Granting an Easment Chicago South Shore Along Westmoor St Lay Railroad Tracks Across Streets

Home Browse Search

ORDINANCE NO. 5663 -74 AN ORDINANCE GRANTING AN EASEMENT TO CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD ALONG WESTMOOR STREET AND RATIFYING PERMISSION TO LAY RAILROAD TRACKS ACROSS STREETS. WHEREAS, Westmoor Street is a public street in South Bend, Indiana, extending in an easterly and westerly direction and as said street extends from Sheridan Avenue to Bendix Drive, there are tracks of the Chicago South Shore and South Bend Railroad located in the traveled portion of the street, and the street in its present condition is difficult to maintain and to provide proper drainage; and WHEREAS, the City desires to repave Westmoor Street and to construct a new curb and gutter on the north side thereof from Sheridan Avenue to Bendix Drive and to remove the South Shore railroad tracks from the traveled portion of said street; and WHEREAS, the Chicago South Shore and South Bend Railroad desires to relocate its tracks between Sheridan Avenue and Bendix Drive off the traveled portion of said street and to do so requires an easement from the City 21 feet in width along the north side of Westmoor Street extending from approximately 200 feet west of Sheridan Avenue to Bendix Drive; and WHEREAS, the Board of Public Works of the City of South Bend has heretofore granted written permission to the Chicago South Shore and South Bend Railroad to reconstruct its railroad tracks on the Westmoor Street right -of -way across Sheridan Avenue, Iowa Street and Kentucky Street. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. That the Chicago South Shore and South Bend Railroad be, and it hereby is, granted an easement 21 feet in width along the north side of Westmoor Street in South Bend, Indiana, from a point approximately 200 feet west of Sheridan Avenue to a point at the intersection of Westmoor Street and Bendix Drive where the existing South Shore tracks are located in Bendix Drive for the purpose of constructing and maintaining a railroad track and connecting to existing railroad tracks at the east and west end thereof, such track to be of open construction except at the inter- sections of Sheridan Avenue, Iowa Street and Kentucky Street where there shall be closed construction. SECTION II. Written permission of the Board of Public Works of South Bend, Indiana, having been obtained by resolution of said Board adopted on the 15th day of April, 1974, to lay a track in the right -of -way described in Section I hereof across Sheridan Avenue, Iowa Street and Kentucky Street, such permission of the Board of Public Works is hereby ratified. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and fulfillment of all statutory requirements. Passed May 13, 1974, as amende