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HomeMy WebLinkAbout05/30/73 Board of Public Works Special Meeting Minutes1260 SPECIAL MEETING MAY 30, 1973 A -special meeting of the Board of Public Works was convened at 9:15 a.m. on Wednesday, May 30, 1973 with all members present. The purpose of the meeting was to sign agreements to purchase property for the right-of-way for the McKinley -Hickory -Logan Intersection project. AGREEMENT - CITY OF SOUTH BEND AND CLARENCE W. DOCKERY AND MARTHA L. DOCKERY AGREEMENT This Agreement entered into this 29th day of May, 1973 by and between Clarence W. Dockery and Martha L. Dockery, hereinafter referred to as Sellers, and the Civil City of South Bend,,a municipal corporation of the State of Indiana, hereinafter referred to as Buyer, WITNESSETH: WHEREAS, the Sellers are owners of real estate of which the hereinafter described parcel is a part and the acquisition of which parcel is re- quired by the Civil City of South Bend for certain improvements to be made to the West Side of Hickory Road in South Bend, Indiana; and WHEREAS, the real estate of which the hereinafter described parcel is a part is presently being leased by the Sellers to various tenants under recorded leases; and WHEREAS, the parties hereto have agreed to the terms of sale of the hereinafter described real estate and have agreed that the Buyer should have an immediate right of entry upon said real estate at the time of the execution of this Agreement. NOW, THEREFORE, it is agreed by and between the parties hereto and for and in consideration of the premises and the mutual covenants herein contained, as follows: 1. The Sellers agree to sell and the Buyer agrees to buy the following described real estate located in St. Joseph County, State of Indiana: Commencing at the South East corner of Section 5, Twp. 37 North, Range 3 East; thence due North 40 feet along the East line of said Section 5; thence due West 20 feet to the true point of beginning; thence due North a distance of 513 feet along a line 20 feet West of and parallel to said East line of Section 5; thence due West 20 feet; thence due South 513 feet along a line 40 feet west of and parallel to the East line of Section 5; thence due East 20 feet to the true point of beginning containing 10,260 sq. ft. or .2355 acres, all in the South East L of the South East 4 of Sec. 5, Twp. 37 North, Range 3 East, Portage Twp., St. Joseph County, Indiana. in accordance with the terms and conditions herein set forth. 2. The purchase price of said real estate shall be the sum of Twenty-eight Thousand, Two Hundred and Fifteen Dollars ($28,215.00). This amount shall be paid at the.time of closing. 3. The Sellers represent and warrant that they have a merchantable fee simple title to said above described real estate subject only to the lien of current taxes and to the rights of the tenants in possession of said real estate. The Sellers further agree and warrant that they will at the time of the preparation of the title insurance policy on said real estate, furnish a good and sufficient release of all interest of any and all tenants of the Sellers in said real estate. 4. The Sellers agree to obtain, and the Buyer agrees to pay the cost thereof, a binder of title insurance in an amount equal to the purchase price. Such binder shall insure title in the Sellers and SPECIAL MEETING MAY 30, 1973 shall contain a covenant to insure such title in the Buyer upon appropriate conveyance. The Buyer shall, after receiving such binder, examine it and certify to the Sellers any defect in title. The Sellers shall have reasonable time to correct such defect and deliver to the Buyers any corrective material. Such defects in title shall be corrected at the expense of the Sellers. 5. It is agreed by and between the parties that state and/or federal funds are involved in the purchase of this real estate and that some delay may be occasioned after the execution of this Agreement in securing said funds for the closing of this sale. The Buyer represents that such funds should be available within forty-five (45) days of the execution of this Agreement and closing shall take place as soon as such funds are available. At closing the Sellers agree to deliver to the Buyer a Warranty Deed conveying said real estate in accordance with this Agreement. Complete and exclusive possession of the premises shall be delivered to the Buyer by the Sellers at the time of closing. 6. It is further agreed by and between the parties that any signs or other structures owned by the Sellers or their Tenants in possession shall be ".4 removed or relocated by the Sellers at no expense to the Buyer, except 0 that Buyer shall pay one-third 0/3) of Sellers' expense, but not to Q exceed the sum of $2,000.00, in the removing or relocating of said signs. Such removal and relocation shall be completed by the time of the closing of this sale. 7. It is further agreed by and between the parties that upon the execution of this Agreement, the Buyer shall have an immediate right of entry upon said real estate for the purpose of survey, grading, leveling, filling, draining, paving, building, repairing, and rebuilding streets and highways together with any culverts, ramps and cuts as may be necessary, providing that no signs or sign structures owned or maintained by the Sellers or their Tenants in possession, shall be disturbed by the Buyer, its agents or servants until removal thereof by the Buyer or their Tenants pursuant to this Agreement. 8. The rights and obligations created by this Agreement shall be binding upon and shall run for the benefit of the assigns, heirs, executors, administrators and of the parties hereto. (Deceased) Clarence W. Dockery sl-Martha Dockery Walters SELLERS CIVIL CITY OF SOUTH BEND by its BOARD OF PUBLIC WORKS s/ William J. Richardson s/ Jam -es V. Barcom s/ ames R. Jeitz ATTEST: s/ Patricia DeClercq, Clerk Upon motion made, seconded and carried, the Agreement was approved and signed. SPECIAL MEETING MAY 30, 1973 AGREEMENT This Agreement entered into this 29th day of May, 1973, by and between Armand Murat, Jr. and Dorothy Murat, hereinafter referred to as Sellers, and the Civil City of South Bend, a municipal corporation of the State of Indiana, hereinafter referred to as Buyer, WITNESSETH: WHEREAS, the Sellers are owners of real estate of which the hereinafter described parcel is a part and the acquisition of which parcel is required by the Civil City of South Bend for certain improvements to be made to the West side of Hickory Road in South Bend, Indiana; and WHEREAS, the real estate of which the hereinafter described parcel is a part, is presently being leased by the Sellers to various tenants under recorded leases; and WHEREAS, the parties hereto have agreed to the terms of sale of the hereinafter described real estate and have agreed that the Buyer should have an immediate right of entry upon said real estate at the time of the execution of this Agreement. NOW, THEREFORE, it is agreed by and between the parties hereto and for and in consideration of the premises and the mutual covenants herein contained, as follows: 1. The Sellers agree to sell and the Buyer agrees to buy the following described real estate located in St. Joseph County, State of Indiana: Commencing at the South East Corner of Section 5, Twp. 37 North, Range 3 East; thence due North along the East line of said Section 5, a distance of 553 feet; thence due West 20 feet to the true place of beginning; thence due North along a line 20 feet West of and -parallel to said East line of Section 5, a distance of 150 feet; thence due West 20 feet; thence due South along a line 40 feet West of and parallel to said East line of Section 5, a distance of 150 feet; thence due East a distance of 20 feet to the true place of beginning, containing 3000 square feet of .06887 acres, all in the South East 4 of the South East 4 of Section 5, Twp. 37 North, Range 3 East, Portage Twp., St. Joseph County, Indiana. In accordance with the terms and conditions herein set forth. 2. The purchase price of said real estate shall be the sum of Eight Thousand, Two Hundred and Fifth ($8,250.00) Dollars. This amount shall be paid at the time of closing. 3. The Sellers represent and warrant that they have a merchantable fee simple title to said above described real estate subject only to the lien of current taxes and to the rights of the tenants in possession of said real estate. The Sellers further agree and warrant that they will at the time of the preparation of the title insurance policy on said real estate, furnish a good and sufficient release of all interest of any and all tenants of the Sellers in said real estate. 4. The Sellers agree to obtain, and the Buyer agrees to pay the cost thereof, a binder of title insurance in an amount equal to the purchase price. Such binder shall insure title in the Sellers and shall contain a covenant to insure such title in the Buyer upon appropriate conveyance. The Buyer shall, after receiving such binder, examine it and certify to the Sellers any defect in title. The Sellers shall have reasonable time to correct such defect and deliver to the Buyer any corrective material. Such defects in title shall be corrected at the expense of the Sellers. 5. It is agreed by and between the parties that state and/or federal funds are involved in the purchase of this real estate and that some delay may be occasioned after the execution of this Agreement in securing said funds for the closing of this sale. The Buyer repre- sents that such funds should be available within forty-five (45) days of the execution of this Agreement and closing shall take place as soon as such funds are available. At closing the Sellers agree to deliver to the Buyer a Warranty Deed conveying said real estate in accordance MR SPECIAL MEETING MAY 30, 1973 with this Agreement. Complete and exclusive possession of the premises shall be delivered to the Buyer by the Sellers at the time of closing. 6. It is further agreed by and between the parties that any signs or other structures owned by the Sellers or their Tenants in possession shall be removed or relocated by the .Sellers at no expense to the Buyer, except that Buyer shall pay one-third (1/3) of Sellers' expense, but not to exceed the sum of $2,000.00, in the removing or relocating of said signs. Such removal and relocation shall be completed by the time of the closing of this sale. 7. It is further agreed by and between the parties that upon the execution of this Agreement, the Buyer shall have an immediate right of entry upon said real estate for the purpose of survey, grading, leveling, filling, draining, paving, building, repairing and rebuilding streets and highways together with any culverts, ramps and cuts as may be necessary, providing that no signs or sign structures owned or maintained by the Sellers or their Tenants in possession, shall be disturbed by the Buyer, its agents or servants until removal thereof by the Buyer or their Tenants pursuant to this Agreement. e� O 8. The rights and obligations created by this Agreement shall be binding U� upon and shall run for the benefit of the heirs, executors, administrators and of the parties hereto. U s/ Armand Murat ARMAND MURAT, JR. s/ Dorothy Murat DOROTHY MURAT SELLERS CIVIL CITY OF SOUTH BEND by its BOARD OF PUBLIC WORKS s/ Wi lam J. Ri ds n s/ J me�" At z s/ James V. Barcome BUYER ATTEST: Patricia DeClercq, Clerk Upon motion made, seconded and carried, the Agreement was approved and signed. AGREEMENT This Agreement entered into this 5th dayof May, 1973 by and between Amoco Oil Company, formerly the American Oil Company, hereinafter referred to as Seller, and the Civil City of South Bend, a municipal corporation of the State of Indiana, hereinafter referred to as Buyer, WITNESSETH: WHEREAS, the Seller is a Lessee under a lease dated July 1, 1964 wherein Clarence W. Dockery and Martha L. Dockery are Lessors of certain real estate of which the hereinafter described parcel is a part, and the acquisition of which parcel is required by the Civil City of South Bend for certain improvements to be made to the West side of Hickory Road in South Bend, Indiana; and WHEREAS, the parties hereto have agreed to the terms of the sale of the hereinafter described real estate and have agreed that the Buyer should have an immediate right of entry upon said real estate at the time of the execution of this Agreement. SPECIAL MEETING MAY 30, 1973 NOW, THEREFORE, it is agreed by and between the .parties hereto and for and in consideration of the premises and the mutual covenants herein contained, as follows: 1. The Seller agrees to sell and the Buyer agrees to buy the following described real estate located in St. Joseph County, State of Indiana: Commencing at the South East corner of Section 5, Twp. 37 North, Range 3 East; thence due North 40 feet along the East fne of said Section 5; thence due West 20 feet to the true point of beginning; thence due North a distance of 110 feet along a line 20 feet West of and parallel to said East line of Section 5; thence due West 20 feet; thence due South 110 feet along a tine 40 feet West of and parallel to the East line of Section 5; thence due East 20 feet to the true point of beginning; in accordance with the terms and conditions herein set forth. 2. The consideration paid for the acquisition of said real estate shall be the sum of Seventeen Thousand, Seven Hundred and Fifty Dollars ($17,750.00). This amount shall be paid at the time of closing. 3. It is agreed by and between the parties that state and/or federal funds are involved in the acquisition of this real estate and that some delay may be occasioned after the execution of this Agreement in securing said funds for the closing of this sale. The Buyer represents that such funds should be available within forty-five (45) days of the execution of this Agreement and closing shall take place as soon as such funds are available. At closing the Seller will deliver to the Buyer a Quit Claim Deed conveying said real estate in accordance with the terms of this Agreement. Complete and exclusive possession of the premises shall be delivered to the Buyer by the Seller at the time of closing. 4. It is further agreed by and between the parties that any signs or gather structures owned by the Seller shall be removed or relocated by the Seller at no expense to the Buyer. Such removal and relocation shall be completed by the time of the closing of this sale. 5. It is further agreed by and between the parties that upon the execution of this Agreement, the Buyer shall have an immediate right of entry upon said real estate for the purpose of survey, grading, leveling, filling, draining, paving, building, repairing and rebuilding streets and highways together with any culverts,.ramps and cuts as may be necessary, providing that no signs or structures owned or maintained by the Seller shall be disturbed by the Buyer, its agents or servants until removal thereof by the Buyer pursuant to this Agreement. Buyer agrees to save and hold harmless Seller from any and all liability, claim of damage, or cause of action resulting from or arising out of or incident to the right of entry herein granted. Buyer further agrees not to unreasonably interfere with the ingress and egress to Seller's adjacent service station site and agrees that all work in the area will be completed as soon as possible. 6. It is further agreed by the Seller that there shall be no decrease in the width of the access driveways to the Seller's property from McKinley Highway, that there shall remain two access ways from the Seller's property on to Hickory Road, and that at the point where the two access drives from the Seller's property join Hickory Road there shall be a change and not to exceed sic (6) inches in grade. Seller further agrees that the access driveways will remain in the same position and location as to the point where they touch Hickory Road and McKinley Highway. 1 SPECIAL MEETING MAY 30, 1973 1 7. The rights and obligations created by this Agreement shall be binding upon and shall run for the benefit of the assigns, heirs, executors, administrators and of the parties hereto. AMOCO OIL COMPANY BY: P s/ S. G. Van Sickle S. G. Van Sickle Regional Vice President SELLER ATTEST: s/ H. J. Keller H-. J. Keller Assistant Secretary CIVIL CITY OF SOUTH BEND by its BOARD OF PUBLIC WORKS s/ William J. Richardson s/ James V. Barcome s/ James R. Seitz BUYER ATTEST: atricia DeClercq, Clerk Upon motion made, seconded and carried, the Agreement was approved and signed. The Special Meeting adjourned at 9:20 a.m., upon motion made, seconded and carried. ATTE : CLERK