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126
<br />AGREE11ENT.
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<br />WHEREAS, the City of South Bend, by and through. its Board of Public Works,
<br />/deems it a public necessity to construct a sewer in said City, wiIich said lisle of
<br />sewer will pass across the., right-ef-way of the Lake Shore & Michigan Southern. Railway
<br />Company, in said City, at a, point known and. desi aced as Bo ma Creek, and through
<br />said Railway Company's stone arch culvert No. 62, and which said sever will be con-
<br />structed and laid below the bed of the Creek, running through and under said. stone
<br />arch culvert No-62 and across the said right-®f-way of said Railway Company; and
<br />WHEREAS, t fie said L�;,ke Shore & Michigan, Southern Railway Company, in eon-
<br />sideratiox of the right of said City to condemn and appropriate an easement for the
<br />purpose of laying said sewer across its said right-of-way and through said culvert, as
<br />aforese:id," (I.esires to gr, gat to said City said ease .ent which it could acquire by cola-
<br />demnatiox;
<br />IT IS THEREFORE AGREED by the City of South Bend, by and through its
<br />Board of Publien Works, Party of the First Part, and The Lake Shore & Michigan
<br />Southern, Railway Company, Party of the second Part, in consideration of the mutual
<br />covenants and agreements hereinafter contained, that the said City of South Bend may
<br />enter upon said.. right-of-way for the purpose of laying,building and con.struetixg
<br />said sewer ever and across said right -of- ,ay, following the bed of said Bowmax Creek
<br />through said stone arch culvert No-62.
<br />And the City of South Bend shall have the right to perpetually maintain
<br />said sewer upon said line, and to re-enter upon said premises and the" ad jaeen.t prestisq
<br />for the purpose of making repairs or re -constructing. said sewer, but 'such work so ex-
<br />tered into and upon by said City, in the maintenance or repairs thereof, shall at no
<br />time interfere with the business of said Railway Company, nor shall said City make any
<br />change in said sewer under the tracks of said Railway Company without notice to said
<br />Railway Company of the kind and character of said repairs anticipated or intended by
<br />said City.
<br />It is FURTHER AGREED by the parties hereto that said sewer shalll be con-
<br />structed across the right-of-way of "said Railway Company, two rings of Danville sewer
<br />Brick reinforced with twelve (12) inches of coxerete, and that the same shall be laid
<br />to such a grade that the top of said sewer shall be below the present bend of Bowman
<br />Creek; and said City further agrees that each side of said sewer where the same passes
<br />through said stone arch culvert, said city will fill in from said sower to the walls
<br />of said culvert on each side of said sewer, with cement grouting; and said City will
<br />further re-eoxstruct the bed of said Bovmax Creek across the right-of-way of said
<br />Railway Company with cement concrete, in such` a manner that the same shall constitute
<br />a good aAd substantial bed for said Creek, and will protect the banks of said Creek
<br />and the bed thereof from washouts which would be then caused or threatened by the con-
<br />struction of said sewer; all of which work small be done without any cost or expense
<br />whatever to said Railway Company; Provided, however, that said Railway Company -shall
<br />be assessed for the, construction of said sewer district, the sane as other property
<br />owners are assessed for the construction of said surer, and not otherwise;
<br />And said City Further Agrees that in the event the construction of said
<br />sewer in the. manner adopted by said City shall fbstruet, said Bowman Creek so that
<br />the flow of the water through sand Culvert Me. 62 is retarded, thereby eausixg
<br />overflow of lands to the south of said culvert, to the ix jury and damage of the pro-
<br />perty owners, said City will render and hold -said Railway Company free from all such
<br />damages arising because of such eexstructiox, A ,d. 7.lril�. pay sued damages as lay be
<br />assessed against said Railway Conpcny, occasioned by the constniati.ev of said sewer_
<br />as aforesaid.
<br />It Os Further AGREED by the said City of South Bend that in the cox-
<br />struetiox of said sewer, the walls of said arch or the base or douxdation thereof
<br />shall not be molested or changed or affected in any way, and t At said stone arch
<br />will not in any way be ix jured or damaged or weakened by said City, its employees, -
<br />contractors or agents.
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