03/22/1932 Board of Public Works Minutes

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Tuesday, Merch 22nd. , 1932 public alley aforesaid , which has since been dosi gnated as Spencer Street; and, Whereas, under an agreement i de betynreen the .Railroad Company and said City, - dated Febrinry lSth., 1924, the Railroad. Company acquired a .new mute through the Icity of South Bed, and=)bandoned and is not new us inp the said passenger station for the; purposes for which it was intended, in, consequence of which the paved_ way and alley t� aforesaid, occupying a total width of Twenty-nine and. three -tenths (29.3) feet, and hav ing the app ea.rance of one single highway of that width, is still being used by the publie'1 as a way Now themfore, in. order to prevent any misconception on the part of the public as to the true character of said Fifteen and three tenths (15.3) feet private way so paved by the e rai lr d Company, and to prevent also any claim of implied d edicetion, or of the same becoming a. highway through adverse use by the public, it is agreed between„ ;the parties hereto as follags: i i � 1. That the right and title of the Railroad Company to the south fifteen i, and three -tenths (15.3) feet of the North 29.3 feet of Lots numbEred Three hundred ri Twelve (312) and Three Hundred Thirteen (313) in the Original Plat of South Bend, free from any claim of right or easement on the part of the City or the public to use the same., as a public way, is expressly recognized. 2. The continued use of said way by the public, and by persons using said Lots numbe re r7 Three Hundred- Twelve (312) and. Three Hundred Thirteen (313) , or p atro I izing the tenants occupyinp, any part thereof, in connection witth the fourteen foot public alleyknown a s S , Spencer Street, shall not be considered as adverse nor ripen into e. right ar easenen.t , but shall -e cons id -red permissive only and subject to termination at the 'Ti Il of the Rai Iron d Company. 3. Until such time as the Railroad Company shall desire to devote said paved way to other uses it agrees to allow the public to use the same at its own risk, '! Lt being eymressly agreed tint the Railroad Company is under no obligation to keep the -awe in condi ti on for public travel. 4. The right of the Railroad Company to close said fifteen and three ;enths (15.3) feet paved way to travel and use as a way, and to devote the same to other >urposes, is fully recognized as is also its privilege to erect and maintain a suitable oign or signs explanatory of the permissive public use. ITd 11ITN,SS '"1 EMEOF the parties have caused their respective corporate am es to be signed by duly authorized respective officers, on the 22nd. , day of March, 1932. CR _ANT) TR UTT� : ES TERA? R-A ILR OAD C OAP RTY BYwke nenere1 I�anager. won �, C I'! Y OF SD UTH. BEND INDI-APil. BY A;'. E. DORfi�T JOHN K. SFOCOR RIZ PH F . KLS S BOI_RD OF PUBT I_C VTOR S 0. E • • •