01/08/1936 Board of Public Works Special Meeting Minutes

Home Browse Search

SPECIAL MEETING Special meeting; of the Board of PublicWorks was held on Wednesday, January 8, 1936 at 9:00 A. M. All members were present. -The meeting was called for the purpose of ratifying an agreement entered into between Elizabeth Dora Higbee and the Board of Public Works which is as follows STATE OF INDIANA ). ) SS ST. JOSEPH COUNTY ) ELIZABETH DORA HIGBEE -VS-.. CITY OF SOUTH BEND IN THE ST. JOSEPH CIRCUIT COURT NOVEMBER TERM 1935 Cause No. 48152 STIPULATION AND AGREEMENT BETWEEN THE CITY OF SOUTH BEND BY AND THROUGH ITS BOARD OF PUBLIC` WORKS AND ELIZABETH DORA HIGBEE WITNESSETH: That, Whereas, on the 15th day of October, 1934.the Board of Works of the City of South Bend, Indiana in open session duly adopted a resolution for the opening, of Michigan Street from North Shore Drive to the North city limits, under Condemnation Resolution No. 2481; and Whereas, Elizabeth Dora Higbee is,the owner in fee simple of the real estate located in the City of South Bend, St. Joseph County, Indiana and described as follows, to -wit: Lot Number Fifteen (15) of Samuel Leeper's Second Addition; and Whereas, as a result of said condemnation proceedings the City of South Bend in conjunction with the State Highway Department of the State of Indiana proposes to erect, construct and extend North Michigan Street from North Shore Drive to the North City limits and that the proposed street shall pass by and adjoin the property of Elizabeth Dora Higbee as hereinbefore described; and Whereas, under the plans and specifications of said proposed extension.of Michigan Street North, the real estate of Elizabeth Dora Higbee as above described. will be between five (5) and seven (7) feet above the level of Michigan Street; and Whereas, the real estate above described fronts on a paved street now known as Peashway Street, which will as a result of said construction be cut off; and I ;a Whereas, the St. Joseph Circuit Court has awarded damages to Elizabeth D 'a Hio'q-ee iiq the sum of Fifteen Hundred ( 1500.00) Dollars as a result of said pr Aposed construction of said North Y�ichigan Street North. j� NOW, THEREFORE, WITNESSETH, that in consideration of the sum of One {Dollar in hand paid by each party to the other, it is agreed as follows: 1. That the City of South Bend, through its duly constituted Board of Works agrees to have the State Highway Department tear up the present porti-on of Peashway Street from the West line of Michigan Street as proposed under this proceeding, to the West end of the real estate of Elizabeth Dora Higbee as above described; that after said street is so torn up, the City of South Bend, through its Board of Works, will cause to have said portion of said street so graded and excavated that the West. end of the present Peashway Street meets the level of the public alley running on the West side of the before -described real estate and the East end of Peashway Street at the point where the West line of Michigan Street as constructed intersects it, will meet the grade of Michigan Street. It being the intention that Peashway Street West from Michigan Street as proposed shall meet the grade of Michigan Street and be graded in a straight line to meet the grade of the public alley West of Lot Number Fifteen (15) of Samuel Leeper's Second Addition as above described. 2. The City of South Bend further agrees that in establishing the grade, that the width of the opening at Ylichigan Street shall be at least eight (8) feet to the North of the present center line of Peashway Street, and that said eight (8) foot opening shall be graded back in a straight line to meet the level of the alley as above referred to, and that the bank on the North side of the opening shall be graded in a straight line from said eight (8) foot opening to meet the grade of the south line of the sidewalk on the North side of Peashway Street, which said sidewalk parallels and abuts the south Line of the property of Elizabeth Dora Higbee. 3. It is further agreed that the City of South Bend, after the grading, shall place a reasonable amount of gravel or some other hard surface material on said eight (8) foot opening., so that it has a sufficiently strong• surface to convey ordinary vehicular traffic. 4. It is further agreed that the City of South Bend, through its Board of Works, shall see that the North bank of Peashway" Street as graded, as hereinbefore set out, shall be sodded with the same type and quality of sod that will be used for the bank on the proposed extension of Michigan Street, which sod shall commence at the foot of the grade of the bank and go to the present south sidewalk line of Peashway Street. • 0 0 0 • •