Ratifying, Confirming & Approving Contract & Agreement Between City of South Bend and Studebaker Corporation

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-2- Beginning at a point forty (40) feet due South and forty and nine hundredths (40.09) feet due West of the intersection of the North line of Section 26, Township 37 North, Range 2 East, and the East line of the Northwest 1/4 of the Northeast 1/4 of Section 26, Township 37 North, Range 2 East, thence West along the South line of Chippewa Avenue a distance of fifty -eight and fourteen hundredths (58.14) feet, thence Northeast at an angle of twenty -nine degrees and forty minutes (290 401) a distance of ninety - two and seven hundredths (92.07) feet, thence East a distance of fifty -eight and fourteen hundredths (58.14) feet along the North line of Chippewa Avenue, which line is forty (40) feet North of the South line of Section 23, Township 37 North, Range 2 East, Thence South- west at an angle of twenty -nine degrees and forty minutes (290 401) a distance of ninety - two and seven hundredths feet (92.07) to the point of beginning, as indicated on the blue print attached hereto and made a part hereof. Area involved 4,603.50 sq. ft., or .1056 acres. 2. In consideration of said grant, first party agrees to carefully and properly lay and maintain the said tracks across said Chippewa Avenue to conform to the established street grade and level, and in the construction of said spurs party of the first part shall comply with such speci- fications as may be provided by the City Engineer of South Bend, Indiana. In the event the City of South Bend shall hereafter change the grade of said Chippewa Avenue, party of the first part shall make said industrial or spur rail- road tracks conform to such grade at its own expense. 3. Party of the first part further agrees that in finishing said spurs across Chippewa Avenue hard surface materials shall be used and said surface shall at all times be maintained in a good condition. 4. In the event said industrial or spur railroad tracks shall not be used by party of the first part for any twelve (12) month period, the party of the second part shall have the right to order said tracks removed and said Chippewa Avenue restored to its former grade. Upon failure of said first party to remove said tracks upon being ordered to do so, second party shall have the right to remove same and to recover the costs of such removal from first party. 5. A blue print of the area to be affected by said tracks is herewith attached, made a part hereof and marked Exhibit "A ". This contract shall not be effective until ratified and approved by an ordinance of the Common Council of the City of South Bend, Indiana. WITNESS the hands and seals of the parties hereto this 27th day of January, 1948. THE STUDEBAKER CORPORATION By H. S. Vance Chairman of the Board ATTEST: APPROVED BY: BOARD OF PUBLIC WORKS OF THE C.J.Palakowski CITY OF SOUTH BEND, INDIANA February 24,1 Clerk 0 f the Board Frederick K. Baer