03/28/1923 Board of Public Works Minutes

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1923. Continued. Hearing given on Vacation Resolution Noi 73.for the R vacation of First Alley West of stain Street from Broadway to the south line of Lot No. 30 in Stull's 3rds Addition , in the City of South Bend, Indiana. g- F In the above matter no remonstrators appeared , Attorney W. Carlisle representng Anderson,Parker Crabill and Crumpacker attys for the Ward Baking Company the petitioners appeared and -filed easement which ryns aDprot Re- ap roved and made a part of this record. gaeolutlog i.8 1�dreby modified to read-Sog;11A ��axe3 ,B.01VA declare the above described property in ail things, vacated and this resolution in all things ratified, confirmed and approved, as modified. Resolved fu.rther..that the City Engineer be.instructed.to prepare a roll showing awards of damages and assessments of benefits to all parties interested in the above matters B�tSENT The Ward Baking Company gives, bargains, sells and conveys to the City of South Bend, Indiana, its successors and assigns, forever, an easeme* far Public Utilities designated by the City to maintain electric wires on poles above the ground,.or in conduits through the ground in, over, under, through and above the following described real estate in Stull's Third Addition to the City __of South Bend, St: Joseph County, State of Indiana, which real estate was forme part of the first alley west of Main Street running in a northerly and southerly dire ction between the south line of Broadway street and the North line of lot Numbered thirty in Stull's Third Addition in said City of South Bend, said real estate being more particularly described as followst- Starting at the point formed by the intersection of the South line of said Broadway street with the Fast line of the right of way of the P. C. C. & St. L.- Pailroad Company; thence in a southerly direction along said Fast line of said right- of way to the point formed by the intersection of the north property line of Lot numbered thirty in Stull Third Addition with the said east line of the said right of.way; thence in an easterly direction along said north property line of lot numbered thirty a distance x of four Peet; thence in a northerly direction on a line parallel with the East line of the said right of way to the point -formed by the intersection of said line parallel to said right- of way and the south line of said Broadway Stre# ; thence west to the point of beginnings It is further agreed that should.the City of South Bend, itself at any time desire to avail itself of the right to lay conduits or erect a line of poles as heretofore provided, on.the land aoforessid or should it grant to any public utility the right to do so, the Ward Baking Company, its -successors or assigns may in lieu thereof designate a right of way therefor four feet wide on and along the east half of said alley if such use of the said west half thereof would seriously interfere with the use of any tracks or other structures which may then be upon said west half, provided further, that if,,... and when any such change is directed by said Ward Baking Company, its successors or assign, it involves the movement or re -location of any conduits, poles, or wires of other such property placed on the west four feet of said alley under this easement then this change shall be at the sole expense of the Ward Baking Company. This easement is granted in consideration of the vacation by the City of South Bend, Indiana, of the whole of the first alley West of Main Street running in a northerly and southerly direction from the South line of said Broadway Street to the north line of lot Numbered Thirty is said Stull's Third Addition to the City of South Beta, Indiana. In Witness Whereof, The -Ward Baking Company has caused.this indenture to be subscribed by its Vice President, and the Secretary, and the seal of the copporation to be hereunto affixed by the Secretary this 24th. day of March 1923. WARD BAKING COMPANY (SEAL) J. B. ARTHUR Vice President. State of Npw York W. C' Evan ecreary. Brons County SS Be it Known that on the 24th. day of ftrch, A. D. 1923.' before me the undersigned, a Notary Public, duly.commissioned in and for said County and duly authorized to administer oaths and take acknowledgements