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<br />Beginning at the center of Section Number Five (5),
<br />Township Number Thirty -Seven (37) North, Range Three,
<br />(3) East, thence East along the East and West Center line
<br />of said Section Five (5), a distance of Two Hundred
<br />Fourteen and Fifty Hundredths (214.501) feet; thence South
<br />Forty (401) feet; thence West parallel with and Forty
<br />(40t ) feet South of the East and -West center line of said
<br />Section Five (5) a distance of Four Hundred (4001) feet;
<br />thence North Forty (401) feet; thence East one Hundred
<br />Eight -five and Fifty Hundredths (185.50t ) feet to the
<br />place of beginning,
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<br />together with the right of ingress and egress to and over said above described
<br />premises at any and all times for the purpose of doing anything which may be required
<br />for the full enjoyment of the rights herein granted.
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<br />WOODLAND, INC.
<br />Signed:By: Thomas F. Shortall, President.
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<br />ATTEST: J. D. Barnette, Secretary.
<br />Dated: September 19th, 1951 and recorded in the office of the County Recorder in
<br />Book 490, Page 475 - 14919.
<br />IVIr. Harry Kubiak, 430 E. Corby Boulevard, appeared before the Board and made
<br />complaint concerning dust, noise and odor from the city -owned and operated mixing
<br />plant. Mr. Kubiak stated that fine powder produced in this operation is carried
<br />throughout the immediate neighborhood in whatever direction the wind happens to be
<br />blowing. Also the asphaltic odor is disagreeable to many persons. The Board informed
<br />Mr, Kubiak, the matter would be investigated and taken up with the Street Commissioner
<br />with a view to the possibility of housing this plant in a manner that would -greatly
<br />alleviate the disagreeable features of its operation, or work out some other solution
<br />of the problem.
<br />An Agreement, submitted by the New York Central Railroad Company, granting the
<br />City right to maintain a public street upon certain premises of the Railroad, was
<br />considered by the Board, approved and entered into, as follows:
<br />AGREENTENT made this 6th day of October, 1952 between the Board of Public Works
<br />and Safety of the Civil city of the City of South Bend, Indiana, hereinafter called the
<br />"Ctiy", and The New York Central Railraod Company, hereinafter called the 11railroad";
<br />The Railroad, for good consideration, the receipt of which is hereby acknowledged,
<br />and in further consideration of the undertaking of the City hereinafter contained by
<br />these presents, grants unto the City upon the conditions and purposes hereinafter set
<br />forth, the right to maintain a public street upon, over and across the premises of the
<br />Railroad located in the City of South Bend, County of St. Joseph, State of Indiana,
<br />described as follows:
<br />A strip of land Sixty-six (66) feet in width in the
<br />Northwest Quarter (NW,) of the Northeast Quarter
<br />(NE-1) of Section Fifteen (15), Township Thirty-seven
<br />(37) North, Range Two (2) Fast of the Second Principal
<br />Meridian (2nd P.M.) , in the County of St. Joseph, in the
<br />State of Indiana, said strip being part of the second
<br />parcel of land containing Nine Hundred Sixty-seven
<br />Thousandths (0.967) acres, more or less, conveyed by
<br />James Oliver 2nd et al to the New York Central Railroad
<br />Company by Warranty Deed dated July 20, 1922, and re-
<br />corded in the Recorder's Office of St. Joseph County,
<br />Indiana, on August 14,-1922, in Record 172, page 460,
<br />and said strip extending from the East line of Olive
<br />Street to the South line of Sample Street and being
<br />bounded on the Southeast by the Southeast line of
<br />the parcel conveyed as aforesaid and being bounded on
<br />the Northwest by a line parallel to and Sixty-six (66)
<br />feet distant, by rectangular measurement, Northwesterly
<br />from the said Southeasterly line of said parcel con-
<br />veyed as aforesaid: containing 0.383 acres, more or less.
<br />The foregoing grant is conditioned upon the undertaking of the City that the
<br />Railroad will be put to no expense now or in the future by reason of the construction
<br />and maintenance of improvements of every kind and character in or upon the premises
<br />herein described, excepting only improvements made by the City when compelled to do
<br />so by the Railroad pursuant to law. �! ,� 1640k 5-0 8 - (per, 130
<br />IN WITNESS WHEREOF we have hereunto set our hands and seals this 6th day of
<br />October, 1952.
<br />CIVIL CITY OF THE CITY OF SOUTH BEND, INDIANA
<br />BY; G. P. Ziegler
<br />�c ak
<br />ATTEST:Ma ne DuVont Hurw
<br />City
<br />Clerk Board of Public Works and Safety
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