02/18/1924 Board of Public Works Special Meeting Minutes

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12i; and damages incident thereto assessed as by law provided, in which event the first party will pay any excess of damages over and above benefits that may be found,to exist �y.reason of the opening of said new street. In Consideration df the opening of said new street, Ate party of -the saonnd party will cause, to be vacated and abandoned for street purposes the following portions of streets; South Street from.Taylor Street to Main Street, and Williams Street and Franklin Street from saidnew st-r"'L to South Street, or it will vacate at least so much of saaiid' street to South Strdett or it will: tacate at least so much of said streets as may lie within the limits of the rights of. way of the party of the first part, as shown -by - the general plans Exhibit A. ( 7) That the "ik of securing the right of -way for ,'the altered route, and the preliminary work on said relocated line of railway, shall be begun at- once, and shall be completed within three.years, and then the oonstruotion of said new elevated line of railway stall be completed within six .years from Augustlst.s 19239 provideds the sara# shall not be interferred with or delayed by litigation, strikes, riots or other causes beyond the control of ,the first party hereto;.and`on the completion of said New elevated line and the opening thereof to traffic,.the right of the party of the first part to occupy Division Street west of the east line of Michigan Street shall terminate, and it may remove its rails, ties and plankings therefrom. (8) That the party of the first part will, on or before the expiration of said six gears (unless said period of time is extended as aforesaid by causes beyond the control of the first party).abandon its present passenger station in said City, and construct a- new passenger station on said new route, and that if it is deemed praeticable.by it to make arrangements with the New York Central Railroad Company for the construction of a union station to be used jointly by said two oom» panies, the same shall be done. (9) That the party of the first part may build and perpetually maintain a new freight terminal and as may team, house and other -L:tracks as it may deem necessary on that part of Division Street -east of Michigan Street and west of Lincoln lay East and also on and along its present.right.of way and on the property which it now owns,,or which it may.hereafter acquire between said points east of Carroll Street(Not however north of the north line of Lot 323 in the'Original Plat of South Street extended east) and across all intersecting streets and alleys, and that it shall have and enjoy the perpetual right to maintain and operate a'freight service over its present.line of railway located east of said Michigan Street. (10) That the party of the first part may construct and perpectually maintain its main elevated line of railway on said altered route in manner as afore- said.and as hereinafter provided, and may perpetually maintain its.existing tracks, sidetracks and train tracks from EighteenthStreet ( formerly Greenlawn Avenue) to the east line of Michigan Street for freight service as -aforesaid, and may build and maintain its freight house and terminal and team track yards, and passenger station as aforesaid. (11) That the party of the first part shall be permitted to construct a part of its freight terminal and tracks over that partg of Carroll Street and D v Division Streets described as follows$ Beginning at a -pain t on the west line of Carroll Street twenty (20) feet north of the south line of Division Street; thence north along the west Tine of Carroll Street to the north line.of lot number three hundred twenty four (324) in original plat of the town (now City) of South Bend; thence east, across Carroll Street on the north line extended. B lot number three hundred forty-three (343�) in,said original plat, to Meeeast line of Carroll Street thence south along the east line'of Carroll Street to a poiAt twenty (20) feet north of the south line of, Dividion Street; thence west to the placeofbeginning. (12) That the said party of the first part shall have the exclusive occupancy of Division Street east of Michigan Street to Lincoln Way East and of the above described portion of Carroll Street for team and other tracks and freight house uses, and %hat it shall eontinue.to have such right from and.after the time that it has abandoned ,and surrendar+d its use of its tracks on Division Street west of the east line of Michigan Street as aforesaid. (13) To the end heat said party .of the first part shall in case it. so desires have the exit usive enjoyment and use of said portion of Carroll Street as -aforesaid, the party of the second part agrees, if and when regnasted_so to do by the first party, to secure said right for said party of the first part in one of two ms to be determined by the Board of Public Works of said City at its options viz: . By the vacation of that portion of Carroll Street asuthe easement of benefits and damages as provided by.la1v or (2) by the construction of a subway by the party -of the first, part, north and south under said part of Carroll Street ) -with -wi-th proper approaches$ provided the request aforesaid must bemad& within ten years from August 1,1923.