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WITNESSETH: <br />THAT WHEREAS, parties of the first part are owners <br />of the following described real estate situated in St. Joseph <br />County, Indiana: <br />The East z of the North a of the Southwest <br />4 of the Northwest 1 of Section 34, Town- <br />ship 38 North, Range 2 East, containing 10 <br />acres more or less. <br />AND WHEREAS, it is the desire of the parties of the <br />second part to purchase said property for a gravel pit for the <br />Municipal City of South Bend. <br />IT IS STIPULATED AND AGREED by and between the parties <br />that parties of the second part, subject to the approval of the <br />Common Council of the City of South Bend, Indiana, will purchase <br />the property above described from parties of the first part for <br />the sum of Five Thousand Dollars ($5,000.00) upon the furnishing <br />to parties of the second part or their assigns of good and <br />merchantable title to the property described showing no incum- <br />brances or liens against s &id real estate, and that parties of <br />the first part stipulate and agree, upon the approval of the <br />action of the Board of Public Works and Safety in purchasing said <br />property above described by the Common Council of the City of <br />South Bend, that they will furnish and deliver unto the said <br />City of South Bend a Warranty Deed with abstract showing good <br />and sufficient right to convey the property set out in this <br />agreement upon the payment by the Municipal City of South Bend <br />to parties of the first part or their assigns the sum of Five <br />Thousand Dollars ($5,000.00) as set out in this agreement. <br />To the carryin; out of this agreement and the pro- <br />visions and terms hereof the parties bind themselves, their <br />heirs and successors this 17th day of May.. 1937. <br />N <br />PARTIES OF THE FIRST PART <br />(Signed) <br />Thomas <br />H. <br />Jackson <br />(Signed) <br />Laura <br />Dell <br />Jackson <br />