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<br />YOND_A.Y, APRIL 9th . 19234
<br />A. 0RFEL°ENT
<br />TF�" �CR�`'Er:?i'aNT
<br />r , made this daycsf April, 1934, between the NEW PORK
<br />CFN`1'RA.L RATT.R 'D C.C1,71ANY and the CTTV OF SOUTF BEND, INPTANA-, ": LVUYTCIPAL CORPORATION
<br />by and- through its Board. of Public Works:
<br />1'
<br />rn r., c- E IZ :
<br />i
<br />"WI MEAS, on the 3rd., day of January, 1930, the Board of Public ,Yorks of
<br />tre City of South Lend a ptea and placed on file Its grade sep
<br />aration resolution.
<br />No,4, providing for the separation of Ores es of the tracks of the New York_ Central
<br />Railroad Somp«ny at "ivision, Walnut and Cherry Streets; and.
<br />WE AREAS, on the lst day of April 1930, said resolution Yo.5 tiaras modified
<br />by the filing and adopting of Yodified Asolution No.5; and
<br />VEREAS, on the 18th., day of February, 1930, a petition signed by more
<br />that f fifty resident freeholders of tic City of South bend. Was filed, petitioning
<br />the Board of Public Yorks to enter into an agreement with the Kew York Centr=T
<br />Railroad Comprw for division of cost of all work necessary under s,^id grade sep-
<br />arnti on prokect, w ereby the City of south Bend should pay thirty-five percent
<br />(350 of the_ cost of the F ece separation troject contemplated by Asolution No.
<br />5 .as mod if ed , pursuant to Sect ion ' of the Act of the Ceneral Assembly of Indiana ,
<br />approved Y.rch 9, 1927; and
<br />wI 4 s under into of f_pril 11, 1C30, an agreement was entered into be-
<br />tween The Kew York Central hnilrond Compcn7 end tie City of South Lens, Indiana,
<br />for division of the cost of a• l l York necessary unr er said grade separation project;
<br />and
<br />'I' 71AS, said grade sEperatlon project has bot been carried forward for Want
<br />of sufficient funds by the parties hereto; and
<br />"77PE,AS, it is now proposed to complete the separation of the street Prades
<br />• at division end "alnut streets with the ar in t ra cks of The New York Central Railroad
<br />j Company b- contract between said Ai_lroed Company, the State highway Commission of
<br />Indiana and the City of South Bond, provided necessary funds can be "obtained from the
<br />federan government under Me National Industrial Recovery Act; and
<br />i`Whereas, the =Mate 1 i h.-ay Commission is not. willing to assume any expense
<br />for Trade separation at Cherry Street or the construction of a pedestrian subway there-
<br />at; and
<br />t?T TEAS, the Railroad Oompany advised the City that the Rai lroad Company
<br />would require the vacation of Arnold Street from the north line of the main line right
<br />of gray to the south line of the Illinois Division right of way, and also the vacation
<br />of Cherry Street across the main line right of way of the New `fork Central Railroad
<br />before the Rp ilroad. Company ?_; ould execute an agreement with the State Niphway Commiss-
<br />ion anF the City of South Bend for the separation of Fred es at Division and 'Walnut
<br />Streets; and
<br />FE EAS, mod if iec resolutinn Fo.5 of the Poerd of Public Works of. the City
<br />of South Lena, end all proceedings and orc in^races had thereunP er, should be rescinded
<br />in order to permit the completion of tie work contemple ted herein; and i
<br />"7 MAS, on the gay of December, 1933, the Board of Public Works of j
<br />the City of South Lend adopted resolutions numbered 2477 ens: 2478 for the vacation of
<br />• s^id Arnold 'street rnd--Cherr7 Street respectively; and
<br />17 EAS, since the adoption oP spit resolutions remonstrances have been filed
<br />against the closing of spi-d Arnold street Which might delay the execution of the propos �
<br />ed agreement with the State I;iFh ay Commission reletinF to ccnS trVCtion of subway at
<br />Division and "Plnut Streets; and
<br />'iFT;ASI the Rpilroed Comnen7 i. willinF, rith a view to co-operating with
<br />the City of south Bend and the Mate Fi gY-way Commission sion of Tnj iane , to proceed with the
<br />execution and performance of proposed e f reeme nt with the State Yi ghray Commission,
<br />pens i-nF fina 1 action on Resolution ho.2477 for the vacation of said P.rnold `street;
<br />4 07 "fir PEFORE, in consideration of the premises, it is agreed:
<br />FiRST: The City of South Lend, Inc: iane , throuph its Bo--rd. of Public Works,
<br />shall forthwith confirm said resolution Yo.2478 for the va-c?tion of Cherry Street in
<br />said City of South J=eM across the mein line ripit of way of The Kew York Central
<br />Railroad Company in said city; and take all other action necessary to a ccomplish the
<br />leg^l vacetion "f said Cherry street as aforesaid. Provided, howver, the Railroad
<br />Compeny agrees dot to actually close sate Cherry Street to public travel until the
<br />grade separation at Divi-s'on and Walnut Streets has been completed and said. Division
<br />and !-Walnut Streets open for public gavel, except insofar as it mpy be necessary and
<br />incidental to the completion of the trade separation project.
<br />sEcoxD: The Pity of Mouth Lend, through its Board of Public Works and. thro
<br />• its Common Council, shell adopt and pass such resolutions and ordinances as may be nec-
<br />essary to ? eg^11y end completely rescind R& cvncel Yodified Resolution TTo.S of the
<br />Boar? of Public forks of said City, end any and all other proceed.inps and ordinances
<br />thereunder that Tere heretofore pessed in contemplation of the track elevation project
<br />
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