Ratifying Resolution No. 5 for Separation of Grades of Certain Railroads and Certain Streets in City of South Bend

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of the New Jersey, Indiana & Illinois Railroad Company and the track. of the New York Central Railroad Company's connecting track to the Michigan Central Railway, said tracks of both railroads being con- tiguous, the surface of said Division Street and the tracks of the said railroad companies shall be raised not more than three and thirty -one one - hundredths (3.311) feet above the top of rail grade of the now existing New York Central Railroad Company's connecting track to the Michigan Central Railway as now maintained at said crossing. Approach grades not to exceed three and one- half(3.51) feet to each one -- hundred .(1001) feet shall be extended in an easterly and westerly direction from said crossing until the present street grade of said Division Street has been intersected. (4) At the intersection of Arnold Street with the tracks of The New York Central Railroad Company (Main Line) the surface of said Arnold Street and the tracks of the said railroad company shall be raised not more than one and one -half (i2') feet above the top of rail grade of The New York Central Railroad Company's (Main-Line) - tracks as now maintained at said crossing. Also at the intersection of Arnold Street with the tracks of The New York Central Railroad Company (Illinois Division), the tracks of the Grand Trunk western Railroad Company and the tradk of the Indiana Northern Railway Company, the surface of said Arnold Street and the tracks of the said railroad companies shall not be changed. The present roadway width between curb lines as now exists on said Arnold Street shall be continued and the present grade of said roadway shall be adjusted to conform with changes in the track grades of the said railroad companies that may hereafter be made pursuant to this resolution. (5) At the intersection of Cherry Street with/the tracks of The New York Central Railroad Company a portion of the surface of said Cherry Street shall be depressed to accommodate the construction of a pedestrian subway, the floor grade of which shall not be less than elevation fifty -four fifty -nine (54.59) as expressed in City of South Bend datum; the said pedestrian subway shall have an inside width of not less than eight (81) feet and an inside height of not less than eight (81) feet. (6) Harris Street shall be closed to traffic across the tracks and rights of way of The New York Central Railroad Company (Illinois Division) and the Grand Trunk western Railroad Company. Traffic to be diverted over Huron Street to walnut Street. (7) Huron Street shall be improved between the east property line of Marris Street and the west property line of walnut Street by paving the roadway thereof with one of the types of modern city pavement and the cost thereof shall be considered as a part of the general track elevation expense to be apportioned as hereinabove specified. (8) No part of the cost of the work embraced in this resolution shall be apportioned against St. Joseph County, and: WHEREAS, heretofore, to -wit: On February 18, 1930, there was filed with this Board a petition of approximately seventy -five resident freeholders of the City of South Bend, requesting this Board to enter into a contract with the several railroads whose tracks will be affected by said grade separation project, and to agree with said railroads on a division of cost of said grade separation, on the basis of the City paying thirty -five (35) per cent of the total cost thereof, and said Railroads sixty -five (65) per cent of the total cost thereof; -3-