HomeMy Public PortalAboutMinutes - 1/2/1911r
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RE S 0•LUT I ON.
V7FEREAS9 the Town of Wellsburg was sued in the District Court $
Grwu7v County by L.17u1P, claiming the sum of $1000.00 damages in-
cident to the maintainance of a dump ground by said Town in such
close proximity to his residence, as tq have ca.ised him sickness
which required him to nay out large 511ms of money 'besides depriv-
ing him of the reaceable use and possession of his premises, and ale
asking that said dump grounds be declared a nuisance and ahated;
And whereas, said case came up for hoari"g in the District
Court of Grou-d County at t e December, 1910, Term; and whereas
in order t,) get an equitable adjustment of the matter, the repres-
entatives of the Town settled said suit in accordance with t'e tarrus
set out in t;e stipulation of settlement, hereto attached, marked
Exhibit "A" and by V is reference made a part hereof; and.vilereas
by the terms of said settlement the ,said Town of "rellsburg was to
deed to the said 'gulf the land used by them for a dump ground by
Special 7arranty Deed, ui,on delivery of which to said Wulf, the said
Will f was to pay the Town the shin of One Funded ($100.00) Dollars.
BE IT TUFREFORE RESOLVED, that the Town council of the Town
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of Wellshurg does hereby approve the action of the representativ?s
for said To,sn on the above matter; and that said Town conveys by
special warranty deed the following described premises being the
same premises described in Exhibit "A", to -wit:
Commencing,at t'�e southwest corner of the railroad 13nd lying
Just a little Sort' of the C. R. I.& P. r:aillvay track within the
corporate 1imi4ts of the Town of 7ellsburg, down, running thence
North alone; the West side of said railroad land 9.76 rods to t;;e
South line of the right of way of said Railroad Cotarany; thence in
a Northwesterly direction .alont the South line of said right of
way 24.8 rodsto the West line of the Northeast quarter of Section
numher 15, Township nlmber 811 North, Range 18 "Test of the 5th P.M.
Iowa; thence Routh along the s�Ad rest line of said Northeast
quarter 9.76 rods; thence in a Southeast?rly direction on the line
parallel to the South line of the right of way of said C.R.I. & P.
-2-
right of way to the place of beginning all in Section Number 15
of Towns'^ip No. 88 Norm, PangP 18 West of the 5th P. M. Iowa, con-
taining about 1.4 Acres more or less.
The Mayor and Town Clerk are hereby anthorizPd and empowered
to make, execute and deliver to the said L.T^ulf a special warranty
deed conveying to said "ulf the above premises upon the payment to
said Town of One Hundred (0100.00) Dollars by the said L.Wulf.
Adopted this 2nd day of ranuary, 1911.
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1•,1a y i%r.
Attest
m
R E S 0 L U T I 0 IT
authori2irig Mayor and Clerk to
execute deed to.L."%ulf
for
DIPIP GROUNT 0.
---------------- -------
IN "IM DISTRICT C0U`tT or' I07, A, IN AVD FCH GRUNDY COUNTY.
December 'Perm, 1910.
- L. 4'ulf
Ilaintiff l
t
vs. �
Incorporated Town of tiellsburg,
Iowa, Jefendaut l
�t
�J4C
STIPULATION.
The above entitle; case is settled on the following basis,
to -wit:_ The defennant agrees to convey within thirty (30) days from
this date to the plaintiff its dump ground referred to in the plaintiff's
petition, consisting of one and 4c/l(.V acres more or less, and being de-
scribed as follows, to -wit:- Commencing at the southwest corner of the
railroad land lying just iga:;ediately south of the C. R. I & F Railway
tracks within the corporate limits of .the town of vv'ellsburg, Iowa, run -
Ding thence north along the west side of said railroad land 9-76/100
rods to the south line of the right of way of said railroad company,
thence in a northwesterly direction along the south line of said right of
way 24.8 rods to the west line of the northeast quarter of section PVo.
15, 'township r,o. 88, north, itange 18th ;rest of the 5th P. ff. , Iowa,
thence south along said west line of said northeast quarter 9..76/1CU
rods, thence in a southeasterly direction on a line parallel to the south
line of the right of way of said u. R. I ec F right of way to the place
of beginning; said conveyance to be made by special warranty deed.
The plaintiff will, and hereby accepts the land aforesaid as
payment and satisfaction in full of all claims set forth in his petition
filed herein, and as satisfaction and payment of all claims and demands
of every kind and nature now existing in his favor and against the de-
fendant. And in addition to satisfying the plaintiff's said claims,
he hereby agrees, in consideration of the conveyance aforesaid, to pay to
the defen'ant, the Incorporated 'Town of ',ellsburg, Iowa, upon the axe-
cution and delivery of the special warranty deed above mentioned the
sum of k61UU.(;U in cash. And inconsideration of the conveyance afore. -
said, the plaintiff further agrees to save the defendant harmless from
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2f--the Plaintiff s family
as to any damages due any of plaintiff's said family arising out of the
maintenance by the defendant of its dump ground down to this date.
It is further agreed that plaintiff is to have immediate possession of
the land above described upon the execution and delivery of the deed
aforesaid.
The defendant will pay the court costs taxed in this suit,
not including plaintiff's attorney fees.
Dated this 13th day of December, 191U.