08/16/1927 Board of Public Works Minutes

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TUESDAY AUGUST I6th., 1927. r • by this agreement, grant to the Chicago, South Shore and South Bend Railroad authority to construct, maintain and operate two industrial spur railroad tracks wihhin the City of South Bend, overrp upon and across Olive Street as follows: The first of said spur tracks shall begin at a point on the west line of Olive Street seventy seven feet north of the northwest corker of Olive Street and Orange Stree in said City; thence across Olive Street in a southeasterly direction, all according to the blue print attached to this contract and to the petition for said grant as indicated thereon. The second of said spur tracks shall begin at a point on the west line of Olive Street and ni#ety five feet north of the northwest corner of Olive Street and Orange Street in said City; thence across Olive Street in a southeasterly direction, all according to the blue print attahhed to this contract and to the petition for said grant and as indicated thereon. This grant is made upon the express condition that t':.e spur track now existin6 on Olive Street to the north of the right of way of said railroad shallbe removed contemporaneously with the construction of said two spur tracks, and upkn the further express condition that the said two sput tracks across Olive Street shall be constructer so as to conform with the established grade of said street and upon the further express condition that said Chica gom South Shore and South Bend Railroad s#eii plank the street between the rails of .said tracks and for two feet. on the outside of said rails with planks not less than two inches in thickness, which shall at all times be kept securely in place and to the grade of said street and shall in the maintenance of said tracks in all things comply with the laws of the State of Indiana and ordinances of the City of South Bend. IN r7ITNESS 10MEREOF the Department of Public Works, acting for and on behalf of the City of South Bend, has caused this agreement to be executed by its duly authorized officers on the I6th., day of August, 1927, and the said Chicago South Shore and South Bend Railroad has hereunto caused its named to be subscribed. DEPARTMENT OF PUBLIC iORKS BY W. R. HINKLE JOHN J. OLEJNICZAK RALPH H. KUSS. CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD COMPANY BY CHAS. H. JONES. The Board signed the contract between the City and the Chicago, South 'shore an. South Bend Railroad Co., for the construction of spur tracks on and across the alley running north and south bb6tween Olive and Carlisle, immediately north of Orange Stree in the City of South Bend, Indinana. Contract as follows: C 0 N T R A C T. "This Agreement made and entered into by and between the City of South Bend, an incorportated city of the State of Indiana by and through its Department of Public Works and the Chicago, South Shore and South tend Railroad, an Indiana Corporation, Witnesseth: That the Department of Public Works of the City of South Bend, Indiana, does by this agreement grant to the Chicago, South shore and �outh.Bend Railroad authority ti epnstruc3t, maintain and operate,two industrial spur railroad tracks within the City of South Bend over, upon and across the alley running north and south between Olive and Carlisle street, immediately north of Orange iDtreet in the City of "wouth Bend as shown upon the blue print attached hereto, made a part hereof and marked Exhibit A. This grant is made upon the express condition that the spur track or tracks now existing at the present time shall be removed contemporaneously with the construct- ion of said two spur tracks, and upon the further express condition that said spur tracks across said alley shall be constructed so as to conform with the established rade of said alley and upon the further express condition that said Chicago, South hone and South Bend Railroad shall plank the street between the rails of said tracks and for two feet on the outside of said rails with planks not less that two inches in thickness, wh_eh shall at all times be kept securely in place and to the grade of said alley and shall in the maintenance of said tracks in all things comply with the laws of the State of Indiana and ordinances of the CW; of South Bend. Nothing in this contract, shall be construed, however, to mean that there steal: be any change in the present right bf way of said railroad. In witness whereof the Department of Public Works, acting for 'anal on behalf of the City of South Bend, has caused this agreement to be executed by Its -duly authorized officers on the I6th., day of Autist, 1927, and the said Chicago, South Shore and South Bend Railroad has hereunto caused its named to be subscribed. DEPARTIJI ENT OF PUBLIC WORKS BY W. R. HINKLE i� JOHN J. OLEJNICZAK RALPH H. KUSS CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD COMPANY BY CHAS. H. JONES