01/14/1936 Board of Public Works Special Meeting Minutes

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2. That the city of South Bend will: pay to the Clerk of the St. Joseph Circuit Court, on or before the 20th day of Jenuary 1936, the sum of $5,000.00, to be applied on said Leeper judgment in Cause No. 48114, and in addition thereto the costs of said action. 3. That all other appeals from the awards of the Board affecting project covered by Condemnation Resolution No. 2481 have been settled and awards entered therein, and said awards will be paid by said City of South Bend in the manner provided by law, so as to prevent -any delay in the construction of said project by the Commission. - 4. The Commission will pay the sum of $15,000.00 on or before the 20th day of January, 1936, provided the conditions hereinafter mentioned to be complied with by Leeper shall have been completed on said date; otherwise, said payment is to be paid as soon as said conditions are complied with; said sum ;to be paid as follows-, ( a ) Eighty -Six -Hundred Fifty ($8, 650:00 ) Dollars to be paid to the Clerk of the St. Joseph Circuit Court to complete the satisfaction of the judgment in Cause No. 46114, and said mortgage of said Home Owners` Loan Corporation referred to herein. (b) The balance of Sixty-three Hundred Fifty ($6,350.00) Dollars to be paid to Samuel Leeper. 5. Leeper shall furnish to the Commission an abstract of title shoving good and merchantable title in said Leeper, free from all encumbrances, including 1935 taxes, but excepting_ the. easement created by Condemnation Resolution No. 2841 of said Board; end shall deliver a warranty deed to said Commission upon the payment of said sums, as herein specified, conveying said real estate to the State of Indiana. 6. Samuel Leeper shall be permitted to occupy said property, rent free, until highway construction shall be commenced on the Leeper property, but in no event later than April lst, 1936, at which time said property must be vacated by said Leeper, and/or his tenants. The Commission, its agents, contractors or employees, at any time may enter the premises end proceed with construction without liability to said Leeper or his tenants therefor. WITNESS the signatures of the parties this 15th day of January, 1936. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA By Frederick J. Anderson Edwin W. Hunter Fred 'Woodward STATE HIGHWAY 001,=SSION OF INDIANA By James D. Adams Chairman Eron B. Scotsenburg Member John wheeler Member Samuel Leeper AND AREAS, it is deemed to be to the best interests of the city of South Bend, and the Board of Public works of said city, to enter into said contract and agreement; THEREFORE BE IT RESOLVED by the Board of Public works of the city of South Bend, that they enter into and execute said agreement for and on behalf of said city of South Bend." Said resolution was seconded by 1 r. Toodward and unenimously carried. There being no further business to come before the meeting, it was on motion duly adjourned. ATTEST:Clerk • • 0.