that:
<br />1. The City of South Bend will withdraw its motion to dismiss the
<br />• ,condemnation proceedings and also the motion to vacate and set aside the
<br />award and judgment in Cause No. 48.114, in St. Joseph Circuit Court.
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