03/21/1923 Board of Public Works Minutes

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' 2. To dodica`te for public use as'a part of Sample Street in said Ci$ City, sufficient, land off of all property now owned by said c"oration between Prairie -Avenue and Lafayette Street to widen Sample Street, to a width of seventy feet, The whole of said additional width shall be taken off of and dedicated from theland-on the south side of Sample Street, The 'lines of said street s al shall be made�stralght and parallel, Provided 'however,'�tha't &-s this corporation now has certain construction and buildings upa said strip which it is now using in its business it is understood said construction Samxtkxtx and buildings shall not be removed for a period of two years from -this date at which time the same shall be removed and the same shall be thrown dpen for public use, and at which time the said corporation agrees to buildtk side -walks on each side of said. 'street of the approximate -width of eight feet and shall pave with some good pa.. paving material --the remaining portion of said street, which pavement shall be fiftyifour feet in width. Provided, -however, th t this dedication is made upon the condition that the said City of South Bend shall within said two years con- demo sufficient property "on said. Sample Street west of Sample Street which be- longs to other persons'so that said Sample Street may be made seventy feet in width -continuously from Lafayette Street to Prairie Avenue 3 The said dedications are made upon the further condition that if,the City of,South Bend shall further widen Prairie Avenue by condemning land on,the west side of Prair:E Avenue, that no assessments for such condemnation shall be assessed against the said property of the Studebaker Corporation east 6 -of Prairie Avenue. 4. The said corporation further agrees in the event of the vacatin of said streets and alleys that it will relocate and connect the sewers which are on Chapin ,'Keztdall and Catalpa Streets with the sewer on Prairie Avenue without*any cost to,the City or any other property owner; said sewers shall be ° constructed under the direction of the Soard of Publid Works, who shall have the authority to determine the plan of construction; and that it will dedicate for public purposes sufficient ground on the north side of.east and west alley bet-y tween Leon Court and Stull Streov and extending frdm Prairie Avenue to the east line of Kendall Street, sothat the same will make a street fifty feet in width and that it will grade, curb and pave said street from Kendall Street to Prairie Avenue, so that said pavement kill be thrity feet in width; and that they will also construct cement sidewalks on the south.side of said street; all of which paving and -construction shall be done at the cost of this corporation and with- out expense to the City or other property owners, 5. It is further understood and agreed that in vacating said streets and alleys that the Board of Public Works of said City shall have,the right to determine for itself the amount of assessments of benefits and damages, but this corporation reserves the right tax granted to it by law to appeal from any such assessment. 6. It is also understood that the City of South Bend may relcaim and take up out: of any of the streets to be vacated any water pipes therein laid which become obsolete, the same shall be done before this corporation desires to build on said -streets and shall be done at the expense of said City. It is also agreed that if at any time the pving bricks shall; be taken up by the Studebaker Corporation from that part of Tutt Street which is to be va,-ated that the City shall have the right to claim the same and to -remove then at its own expense. 7. As a part of this proposal, the said corporation hereby submits to said Board an instrument dedicating_to the use of the City the land described An N69,1,2 and 4 above, which dedication is duly acknowledged by the officers of said Company and entitled to record in the Recorder's Office in the Coushy of St. Joseph. ' THE STUDEBAKER CORPORATION. NK JFC- W.W.A. BY N. R. FELTES. Treas. ACCEPTED THIS 21st. day of. _ March .1923. L. B. SLAUGHTER L, P. HARDY ALBERT F. HONER. Board of Public Works. �2A Clerk of the Board. ._._. Pre i dent.