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<br />Tuesday, July IOth I928.
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<br />and the inhabitants thereof;
<br />NOW, THER'FORE, RE IT RESOLD that a cunt act in the following form ^
<br />between the Grand Trunk Vestern railway Company, the New York Central railroad Company, an
<br />+, and the City of South Bend, be and is hereby approved: l
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<br />A"RM TT BETWEEN CITY OF SOUTH BFM, GRAND TRUNK ?BEST+TRN
<br />RAILWAY C017PA�3Y AND THE ?Et YORK C^ TRAL RAILROAD CO ?ANY,
<br />FOR. FURTHER ALTERATION OF ROUTE OF GRAND TRUNK WESTERN _
<br />RAILWAY COTTPANY FOR JOINT OF Nam' YORK 0E?`TT'ZAL TRACKS. I
<br />-USE
<br />j THIS AGREE17NT, made and entered into this ISth., day of Yay, I928,l
<br />by and between the GRAND TRUNK S 7,MjRN RAILIVIAY COMPANY, a railroad corporation, herein-.
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<br />after stoetimes referred to as the "Grand Trunk, THE NE':�� YORK CENTRAT, RAMROAD COT"PANY,
<br />a railroad corporation, hereinafter sometimes referred to as the "New York Central, axed:!
<br />the CITY OF SOUTH BMTD, a municipal corporation of the State of Indiana, by and through
<br />its Board of Public Vorks, 'hereinafter sometimes referred to as the "CITY",
<br />77ITNESSETH: TUAT,
<br />7,M7REAS, since the year I891 the single main track of the Grand
<br />Trunk has occupiedand still occupies longitudinally a considerable portion of Division
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<br />Street in said City, under a franchise granted to its predecessor, the Peninsula Railway
<br />Company; and,
<br />14TH7M S, during the period of such occupation the limits of said.
<br />City have been greatly extended, its population maxky times increased, and its business
<br />district expanded so that the portion of Division street sooecupied by said track is
<br />now partially within said business district, and ptractically in the geographical center' of
<br />of said ity; and,
<br />�THEREAS, by reason of the growth and developement of said City a s
<br />separation of the grades of certain streets and of several railroads running through
<br />said City has beenme an imperative necessity, and the City'tas been seeking to formulate
<br />a general plan for such grade spearation which would include the re;�oval of the track
<br />of said Grand Trunk Railwav Company from that portion of Division Street west of the
<br />east line of Fichigan Street, and its relocation along and in close promimity to the
<br />right-of-way of the New York Central so that the tracks of both railroad corporations
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<br />could be elevated concurrently, and a passenger station erected which could accomodate
<br />botbi:zrailroad corporations; and
<br />a'�HERE�S, by an Act of the General Assembly of the State of Indiana
<br />for the year I92I (being Chapter 9 of the Acts for the said year I92I) , as amended by
<br />Chapter I78 of the Acts of the said Assembly for the year I923, it was made lawful for
<br />the city of South Bend to enter into a contract with the said Grand Trunk for the aban-
<br />donment of its said right of way along Division Street west of the east line of ffiehigan;
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<br />Street, the removal. of its tracks therefrom, and the relocation of the same upon_ a
<br />private right of way and t-o comp_ ensate said Grand Trunk for the abandonment of said
<br />right-of-way; and,
<br />T. REJAS, on the I8th. day of r,ebruary I924, under authority of
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<br />the bets of the Legislature, aforesaid, a contract was entered into in ,;Viiting by and
<br />between the said Grand "Trunk and said City, whereby said City did. give and grant unto
<br />said Grand Trunk, among other things, the privilege and franchise to secure a new right
<br />of way through said City, "from a point near the intersection of its present right of
<br />way with Greenla= Avenue (formerly Eighteenth Street,) to a point near the intersection
<br />of its said right of way with that of the New York Central near Arnold Street;, a#d to
<br />construction, maintain and operate a line of double track elevated railroad on said
<br />altered route, and x over all intersecting streets and alleys; to vacate . certain
<br />streets and alleys along said route, to open certain new streets, and did agree to pay
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<br />to said Grand Trunk certain sums of money at times therein specifi ed.- and,
<br />MIT �JRjJ.AS, in consideration of the premises the said Grand Trunk did
<br />agree, among other th_ngs, to aequive the right of way between the points aforesaid,
<br />to construct a line of double trac'c elevated railroad thereon, and, upon the completion
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<br />of said elevated.l,ine and the opening thereof to traffic, to remove its rails, ties,
<br />and -planking from that -portion of Division Street west of the east line of Illichigan Street,
<br />and to relinquish its right to longer occupy the same; and,
<br />ra'H zEAS, in pursuance of an Act of the General Assembly of the State
<br />of Indiana, approved March I, 1923, Tyroviding for the changing and separation of the
<br />grades of streets at the intersection of said streets vTith railroads, the Board of it
<br />Public Works of said City adopted on January 29th. , I924, a resoluti on, to change and sep
<br />arate the grade crossings of the railroad of the New York Central, and - f certain streets;
<br />intersect _ng said railroad in said City, (including the portion of said railroad extend-
<br />ing frog a point neat High Street to a point near the present intersection of the lines
<br />of said New York Central and sai d Grand Trunk in said City), said resolution being
<br />termed Resolution No.4 for Grade Separation; and
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