09-12-77 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 12, 1977 REGULAR MEETING RECONVENED (CONTINUED) It is understood and agreed that this amendment is in all respects subject to the approval of the Common Council of the City of South Bend by duly adopted resolution. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to agreement the day and year first above written. ATTEST: Maxine 0. Fitterling, Secretary ATTEST: Maxine 0. Fitterling, Secretary ATTEST: Irene Gammon, City Clerk Approved as to form and legality Thomas J. Brunner, Jr., City Attorney ATTEST: Jeanne Wilcox, Clerk CLAY UTILITIES, INC. Homer W. Fitterling, President CLAY DEVELOPMENT, CORP. Homer W. Fitterling, President CITY OF SOUTH BEND, INDIANA BY: Peter J. Nemeth, Its Mayor WATER AND SEWAGE BOARDS By Thomas J. Brunner, Jr. Peter H. Mullen Patrick M. McMahon Approved by Common Council of the CIty of South Bend the d of 1977. Roge O. arent Presi en Common Council ATTEST: Irene Gammon, City Clerk EXHIBIT 1 A tract or parcel of land in Section 23 and the South 2 of Section 14, both sections being in Township 38 North, Range 2 East, described as follows: Beginning at the Northwest corner of the Southeast Quarter of said Section 14; thence, running east a distance of 1716 feet, thence, running south 964.60 feet to land previously deeded to Sharah Mark; thence, running West 1926 feet to a point 10 feet West of the North -South center line of said -- thence, to a point 20 feet West of the North -South cneterline of Section 14, which point is also in the South line of said Section 14; r Section 14; thence, due South along a line 10 feet West of and parallel to the North -South centerline of of said Section 14, to a point in the South line of said Section 14; thence, to a point in the North line of Section 23, which point is 10 feet West of the North - South centerline of said Section 23; thence, due South along a line 10 feet West of and parallel to the North -South centerline of sai Section 23, to a point of intersection with the South right -of -way of Darden Road; thence, due West along the South right -of -way line of Darden Road a distance of 10 feet to a point 20 feet West of the North -South center line of said Section 23; thence, due North along a line 20 feet West of and parallel to the North -South centerline of said Section 23 to a point of intersection with the North line of said Section 23; -- thence, to a point 20 feet West of the North -South cneterline of Section 14, which point is also in the South line of said Section 14; r