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WIMR$AS By virtue of an agreement entered into the 18th day of <br />Feb*WtXr, 1924 by and between the City of South Bend, <br />Indiana, and tie Grand Trunk Western Railway Company, <br />$aid Railway Company agreed for a certain consideration <br />set forth therein to abandon and remove its main line <br />tracks on Division Street, now Western Avenue, in the <br />city of South Bend, Indiana, and did .further agree to <br />acquire a different right•of »way, separate and removed, <br />from Western Avenue sad upon which to elevate its maim <br />line track in the city of South Bend, Indiana; and <br />WHEREAS By a supplemental agreement dated the 15th day of <br />November, 1927, said Railway Compaiv did further agree, <br />IA contempplation of its track elevation and track re- <br />moval contaract, to Jain right -of -way with the New York <br />Central Railroad Company and to operate its main line <br />railroad over said elevated tracks in the pity of South <br />Band, Indiana; and <br />WHEREAS Sueh track removal and track elevation program is now . <br />completed, except for the removal of the abandoned main <br />line track, now on Western Avenue= and <br />WHEREAS The said Grand Track Railway Company, by ocntraot, has <br />the rl&* 16�,•and is desirous of, removing the abandoned <br />main line track still remaining on Western Avenue and <br />the removal of said main line.track will necessitate <br />a replacement of area,from which said track is removed, <br />with a suitable type of pavement in conformity with the <br />existing pavement now on Western Avenue for the a000mmo- <br />dation of traffic; <br />THEREFORE, Be it resolved by the Board of Public works of the City <br />Of South Bend, Indiana, that the said brand Trunk West- <br />ern Railway be immediately notified to proceed with <br />removal of its former main line track on Western Avenue <br />weetwardly from the east line of kichigan Street in the <br />city of South Bend, Indiana; and <br />Be it further resolved that the area from which said track <br />is removed be paved in the *Aove manner above set forth; <br />and <br />Be it further resolved that the expense of such replacement <br />be borne by the City of South Bend, estimated not to <br />exceed Five Thousand Dollars ($5000.00), to be paid for <br />out of funds now available in the Track Elevation Fund of <br />said city. <br />i <br />�ti 7I , <br />