HomeMy WebLinkAbout11/05/1934 Board of Public Works Minutes7 4 T• on da y , I; ovembe r 5 th . , 193 4
soar rr;.t in regular session at 3 P. f:. .l er�rex pr,
resen. vitYrnineer,
w. `3. T"oose, also present. -mutes of metro held h1ondey, October 20th., 1�34, reed
and epprovecl.
Moon the recoTzimendeti_on of City -1�nr,ineer, S. 17,10ore, the Doard approved
the clan for. the 'drive Orr ay for filling station at the south east corner of =ichi flan
end Yedison street, ovrned by �tand;-rd. Oil Company.
1ne npproved the Plunblers �xcaivntion bond in favor of loran and T,yitchel
sinned by .Sontinental. Cesunity Company.
T?T on tr e recur mend.a.ti on of '4 S. s`oore, City n ;ineer, i rie 1 op rd. s irned the
following o preez,ient with the Z.LlinFer 1='enufacturinp 'Conpeny:
'1 C- E E T i u 1 1 1
TuTS AC?-,ETi ;XT, made and cntereed into this 5th-, day of ITovenber, 10,34, by
and between the op of Public ` orks of the City of 6outh Eend, hereinafter for con-
venience referred to as "Board", and the SinFzer Iv`enufacturinp Company, hereinafter for
convenience referred to as "Company", jVITI E-7'�y��S�'TH: The �
7FT'L"RFEA:S1 The said ILoerd r?_esireS to acquire for pu...blic hi.Fhway purposes a
parcel of lenr", owned by said. Cob -teeny end -!^ore perticulerly described as follows, towit:
C^r"'7"T(`IT7C at e point on the -oresnet !%forth
line of Western Avenue in seid itv a dis-
tance of 200 feet --pest of the ;:tasty line of
Kosciusko Ntreet extended, t'_lence Fast 200
feet to the intersection of seid. forth line
Of ;estern Avenue and s^id -pst line of
Kosciusko street extended., thence north 27
feet to the present NV_nth line of that por-
tion of Vestern Avenue rr ich lies East of
Kosciusko ktr1-.et, thence �:outhwesterly to
the point of hepinrinp;
a. nd
,7p n ''he rarties have '-_eretofore been uneble to nFree upon the price
but are desirous of effecting the pvrentinF of an easement of seir pe.rcel for highway
purposes by seid Oompany to the riunicipel City of `youth Fend ,
1`0:=' TF'�-_RT`1 "RE, The nerties mutuelly rromise any'. -tree as follows:
1. On the performance by sa: i_ d Board and/or City of bout'h. Dend of the parts
of this coritrsct to be performed by then, or either of there, said Company sh=-11 execa:.te
deed vestinc- in said municinal cit-Nr of South :deny a. perpetual e asenlent in said munici-oa
city of "%outth Lend for high47a.y purposes and bzr such conveyance shell warrent trig. said
parcel to be fr >e of ==ll liens enf encumbrances.
2. =aid municipal city and/or said t;oerd of corks shell remove and replace
the present fence on the new Tine on the hypotenuse of said tri.anr�le and small conttruc
sidewalk, curb and pavement and do such v•ork as be necessary or incicente in such
construction without cost tb the sa _d Company and shall rerforrn th.e sable within thirty
days after the execution of this eg-reement.
3. The said _o.- rd a.C°rees, on behq if of said city, to r for said: easement
ghat sum Lehicr shall be determined by the written ?Tr7rd of riot less than two of three
arbitr^tors ;trho shell to selected in the folloT-irr r_onner: each of the parties hereto
she1.1, v;a,thin five days after the execution hereof, appoint in ,vritinr an rnprpiser.
The tv,,ro thus e.ppointed shill `orthti€pith select e third. The three shell then irimediate-
ly proceed to Clete rnine the =amount of money cons ider.^t i on to be T. id _11-v said munici-
pnl ci_tr to said C%ormr---ny hereunder. The a.ppr� isers shall t- ithin ten dnvs =after the
appointment o the third, m^'ce critter• report of the it proceedings and. determination
and the amount fixed by any tvo of them shell then be peid by said municipal city to sa
Con-o,-nT7 within ter, days V--reaf_ter. -bach rerty shell r_sv the expense of its o,�n apprai
ser e.nd one half of t'he expense of the third.
4. -'either tr is apreement nor the a:t,.qrd made by seid appr-aisers shell be
used directly or indirectly in env, subse�-_uent nroceedinrs which ma= tie instituted by
tie mainicipel city of -out'_ Yend for t'r._e acquisition or condenanetion of other portions
of se id Compr�ny's land a.lonF-• western .L.venue anc neither the acdeptance by said Company
nor the pa7�-ent bar said "ity of the price fixed by sucli:. arbitration shall be construed
as ad.mi.ssion on ttlr' part of either respectively that said price is ttie fair and
reasonable raket value of the lend effected or of en'- interest therein.
T-7 the S ld ,✓.0- rr has byresolution duly a, _Op tad , caused
this 8{- reerr.ent to be executed by S r",berS, grid S i ;Oi Jn,, ac attSed this in-
strument to to exee.,tte on its behalf by David. Pollock, its d.u'ly Futhorized represents_
tine, at the time and nlece first above -ntioned,
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1,,on(lp.v, `aveirffier 5th 7571
1934
IF
DOARII� 01"i PUp-I'1C7M11KS
BY !-ick Orohnson
Anton Zmudzinski
Rtlph F. Kuss
T 0 177 t4CT T "'ER T N 0 CC
By David Pollock
i,orks iYane.Fer
The Foprd n-o-Qroved claims for wrious departments in the, sun. of 868.52 and hereby
"'ity (;On4�� - n-n orders � - u alley to p,--v seme -s soon sossible.
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1,,eet4(nF, act journ�t 4-30 P.
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