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HomeMy WebLinkAbout01/14/1936 Board of Public Works Special Meeting MinutesSPECIAL FETING January 14. 1936 lUnutes of a Special Meeting of the Board of Public Works of the City of South Bend Indiana, held on the 14th day of January, 1936, with all the members present. The following resolution was introduced by bar. Hunter: "WITNES,SEETH THAT, WHEREAS, the City of South Bend, Indiana, the State Highway Commission of the State of Indiana, and Samuel Leeper have come to a tentative agreement relative to the disposition of the right-of-way dispute concerning the • right-of-way condemned by Condemnation Resolution No. 2481, across the property of Samuel Leeper, and a proposed contract has been drawn for execution by the various parties interested in said dispute, copy of which proposed contract is as follows: This stipulation and agreement entered into between the CITY OF SOUTH. BEND-, INDIANA, by its Board of .Public Forks, hereinafter referred to as the "City", the STATE HIGHWAY CO1124ISSTON OF INDIANA, hereinafter referred to as the "Commission", and SAMUEL LEEPER. WITNESSETH: That, AREAS, the City of South Bend, by its said Board condemned certain land for the extension of Michigan Street north, from North Shore Drive to the north city limits, by its Condemnation Resolution No. 2481, the same being Proj. NREIT, 2, Section A-1, as shown on the plans thereof on file in the office of the Commission; and, AREAS, the property of Samuel Leeper, to -wit: A part of the West half of the Northwest quarter of Section One (1), Twp. Thirty-seven (37) North, Range Two (2) East, which part is bounded by a line running as follows:. Beginning at a point 180 feet south of the corner formed by the intersection of the south line of Peashway Street with the Vest line of Leeper Avenue in the city of South Bend, which beginning point is at the southeast corner of a lot conveyed to Olen A. Clark; thence south along the west line of Leeper Avenue 207.8 feet to the Northeast corner of a lot conveyed to John J. and Eleanor D. McErlain, but in whose deed the beginning point is erroneously described as being 437 feet instead of 387.8 feet south of Peeshway Street; thence west on the north line of said YcErlain lot 167 feet more or less to the easterly line of the right of way of the Michigan Central Railroad Company; thence northwesterly along the a -:steely line of said. right of way to a point 180 feet due south of the south line of said Peashwa.y Street, and where the south line of land conveyed to Clark intersects said right of way; thence east on the south line of land conveyed to Clark to the place of beginning; together with and subject to an alley 14 feet wide north and south, the center line of which is the south i line of this.description, all in St. Joseph County, State of Indiana. Subject to all the rights, interests and easemenets conveyed by grantor to Arthur Kennedy by deed dated July 5, 1902, recorded in Deed Record 122 at page 379 of the records of said county. is affected by said proceedings, and an appeal has been taken by Leeper to the St. Joseph Circuit Court, from the award of damages given said Leeper by said Board, which appeal is Cause No. 48114 in said Court, and upon the trial of said cause damages in the amount of $13,650.00 were awarded to said Leeper, and a judg- ment was entered for said amount; and i AREAS, the City of South Bend has only 05,000.00 available for the payment of said award, and judgment, exclusive of court costs; and., ?AREAS, the Commission is desirous of purchasing the residue of said Leeper property for highway purposes, and such purposes of said Commission as they may determine, and has agreed with Leeper for the purchase of said property for a total cost of $15,000.00,. in addition to the sum of $5,000.00 to be paid on said award of damages by the City of South Bend; and, WHEREAS, the Home Owners' Loan Corporation has a mortgage on said premises in the amount of 8,400.00, with accrued interest at the rate of 5% from December 22, 1933, and said avrard and judgment of the Circuit Court provides that said mortgage shall be satisfied out of said judgment, and the balance paid to Leeper; and, AREAS, said City of South Bend has filed in said cause in the St. Joseph Circuit Court a motion to discontinue the condemnation proceedings in- sofar as they affect the Leeper property, and also, a motion to vacate and set aside said judgment and award: NOW THEREFORE, it is stipulated by and between the parties hereto that: 1. The City of South Bend will withdraw its motion to dismiss the • ,condemnation proceedings and also the motion to vacate and set aside the award and judgment in Cause No. 48.114, in St. Joseph Circuit Court. 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.