Minutes 02/21/1961 - Laserfiche WebLink

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:74 T UES DAY FEBRUARY 21, 1961 do everything within our power to prevent the grantinG of this easement across the Countr'J Club IJropert,r. Numerous reasons have been advanced in support of this decision, but for the purpose of this discussion today we feel it would suffice to say that the fact that we ,rill be tying up our properw in such a manner that we would never be able to ma..~e alterations in the grading of our golf course is reason enough for this decision. As you gentlemen realize, once this easerrent is granted and the line laid we are tied up forever, and that, gentlemen, is a long time! We understand, however, that the feeling of the Council is that the sewer line must come across the Countrf Club property and that it will be impossible that we prevent the granting of the easement. If this be so, and only if it be so, then we propose that this whole matter be settled by arbi tra tion along the fo llowing lines: 1.. That the Forest Park Country club employ, at its C1W1l expense, an o'.lt-of-tmm appraiser of its own choice who must be a member of the American Institute of Real Estate Appraisers. 2. Tha t the City of Martinsvi lle employ, at its 01"ill expense, an out-of-tmTI1 appraiser of its ovm choice who must be a member of the American Institute of Real Estate Appraisers. 3. That these two appraisers be empiJWered to rewrite the easement in a form agreeable to the two of them and that they arrive at a fiGure for damagos to be paid to the Forest Park Country Club based on the easement agreenent as finalized by them. 4. In the event that the two appraisers se1ccted are unable to agree, both as to the final form of the easement and to the amount of damages to be paid to the Country Club for its loss of properi{)r rights, that these two appraisers be empowered to employ a third appraiser to act as an umpire, who must be an out-of-tcwn appraiser and who must be a member of the American Institute of Real EState Appraisers, the expense of which will be split even~y between the City of Martinsville and the Forest Park Country Club, and .whose decision TIiil be final, both as to the writing of the terms of the easement and the determination of da."'1lages to be paid to the Country Club. 5. We do not feel that we should enter into this agreeDent unless it is strictly understood to be a bilateral agreement, with both the City of Martinsville and the Forest Park Country Club to be bound by the decision as determi..Y1ed above. 6. The Board of Directors of the Forest Park CountI"Jr Club stands react- to proceed with all due diligence along the terms out- lined above :im:nediately upon the Cit-.f notifying us of their agree~errt thereto.