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® Tuesday, Apr i l 22nd . , 1930
<br />and no written remonstrances Mere filed and the Board, t herefore , decides to take final
<br />action onssai.d condemnation Resolution No.2332 and declares same in all things ratified,
<br />confirmed and approved without `modification,, The Board. now orders that a list or roll
<br />be prepared of all owners and holders of property and. of valuable interests therein
<br />sought to be taken which list or roll shall also described the property beneficially
<br />affected by such condemm Lion.
<br />ldr. John Gavit t , attorney for the hew York Central Ra it road Company l
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<br />and T. A. Hynes, President of the New Jersey, India . and Illinois-"ailroad Company,
<br />were present and filed with the Board the signed copies of the contracts for Grade II
<br />separation under Modified Track Elevation Resolution No.5. Contracts are as follows-:
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<br />C ONTRA,.CT WITH IMIK, YORK CENTRAL RAILROAD C0MP qTY.
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<br />This agreement made this Ilth. , day of April, 1930 between khe New I
<br />York Ventral Railroad Company end the City of South Rend, a municipal corporation, by an
<br />through its Board of Public Works.
<br />V ITNESSETH :
<br />",orks
<br />Whereas, on the 3rd. , del. of January, I9301 the Board of Public
<br />of the City of `'ouch Bend adopted and placed on file its Grade Leper-ti on Resolution I
<br />No.5, providing for the separation of grades of the tracks of the New York Central u
<br />Railroad Company at "ivision, `alnut and Cherry streets ; and
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<br />Whereas, on the Ist. , day af April 1930, said Vesolution No.5 was �
<br />modified by the filing and adopttion of Todified Resolution No.5; and
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<br />Whereas, on the I8th., day of February, I930, a petition signed by mol e
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<br />than fifty resident freeholders of the City of mouth end was filet, petitioning the
<br />Board of Public Yorks to enter into an agreement with the New York Ventral railroad
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<br />Company for division of cost of all work necessary under said grade separation project,
<br />whereby the City of South Bend shall pay thirty-five percent (35%) of the cost cf the
<br />grade separeti on project contemplated by Resolution No.5 as modified, pursuant to
<br />section 2 of the Acts of the General Assembly of Indiana, approyed March 9th. , I927;
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<br />Therefore, in consideration of the premises, it is agreed: I
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<br />First: That the total cost of all work performed and meter ials. fur-
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<br />nished to carry out the entire grade separation project, including all work or expense .
<br />necessary to the changing of the grades of the tracks and the grades of the streets !�
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<br />( in6lud ing cost of engineering, inspection, watchman on the work, construction and
<br />ma. intenance of necessary temp orai?y works and crossings) as provided- for under
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<br />TGLodified Resolution No.5, insofar as the said resolution applies to the New York Central,,
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<br />Railroad. Company, shall be divided between the City of South Bend and the New York
<br />Ventral Ra-ilroad as follows:
<br />A). The cost of separation of grades of Division and .'fialnut Streets
<br />with the main line of the New Tork Central railroad Company, including all expense for I
<br />1 • raising the existing tracks and facilities, restoring the railroad; depressing division it
<br />Streets and its facilities to a width of 80 feet, including the construction of 52
<br />foot pavement roadway and 14 foot sidewalk spaces; depressing Walnut Street and its
<br />facilities North of Division �tr-et to a width of 98 feet, including construction of
<br />30 foot paved roadway and 9 foot sidewalk spaces; depressing y'alnut Street and its
<br />facilities South of Divisi on z)treet to s. width of 60 feet , include n construction of 40
<br />foot paved roadway and 10 foot s id ewalk spacesl the drainage and necessary than ge s in
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<br />other city-wned facilities, indluding such temporary water connections as may be
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<br />required; the construction cf the necessary five track s teel raulroe d bridge with the
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