10/24/1922 Board of Public Works Minutes

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513 Tuesday October 24th., 1922. Continued. The Indiana Bell Tel. Company granted permission to set the following poles and anchors. To set 7-30' poles and R anchors in the alley bet. Garst and Stull Streets from Franklin St. -to Michigan Street. Keep poles 20 feet from property line on Main St. and Lafayette St. All poles to be used jointly with I. & M. Light Co. Also to place l underground ¢ips across the alley between Main and Lafayette Streets, ,mipproximately 60 feet of 2 duct conduit. To place 2 duct conduit, from proposed pole at the side of 1121 So, Main Street to proposed pole In the rear of 1121 So. Main. Set 1-30 ft.,pole in the alley north of Stull St. between. Main and Lafayette St. To place one anchor in the alley between Lafayette and Franklin just south of Sample St. Atty, Clements appeared before the Board and presented agreement signed by the Mooren Brothers for sidetrack which was approved by the Board as follows: - This Agreement, entered into between the City of South Bend, Indiana , by its Board of Public Works, party of the first part; and Jacob Mooren and Isadore Mooren, a partnership, doing business under the name of Mooren Borthers, parties of the second part, WITNESSETH: That Whereas the parties of the second part are fruit eomwissioxers and merchants,axt doing lousiness in the City of South Bend, Indiana, and are construct- ing a ware house to be used in the handling of fruit, which warehouse will be located northeast of the tracks of the New York Central Railroad Company aard that they desire that a sidetrack shall be constructed from the main tracks of said railroad across the alley along and adjaceixt to the northeast.side of the right of way of said Railroad Company and extending diagonally from Bronson to Carroll Streets. In the City of South Bend, Indiana, to their warehouse; AND 'THEREAS the parties of the second part and the New York Central Railroad Company have entered into a separate agreement whereby the parties of the second part are to build the sidetrack herein referred to and the New York Central Railroad Company is to give them service over the same, but that by said agreement all property rights in •said �sidetrack •are -in the parties of the second part; IT,IS THEREFORE AGREED that the parties of bhe second part are hereby given the right, privilege and authority to construct, maintain and operate a rail- road track over and upon the above described alley more particularly described as follows:- A standard gauge track shall be constructed across the alley extending along and adjancet to the New York Central Railroad Company right of way and running diagonally between Bronson and Carroll Streets in the City of South Bend, Indiana, which track will cross said alley and rue in a northwesterly direction to the warehouse owned by the parties of the second part, and intersecting the south- west sideof said alley at a point approximately twenty-five (25) feet from the place where said alley is intersected by the alley immedately west and parallel with. Carroll Street and crossing over to the northeast side of said alley -at a poiA approximately fifty-(50) feet frOm the intersection of the two alleys as above set forth; that said alley and the location of said track across the same are shown by a certain marked Exhibit "A" and attached te.this agreement and made a part hereof. It Is Further Agreed that if at any time hereafter the City of South Bend, shall ca se the main tracks of the New York Central Railroad Company. opposite the sidetrack herein described to be elevated then said sidetrack shall either be removed entirely from across said alley, or said party of the second part may at its option cause the same to be elevated above said alley or removed in a manner to be approved by the Board of Public Works of said City. And said parties to of the second part agree that they will pay the entire expense of elevating said track above said alley, all of which shall be done under the direction of said Board of Public Works. AND IT IS ALSO AGREED that if at any time hereafter any other railroad company may desire to construct its tracks into or through the City of South Bend parallel with and along the north side of the main tracks of the New York Central Railroad Company, then the parties of the second part will upon the receipt of notice from the Board of Public Works of said City promptly remove the sidetrack which they are hereby authorized ao construct; and said parties of the second part hereby further, agree to construct; and said parties of the second part hereby further agree tx in cons! considertation of this grant, to surrender any claim for damage against said City or an; other railroad company for being required to remove said side=track, and said party of the second part hreby agrees that in the event its real estate is condemned for the use of any such railroad company that it will not make'any claim for damages to s*id real estate because of the fact that said real est ate had enjoyed the benefits of a sidetrack connected with the tracks of the party of the second part. 3