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THIS aRREEMT, bearing date of the 19th day of June, <br />1939, made and entered into by and between the City of South Bend, <br />Indiana, acting by and through its Board of Public Works and Safety, <br />hereinafter called the "City ", and Chicago South Shore and South Bend <br />Railroad, a corporation organised and existing under the laws of the <br />State of Indiana, hereinafter called the "Railroad ", WITNESSETH: <br />Section 1. The City does hereby grant to the Railroad authority <br />to construct, maintain and operate an industrial spur railroad track, <br />together with the necessary trolley wires and appliances, within the City <br />of.South Bend, Indiana, and over, upon and across an alley in said city, <br />the line of which said spur track is more particularly described as follows: <br />Crossing the westerly end of an alley north of, <br />and parallel to, Colfax Avenue, at its inter- <br />section with the southerly end of LaSalle Court, <br />in Rookefellerts Second Addition to the City of <br />South Bend, St.Joseph County, State of Indiana, <br />and as indicated on the blue print attached to the Railroad's petition <br />for said grant. <br />Section 29 Said track shall be so constructed across said <br />alley as not to interfere with the free use thereof. <br />Section 3. The part of said alley lying between said track, <br />and on the outside of the rails to the extent of eighteen (18) inohes, <br />shall be kept by the Railroad in as good repair and condition, considering <br />the nature of the use, as other parts of said alley are kept by said City, <br />and shall be paved and improved by the Railroad with the some material <br />or as good material as the balance of said highway at said intersection. <br />