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<br />Tuesday, July loth. , 1928.
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<br />"H+' EAS, said resolution was mod-fi ed and confirmed by said Board of Public
<br />ii lorks on the 9th. , day of January 1925, and designed as Yodifisd Resolution No.4 .for
<br />!!Grade Separation, and was ratified and approved by the Common ouncil of said City„ on
<br />! the 26th. , day of January 1925; and -
<br />{'.rI?ij, EIS, on January 9th. , 1925, a written contract was made and entered
<br />into between said New York Central and said City concerning such grade separation; and,
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<br />•;'IiTRIT S at the s-pecial instance and request of said City, negotiations
<br />,I have since been entered into between said Grand Trunk and said New York Central for the
<br />,� erection of a joint passenger station, and -the use in common by both of said railroad
<br />corporations, of the right-of-way of said New York Central, from a point near High
<br />Street to a point near the present intersection of the lines of said railroad corpor-
<br />4 ations in said City, which Negotiations, if carried intoeffect, would involve further
<br />;'alteration of the proposed route of the said Grand Trunk, from Mishawam Avenue to High
<br />Street, and the abandonment of all that- part of its proposed altered route `between High
<br />it Street and ' the intersection of the rights of wat of said railroad corporations; and
<br />°IHET EAS, the perfection of such an arrangement would be of great benefit
<br />to the City in that it would-
<br />_ (I) Relieve it from the -a a„rment of part of the cost of many subways in the
<br />right of way of said brand Trunk, which would thereby► be eliminated;
<br />(2) Obviate the necessity of opening of new streets and closing many exist
<br />ing streets and alleys, and relieve it of liability for property damages incident theretq;
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<br />(3) Avoid damage to o many -oroperti es of individuals along and adjacent to
<br />said proposed altered route of said Grand Trunk, and those between the rights of way of
<br />said two railroad corporations for which no compensation could be awarded;
<br />(4) Secure to the general public the benefit of track elevation of both
<br />said railroads, by means of one elevated structure instead of two through the most
<br />highly developed section of said City; and
<br />(5) Secure to the general public the benefit and convenience of a joint
<br />passenger station for the accomodation of matrons both of said railroad corporations
<br />in said City; and,
<br />7.7' nEAS, said Grand Trunk and said New York Central are in accord eoncernin
<br />the terms of a proposed agreement covering the joint use of the tracks of said New York
<br />Central between the points aforesaid, and the erection and maintenance of a joint
<br />passenger station, which agreement, if carried into of Sect and followed by the abandon -
<br />went by the said brand Trunk of its route on Division treet, will result in breaking th
<br />" continuity pf its main line:
<br />NOW Tu7 'FORE, in order to induce the said Grand Trunk to enter into such !
<br />an agreement with said New York Central, and to surrender and abandon the priiailege and
<br />franchise to construct and maintain its tracks and operate its trains over the streets
<br />and alleys lying be weep Mishawaka Avenue and the western terminus of its said altered
<br />route, on its own independent right of may, as provided in said agreement of February
<br />Ist .2 I9249 it is agreed between the -parties hereto as follows:
<br />SECTION I. The contract between said Grand Trunk and the City, dated it
<br />February I8th. , 1924, known ss Ordinance No.2397n of the ordinances of said aity,is, f.
<br />hereby modified in the following respects, and not otherwise:it
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<br />• (I) Said Grand Trunk shall secure a new right of way deviating from the !
<br />one described in said agreement, at Mishawaka Avenue, and extending from thence in a
<br />southwesterly direction so as to connect with & merge into the right of way, of the said
<br />New York Central at or immediately east of High Street, all aqDproximatel.y as shown on !
<br />the map hereto attached, matte a part hereof and marked Exhibit "A".
<br />(2) The City will secure for the said Grand Trunk the right to cross, as
<br />shown by the general plan, Exxhibit "A", the property of the City on the line of said!
<br />: altered route, on both sides of the St. Joseph River, and the park lying between: said it
<br />river and High Street, free of cost to the said Grand Trunk.
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<br />(3) The plans, profiles and schedules of _dimensions, clearances, etc.,
<br />attached hereto amd marked Exhibit "B" and "C", apply to the route of the said Grand
<br />Trunk as changed by this agreement. These are general only and will be -governed by
<br />the provisions concerning Exhibits "B" and "C" in paragraph twenty one (2I) of the org
<br />inal agreement dated February I8th. , I924.
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<br />(4) All of the provisions of said agreement reliting to the original
<br />route therein described shall govern the changed route, and be binding upon tkxx and -;
<br />inure to the benefit of the said Grand Trunk and the said City respecting the same,
<br />in so far as they may be applicable and consistent with this agreement.
<br />(5) Grade shall be siDparated and subways constructed as the following !i
<br />street intersections on the route as altered by this agreement, viz: Harriett
<br />Street, Mishawak4 Avenue, North Shore Boulevard, and Une.oln `fay East. The City !
<br />agrees to vacate all other streets and alleys within. the limits of the right df way of i
<br />said Grand Trunk along said route, as altered, and to save harmless and indemnify the s !I
<br />said Grand Trunk from payment of any and all claims and awards of damages arising out of
<br />any such vacation! A subway shall also be constructed at the intersection of Sunnyside
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