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<br />THIRD: The plaintiff agrees that it, w111 maint
<br />of said proposed street across its land at least twe
<br />where. it now has a private roadway, and will suffer
<br />have occasion to pass through plaintiff's land to us
<br />plaintiff, providing in so doing they shall not in a
<br />the plaintiff's business and operations'. Should the
<br />or impassable, the City may' place such amount of cin
<br />on as will put the same in passable condition.
<br />FOURTH:- Any time on or after July lst., 1917, t
<br />the docket on motion of either party. Within t hi rt y
<br />pay to the plaintiff or to, ita -successors or assigns
<br />together with interest at the rate of four (4) per c
<br />of July,191 2 to the rate of such payment. If the de
<br />the terms and conditions of this- stipulation, the pl
<br />full payment and satisfaction for its damages by rea
<br />land for `a highway and as the xtt damages occasioned
<br />of all benefits P.Ad vEll dismiss this cause at the
<br />FI FTH; Upon the payment of the sum of money at
<br />in plaintiff's complaint shall be deemed established
<br />width, as fixed by the, proceedings for the establishr
<br />SIXTH;@ The plaintiff shall not be, liable: for
<br />who mity u j#Ahe strip of land pending the reinst at eme
<br />under, sMy4'obligittion to keep or maintain said strip
<br />public,. but all persons using the said strip shall do
<br />the mere li ceAse of the plaintiff.
<br />4 NOW, THEREFORE, Be it resolved, that th
<br />the land of said Company be, and the same is hereby p
<br />that the City Attorney be, and is hereby authorized
<br />stipulation with said Company of the tenor and effect
<br />same in the cause, and court above mentioned: and i
<br />and obligations made and assumed in said stipulation
<br />p any, this Board does now agree that the City of Sout
<br />and perform all the terns thereof relating to the fut,
<br />or on its part to be performed.
<br />• WHEREAS, this Board of Public 'Works of
<br />did, under its Condemnation Resolution No. 7. for the
<br />City -.,of South Bend, Indiana, app rop r1at a and condemn
<br />described real estate, to -wit:- A strip -of land Sixt;
<br />on each side of the following described center line:
<br />and Twelve Hundreths (655.12) feet east and Six Hundri
<br />(669--1/4) feet south of the North west corner of Sect:
<br />south, One Thousand five hundred and forty three and f:
<br />thence silong. a. curve to the right with a radius equal
<br />threetenths (453.3) feet, a distance of two, hundred t
<br />((229.7) feet, thence along a curve to the_ left with I
<br />fifty three and three tenths (453.3) feet, a distance
<br />seven tenths (22*.7) feet, to the south line of the nc
<br />tion 14 Twp. 37 N.R. 2 E. which point is toe center_-o-i
<br />as platted. in the George W. Swygart Plat. Excepting i
<br />ri ght of way of the I ndi ana and Lake Mi chi gars Railway
<br />tract exclusive of the right of Inds ana & Lake Vidiigi
<br />Begin at. the xorth west corner of Sec.
<br />99 feet, to the north west corner of Hyde tract; thrne
<br />119$ feet, to the east line of Bowsher tract, thence
<br />of. Sample Street, thence .east to the north west corner
<br />361.51-1/2 feet, thence east 361.51-1/2 feet to the so
<br />tract, thence south to the westerly line of Prairie .Av
<br />with the westerly line of Prairie Avenue t•o the south
<br />425.2 feet, thence south 395 feet,, thence west 7.3 fee
<br />of Indiana Avenuer thence west to the west line of Eas
<br />se,ptiox 14 Tp. �7. N.R. 2 E. thence north to the south
<br />tiox 14 thence Vest to the south west conger of said
<br />1/4 of said section 14 thence north to beg xnixg.
<br />in a clear space along the line
<br />ty feet in width at the point
<br />nd permit all persons vho may
<br />such clear Impace in common with
<br />y way unreasonably interfere with
<br />said strip become so it , rutty
<br />ers or other road material there-
<br />s cause shall be reinstated on th
<br />,ys thereafter' the _defendant shall
<br />he sum of Five HundredDollars.
<br />t. per anhum . from the _ first day
<br />ndent shall have complied with
<br />ntiff will accept said sum' in
<br />n of the appropriation of said
<br />,y such appropriation, in excess
<br />st s of the de fe ndent
<br />ve specified., the let re et.. ment i and
<br />red shall be open t o its full
<br />nt: thereof.
<br />xy injury received by any person
<br />t of this cause, nor shall it be
<br />n condition for tratsel by the
<br />to at thei. r own risk and upon
<br />opexixg of said street across
<br />stpoxed to July lst . , 1917, and
<br />,nd requested to enter into a
<br />above,- expressed and to file the
<br />consideration of the promises
<br />y the said Sande r-Egbe rt Com-
<br />Bead respect all t#he conditions
<br />re control of said prop. -Fed street
<br />BOARD OF PUBLIC WORKS.
<br />the City of Sough Bend, Indiana,
<br />opening of Union Street in said
<br />'or street purposes the following,
<br />t (60) feet wide, -thirty (30) feet
<br />Beginning Six Hundred Eighty Five
<br />d sixty eight and one fou rt h
<br />on 14 Twp. 37 N.R. 2 E. thence
<br />ve hundreths (1,543.05-) feet`,
<br />to four hundred fifty three and
<br />wenty eight and seven tenths
<br />radius equal to four hundred
<br />of tvio hundred twert y ei ght and
<br />rth west quarter (-IX) of see-
<br />the north end of State Street
<br />rom the aBove description --the
<br />Company. The Above described
<br />a -Ry. Co., cOlIt aims 117.027 Sq. ft
<br />14 Tp. 37 N. R. 2 E. thence st
<br />south 660 feet,, thence east
<br />north 66o feet to *he south line
<br />Of Wilsox's tract, thence routLh
<br />zth east corner of Wilson
<br />t.1iue, thence south yr st erly
<br />Line of S.S. & R.R. thence west
<br />�, thence south to the north line
<br />1/2 of south west 1/4 of sectin.
<br />Line of Northwest 1/4 of said See
<br />Lo rthwe st 1/4 of said zoo rt hwe st
<br />
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