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14 7Vedn.es(9ay, April. 18th. 1 1934
<br />the
<br />Fo r t h I a n pe 3 fast
<br />4- Section 6,
<br />Yt oVT Quar
<br />ter H
<br />4- f the 8 6�f Township. 37
<br />more T)articulerly described as follows: Bat
<br />,pinning t P point on the S E Corner of Corby
<br />and E"ddy 01treet, thence East along, the south line of Corby 6treet eiFj-I.ty-ejFht (88, ) ft,
<br />thence S'oi.fth one hi).,ne.red ranc Twenty (1201) feet thence 74est Iliphty-eipht (e8l) feet to
<br />point on the Eastline of Id-v Street vhich point is one hundred tv,-enty (120) feet
<br />south of the gout h east corner of Corby an(7 Eddy 1_%treet, thenceNorthone hundred and
<br />twenty (1201 ) feet south of' the `3outh east corner of Corby and Eddy Street, thence
<br />North one hundred, and t7Tenty feet (3-201) to'tbe place of beginning.
<br />And v.,Thereas, the Boqr�,tj of Public V'jorks has adopted and p-Inced on fi - le a
<br />Bet tpclk line or bui,1.('J_nF line or, ld�'V Street between Jefferson Eoulever& and_ the north
<br />U_t77 1_jTnjtS
<br />fin: v.tiereas sP4� T A. IT omer and Catherine Eorn-er have �-pplied to the
<br />-ue-p-,rtrinenf ol' s.--id city for f-, -oern.it to remodel the -o.-resent build inp for n
<br />store buildinr- at s,-.id location knovin as -,\Tor-IL-;h "1110hdy Street,
<br />Therefore, it, Is apreed and understood that said I% A. Fomer end Cptherine
<br />12oner will, if tl,e -present bu-!1dinp permit is Franted, remove the present- resent building, as
<br />remo0eled without any expense to the City, back of the nev; street line as described in
<br />the set back Resolution ixo.2479. It is uAderst.00d that this UuIlcinp will, ^e removed
<br />vv! ti.in thirty (30) daVs after the _L21'oprd of Public "yorks of the City of Sc nth. rend has
<br />col"Moleted its -nr--ceediners to lepelly open Pn(- Widen -dry Street from, Jefferson Street
<br />to the north city limits P !I as - ' orovided for in Resolution "_o.2479 es estp-.1-.1isbed in
<br />the set back -nl,-n on this street.
<br />�Tn ry i t1ness ii-,,,hereof, , we have hereunto set our ',,Pnds end seels this 12th.
<br />dpy Of trril. 1934.
<br />s i f-ne d- atthew lHomier Omner
<br />Catherine Foir_.er Owner
<br />State of Illinois
<br />County of gook) SS
<br />Before the uneersigned, P _'Fotary Puln1-ic, in and for sa-,C; County and State
<br />personally appeared
<br />, Y. 1,.. Forqer and '%therine Former ormer P nc pckno-,,ledped the execution of,th
<br />e7hove covenant this 12tI7., day of April) 1934.
<br />s c on T-. TDPi..rney, i o
<br />com-rission expires tPry Pub] is
<br />A111pus t 2 4 th 1936.
<br />Mr. G. A. Farabaugh, attorney for the New York Central Railroad Company, and
<br />other officials of the New York Central Egilroad Company were present, and the follow-
<br />ing Agreement was signed by the Board, tb6 New York Central Railroad Company, and
<br />The State of Indiana, by James D. Adams, Chairman, State Highway Commission, regarding
<br />Track Elevation at hestern Avenue and �Ialnut Street. Agreement is as'follows:
<br />A G R E E W-E N T
<br />2 G 2020 C. S.
<br />Draft of Feb 21.34
<br />Revised Mar 7, 34
<br />Revised Mar 15.34
<br />Revised Mar 26.34
<br />Revised Mar 28,,34
<br />Revised Apr 17.34
<br />THIS AGREEMENT* made and entered into this 18th. day of April, 1934, by and
<br />between the State of Indiana by the Chairman of the State Highway Uommission of
<br />Indiana, Party of the First Part, hereinafter sometimes called the "State", and the
<br />New York Central Railroad company as Party of the Second Part, hereinafter sometimes
<br />called the "Railroad Company, And the City of South Bend, a municipal corporation,
<br />by and through its Board of Public 'Works, as Party of the Third Part, hereinafter
<br />sometimes called the "City", Witnesseth:
<br />I WFIETTAS, on the llth., day of A-pril, 1930, the Railroad Company and the
<br />City entered into an agreement providing among other things for the separation of
<br />(fides
<br />at the crossing of the main line of the railroad company with Division Street
<br />now known as Western Avenue) and 'Walnut Street in South Bends by raising, the grade
<br />of the railroad,, by depressing Division street and depressing and relocating Walnut.
<br />Street and by constructing a new railroad bridge to carry the railroad over sd d
<br />Division Street and Walnut Street, and
<br />WHEREAS, pursuant to said agreempnt the Railroad Company prepared plikus
<br />for the said proposed railroad bridge and received competitive bids for and purchased
<br />the fabricated structural steel -for said bri-dge, and
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<br />A I
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<br />=.WIREAS, pursuant to said agreement the City prepared certain Mans and •
<br />acquired certain rights of way for the improvement of Division Street and. Walnut Street,
<br />and
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