HomeMy WebLinkAbout03/16/1928 Board of Public Special Meeting MinutesVzvi4ay, March 16th., 1928. 17
The Board met in special session at I0:00 A. M. All members present.
Mir. H. G. Wray, City Migineer, and 14r. I. S. Romig, City Attorney, also
present.
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Upon the approval of City Attorney, I. S. Romig, the Board approved the
following Indenture:
"This Indenture made in the City of South Bend, County of St. Joseph„ and
State of Indiana,
• WITNESSETH: That,
WHERI AS, August Weber of the City of South Bend, Indiana, is the owner of
twenty -three -twenty-fourths (23/24) part of the following described real estate,
situate in the said city, to wit
Lot -Thirty-three (33) in Wenger and Kreighbaum's First Addition to the said
City and
MEREAS, the City of South Bend has, by and through its Board of Public
Works duly condemned, for widening and extending Ohio Street made necessary by the
• separation of the grade corssing of the New York Central Railroad Oompany through
said city, the following portion of said.tot Number Thirty-three (33), to -wit:
Beginning at the Northwest Corner of Lot Thirty-three (33) Wenger and
Hreighbaum's Addition to the City of South Bend, Indiana; thence past
along the North line of said Lot Twenty-seven and sixty-six hundredths
(27.66) feet to the intersection of the Southerly line of the ri t-of
way of the New York Central Railroad; thence South Fifty-eight �58)
degrees, eight (8) minutes East along the said Southerly line of the
right-of-way of the New York Central Railroad, a distance of Hundred
and Fourteen and six -tenths (II4.6) feet to the intersection of the
west line of Marietta Street; thence South along the said West line
of 111arletta Street, a distance of Thirty and Twenty-five Hundredths
(30.25) feet to the Southeast Corner of said Lot Thirty-three (33);
thence ;lest along said South line a distance of Sixty- four and Forty
one (64.4I) Hundredths feet; thence North 58 degrees and 8 minutes
West along a line parallel with and sixty (60) feet from the Southerly
line of the tight -of -wary of the New York Central Railroad 69.55 feet to the
west line of said lot numbered Thirty-three (33).; thence North 53.62
feet, to the place of beginning; and
171HEREAS said Weber is comt4mpla ting and will acquire the tithe to the un-
divided one -twenty-fourth (I-1-24) interest in and to all of the above described real
estate within 20 days of this date.
• NOW THIS WITNESSETH; that, for and in consideration of the sum of One
Dollar ($I.00) paid by the said city to said Weber, the receipt of which said aVeber
hereby acknowledges, ,the said Weber jhereby contracts and agrees to accept for and
in consideration of all of the said real estate the sum of 'iftyPfive Hundred
Dollars (5., 500.00) , which sum shall be paid on or before April IOth. , I928, '.as
other damages are paid in the said condemnation prodeeding and said Weber further
contracts:. to execute and deliver to the said City'and good and proper Warranty
Deed for all of the portion of said Lot Rumbered Thirty-three (33) not required
for street purposes and place in said deed the name of such grantee as said city
May designate to him.
. And the said Weber contracts and agrees to give possession of said Real
Estate by May I5th., 1928, but it is understood that if said City should not need
the use of said real estate for some time after May I5th., then it may, at its
election, and option, permit said Weber to occupy said real estate for s. time after
Mlay ISth. , in which last event said Weber shall give the said City full and complete
possession of all said real estate upon the receipt of five (5) day notice from the
City to do so.
It is understood that siad condemnation and the said deed shall be made
subject to the taxes of 1928, due and payable in 1929.
Witness the hand and seal of said August `'i eber this I5th., day of If'arch,
1928.
signed August yeber
Approved March I6th., 1928.
W . R. Hinkle
John J. Ole jnic zak
Ralph H. :e[uss
BOARD OF PUBLIC WORTKS. "
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18 Friday, L%- rch I6t�h. , 1928.
This being the date set, continued hearing ivas had on the assessment roll
for Comdemnat ion (Easement) for the Northwest gunk 'ewer under Condemnation
Resolution No I769.
In: the ab ove named assessment roll., AaronAH. Hugu.enard and W. J. ITCIn.erny,
appeared in the interests of the Chicago, South Shore and South Bead Railway Company
remonstrating against the award of damages allowed said company for this easement
right. . F. Seibert, representing the Chicago, South Bend and Northern Indiana
Railway �;ornpany , appeared in the interests of said railwaycompany. G. g
and S PAY' A. �`arabau
Samuel Pettingill, attorneys for the J. J. Dunnegan Construction Company were
present in the interests of said construction company. irr. Charles H. Jones and
Mr, John Gilmore, representing the Chicago,. South Shore and South Bend Railway Co.,
and the Bunnegan Construction Co., respeztiveIy, were also present.
After hearing all persons interested in said }proceedings, and being fully
advised in the premises, the Board: finds the Chicago, South Shore and South Bend
i?e iT aq Company to b e damaged an additional amount of 500. 00. The Board also finds
the Chicago, South Bend and Northern Indiana Railway Co., to be damaged in an addi-
tional amount of $500.00 and that the City of South Bend is benefited an additional
amount of I,000.00. Said final assessment roll was modified in the above mentioned
respects and the Board declared said assessment roll, filed February 29th, 1928,
in all things ratified, confirmed and approved as modified and 1 procee'ings,
in. the matter of Condemnation Resolution No.1769, concluded. The Board now orders
said assessment roll delivered to the Department of Finance.
k1eeting adjourned at I20'Clock noon.
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Cl`e_VXof__t_he Board
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