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

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ruary 18.,...1924 Continued. , north side of tho present street.; ands whereas,_ the party of the second part also contem- plates thewidening of. South Fellows Street.*the point where it crosses said proposed route from its present width of 40 feet to -a total width of 60 Feet,; and` to take' the land required for such additional width from the east side of said streetq therefore it is agreed that ;the party of the first, part will.,p-rovide a street opening 80 feet in width at � said Samp-Xe Street, crossing, and a street opening 60 feet in 'widish at said South Fellows Street opening The,, party of the second part Agrees to, relieve the party of the first part. from all:.cost or expense incident to the widening.of said Streets and for the purchase or condemnation of the land required th6 efor. 'Should. 'the legal proceedings incident to the widening of said�� streets, or -'either of them, not. be enncluded prior to the acquisition by the party Of the first part of the land required for its altered route over suddacross the street intersections oforesaid, then the party of the first part may acquire by pur- chase or codemnatinn the land.whch will become neoessar`y "for,the widening of said Streets, within the limits of said' altered route, and the party of the second part,: in such case, will' `repay t,o the party of a the first part t)ze cost of the land `thus acquired, which is If a'4y portion of such land within the limits of said Streets As proposed to be widened.. shall eonstitute a part of a larger tract, part of which may lie within the limits of such widened streets, andpart within the limits of proposed right of way, then the party of the second part will pay to the party of the first part that proportion of the cost theref as the, area of the =part lying within .the limits of the proposed,wi-derned street shall bear to the part which may lie within the limits of the proposed right of way. (29) This contract shall not be binding upon the parties hereto until the same sh-111 have been ratified by an ordinance adopted by`the Common _Council of the City of South Bend, Indiana. The ratification of this comtract- by said Common Council shall constitute its approval and sanct=inn of all action and proceedings required herein to be taken by the Board of Public Works for the opening and vacation of streets and parts of streets, and the appropriation of land, which may become necessary in order to carry this agreement into effect'. IN WITNESS WHEREOF the,parties have cau--3ed their respective corporate names to be signed -and their corporate seals affixed hereto and attested by the hands of their CD duly authorized officers on the day, and year first above written'. GRAND TRUNK WESTERN RAILWAY COMPANY By H. W. THORNTON President ATTEST: W. C. TOMKINS Secretary RECO J14ENDED H E WHITTENBERGER General. Manager Atte t: Clark of tha Board. CITY OF SOUTH BEND, INDIANA_ By L. B. SLAUGHTER L. P. HARDY ALBERT F.- HONER Board of Public Works