02/02/1948 Board of Public Works Minutes

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351 • A G1RE E M E N T THIS AGREEMENT made and entered into this day of 11948, by and between The Studebaker Corporation, hereinafter designated party of the first part} and the Board of Public Works of the City of South Bend, Indiana, hereinafter designated party of the second part, WITNESSETH: WHEREAS, party of the first part desires to construct, maintain and use two industrial or spur railroad tracks over, upon and across Chippewa Avenue in the City of South Bend, County of St. Joseph, State of Indiana, and WHEREAS, the party of the second part desires to grant the said first pary such right. FOLLOWS: NOW, THEREFORE, for GOOD AND VALUABLE CONSIDERATION THE PARTIES AGREE AS 1. Second party does herewith grant unto first party the right to construct, • jimaintain and use two industrial or spur railroad tracks across Chippewa Avenue in the IjCity of South Bend, Indiana, which said crossing area is more accurately described as j! follows : II Beginning at a point forty (40.00) feet due South and forty and nine -hundredth (40.09) feet due West of the intersection of the North line of Section 26, Township 37, North Range 2 East, and the east line of the Northwest 1/4 of 'the Hortheast 1/4 of Sec- ition 36, Township 37 North, Range 2 East, thence West along the South line of Chippewa lAvenue a distance of fifty-eight and fourteen hundredths (58.14) feet, thence Northeast iat an angle of twenty-nine degrees and forty minutes (290 40') a distance of ninety-two ,land seven hundredths (92.07) feet, thence East a distance of fifty-eight and"fourteen hundredths (58.14) feet along the North line of Chippewa Avenue, which line is forty • I! (40.00) feet North of the South line of Section 23, Township 37 North, Range 2 :East, Thence Southwest at an angle of twenty-nine degrees and forty minutes (29 40 minutes) a distance of ninety-two and seven hundredths feet (92.07) to the point of beginning, as indicated on the blue print attached hereto and made a part hereof. Area involved 4,603.50 sq.ft., or .1056 acres. 2. In consideration of said grant,first party agrees to carefully and jiproperly lay and maintain the said tracks across said Chippewa Avenue to conform to the established street grade and level, and in the construction of xaid spurs party of the !first party shall comply with such specifications as may be provided by the City Engin- eer of South Bend, Indiana. In the event the City of South Bend shall hereafter change ! the grade of said Chippewa Avenue, party of the first part shall make said industrial or spur railroad tracks conform to such grade at'its own expense. �i 3. Party of the first part further agrees that in finishing said spurs acros! Chippewa Avenue hard surface materials shall be used and said surface shall at all times be maintained in a good condition. y In the event said industrial or spur railroad tracks shall' not be used by party of the first part for any twelve (12) month period, the party of the second part 1shall have the right to order said tracks removed and said Chippewa Avenue restored to its 'former grade. Upon failure of said first party to remove said tracks upon being ordered to do so, second party shall have the right to remove same and to recover the costs of such removal from first party. j! 5, A blue print of the area to be affected by said tracks is' herewith J� attached, made a part hereof and marked Exhibit ""A". i �j This contract shall not be effective until ratified and approved by an ordin- ! ance of the Common Council of the City of South Bend, Indiana. WITNESS the hands and seals of the parties hereto this day of THE STUDEBAKER CORPORATION • BY: i BOARD OF PUBLIC WORKS OF THE CITY OF ATTEST: CITY OF SOUTH BEND, INDIANA �i Clerk of 'the Board Y_ 0