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Iffednesday, June 5th. , I929. <br />To The Hen. Board of Public Works <br />City of ''oath Bend, Indiana. !ay 28th. , I929 <br />In the contract dated 1,�ay 15th. , 1928, between Grand Trunk and ." estern. <br />Railroad Company, City of South Bend, and New York Central Railroad Company, for . <br />track removal and elevation, and modification of the agreement made between.. the <br />Grand Trunk lestern Railway Company and the City -of South Bend, dated February IBth <br />1924, provision was made for acquisition by sadd City of certain properties acquired <br />by the said Grand Trunk `'Western Railway Company for the right of way originally <br />described in said agreement of February I8th., I924, which would be required for <br />the widening of Sample Street and Fellows Street, and to ray to the Grand Trunk Rail <br />way Company an amount equal to the erica rG.id by it therefor, plus carrying charges. <br />This is to acknowledge that the undersigned has agreed with ,your committee,. viz: <br />Edward Pfeiffer, David C. Gibson and Philip " • Bondurant, on the amount to be paid <br />by the City to the undersigned for properties hereinafter described, in acccrdanee <br />with said agreement of Yay ISth., I928. <br />Twenty (W ) feet off of the west side, of Lot "A" i# Gallaghers addition <br />and an unplstted lot north of and adjoining the same ( Old S. _ . Lathe <br />Wor.-cs property)..........................................51881.91 <br />East part of Lot Nineteen (19) Gallaghers Addition, <br />875 S. Clinton Street................................0..69358.74 <br />FNest <br />pirt <br />of <br />Lot <br />Nineteen <br />(19) <br />Gallaghers Addition <br />39409.76 <br />East <br />half <br />(2) <br />of <br />Lot Nine <br />(9) <br />Gallaghers Addition ...... <br />2.784.61 <br />In calculating the carrying charges on these nr.operties, interest, taxes <br />and insurance were cozpputed to May Ist. , 1929. It has been agreed with ,your Committe <br />that in the condemnation proceedings now pending for the appropriation of these <br />properties, the above figures may be used, and that the City will later pay, in <br />addition, the interest and any dither carrying charges from May Ist.1 1929, to date <br />of pay4ient by the City to the undersigned, for said properties less rental if any. <br />lour committee has represented to us that the City desires to acquire a <br />triangular parcel off of the southwest corner of Lot "B" Gallaghers Addition, for . <br />the purpose of a public way in connection with the Rush Sample Street viaduct, the <br />part being required being bounded by a line funning as follows: <br />Commencing at the southwest corner of said Lot "B"; thence running east <br />twelve and thirty-eight (I2.38) feet; thence northwesterly in a straight <br />line to a .mint on the west line of said lot, e ght (8) feet north of the <br />place of beginning; thence south to the point of beginning. <br />The undersigned has agreed to convey that triangular rareel to the City <br />for street rurnoses, and in consideration thereof the City will secure to the under <br />signed, of its nominee, by amendment of said condemnation rroceedings if possible; <br />otherwise, by subsequent vacation, so much of the north ten (I0) feet of lot numbered <br />Nine (9) in Gallaghers' Addition as will not be taken, required and used for a public <br />way rounding the corner of Rush Street and Sample 'tree`. <br />Yours approval of this memorandum ivill stand as a contract between the <br />City of South Bend and the undersigned. <br />Grand 'Trunk Western R. B. Co. <br />By W. s. Grabill. Attorney . in fact.?? <br />The above agreement covers resolutions T.o.2I97 and 2I98, as shown on said <br />assessment roll. k <br />Contract. <br />This indenture z ade in the Cit_-r of South -3end, County of St. Joseph and <br />State of Indiana, 'Vittnesseth: That: <br />=jhereas, J. Albert Harris and Jacob A. Holem are the oviners of the follow <br />ing land in the City of South Bend, St. Joseph County, State of Indiana, to -wit: <br />Lot One (I) in `yenger and -'Lreif7hbaum1s First Addition to the Cit-r of South <br />?Bend, And, <br />7/here, the said City of South Bend has, .by and through its -Board of Tublie <br />Works, duly condemned the rortion of said r,al estate described as follows, .viz: <br />A tract of land fifteen (I5) feet in �-;idth from east to west, taken off of <br />and from the entire lengtlh north and south offof and from the west side of said <br />Lot One '(I) in "enger and 'reighbaum's Eirst Addition to the Ctty of South Bend for <br />highway purposes, under Condemnation Resolution 4T0.2I98 for the ='iidening of-`"ellows <br />Street in said Sity; and <br />, hereas, the said Harris and T-Tolem are desirous of retaining the improvement <br />• <br />0 <br />• <br />• <br />0 <br />• <br />