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12a,
<br />Board met In special session*at 10:00 A.M. All members present.
<br />Mayor Seebirt and -City Engineer Anderson,prosent,
<br />The following agreement signed in Triplicate were approved by the
<br />Board.
<br />THIS AGREEMENT9 Made this 18th. day of February 1924by and between the
<br />Grand Trunk Western Railway Company, a railroad oorporationtsparty of the first part, and
<br />the City of South Bonds a municipal corporation in the State of Ind", bey and through
<br />its Board -of Public Works, party of the second part,VITNESSETH:
<br />'WHEREAS, the party 6 the first.part now owns and -operates a line of
<br />interstate steam railway for the carriage of both freight and passengers for hire, which
<br />said line is located,, in-partj on and along Diviaion Street in the said City of South -Bend,
<br />AND, WHEREAS-, public necessity and conveniences as well as the public
<br />safety and welfare, require.that said line of railway be removed from a part of said,,
<br />Division Stroetq, its route altered, and -relocated within th_p limits of, said City, -And that
<br />there be %. separationl6f the gradez..of the tracks ofsaidrelocated railwaytand intersect-
<br />ing streets along a portion of said altered rout*4
<br />NOW, THEREFORE-9 it is -agreed between the partiesasfollows:
<br />(1) That not later than six years. from August 1st.9 1923s the party
<br />of the first part will remove its rails; ties* and .-all its'equ.6pment'and property from that
<br />part said Division Street which lice west of the west line of Michigan Street and will on
<br />or beforolsaid time surrender and release to -'said C-ity.the right of way of the ;arty of the
<br />-
<br />first part on:said,.part of Division Street west of the east line of Michigan Street, and
<br />that Itl.'will not :use. said part -of said street dor railway a purposes after such removals
<br />provided that the- removal; -relocation and elevation of -.said tracks is not delayed by
<br />strikest-riotss-littgation or-othei-causo not within the -oontrol,-,of said, .flr,-stz7party.
<br />(2)That -6h-4 �p�a r t�y o f the first part will secure, a. .net right of way
<br />.
<br />through the said City from a:,poin-C-- near the: intersection of it,'a�,:prese..nt..right;z.of�,-,way and
<br />Eighteenth, -Str*W(formerly _Groenlawn_-Avenue) to a pdinti�'hear-th6�'interseo'-tion--of its
<br />-way and that the New York Central R411road`-Compainy -near Arnoldresent right of ' Streets
<br />all approximatoly,as.shown by the,map,her*to attachedg.. M�4e.,a_ part hereof, and Marked " E
<br />Exhibit A%
<br />_3That the_p&'ty of the first.part
<br />;80i I r have"tioritht jakd privilege
<br />'track''
<br />Aoubli
<br />of cons-6ructing withinsaidperiod of'.time, a line ofy on
<br />said lt*red rout* and over all in"rseotin streets provided and I shown
<br />a9
<br />by the! profile -and schedule, of dimensions,, clearance.st-*tc. , horoto A-11tackedl marked
<br />exhibits-,".B" and.."C"q and made a part.-,hor*of 9 or,accordin g :to any changes.tlaerein which
<br />may be agreed to by.- the; parties as. -the work progresses, and -.also theright and privilege
<br />of constructing such other tracks ;at."any future- time, as- may., fr om time:: to'. time be deemed
<br />necessary by it; provided, however, that 'the whole expons*.of.1constructing and elevating
<br />more than said double track railway shall be borne by the party of the_,first partqi and
<br />that the same shall be elevated -and the grades shall be separated at the same points as
<br />herein spetified fe the saie first two tracks, and that any &&Iitional'traoks must be
<br />annstructed within the limits of the said right of way. -of tho;-firstparty.
<br />(4) That the said altered route shall be approximately paralfibl
<br />and nearly contiguous to the north line of- the. present. railway right'of �W_fty of, the New
<br />York Central Railroad Company through said City front a.-petaIL ovheEra ' north line of
<br />said right of way intersects Clinton Street ( if produced southerly) in said City to a
<br />point about one hundred'(100) feet east of the present intersection of said right of ways
<br />Of the party of the first part and the Now Tork Central Railroad Company, except as herein-
<br />after provided.
<br />(5) That hk* party of the first part will,
<br />construct its elevated
<br />tracks over the following streets and alloys on its altered r4ttk6*0 to -wit:- Thrush ' Street
<br />extended northward, Mishawaka Avenues North-sid*.Boulavardl Lincoln Way East, High Streets
<br />Marietta Streets Sample Streets Rush Street, -Fellows Streets. Bronson Street,, Michigan
<br />Street, Main Street,, Lafayette Boulevards Taylor Streets Scott Street andChapinStreets
<br />In accordance with the law of the State of Indiana relating to the change of grades of
<br />streets at their intersections with steam railroad tracks and for the depression
<br />or ele-
<br />vation of such tracks, all as provided in Ckapter 36 of the Acts:of the -General Assembly
<br />of the State of Indiana for the year lg23.
<br />(6) Th&t the party of the fIr6 I t I part will open and Onnate to public
<br />use a street sixty-three and one-half (6301"11$ feet in width on the north side of Its pro-
<br />posed altered rout* from Taylor Street east to Main Streets which shall include the alley
<br />that is now located between South Street and Monroe Street. If the first party shall be
<br />unable to purchase tko,land necessary for the opening of said new streets or if for any
<br />reason it shall deem it inadvisable to do so, then, upon notice to the second party to
<br />that effects the second party will cause said now street to be opened and the benefits
<br />
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