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Granting an Easement to Chicago South Shore and South Bend Railroad to lay Railroad Tracks Across Streets
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Granting an Easement to Chicago South Shore and South Bend Railroad to lay Railroad Tracks Across Streets
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5/21/2013 4:08:48 PM
Creation date
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
2/11/1980
Ord-Res Number
6745-80
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ORDINANCE NO. 6 7 I/ ",'0 <br />AN ORDINANCE GRANTING AN EASEMENT TO CHICAGO <br />SOUTH SHORE AND SOUTH BEND RAILROAD ALONG <br />BENDIX DRIVE AND RATIFYING PERMISSION TO LAY <br />RAILROAD TRACKS ACROSS STREETS. <br />STATEMENT OF PURPOSE AND INTENT: <br />The purpose and intent of this Ordinance is to ratify the action <br />of the Board of Public Works, City of South Bend, Indiana pertaining to <br />the relocation of the Chicago South Shore and South Bend Railroad's <br />track in Bendix Drive, from Westmoor Street north to Lincoln Way West. <br />Moving the railroad's track to the east side of the right -of -way will <br />enable the City to construct a well- engineered street with good drainage. <br />Bendix Drive is a public street in South Bend, Indiana, extending <br />in a northerly and southerly direction and as said street extends in part <br />from Westmoor Street to Lincoln Way West, there is a track of the Chicago <br />South Shore and South Bend Railroad located in the traveled portion of the <br />street, and the street in its present condition is difficult to maintain <br />and to provide proper drainage; and the City,desires to improve Bendix <br />Drive and to construct new curbs and gutters from Westmoor Street to Ardmore <br />Trail and to remove the South Shore railroad track from the traveled por- <br />tion of said street; and the Board of Public Works of the City of South <br />Bend (City) and Chicago South Shore and South Bend Railroad (South Shore) <br />have entered into a Land Exchange Agreement dated November 6, 1978; and <br />South Shore has executed and delivered a Quit Claim Deed to right -of -way <br />between LaPorte Avenue and West Colfax Avenue in the City of South Bend, <br />dated December 14, 1978, to City as provided for in the Land Exchange <br />Agreement; and the Chicago South Shore and South Bend Railroad desires <br />to relocate its railroad track from the traveled right -of -way of Bendix <br />Drive to a right -of -way 21 feet in width along the east side of said street <br />extending from a point approximately 200 feet south of Prast Boulevard <br />to Lincoln Way West; and the Board of Public Works of the City of South Bend <br />has heretofore granted written permission to the Chicago South Shore and <br />-1- <br />
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