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A G R E E M E N T <br />2 G 2020 G. S. <br />Draft of Feb. <br />Revised March <br />Revised March <br />Revised March <br />Revised March <br />Revised April <br />all <br />7, <br />15, <br />260 <br />28, <br />17, <br />THIS AGREEMENT, made and entered into thi.s 18th., day of <br />April, 1934, by and between the State of Indiana, <br />by the Chairman of the State highway Commission of Indiana, as <br />Party of the First Part, hereinafter sometimes called the "State ", <br />and the New York Central Railroad Company, as Party of the Second <br />Part, hereinafter sometimes called the "Railroad Company ", and the <br />City of South Bend, a municipal corporation, by and through its <br />Board of Public Works, as Party of the Third Part, hereinafter some- <br />times called the "City ", WITNESSETH: <br />WHEREAS, on the 11th., day of April, 1930, the Railroad <br />Company and the City entered into an agreement providing among other <br />things for the separation of grades at the crossing of the main line <br />of the railroad company with Division Street (now known as Western <br />Avenue) and Walnut Street in South Bend, by raising the grade of the <br />railroad, by depressing Division Street and depressing and relocating <br />Walnut Street and by constructing a new railroad bridge to carry <br />the railroad over said Division Street and Walnut Street, and <br />WHEREAS, pursuant to said agreement the Railroad Company <br />prepared plinrs for the said proposed railroad bridle and received <br />competitive bids for and purchased the fabricated st-uctural steel <br />for said bridge, and <br />AREAS, pursuant to said agreement the City prepared certain <br />Plena and acquired certain rights of way for the improvement of <br />Division Street and Walnut Street, and <br />WHEREAS, because of financial conditions beyon$ the con- <br />trol of the parties hereto* said Railroad Company and City have <br />been unable to secure funds with which to completely carry out the <br />terms of said agreement of April 11, 1930, with respect to said <br />crossing, and <br />", REAS, said Division Street, now known as Western Avenue, <br />at the point where it crosses said railroad is a part of the route <br />of State Road No.2, and on the reasonable and proper extension of <br />Indiana Federal Aid Route No.13 thru South Bend, and <br />WHEREAS, under the terms of the National Industrial <br />Recovery Act of June 16, 1933 and the Rules and Regulations appzvved <br />1934 <br />1934 <br />1934 <br />1934 <br />1934 <br />1934 <br />