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

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191 5. It is contemplated and Elizabeth Dora lugbee n.as been given ine assurance oy both the State highway Department and the Board of Works of the City of South bend, that the State Highway Department would perform all these excavations, tear up the. present portion of Peashway Street in front of her premises and establish the grade as hereinbefore set out, and it is further agreed that in the event the State Highway Department does not do this work, that the City of South Bend, through its Board of Works, will do the same. 6. It is further agreed by and between Elizabeth Dora Higbee and the Board of Works of the City of South Bend that if, as and when Peashway Street from the West line of Michigan Street North, as proposed under the Condemnation Resolution herein - before referred to, to the public alley running along the West end of Elizabeth Dora Higbee's lot as hereinbefore referred to, has been torn up, excavated, graded and sodded as hereinbefore referred to and within a reasonable time, to be completed along with the completion of the proposed construction of Iulichigan Street North, that and, in that event Elizabeth Dora. Higbee agrees that she will waive, release and quit claim to the City of South Bend any action or right of action or causes of action she. may have against the City of South Bend, or any governmental departments thereof, by reason of the closing up, tearing up, vacating the street or changing the grade of Peashway Street from MichiEen Street West as hereinbefore provided. It being the .intention of this agreement that the judgment recovered in Cause No. 48152 in the St. Joseph Circuit Court in the amount of Fifteen Hundred (1500.OQ) Dollars, plus the improvement and the new established grade of Peashway Street from the public alley Test of her property to Michigan Street, as hereinbefore provided, shall be in full payment and satisfaction of any damage or rights of action which she may have against the City of South Bend as hereinbefore provided. 7. It is further agreed, however, that as additional consideration to Elizabeth Dora Higbee, that upon the completion of the grade of Peashway Street as herebefore provided, the Board of Works of the City of South Bend shall adopt a resolution and vacate that portion of Peashway Street from the West line of Michigan Street as projected North under this Condemnation proceeding, to the present end of Peashway Street, which is at the West line of the public_ alley running along the West side of Lot Number Fifteen (15) as hereinbefore described, so that one-half of the area of the present Peashway Street within the bounds as hereinbefore specified shall revert to . and become the property and the private driveway of Elizabeth Dora Higbee, all of which the City of South Bend, through its Board of Works, agrees to do. S. The City of South Bend agrees that all work to be performed in the excavation and the regrading and resurfacing of Peashway Street is to be done in a good, workman- like manner. 0 • • 0 Witness: Dated South Bend, Indiana, this 7th day of January, 1936. Al. W. Johannes Al. W. Johannes Elizabeth Dora Higbee BOARD OF WORKS OF THE CITY OF SOUTH BEND By Frederick J. Anderson President Edwin W. Hunter Fred Woodward The purpose of the meeting having been accomplished, the meeting adjourned at 9 :05 A. M. _��?4_4_ ATTEST:. Clerk and of Pubiic