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Home My WebLink About03/22/1932 Board of Public Works Minutes5-7D Tuesday, DA. rch 22nd. , 1932. 0 • • • • Board met in regular session at 10:00 A. I All members present. Minutes of meeting held Tuesday, 11prch 15th., 1932, read aril approved. The following agreement with the Grand- frank Western Railroad Company was signed by the Board.: i AGREEVENT BI;TN T GRAND TRUNK WESTERN R.ALLROAD C01VIPANY AND CITY. OF SOUTH MIDI RELA TI N G TO USE OF P AV ED WAY NORTH OF OIL PASSENGER STATION. THIS AGREE' -ENT, niade between the City of south Bid , Indi ana, through it's I Board of Public Work s, here inafter referred to as the "City", and the GRkND TRUNK YESMRN RATLRO AD C011PA.NY, hereinafter referred. to as the "Company", i 7VITrM SSETH : Tha. t , Whereas, on or about the 7th., day of August, 1882, the Chicago & Grand Trunk Railway Company; predecessor of the Grand Trunk Western Railroad Company, being the or ne r of Lots Numbe re d Three Hund. r ed Twenty-four (324) ,Three Hundred Twenty-five (325), Three Hundred Twelve (312) and Three Hundred Thirteen Thirteen (313) in the Original Plat of the twon, now city of south Bend , St. Joseph County, State of Ind ana, and being desirous of erecting a freight house on said. Lots numbered Three Huff red Twenty-four (324) and Three Hundred Twenty-five (325), along the alley. separating said lots., and of erecting a passenger station and appurtenant buildings on Lots numbed Three Hundred Twelve (312) and Three Hundred Thirteen (313), across the alley separating said lots, entered into an agreement with the owners of lots abutting on said four lots om the North, for the vacation and diversion of the alleys separating said Lots numbered Three Hundred. Twenty-four (324) and Three Hundred Twenty-five (325) and said Lots numbered Three Hundred Twelve (312) and. Three IJ.und red Thirteen (313), so that the same should extend east and. west across the north side of said lots numbered Three Hundred Twenty-four a.nd Three Hundred Twenty-five ( 325) , and said Lots numbered Three Hundred Twelve (312) and Three Hundred Thirteen (313 ) to a width of fourteen f eet, which said agreement was app3noved by the Common Council of said City, and made a matter of record in. Record -17, at page 429, of the records of said Common Council, on the 23rd ., day of July, 1900 ; and k hereas said Railvra Company did thereafter erect its y p y passenger station on said Lots numbered Three hundred Twelve (312) and Three hundred Thirteen (313) , anal so located the same as to allow a space of fifteen and three tenths (15.3) feet in width along the north side thereof, and immediately south of and adjacent to said. fourteen foot alley, for ingress and egress to its passenper station and grounds; and, V'Yhereas, under the direction, and by the authority of the Common Council of said City, in the Spring of the year 1901, the said fourteen foot alley along the north side of Lots numbered Three Hundred Twelve (312) and Three hundred Thirteen (313) was paved with brick from Michigan street to St. Joseph Street, and contemper- aneously with the paveme nt thereof the said Chicago and Grand Trunk Railway did, ,at its own expense, pave the fifteen and three tenths (15.3) feet width of private way aforesaid between Mlichigan street and St. Joseph Street , for the purpose of further facilitating ingress and egree to and from its passenger station and grounds, and the same ]es been continuously used by persons having occassion to visit said !; passenger station and grounds, "and by the public in connection with the fourteen foot Tuesday, Iii.,rch 22nd, 1932. The Board approved claims for various departments totaling $320.25 and hereby orders City Controller to pay same. The Loardapproved certain portions of claims filed by appraisers in connect- ion with the vT deninp of `,�estern Avenue in the amount of -1,600.00 and hereby orders i t,2 T Controller aCtroller to p, same. y li Meeting :a d journed at 12 o'clock noon. li II ii At to ste d Clerk li • ��=k�T.�x}:��=�k��P==k.��k�kk�%��1��1=K�K=Fx�%k�*�%�-kk�=��=�k�F�7f=�*��kk71=�kkk3:�c��k�,��1�=kf�=K�%F�kkk= TUESDAY, TIAMH 29th. 1932. J, Board met in regular session at 10:00 A. Y. All members -oresent. Minutes of meeting held Tues6ay, March 22nd. , 1932, read and approved. Eair. Frank. J. Furray was present in the interests of the South Bend and Mishawaka Civic Association with reference to the opening of 'Western Avenue east of I%" i di i Fe n Street. TTothinf d ef inite was decided by the Ban rd with reference to sa id tentative plans. • 1 The toard approved claims for various departments in the: amount of 1! 6$054.21. The Board an pro ve d pay roll c la i rm for va- ri ou s d epa rtzr-e nt s in the a -a oun t of `3101807.72. The Boa rd P p-proved th e pay roll claim f cr grad e separati on work in the amount '4 of '-?433.33 end hereby orders City Controller to -,my same out of Track Elevation Fund. The following, report was given `�fm. F. Quells on the survey in connection with the petition for liglhts on Tutt Street in front of the Southern Hotel: Board of Public Works: Gentlemen: Referring to attached communication, in repo rd to edditionel lir�hts on. Tutt ,,Street in the section occupied by the Southern Hotel, the sketch below will. Illustrate .I :iexact light in,(~ conditions at thislocation. At 'E,ich-iran & Tutt Streets them are tiro 6000 lumen post, type street lights, Ithat show on Tutt Street. ht.Tydrain Street and. Tutt Street one 2500 lumen over head. mast - I larm t7,,-o,e street light illuminates ti'le intersection. At the alley on 'iutt Street, �etv,.-een .'iclhi�,-an & Yain Streets, a pole is located ;on ,,,.Thi--ch another liF1.11t could be mounted, end this would, of course, dissipate consider - ],,able gloom. On the utt street sire of the Hotel Building, 1! where the entrance is located., ! i -ht -e mounted on the building. Of course these lights are connected vath the ';eight lights s are 11' Hote 1 meter and are not being burned. The Hotel coup.- rmke their corner very bright -fn if t h e y v7 ould- burn t he it oi, light s. The Street itself seEms to be as T=.,ell illuminated, as the average Street outside l,the Business Section. -Hespe,ctfully submitted., VIM. F - Que 11 Is . Tuesday, Merch 22nd. , 1932 public alley aforesaid , which has since been dosi gnated as Spencer Street; and, Whereas, under an agreement i de betynreen the .Railroad Company and said City, - dated Febrinry lSth., 1924, the Railroad. Company acquired a .new mute through the Icity of South Bed, and=)bandoned and is not new us inp the said passenger station for the; purposes for which it was intended, in, consequence of which the paved_ way and alley t� aforesaid, occupying a total width of Twenty-nine and. three -tenths (29.3) feet, and hav ing the app ea.rance of one single highway of that width, is still being used by the publie'1 as a way Now themfore, in. order to prevent any misconception on the part of the public as to the true character of said Fifteen and three tenths (15.3) feet private way so paved by the e rai lr d Company, and to prevent also any claim of implied d edicetion, or of the same becoming a. highway through adverse use by the public, it is agreed between„ ;the parties hereto as follags: i i � 1. That the right and title of the Railroad Company to the south fifteen i, and three -tenths (15.3) feet of the North 29.3 feet of Lots numbEred Three hundred ri Twelve (312) and Three Hundred Thirteen (313) in the Original Plat of South Bend, free from any claim of right or easement on the part of the City or the public to use the same., as a public way, is expressly recognized. 2. The continued use of said way by the public, and by persons using said Lots numbe re r7 Three Hundred- Twelve (312) and. Three Hundred Thirteen (313) , or p atro I izing the tenants occupyinp, any part thereof, in connection witth the fourteen foot public alleyknown a s S , Spencer Street, shall not be considered as adverse nor ripen into e. right ar easenen.t , but shall -e cons id -red permissive only and subject to termination at the 'Ti Il of the Rai Iron d Company. 3. Until such time as the Railroad Company shall desire to devote said paved way to other uses it agrees to allow the public to use the same at its own risk, '! Lt being eymressly agreed tint the Railroad Company is under no obligation to keep the -awe in condi ti on for public travel. 4. The right of the Railroad Company to close said fifteen and three ;enths (15.3) feet paved way to travel and use as a way, and to devote the same to other >urposes, is fully recognized as is also its privilege to erect and maintain a suitable oign or signs explanatory of the permissive public use. ITd 11ITN,SS '"1 EMEOF the parties have caused their respective corporate am es to be signed by duly authorized respective officers, on the 22nd. , day of March, 1932. CR _ANT) TR UTT� : ES TERA? R-A ILR OAD C OAP RTY BYwke nenere1 I�anager. won �, C I'! Y OF SD UTH. BEND INDI-APil. BY A;'. E. DORfi�T JOHN K. SFOCOR RIZ PH F . KLS S BOI_RD OF PUBT I_C VTOR S 0. E • • •