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<br />Also begin on the west line of Prairie Avenue 440.9 feet south westely from
<br />the south line of S.S. & S. R.R., thence west 239.9 feet south 50 feet, thence* east to
<br />the west line of Prairie Avenue, .thence south westerly to beginning. o
<br />Also. begin at the intersection of north line of Indisaa Avenue and the west
<br />line of Prairie Avenue thence west 53 feet, thence north 109-1/2 feet, thence east to
<br />the west line of Prairie Avenue, thence south westerly to beginning.
<br />Also all of lots 1,2,3,4,5,6,7,8,9,10,il,12,13,14,15,16,17-,15',19,20,21, &
<br />22 in Jas. Reynold's . sub. division of Part of B.O. Lot #91, and all of ,Bank Out Lots
<br />92 lying between the L.S. & M.S. Ry. & C.T., W. RY. belonging to the Joseph D. OLIVER
<br />Trustee, and did allow Bald company for said land the, -sun of One Hundred ($100.00)
<br />Dollars as, net damages: and',
<br />WHEREAS, said Joseph D. Oliver, Trustee, did appeal from said allowance
<br />of this Board to the St. Joseph Circuit Court, which appeal is still pending in sad,d
<br />court, and in Which appeal said Company asked for net damages in the gum of 7,500.00:
<br />and,
<br />WHEREAS, it is the opinion of the Board that the damages that may result
<br />;o said.Joseph D. Oliver, Trustee from the opening of said street to its full width will
<br />be lessened by the postponing of such opening for a period of F'i.ve years and. permitting
<br />the said Joseph D.Oli ver, Trustee, to enjoy the use of its land for said period as here-
<br />in below stipulated; and,
<br />WHEREAS the said Co ipany, through its attorneys, has signified its yd ll-
<br />ingness to enter into a gt pulation with the City for the compromise and settlement of
<br />said appeal in the words and figures following:
<br />ST. JOSEPH COUNTY, SS. IN THE ST. JOSEPH CIRCUIT COURT.
<br />k•
<br />JOSEPH D. OLIVER, Trustee,
<br />Vs.
<br />s
<br />Stipulation
<br />CITY OF SOUTH BEND,
<br />It is hereby stipulated and agreed by and between the parties hereto, .as
<br />f0llows,t o-wit
<br />FIRST: This cause :,.all be stricken from the docket, and shall be re -instated a fte
<br />but not before July lst . , 1917.
<br />SECOND: At anytime after July 1,1917 said cause shall be re -instated on the
<br />dockets of this court, on motion of either party, and the court shall, upon motion of
<br />either party enter judegement in favor of the plaintiff, and against the defendant, for
<br />the sum of Two T'-lousand Dollars. ($2,000.00), plu- interest on the sum of $2,000.00
<br />from July 1st., 1912 to the date of such judegement, at the rate of Six (6) per cente
<br />per annum. and costs: of suit, as and for his net damages for the opening of the pro-
<br />posed street described in plaintiffs complaint, in excess of. all benefits.
<br />THIRD. Ponding the re -instatement of this cause, the proposed street described
<br />in plaintiff's. complaint shall not be opened across the lands of plaintiff; nor shall
<br />any grading be done, sewers, water or gR� pipes, curbing oe paving laid, or electric,
<br />telephone, telegraph, police or fire alarm or other public service poles and wires be
<br />c-rected or installed or other public improvement made or obstruction placed within the
<br />limits of the proposed street upon.plainti tf's lanes, it being he in,ent -end purpose
<br />of this stipulation to secure to plaintiff the free and inrestricted right to,.:the ure
<br />of said f land for gardening, farming and other purposes during the period aforesaid, ex-
<br />cept am. hereinafter stated.
<br />FOURTH: The plaintiff hereby leases to the City of South Bend for the use of
<br />its inhabitants from the date hereof until July lst., 19172 a strip of land twenty (20)
<br />feet in width, along the entire length of the land sought to be appropaiated for --,Such
<br />.treet, in line with the private roadway• now being used by San.d:e•r Egbert Company, on its
<br />land lying immediately north of plaintiff's land, and agree tc) mai nt ai n. su eh strip f re e
<br />and clear of obstruction, and to nPrn t all pe»ions deAir;ng to cross said land during
<br />said period to use said twenty foot strip in common v+ith plaintiff, provided, that in so
<br />doing they do not in any manner molest plaints ff's property of interfere with its business
<br />and - operat.on3.
<br />
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