08/01/1922 Board of Public Works Minutes

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Beard met in regular session at 9:00 A.M. All members present. Attorney R. Obenchain appeared before the Bard representing Ban Peters and presented followin petition and agreements for sidetrack across l%ey Which was approved by the Boars. STATE OF INDIANA ) COUNTY OF ST. JOSEPH )SS- BEFORE THE BOARD OF r-OBLIC WORKS OF THE CITY OF SOUTH BEND. iETITION OF DANIEL A. PETERS FOR PERMISSION TO CONSTRUCT A SWITCH TRACK. To'the Honorable Mayor, Common Council and Bard of Public Works of the City of South Bend: -- Your petitioner, Daniel A. Peters, respectfully shows by this, his petition, that he and his father, Daniel Peters, are the owners of the West Half (g) of lot Numbered- One Hundred and Ten (110) an' h ghole of to s Numbered One Hun�rl d and Eleven (111) ., One Hundred and forty-two �1�2�, One Hu.ndre� send forty three 44 and, One hundred and forty-four ,(144),in Realty Censtructign Second Addition to the City of South Bend; tbat he is about to engage in the retail coal and wood business on said lots and is now engaged in the erection and construction of suitable buildings and facilit to carry on said b ulsness; and that he expects to receive approximately one hundred (100) cars ®f coal annually for sale and distributaion from said place of business "'on said lots; that for the proper and convenien$ operation of the same, petitioner has heretofore made -arrnnaements with the New Jersey, Indiana and Illinois Railroad Company, whereby the said Railroad -Company had agreed to lay a switch from its tracks to petitioners said property; that it is necessary in laying said switch, to cress the North and South alley between Phillipa Street and Carlisle Street and the alley paralleling and adjacent to the right of way of said Railroad Company, between Carlisle Street and Phillips Street. t d ermissi®n t® WHEREFORE this tetitioner rays that he he _1 nrC.n e p construct, maintain and operate he switch tracks above descKbod. DANIEL A. PETERS APPROVED BY JONES & OBENCHAIN Attorneys. AUG. 111922. BOARD OF P"JBLI C WORKS . BY L. B. SLAUGHTER President. IN THE 'MATTER OF THE PE!_'ITION FOR DANIEL A. PETERSFOR PErI ISSION TO ° CONSTRUCT, MAINTAIN SAND OPERATE A SWITCH OR DELIVERY TRACK ACROSS CERTAIN ALLEYS IN THE CITY OF SOUTH BEND. A G R E E M E N T. TIJJS AGREEMENT, is to viitness that the City of South Bend, acting bar and through its..Board of Public Works for and in consideration of the promises and agreements of Daniel A. Peters hereinafter contained, does hereby give its consent and permission to the -said Daniel A. Peters to construct, maintain and operate a switch or delivery track across the North and South alley lying between Phillipa Street and Carlisle Street in the City of South Bend, -at a point approximately one hundred (100) feet South of Dunham Street and across the alley parallel: and adjacent to the right of way of the New Jersey, Indiana and Illinois Railroad Company, at a point approximately Fifty (50) feet west of Carrlisle Street in said City. And in consideration of said consent and permi�.Rion the said Daniel. A. Peters promises and agrees for himself, his heirs, personal representatives and. assigns, that he will constrict :said track so as to cause the leash obstruction possible to the passage of persons and vehicles and maintain the said crossing so as to make the same safe and convenient for the passage of persons and vehiiles and shall make and maintain under said track at said crossing sufficient culverts and drains to admit the free passage of water along said alleys and shall at such time as theCity shall require, plank said tracks between the rails and within at least six (6) feet on each side of said rails at crossings the entire width of said alleys. And said Daniel A. Peters further convenints and agrees for himself, his heirs'personel representatives and assigns that said track shall be subject to all ordinances and regulations now in force or that may be hereafter be established by proper authority coawrning the running and operation of saaid.railroad in said City. It is further understood and agreed that the actual operation of said switch tracks shall be performed for'and on behalf of said Daniel A. Peters by the New Jersey, Indiana & Illinois Railroad Company in the performance of its duties as a common carrier of freight in antra and inter -state commence. The conseitt and permission hereby given shall be subject to the approval and confirmation of the Common Coucil of the City of South Bend.