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504
<br />Tuesday, kept emb er 24th. , 1929.
<br />The Board approved T roll
<br />amount of 1I4,049.88. claims for various departments in the
<br />`The Board approved claims for bills in the various departments in the
<br />amount of 83I.59.
<br />The Board approved pay roll in Engineering Department and also .salaries
<br />for Trac!c Elevation in the amount of..,A537.33 and the Board, hereby, orders the City
<br />Controller to pay same out of. Track Elevation Fund.
<br />Uron the recommendation of City -attorney, I..,S. Romig, and on the
<br />petition of J. 1.1-McInerny, attorney for the Chicago, South Shore and South Bend Rail-
<br />way Company, the '9oard adopted the following resolution:
<br />�i RESOLUTION OF THE BOARD OF PUBLIC T7ORKS OF TTir CITY OF
<br />SOUTT B +ND INDIANA FIXING TTI '0M! OF "ONTRACT 77I TIT
<br />7TICAGO SOTTTTI SHORT+' Ar,?D SOUTH T3END R,^.ILROAD, GITrING
<br />SAID RAILROAD TTT7, RIGHT TO LOCATE, CONSTRUCT, TITIAINTAIN
<br />AND OPERATE ITS RAILROAD TRACK 07 R ATTI) ACROSS CERTAIN
<br />P7`31IC STREETS, ALLEYS, ROADS AND HI GM-VAYS OF M, CITY
<br />OF SOUTH 37,ND INDIANA.
<br />WH'i'REAS, the Board of Public ,jorks of the `'ity of 6outh Bend, in St.
<br />Joseph County, Indiana, desires to enter into a contract giving the right to Chicago,
<br />South Shore and South fiend Railroad, its snedessors and assigns, to locate, construct,
<br />zpaintafn and operate its railroad track over and across certain public streets, alleys
<br />roads and highways in said city and said Board of Public i4orks having determined the
<br />exact form in which said contract is to be finally adopted, which form is in words and
<br />figures as follows, to -wit:
<br />TTIIS A rR7,37T707, dated this day of October I929, made and entetedii
<br />1 J1�
<br />into by ands between the City of South Bend, Indiana, acting by and through its '3oa:rd
<br />of Public ° orks, Party of the First Part, herein sometimes called the "City" and
<br />Chicago, South Shore and South Bend Railroad, a corporation created and organized
<br />under the laws of the State of Indiana, Party of the Second Part, herein sometimes
<br />called the "Railroad", j�ITIiSSETA:
<br />Section I. That consent is hereby given by the City to the Railroad
<br />to locate, construct, maintain and operate it-s single railroad trac-, including poles,
<br />supports, span wires, trolley wires, transmission and feed wires, telephone and tele-
<br />graph wires, guys, braces, fixtures, appliances and appurtenances used in the operation
<br />of its railroad, over, upon, over and across i�loodland venue, 'lestmoor Aven3ae, Nancy
<br />Street, Crumstown Road and Lincoln ',Jay 'jest, and all other public streets, alleys,
<br />roads and hi htFrays not specifically named but which are intersected by the proposed
<br />route, the center line of which is approximately as follows:
<br />Beginning at a point on the west corporation line in the City of South
<br />Bend which is located approximately two hundred seventy (270) feet north from the north
<br />right of way line of the Chicago, outh Bend and Notthern Indiana Railway Company;
<br />thence in a northwesterly direction by a straight line approximately one hundred twenty'
<br />five (I25) feet to a point; thence by a curve having a radius of five hundred seventy-
<br />three and fourteen hundredths (573.I4) feet a distance of approximately three hundred
<br />ten (3I0) feet to a point on a line six and seventy-five hundredths (6.75) feet north
<br />of and parallel_ to the center line of 'restmoor Stree which point is also four hundred.
<br />(400). feet east' of the west corporation line of the ity of South measured along said
<br />parallel line; thence east along the said parallel line a distance of approximately
<br />thirtythree hundred three (3303) feet to a point which is -tl:,o hundred sixty-seven and
<br />twenty-nine hundredths (267.20) feet west of the center line of Nancy street; thence
<br />by a curve to the left having a radius of two hundred sixty and fifty-four hundredths
<br />(260.54) feet to a point on a line which is located six and seventy-five hundredths
<br />(6.75) feet west of and parallel to the center line of Nancy street; thence north along)
<br />said parallel line a distance of approximately seventeen hundred sixty-six (I766) feet
<br />to the north line of Crumstovm Road; thence by a curve to the -right having a radius
<br />of seven hundred sixteen and twenty-five hundredths (7I6.25) feet a 'distance of anprox-'
<br />imately one hundred eighty (I80) feet to the arrest line of a strip of land owned by the
<br />Chicago, South Shore -and South Bend Railroad; thence nort1wardly through the lands of
<br />the C.;, i cago, South more and South Bend Railroad to the south line of Lincoln 'stay West
<br />which point is approximately forty (40) feet east of the ,rarest line of said porperty
<br />which line is also the east line ofSection Four (4) Township Thirty-seven (37) ''North
<br />Range Two (2) East onto property of the Chicago, mouth Shore and South Bend Railroad
<br />to a point on the north line of Lincoln `'jay Test which point is also eastwardly approx
<br />imately fifty (50) feet from the east line of Section your (4).
<br />and to carry passengers, freight, merchandise, baggage, expres and the TTnited States
<br />mail on and along its said street railroad, interurban street railroad and suburban
<br />street railroad line.
<br />Section 2. That said trwc"c shall be eo constructed across said streets
<br />alleys, roads and hihways as not to interfere with+he free use o-f the streets, alleys
<br />roads and hi-_hirays intersected and in such manner as to afford security for life and
<br />property and the Railroad shall restore said streets, alleys, roads and highways to
<br />their former state, or in a sufficient manner not to unnecessarily impair their useful-
<br />ness.
<br />Section ,3.
<br />That the
<br />trolley wires
<br />shall
<br />be.suspended
<br />at
<br />a height
<br />of
<br />not less than eighteen and
<br />one-half
<br />feet above the
<br />rails
<br />of
<br />said track,.
<br />The said
<br />troll
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