06/1905 Board of Public Works Minutes

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Tuesday June 20th, 1905. Proposition and settlement of the Major case on Vistula avenue Settled on the 27th day of January 1905. State of Indiana 0 4 SS. St. Joseph County In the St. Joseph Circuit Court, Casimir Major November Term, 1904. � Vs John W. Papczynski et al. It is hereby stipulated by and between the parties in the above entitled cause that the title to the following described property, to -wit: All of that part of lot four(4) in the partition pl'9t of Samuel Leer Estate, which lies between the following described lines, and claimed by Casimir Major et al, as Mot being a part of the Vistula Road (Avenue) but belonging to said Major, et al, t©-wit: _ Beginning at the point of intersection of the East line of said lot four (4), and the north line of Vistula avenue, as defined being thirty-three (33) feet at right angles from the center line of said Avenue, thence north 740 24' West One thousand one hundred ninety-nine and one half (12199 1/2) feet to a point 28.025 feet north of the center of Vistula avenue, thence north 5.8 feet, thence south 74° 47' East Six hundred twenty -Pour and one tenth (624.1) feet on a line parallel to and thirty-three (33) feet from the center line of Vistula avenue,, thence south'72* 37' east five hundred seventy-five and one tenth (575.1) feet on a line parallel to and thirty-three (33) feet from the center line of Vistula avenue to the place of beginning, shall be quieted in the defendant, the City of South Bend, Indiana, as and for a public'higriway, road and street, the same to be quieted at the cost of the Plaintiffs in said suit. Is is further stipulated and agreed that the street -car track, as now laid along and adjacent to.said property shall in no event be laid nearer to the North Street line, than they now are; that the said City shall not undertake to force said track to be laid closer to said north line of said Vistula avenue than they,are at the present time. (North It is further stipulated that if a side -walk should ever be placed upon the side of Vistula avenue, the same shall be made flush with the north curb of I said Avenue where the same passes along the property belonging to the Plaintiffs A in this case. It is further stipulated that the Plaintiffs in the above entitled cause shall be released and relieved by the City of South Bend from any assessment for the grading and curbing of said Vistula Avenue along their property as now assessed. It is further�stipulated that no,service poles shall be set between the sidewalk and curb line. It is further agreed that this stipulation be made a part of the order in suit now pending,,and spread upon the Records of the Board of Public Works of the City of South Bend, Indiana. It is further stipulated that -in case said street is paved, that the street car tracks shall be brought to the grade of said street, and the said pavement to extend to the north curb line of said street. SIGNED this 27th day of January, 1905. (Signed) Joseph G. Orr Attorney for Plaintiffs. Frank H. Dunnahoo Attorney for Defendant. President. `1