The URL can be used to link to this page

Home My WebLink About12/14/1936 Board of Public Works MinutesMEETING December 14, 1936 259 Regular meeting of the Board of Public Works was held on Monday, December 14, 19361 at 11:30 A. M., and after lunch was re -convened at 1:30 P. M. All members were present. Minutes of the previous meeting were read and approved. Claims in the amount of 8,166.21, from the following suppliers, were approved and ordered paid. Indiana & Michigan Electric Co. $7,485.58 Willette Service Station $9.65 C. A. Jordan Company 97.44 Willette Service Station. 7.86 Walter J. Braunsdorf & Son 5.50 Willette Service Station 19.96 Walter J. Braunsdorf & Son 16.59 Edwards Iron Works Inc. 1.53 Underwood Elliott Fisher Co. 2.30 South Bend Wholesale Drug Co. 7.00 Arteraft Printers 13.75 G. E. Meyer & Son,- Inc. 5.53 Business Systems, Inc. 2.65 G. E. Meyer & Son, Inc. 22.4.4 Business Systems, Inc. 49.27 Socony-Vacuum Oil Co. 72.45 Morningsiue Pharmacy 2.00 Ellsworth's 9.00 CoOperative Auto Parts Corp. 1.50 William F. Koch 92.00 CoOperative Auto Parts Corp. 1.00 The Office Engineers, Inc. 42.00 Richey Radiator Service 5.00 The Office Engineers, Inc. 2.28 Burroughs Adding Machine Co. 8.90 City Water Works 3.47 The Ridge Co. 30.26 South Bend Electric Co. 3.66 John B. Haberle 7.48 Mirror Press, Inc. 20.00 Arthur L. Miller & Son 72.50 Mirror Press, Inca 7.50 Willette Service Station 28.16 R. R. Smith 10.00 The Board entered into an agreement with the Studebaker Corporation for the acquisition of certain property under conditions stated in contract for the transfer of certain property now occupied by Hose House #2 on Sample Street to the Corporation in exchange for which the Corporation transfers to the City of South Bend certain property on South Lafayette Street at Sample Street to be used by the City for the construction of Hose House. This agreement reads as follows: • MEMORANDUM OF AGREEMENT Entered into this loth day of December, 1936, by and between the City of South Bend, a municipal corporation of the State of Indiana, by and through its Board of Public Works, (hereinafter referred to as CITY), party of thefirstpart, and The Studebaker Corporation, a corporation organized under the laws of the State of Delaware and having a principal place of business in the City of South Bend, State of Indiana, (hereinafter referred to as COMPANY), party of the second part. WITNESSETH THAT: WHEREAS', City is the owner of the easterly ten feet (101) of Lot No. 245 and the westerly twenty-one feet (211) of Lot No. 244 in Daniel Garst's First Addition . to South Bend City under and by virtue of the terms of certain deeds executed on the 8th day of July, 1893, recorded in Deed Record 93 on page 248, and February 6,-1894, recorded in Deed Record 94 on page 397 in the Recorder's Office in St. Joseph County Indiana, by Studebaker Brothers Manufacturing Company, by the terms of which said property was conveyed to the said City upon certain restrictions and conditions as set forth in said deeds; and 0 • WHEREAS, City desires to exchange said above described property for a piece of property owned by Company and described as Lot No. 178 and a parcel of land fifteen feet (15') in width taken off of and from the entire length of the north side of Lot No. 179, all as shown on the recorded plat of Daniel Garst's First Addition to South Bend City, now a part of the City of South Bend; and WHEREAS, Company is the successor in interest of the said Studebaker Brothers Manufacturing Company and is willing to make an exchange of the said property above described upon the following terms and conditions. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. City agrees to convey to Company the said above described easterly ten feet (10') of Lot No. 245, and the westerly twenty-one feet (21') of Lot No. 244 in Dani&' Garst's First Addition to South Bend City by warranty deed, free of all liens and encumbrances, including taxes. 2. In consideration of the above transfer, Company agrees to deed to City Lot No. 178 and a parcel of land fifteen feet (151) in width taken off of and from the entire length of the north side of Lot No. 179, all as shown on the recorded plat of Daniel Garst's First Addition to South Bend City, now a part of the City of South Bend, by warranty deed, free of all liens and encumbrances, including taxes, but upon the following terms and conditions: (a) That said property is to be used for the sole use of said City, and for the sole purpose of, and upon condition that it at once proceed to establish, equip and at all times maintain in active service, a Hose House for its Fire Department, for the purpose as aforementioned, and in case of abandonment on the part of said City of said premises, diversion of use and purpose as aforesaid, or failure to keep said Hose House and maintain equipment therein in active service as aforesaid, then the title and estate herein granted and conveyed, and the use, occupancy and possession of said premises with the improvements thereon shall immediately determine and cease as to said City and -shall revert to and belong to said Company. (b) That if said Company shall at any time determine, and shall so notify said City in writing, that the needs of said Company demand the use by it of all or any part of said demised premises and Company shall furnish to said City a plot of ground of equal area located within three (3) city blocks of said demised premises, then said City will, within six (6) months after notice, remove its equipment from the building located upon the said above described premises and 'install the same in a building to be erected by it, at its own cost, upon the premises so furnished by Company, and in such event the above described premises with the buildings and appurtenances at that time thereon shall revert to and belong to said Company, and City agrees to reconvey the same to Company by proper warranty deed. It is mutually agreed as follows: (1) That Company shall be free of all expense involved in the performance of this, agreement and in the 'transfer of said property, it being understood that City accepts the above described premises in their present condition and assumes all cost and expense necessary for reconstructing the premises for its use; (2) that the building and appurtenances now located upon said easterly ten feet (lot) of Lot No. 245 and the westerly twenty-one feet (2111) of Lot No. 244 of Daniel Garst's First Addition to South Bend City, shall be surrendered to Company in its present condition, except that City shall be entitled to remove any and all of its equipment; (3) that City agrees to be responsible for and agrees to reimburse Company for United States stamp tax required to be affixed to either or both of said deeds; (4) that the terms and conditions of this agreement shall not be binding upon either party until the same shall have been authorized by appropriate action of the City Council of said City, approved by the Mayor, and attested by the City Clerk; (5) that upon approval of this contract, as above set forth, the parties hereto agree to make the above described transfers and deliver possession of the properties within thirty (30) days from the date of such approval; (6) that this contract and all the terms and conditions thereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the City of South Bend, Indiana, has hereunto caused this instrument to be signed by its Board of Public Works, attested by its Clerk, and its common seal to be affixed; and The Studebaker.Corporation has caused this instrument to be signed in its name by its Chairman of the Board , attested by its Secretary, and its corporate seal to be attached on the day and year first above written. ATTEST: George 0. Thurn Clerk ATTEST: A. G. Rump Secretary CITY OF SOUTH BEND, INDI.ANA BY ITS BOA-RD OF PUBLIC WORKS Frederick J. Anderson Edwin W. Hunter Fred Woodward THE STUDEBAKER CORPORATION By H. S. Vance Chairman of the Board WHEREAS, the above contract was submitted for approval to the City Council of South Bend, Indiana; and WHEREAS, a resolution was submitted, seconded and duly passed, wherein the execution of said contract was approved at a regular meeting of the said Council on the 14th day of December 1936; and 0 0 • • 261 WHEREAS, the Honorable George W. Freyermuth, Mayor of said City of South Bend, approved said resolution on the 14th day .of -December 1936; NOW, THEREFORE, this contract is duly accepted and -executed in behalf of the City of South Bend this 14th day of December 1936. ATTEST: THE CITY OF SOUTH BEND, INDIANA Mary B. L. Taylor By George W. Fre ermuth City Clerk Mayor Continuation certificates covering excavation bonds in favor of Samuel Slutsky and Arthur V. Meyer were approved by the Board. This being the date set for hearing on Vacation Resolution 486, being resolution to vacate alley north of Lincoln Way West from Chicago Street to Sheridan Avenge, it was decided to postpone definite action on this resolution until March`15, 1937.' A claim was presented by F. L. Mendez &, Company covering repairs to au,t`omobile owned by Mathew Manusak. This claim was disallowed, due to the fact that no-.' � authority had been given by the Board for same. Mr. Manusak and F. L. Mendez 8c / Company were so notified. / The Board authorized renewal of Notary Public license in favor of Beth Hooper / and the issuance of a bond to cover same. The meeting adjourned at 2:00,P. M. • ATTEST: Clerk 0