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198 Tuesday, November IIth., I930.. <br />CONTRrCT WITH HENRY BEUTTER FOR A SIDE TRACK ACROSS KAI\TKpKEE AVMUE. <br />THIS TNSTRM.UPNT 4:`ITNG SSETH and agreement by and be tw een henry Beutter <br />doing bisine ss as the bo ff m n and Buet ter Coal Company, in the City of South Bend, <br />St. Joseph County, Indiana, first party, and the Board. of Public Works, of South Bend-, <br />Indiana , a second. party, as follows, to -wit: <br />Whereas, the said first party desires to construct and maintain a <br />single track siding across Kankakee Avenye, south of and, adjoining the right of way of <br />the New York Central Railroad Company, near the point where Meade Street intersects; <br />Kankakee Arent- in said City, which trabks are upon the right of way of said railroad <br />company and the lands of the said. Hoffman and. Beutter Coal Company, save and except <br />where the same cross Kankakee Avenue. <br />Now, this w itnesseth , iha t said second party does hereby grant unto <br />said first party the right to construct and maintain said side track across the same <br />Kankakee Avenue, and in consideration of same- grant, said first party contracts and <br />agrees to carefully and properly lay abd maintain the said tracks across said Kahkakee <br />Avenue, at such grade as the cibil engineer of the said city may designate, and to, <br />at ill times, maintain either .amis, or other material, as designated by said city, <br />on and along hankakee Avenye, where crossed by said track, and to 11 eep said. crossing <br />open at all times andupon failure so to do, the said grant shall become null and void <br />at the option of said second party, and at its re $ue st , said first party, Till forthwith <br />take up and remove such side track. A blue print dravring of the territory affected <br />by this track is hereto attached a& make a part hereof <br />This contrpct shall not be effective until ratifies , and approved by an <br />Ordinance of the '-ommon Council of said city. <br />November I930. <br />=, itne ss the hands and seals of the parties hereto , this IIth. , dey pf <br />Henry Beutter, (doing business as the rhoffman and <br />- Beut ter Coe 1 Comp my) <br />Board of Public Works of the City of South Bend, Ind. <br />By 11. E. Doran, <br />J ohn. K. Smogor <br />Ralph F. Kuss." <br />10eeting a dj ourned at II-30 A. Y'. <br />Attested: <br />Cleik of the Board <br />0 <br />• <br />• <br />• <br />0 <br />