10/10/1929 Board of Public Works Minutes

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Thursday,,October IOth., 1929. • • • F__1 L_ J • • • i imat ely thirty-three hund red three -(3303) feet t b a point which is two hundred s xty- seven and twen-ty-nine hundredths (267.29) feet west of the center line of Smoy treet; thence nu acurve to the left having a radius of two hundred sixty and fifty-four hun' i dredthe (260654) feet to a point on a line which is located six and seventy-five hued•. redths (6.75) feet west of and parallel to the center line of Nancy atreet; thence north j along said parallel line a distance of approximately seventeen hundred sixty-six .(1766) feet to the north line of Crumstown Road; thence by a curve to the right having a radius of seven hundred sixteen and twenty-five hundredths (7I6,25) feet,a distance of approxi mately one hundred eighty (ISO) feet to the west line of'a strip of land owned by the the Chicago, ,South Shore and South Beni Rrailroad; thence northwardly through the Lands of Chicago, south Bend and South Bend. Railroad to the south line of Lincoln Way West which point is approximately forty (40) feet east of the west line of said property which line Is also the east line of Seotion-Four, (4) Township Thirty-seven (37) North, Range Two (2) East onto. property of the Chicago South Shore and South Bend Railroad to a point on the north line of Lincoln way West which point is also eastwardly approctimate ljr fifty (50) feet from the east line of ')eeti on r'our (4), and to carry passengers, freight, merchandise, baggage, !mail on and along _its said street railroad, interurban railroad line, expres and the United States street railroad and suburban street Section 2. That said track shall be constructed across said streets,; alle roads and highways as not to interfere with the free use of the streets,, alleys, roads and highways- intersected and in such manner as to afford security for life and property and the Railroad shall restore said streets, alleys, roads and highways to their former state,, or in a suff ie ient manner snot t o unnecessarily impair their usefulness.. Section Z. That the trolley wires shall be suspended at a height of not less than eighteen and one half feet above the rails of said track. The said trolley wires shall be suspended from span. wires, cross arms or supports attached to sftbstanSial wood, iron or steel poles or similar structures at least as substantial exid safe, - Poles and supports for said wires. when located in the street, snail be plaoec addsoent to bile 3izrb line of the si,reet. Consent and permission is also given to tie Railroad to connect its said wires with its power houses, stations, subsuations transmission lines and sources of electric supply. ' Se3tiion 4. The railroad may maze all necessary openings iii said sGreei,s alleys, roans anu highways ror brie purposes aforesai(i and when ma,King such openings Vinci conscruoting or repaiving iys said traen�* on and across said streets, aileyw, roala a,nk highways, it shah by signal ana otherwise.do all things necessary to protect the public from injury, and . to pretent any injury to persons or to property, and shall save and hold harmless said City from all damages, costs and expenses which said City shall be compelled to pay .as the resole of any default, carelessness or neglect of the Railroad in the construction, maintenance and operation of its said track on and across said streets, as hereby authorized and permitted, provided, however, that said City shall promptly notify the Railroad of -arty suit brought against said City. Section 5. This agreement shall constitute an indeterminate permit under and pursuant t o the terms and provision of the Public Service Commission law of the State of Indiana, and in the event of the repeal of said law this agreement shall extend for and during the term of twenty-five (25) years from and after the date that the repeal thereof becomes effective, but it is expressly agreed between the parties hereto that the ;;permit and authority hereby granted to said Railroad is not and shall het be exclusive in said Railroad except as to the parts of the streets, roads, ways, avenues and highways ;!jherein mentioned actually occupied by the track of said Railroad under and in accordance with the provisions hereof and that said City hereby expressly reserves full right, ;:authority and power to permit, authorize and empower other companies, corporations and ;;persons to sonstruotrp maintain and operate railroads, street railways and interurban ;railroad trafks together with all proper and requisite overhead construction work, poles ,wires equipment and applicances upon and along the parts of the streets, roads, ways, avenues and highways herein mentioned not actually occupied by the track of said Railroad 'iunder and in accordance with the provisions hereof. Section 6.. This agreement and all of its terms and provisions shall be binding inure to the benefit of the parties hereto and their successors and assigns respeetlikely,, and shall be in full iforee and effect from and after the date of its being_ approved by ordinance duly adopted by the Common Council, of said City of South ...Bend. In Witness Whereof, the parties hereto have hereunto set their hands and .seals the day and year first above written. CITY OF SOUTH SEND IND IANA BY W. R. HINKLE JOHY K. SMOGOR RALl H H . KUS S TTESTIDI ITS BOARD OF PUBLIC WORKS AZEZ A. TURNER ITS CIERK CHICAGO SOUTH SHORE AND SOUTH 3M RAILROAD BY SAMUEL INSULT, JR ITS VICE PRESIDENT TESTED, 3 SECRETARY"