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0 Tuesday, October llth. , 1932.
<br />This agreement, dated this day of 19321 made and
<br />entered into by and between the City of South Bend, Indiana, acting by and through
<br />its board. of Public Works, Party of the First Part, herein som t imes called the
<br />"City", and Chicago, South Shore and South Bend Railroad, a corporation created and
<br />organized. under the lags of ithe State of Indiana, Party of the Second. Part, .herein
<br />sometimes called the "Railroad," Witne sseth :
<br />Section 1. That consent is hereby given by the City to the Rail-
<br />road to locate, construct, maintain and operate its railroad track, including poles,
<br />supports, span wires, trolley wires, transmission and feed wires, telephone and tel-
<br />egraph wires, guys, braces, fixtures, appliances and appurtenances used in the oper-
<br />ation of its railroad, over, upon and across Orange Street, the first alley east of
<br />Meade Str=yet, Fremont Street, the first alley east cf Fremont Street and all other
<br />public streets and alleys, roads and highways not specifically named, but which are
<br />intersected by the proposed route, the c enteal line of which is aplm oximatel.y as
<br />fo lbws
<br />Beginning at a point on the center line of OranStreet just
<br />east from the northeasterly line of Washington Street, as now 1
<br />located; thence eas twardly by a curve to the right, having a
<br />radius of two hundred (200) feet, a distance of approximately
<br />one hundred seventy (170) feet crossing tr-R south half of
<br />Orange Street the northeast corner of Lot Numbered Forty-seven
<br />(47) of West end Sub -division, the alley mst of Fremont street
<br />and on to Lot Numbered Forty-eight (48) in above mentioned sub-
<br />division; thence continuing east wardly from a point on Lot Numbered
<br />Forty-ei ,ht (48) by a curve to the left, having a radius of Two
<br />Hundred 200) feet, a d istence of approximately Eighty (80) feet
<br />to a point in Lot Numbered Forty-nine (49) on a line parallel to.
<br />and seven (7) feet and no (0) inches northwardly from the north-
<br />erly line of Washington Street; thence continuing eastwardly
<br />along a line parallel with and seven (7) feet no (0) inches
<br />northwardly from the northerly line of -'ashin ,ton btreet across
<br />the southerly :pmrtion of Lots lumbered Fifty F50) end Fifty -One
<br />(51) in said Sub -division; thence across Fremont Street on to
<br />land lying be-t-,.Teen Fremont Street and the alley east thereof to
<br />the al ley e as t of Fremont Street ; the nc e a cro ss the a 11 ey east
<br />of Fremont Street to land lying east of the alley east of Fremont
<br />Street, hating a total ten#th of approximately seven hundred
<br />twenty (720) feet,
<br />and to carry pe ssengers, freight, merchandise, baggage, express and the United States
<br />mail on anal a long said street railroad, interurban street railroad. and suburban street
<br />railroad line.
<br />Section'2. That said track shall be constructed across said streets,
<br />a lleys, rands and highways as not to interfere with the free use cf the streets, alley,
<br />roads and higrways .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 use-
<br />fulne ss .
<br />Section 3. That for and in consideration of the premises end of the
<br />agreement on the part of said second party to carefully construct said railroad
<br />track across said thoroughfare and to make the approaches thereto as well as the cross
<br />ing in good and proper condition for using by the public and at all times to keep and
<br />maintain said crossing in good and safe condition for public travel, the said first
<br />party does, hereby, grant unto said second prrty, the right to construct and m dntain
<br />said railroad track;
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