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7ednesday February 29th., I928`.
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<br />described in said indenture belonging to the Chicago South. Shore and South -fiend Rail.
<br />r-dad., for the purpose of constructing the Northwest Trunk sewer, to -wit, by the method
<br />of tunneling, is on accom-id of ground conditions, which since that date have come to
<br />his obs:ertaation and attention, and were un_�:nown to him or tb.._this Board on -1pril
<br />25th. , I927, is impracticable, not in -accordance with good engineering practice, and
<br />practically impossible of performance; and, further, that in his opinion the tunneling
<br />method described therein is not consistent faith the contract heretofore entered into
<br />by the City of South Bend with the J. J. Dunnegan Construction Company for the construe
<br />ion of the Northwest Trunk' Sewer across said rail -road property, which contract was
<br />entered into on Larch 23rd., 19274
<br />Mr. Kuss now offers the following resolution and moves its adoption.
<br />"-Thereas, this Board hasl heard the report of the City -'Ihgineer with refer
<br />ence to the impracticability of constructing the Northwest Trunk hewer across the prope
<br />of the Chicago, South Shore and. South Bend Railroad by the method of tunnelinggdescribe
<br />in the indenture of said railroad, bearing date of April 25th. , 1927. Novi, therefore,
<br />be it resolved that this Board confirms and, approves said report and finds that the fac
<br />therein contained are true, and that the rights granted to the City by said indenture a
<br />valueless to the City.
<br />Bend
<br />Be it further resolved that the City of South elects not to exercise the
<br />right of crossing the property of the said railroad granted by said indenture of April
<br />25th. , 19271, under the conditions therein set forth, and that, therefore, said indenter
<br />and the rights :therein granted are now surrendered to said railroad and the Clerk of
<br />this Board is now ordered to return to said railroad the said indenture."
<br />The above resolution was duly seconded and upon being put to vote was
<br />carried unanimously.
<br />SUPPtIWENTARY PROCEEDINGS TO COND3,UTATION RESOLUTION
<br />NO.I769 of JAi?UARY 4th. , I927.
<br />Trir. Kass presented the following resolution and moved it's adoption: 1j,
<br />"I.Ihereas, it -has come to the attention of this Board that the proceedings
<br />on the Condemnation Resolution Tdo.I769 of January 4th., I927, are defective in the
<br />following particulars, to -wit: That the assessment roll under said resolution, here -to -
<br />fore ordered to be prepared at a meeting of this Board on June 2Ist., 1927, does not
<br />comply with the statute in that the roll of "all owners 6r holders of property and of
<br />interests therein sought to be taken or injuriously affected' does not correctly descri e
<br />by name the 'names of all said owners and holders of property so sought to be taken or
<br />injuriously affected', and in that said assessment roll does not 'set forth vdith
<br />reasonable certainty, a description of each piece of property belonging to such persons,
<br />and to be taken or to be affected either beneficially or injuriously', and
<br />Whereas, it is now necessary that supplementary proceedings be had for th":
<br />purpose of curing the said defects of said assessment roll.
<br />Nowt therefore, be it resolved that this Board now orders that a list or
<br />roll be. prepared of all oimers 'or holders of property and of interests therein sought
<br />to be taken or to be injuriously affected by, under, and in pursuance to said Condemna-
<br />tion Resolution No.I769 correctly describing with reasonable certainty each piece of
<br />property belonging to such persons, and ,correctly naming the owners of all the property
<br />so sought to be taken. Said resolution upon being put to vote was carried: unanimously.
<br />Comes now the City Engineer and reports that in pursuance to the above
<br />order -,of -this Board, he has caused to be prepared and completed an -assessment roll under
<br />Condemnation Resolution Y.,n.1769, and he nog:_. files the same with this Board.
<br />It was thereupon, upon motion duly made and seconded and unanimously adopi
<br />ed, resolved that said list, together with the amounts of benefits and damages and net
<br />benefits and net damages therein set forth as .to the several parcels of land, be adopter
<br />and that the respective amount of benefits contained in said list be and are hereby
<br />i assessed against the several taactd of land as speeifieially set forth in said Ist and
<br />that the respective amounts of damages contained in the said list be and are hereby
<br />awarded to the several tracts of land as specifically set forth in said list, and that
<br />net benefits or net damages, as the case may be as to the respective tracts of land,
<br />contained in said list, are hereby awarded or assessed, as the case may be, to the said
<br />several tracts of land.
<br />The Board, hereby, further sees off the benefits and damages, each against
<br />the other, where both benefits and damages are assessed. against the same piece of
<br />property, tract of land or interests, d _-eriaby fixes the said respective net
<br />benefits, as the amount that shall be paift by the respective owners as benefits, and
<br />further• hereby, P g fixes the respective net damages as to the several tracts as the amour
<br />that shall be paid to the ownery of the respective tracts as damages. Bend
<br />r,ER gS� sb,aements have heretofore been granted to the City of South
<br />the Motor Industries, Inc., with respect to their respective tracts and by the
<br />trustees under the last will and testament of Clement Studebaker, deceased, with
<br />!' respect to their respective tracts, which easements the City of South Bend is able to
<br />use as herein stated.
<br />Now, therefore, be it resolved that the easements across the tracts of
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