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HomeMy WebLinkAbout06/21/1927 Board of Public Works Minutes.370 Tuesday, June 21st., 1927. Board met in regular session at 9 A. IT. All members present. i Minutes of meetings held June I4th. and June I5th. , I9271 read and approved. Board approved the Oontractors Bond of =I,000.00 for A.. Anderson signed by the Eagle Indemnity Co.,. The Board signed the following contracts and approved the construction boridsnas follows: Contract with A. E. Anderson for the construction of grade, curb and walk on Oliver Street from Alvin- Avenue to Donald Street under Improv ment Resolution No.I8191 in the amount of �2102I.75. Construction bond signed by the Eagle Indemnity Co., for 50f of the contract price also approved. Board signed the contract with Rieth xiley Construction 1 C.o., for the con.structi n of sheet asphalt pavement on Colfax Avenue from Eddy Street to Sunnyside Avenue under Improvement Resolution No.I7I5.in the amount of $16,294.57.1 Construction bond signed by Southern Surety Co., also approved. Board signed --the contract with Alex Bukowski for the r construction of grade, curb and walk on K ntucky Street from Division 6treet to Jefrerson Blvd., under Improvement Resolution No.1823. Construction Bond signed by . the United States Fidelity and GuarantyCo•, also approved. Board signed the contract with Twyckenham band and Invest ment Co., for the construction of grade, curb and walk on Twyekehnam Drive and Ridgeda:e Road under Improvement Resolution No.I840. Construction Bond signed by New York j Indemnity Co., also approved. Board signed the contract with H. W. Reed & Sons Co., for, the donstruction of concrete pavement on Twyckehham Drive, Avondale Road, Ridgedale Road, Garland Road, Trelan Road and Ridge Road under Improvement Resolution No.I870 i in the amount of $101,533.94. Construction bond signed by the New York Indemnity Co ,..for I00% of the contract prices also approved. Board signed the contract with Alex Bukowski for the contruction of grade, curb and walk on Liberty Street from llivision Street to Jefferson Blvd., under Improvement Resolution NoI822, in the amount of $2,293.03. Construction bond signed by the Unites Sta es Fidelity and Guaranty Co., for I00% of the contract price also approved. This being the date set, hearing was had on the assessment roll for the construction of Pipe sewer on Garland Street from South Bend Avenue to a point IO feet south of north line of lot 27 Parker and Allen's sub., under Improvement resolution No.I850. In the above matter, no remonstrators appeared and no written remonstrance was filed and the Board being fullj:°-ativised in the premises, finds that the benefits to the several lots and parcels of land which have been assessed for said:' improvement, are equal to the amounts shown on said assessment roll. The Board, there"fore, declares said assessment roll, filed June I5th., I927, in all.things ratified confirmed and approved and the proceedings closed. The Board now orders said assess- ment roll delivered to the Department of Finance. This being the date set, hearing was had -on the assessment roll for the Vacation of the first alley North of Sample Street from Clinton Street to the west line of Ist. , alley east of Clinton 'street under Vacation Resolution No. 1849. In the above matter, no remonstrators appeared and no written remonstrance j was filed, the Board being fully advised in the premises, -'finds that the several lots '! and parcels of land which have been assessed on the primary assessment roll have been i benefited in the amounts shown on said roll. The Board, therefore, declares said assessment roll filed June I5th., I927, in all things ratified confirmed and approved and the proceedings closed. The Board now orders said assessment roll delivered to the Department of Finance. 1 City Engineer, Mr. H. G. Wray, submitted the report on i ep the remonstrance filed against the 28th. pavement. The e g r are 40 residen t Z nt ro er t P P y owners on 28th., street, I8 of whom have signed the remonstrance. This does not constitute a majority therefore the Board Irders that on the I9th., day of July, 1927," the Board will receive, open and consider sealed proposals for the construction of the pavement on 28th., Street under Improvement Resolution No.I837. Board further orders that notices of said proposals shall be published on the 7th. , day of July and on the Toth., day of July, 1927, in the South Bend News Times and Tribune. City Engineer Mr. H. G. Wr ay, filed primary assessment i roll for the grad_:, curb and walk improvement on Hamilton Street from Portage Avenue to Olive Street under Improvement Resolution No.1574. In the above matter, the Board hereby orders that on the 29th., day of June, I927, this Board will meet at itIsoffice in the City Hal-1 at 7-I5 P. M., to hear and receive remonstrances from all persons whose y P p property has been assessed for said improvement and will decide whether the several lots and parcels of land have been or will be benefited in the amounts shown on said primary assessment roll. Board further orders that notices of said hearing shall be published on the 23rd. , day of June and on the 24th. , day of June 1927 in the South Bend News Times and Iribune. Tuesday, June 2lst. , 1927. • • City Engineer, Mr. H. G. Wray, filed primary assessment roll for the construction of sewer on St-. Jose h Street from Broadway to a point 27feet North of the South line of Lot 5I :in ineyls Addition under Improvement Resolution No, I852. In the �ab ove matter, the Board hereby orders that on the 29th. , day of June, 1927, the Board will meet at their office in the City Hall at 7-I5 P. TvT., to hear and receive remonstrances from all persons whose property has been assessed for said improvement and will decide whether the several lots and parcels of'land have been or will be benefited in the amounts shown on said assessment roll,. This being a waiver, no publicationis necessary for the hearing on this assessment roll. In the matter of the Improvement of.Lincoln hest from Cottage Groove Avenue to Wilber Street under Improvement Resolution No.I8I4, petitions were filed for a change in the type of pavement other than that specified in the prelim- inary order. The Engineers report shows one hundred and thirteen resident property owners on this street, forty five of whom have signed a petition for concrete pave- ment; this is not a majority and therefore, the Board this 2lst. , day of June, I927 hereby makes a final order for sheet asphalt as the type of pavement with which said street shall be improved and awards the contract to Rieth Riley Construction Co., at their low bid of $90.,459.75 for sheet asphalt. City Engineer, Mr. H. G. Wray, filed tabulation of bids for the, pavement of Ist., alley west of Johnson Street from Prast Street to Lincoln Way West under Improvement Resolution No.I877. E. T. Tranberg $762.80 Bids having been received for the construction of pavement on Ist., alley west of Johnson street from Prast Street to Lincoln Way West, under Improvement Resolution No.I877, the Board this 2Ist., day of June, I927, hereby awards the contract for said improvement to E. T. Tranberg at his bid of 762.80. City E giner, h1r. ?I. G. Wray, filed the tabulation of bids on the pavement of Lincoln fay West from Wilber Sthet to Olive Street under Improvement Resolution No.I8I5. i Williston Const. Co. Sheet Asphalt with Veedersber g Brk. with Viet. Brick 76,602.80 779,256,60 H 11. Barnes Met. Brick Concrete with Veed. Brick with ket. Brick THE ALBERT CONSTRUCTION CO. Sheet Asp with Veed. Brick, pp. Concrete Veed. Brick, Sheet with Met. Asp with Me 77,005.74 74�'102.78*8�**9.897*�246.93 RI TH RILEY CONSTRUCTION CO. BID INF'ORKAL Bontrager Constru.Otion Co. Concrete. pavement 730,473.30 B. C. MILBRATH. Concrete pavement 75,165.25 City Engineer, fir. H. G. 1"tray, filed plans, specifications and estimate and the Board.adopted-a resolution for the pavement on Kaley Street from Division Street tp Colfax Avenue under Improvement Resolution No.I885. !i t In the above named resolution, the Board hereby o ders that on the 20 h., day of July, 1927, this Board will meet in the office in the ity Hall at 7-I5 P.T1t., to hear and receive remonstrances from all persons whose property is liable to be assessed for said improvement and will decide whether the several lots and parcels of land kitl be .benefited in proportion to the estimated cost of said improvement as reported by the City Engineer. Board further orders that notices of slid hear shall be published on the Ist., day of July and on the 8th., day of July, 1927, in the News Times and Tribuneq and that notices be mailed to property owners according to j law. The Board signed the contract with the Indiana & Michigan Electric !I Company for the maintenaince of street lighting system in Ridgedale Addition. Con- tract as follows: • CONTRact PLANS AND SPECIFICATIONS FOR LIGHTING STREETS ALLEYS BOULEVARDS AND -PUBLIC PLACES IN RIDGEDALE ADDITION TO THE CITY OF SOUTH BEND INDINANA. d�rG Tuesday, June 21st.1 1927. "This 'agreement, made and ente ed into this 2Ist., day of June, I927, by and between the City of South Bend, a municipal corporation of the State of Indiana, by and through it's Board of Public vlorkcs, , part of the first part, hereinafter ref erred to as the City, and Indiana & Michigan Electric Co.,,a eorporati party of the second part, hereinafter referred to as the Contractor pursuant to a resolution of the Board of Public Works, passed at a meeting held on the 24th., day of May, I927. TOITNESSETH. That the parties hereto, each n_cbnsideration of the agreements on the part of the other, herein contained, have mutually agreed and hereby mutually agree as follows: - I, The contractor shall provide and maintain a street lighting system in Ridgedale Addition to the City of South Bend, Indiana, consisting of'33 street lamps supplied from the under ground distribution system of the Contract1', or. Such underground lamps shall be as follows:- 33- Sheridan 12 ft. Hollow Spun Concrete Lighting Standar complete with Octagonal Junior Lighting Units and Standard Series Film Sockets and .Spikes equipped with I - I000 Lumen 6.6 Ampere Series Street Lighting Lamp or equivalent Lamp. All property used in the performance of this contract steal be and remain the property of the Contractor. The Contractor shall at its cost durnis all lamp renewals and light all laiaps herein provided for by electricity for the perio of this contract. All of the lamps which shall be provided and maintained by this contractor shall be so operated so that they will give the maximum amount of illumination obtainable uder comereial conditions. 2. All lamps herein provided for shall be burned from one.. half hour after sunset until onephalf hour before sunrise every night and all night, burning approximately four thousand (4000) hours per annum. 3. The number of lamps furnished and lighted under this contract shall be the number provided for in paragraph I hereof, and shall be located as shown on the blue print attached hereto and identified by the signature of the Contractor and members of the Board of Public Works. 4. All outages shall be reported daily in writing by the proper officers of the City to the Contractor and the proper officers of the City may deduct from the total monthly amount which would have been paid for any lamp sp report! ed had no outage occured, the stun bearing the ratio to such total as the period of outage bears to the total time the lamp would have been lighted in any month. 5. Street lighting units herein contracted for shall be rpoved by the contractor to such new location as the City may by writing direct: subject to the following conditions: j Such moving of lamps shall be completed within thirty days; after receipt by the Contractor of written notice from the City, Sundays, legal holi- days and stormy days no to be counted, provided that the number of such removals shall' not exceed one per day and provided further that such removals shall bot be re:;uired I. on Sundays, legal holidays and storm days. Notice that the work of such removal if lamps has been completed shall be given by the Contractor to the City within ten days � after the completion of the work. y The actual cost to the Contractor of making such reloeati shall be paid by the City to the Contractor within thirty days after said notice has been given. 6. The City shall accept such lamps and the services herein specified during :;he life of this contract and pay as fall compensation there for, at the rate and price set out in the acepeted b1d to wit: FOR UNDERGRCU11D STREET LI G?ITIN T UNITS 33 - Sheridan I2 Hollow Sppn Concrete lighting standards Complete with Octagonal Junior Lighting Units and Standard Series Film Sockets and Spikes equipped with I-I000 lumen 6.6 Ampere Series Street lighting Lamp or equivalent Lamp. $30.00 per Unit per Annum, Payment for all lighting services to be made in equal months installments, each installment to be due and payable on or before the 20th., day of each month succedding that in which the service is rendered. 7. The Contractor shall have the right with the consent of the Board of Public ''forks of the City, at an t'me during the, life f o act to install, pperate;, and maintain in the place 6f the lamps Wherein provQide oz� under the same terms and conditions, other and more improved lamps in keeping with sue advancement as maybe made in the art of Lighting, which lamps shall be of equivalent • 0. • Tueaday, June 2Ist., 1927. or greater illuminating power. 8. In authorizing or granting a permit to any person, firm or eor poration to repair or cut into any street., alley or sidewalk u3b which said street lighting units and lines and cables supplying current thereto are located, the City shall require, as a condition to the granting of such permits, an agreement on the part of the applicant that such lines and cables and street lighting units c,,r ill not be interferred with in any manner without notice to the Contractor. 9. All the covenants, expressions, terms, conditions, provisions ;,and agreements herein shall extend to and be binding upon, or inure'to the benefit of, as the case may be, each and every one of the successors or assigns of each of the parties hereto as if in every case so expressed. I0# This contract shall be in full force and effect from and after its approval by ordinance during grid until the Ist. , day of January, i935, at noon, which is the date of the termination of a General Contract between the parties hereto for street lighting. IN WITNESS MI EREOF, the said City of South Bend, Indiana, has caused its corporate seal to be hereunto ziffixed and this contract to be signed b y the Board • of Public Works of said City and said Indiana & Michigan Electric Company has caused this contract to be duly executed, in duplicate, this day abd year first written above. • SIGNED V7. R. HINKLE JOH1N J. OLEJ1.ICZAK RALPH H. KUSS BOARD OF PUBLIC ?'CORKS OF THE CITY OF SO. BEND INDIANA. SIGNED INDIANA & MICHIGAN ELECTRIC COMPANY BY THOS. F . ENGLISH VICE*PRES. & GENTL MGR CONTRACTOR." This being the date set, bids were received, opened and read for the construction and maintenaince of street lighting system in Belleville Addition. Bid as follows: Indiana & Michigan Electric Co. For furnishing, lighting and maintaining each 8 foot Sheridan Hollow spun Concrete Lighting Standard complete with Octagonal Junior Lighting Unit and Standard f-'ultiple Mogul Sockets equipped with I-I000 lumen 75 llatt Multiple Street Lighting Lamp or equivalent Lamp $30.00 per unit per annum. For furnishing, lighting and maintaining each IO foot Sheridan Hollow Spun Concrete Lighting Standard complete with Octagonal Junior lighting unit end Standard Multiple Vogul pockets equipped .-rith I-I000 lumen 75 Watt Multiple Street Lighting Lamp or equivalent lamp $30.00 per unit per annum. For furnishing, lightin and maintaining each I3 foot Sheridan Hollow Spun Concrete Lighting Standard complete with Octagonal Junior .Lighting bT4-kt and Standard Multiple Mogul Sockets equipped with I- I000 Lumen 75 Watt Multiple Street Lighting Lamp or equivalent lamp �30.00 per unit per annum. 'phis being the date set, bids were received, opened and read on the lowing improvements: 3 Gtade, curb and walk improvement on Lake Street from Division Street o Jefferson under Improvement Resolution No.I825. Contractor walk curb grading H. N. Barnes .I6 .45 I.00 Eston Ball .I6 .45 .70 Grade, curb and walk improvenien t on Wellington Street from Division treet to Jefferson Blvd. , under Improvement Resolution 1io.I827. Contractor walk curb grading Eston Ball .I6 .45 .70 H. N. Barnes .I6 .45 I.00 Grade, curb and walk improvement on Iowa Street from Division Street o Jefferson Blvd., under Improvement Resoluti on No.I824. Contractor walk Aston Ball .I6 Alex Bukowski .I52 H. N. Barnes .I6 curb gra d ing .45 .75 .40 .90 45 I.00 374 Tuesday, June.21st., 1927. i Grade,curb and walk improvement on Falcon Street from j Division Street to Jefferson Blvd., under Improvement Resolution No.I826. Contractor walk curb grading J. A. Barnes .I6 .45 080 H. N. Barnes .i6 .45 .85 .Fston Ball I6 .45 .75 Grade, curb and walk on Kentucky Street from Jefferson Blvd., to 7ilashington Street under Improvement Resolution No.I834. Contractor walk curb ,grading Fston Ball .IG .45 .g0 Alex Bukowski I52 .40 .70 H. N. Barnes .I6 .46 I.00 Pavement improvement on Ewing Avenue from Miami Street to Leer Street under Improvement Resolution Uo.I833. Reith Riley Albert Co. Alex Bukowski Hoban & Roach C.Zimmer H. B�rnes ,Talk .20 curb 11at. GC. .50 .40 .40 .30 .40 railing 'beet I.I8 I . IO .50 .60 1.00 I.'00 2.52 2.54 Asp.Con 2.40 2.45 Concrete 2.37 2.00 2.25 2.45 2.i30 S. W. Inlets Res. Inlets 3.00 9.00 3.00 3.00 3.00 3.00 I5.30 3.00 Res. MI.H. C. 3.00 3.00 3.00 3.00 3.00 W. C. L. S. 38.00 40.00 30.00 37,50 30.00 I'll. C. S. S. 32.00 32.00 I9.00 2I.00 26'bI,�0 8 inch pipe I.00 I.00 .90 I.00 .90 K160 I Pavement on Corby Street from Eddy Street to East line of V,ark Plate Addition under Improvement Resolution No.I832. `'oust. Co. Const. Reith Ailey -Co ffilliston Albert j Walk • 20 curb .50 p:. Curb .40 .40 .40 Sheet 2.70 2.76 2.72 Asp. Con. 02.58 2.64 2.57 !I Concrete Storm W. Inlets I7.50 res. Inlets 3.00 3.00 3.00 Res. Man.H.C. 3.00 3.00 3.00 I'later Conn. L. S. 34.00 33.00 36.00 Water Conn.S. S. 29.00 27.50 32.00 8 inch pipe I.00 I.00 I.00 grading I.00 1.05 I.00 I All of the above bids handed to the City Engineer for t abul at i on. This being the date set, bids were received, opened and read for the consruction of a local sewer on Kinyon Street from Sherman Avenue to Lot 186 in North Vest Addition under Improvement Resolution No.I85I. Bids as follows: I Contractor J. F. Hipskind I2 inch 2035 8 iiaoh .70 6_ inch .95 '"anholes complete9g.50 All of the above bids handed to City Engineer for tabula- tion. 1 The Board approved the recommendation of Vim. F. Qualls for the installation of a 4000 lumen light on Mishawaka Avenue at the entrance of Bellevue Avenue. Same ordered at a cost of $45.00 per ,year. Claims amounting to $10,389.59 signed and approved by the i This being the date set, continued hearing was had on • the condemnation resolution for the Northwest Trunk Sewer under 0ondemnation Resolu- tion No.I769. Tuesday, June 2Ist. 1927. 0 9 In the above named resolution, the 1otor Industries, Incorporated, of Cook Cpunty, State of Illinois, haveng heretofore filed their written remonstrance against taking overtheir land described in saidresolution now again appear by Harry R. Wair, t'-_eir attorney, and fill their written objection, for condemnation of land and make offer for a modified course through their land, vdhich protest and offer are in words and figures as follows, to wit; "Easement. This indenture:, -made and entered into between she Motor industries, Inc., of Cook Co. , State of Illinois, party of the first part and the City of South Bend, St. Joseph County, Indiana, party of the second part, WITNESSETH; THAT, In consideration of the sum of One (1.00) Dollar paid by the senond party unto the first party, the receirt whereof is hereby acknowledged by said first party, the said first party does herebt give and grant unto the second party the �rivilege and easement to construct and mintain in perpetuity, a trunk sewer, six 6) feet in width on either side of center lines drawn as follows, to wit: Beginning at a point forty (40) feet west and thirty (30) feet north of the southeast corner of Fancy Street and "lestmoor Street in the said City of South Bend, as shoiin on the recorded plat of Lincoln Manor Third .Addition to said City of South Bend, recorded in plat book No. I2 at page 86 pf tWe pmblic records of St. Joseph County, Indiana, which point is the intersection of the center line of lestmoor Street ,nd the east line of Section Four(4), Toarnship Thirty-seven (37) North, Range Two (2) East; thence running west from said beginning point along the center line of said Westmoor Street produced West a distance of Thirty (30) feet to 'the east line of a tract of land known as parcel Number Three (3),'belonging to the New York Central Railway Company; all in said City of South Bend, St. Joseph. County, State of Indiana. ALSO Beginning at a point One Hundred and Ten (II0) feet west and thirty (30) feet North of the Southeast Corner of said Nancy Street and said +estmoor Street; in the said City of South Bend, which point is on the center line of .'destmoor Street, produced west, a distance of seventy (70) feet west of the east line of Section Four (4), Toviriship Thirty - Seven (37) North, Range Two (2) East and is also on the West line of a tract of land :n wn as Parcel Number Three (3) belonging to the New York Central Railway Company; thence running West from said beginning point along the center line of said 'Jestmoor Street produced Wiest, a distance of five hundred sixty-nine andT 30/I00 (569.30) feet to the -past line of a #Tact of land knoYm as pparcel Number Two (2) , belonging to the said New -York Central Railway Coinpany; all in said city of South Bend, St. Joseph County, state of Indiana. AND ALSO Beginning on the hest line of said tract of land known as Parcel Number Two (2) and the center line of said Westmoor street, produced ,'lest, at a point seven hundred nineteen and 30/I00 (7I9.30) feet west of the east line of said Nancy street; thence running West along the center it line of ^aid `;'estmoor Street, produced `-lest, a distance of six hundred and 7/I0 (600.7) feet to the east line of the tract of land known as Parcel Dumber One (I), belonging to the said T1ew York Central Railway Company; all in said City of South Bend, St. Joseph County, State of Indiana. This conveyance is ffahis sub :ect, however, to any leasehold or other j rights that the Chicago, South Shore a._ld ---:ouch BendCompany, formerly tie ' Chicago, Lae Shore and South -3end Railvray Company, may have th the real estate across which the center line first above._ described runs. Said serer shall be so cons rueted that the middle line thereof shall be along the lines hereinabove given and shall not exceed seventy-two (72) inches in diameter and shall be laid not less than twenty-four (24) feet below the serfaee of the ground. A temporary easement is hereby Granted -to said City for the use and. benefit of its agents, servants, contractors and sub -contractors, engaged in the con- struction of said sewer, to occupy a strip of ground Forty (40) feet in width on either side of the above described center lines, during the const?7uction of said set=rer for the purpose of temporary deposit of materials, excavat"Ak.vearth, etc., and for access to said se,,er. On competion of the said se:.rer said second party shall remove all debris, materials, surplus earth, if any, fill up level and tamp the sewer trench, so as to leave the surface of the ground in its natural condition. The party of -the second. part shall have the right at any time in the future to enter on said land for the purpose of making necessary repairs to said sewer providing that if any damageimprovements of the party is done to the property or any of the first part, their successors or assignes, as and incident to the making of any such repairs, propery condensation therefore shall be made by the party of the second part. PP__ T e6 Tuesday, June 2lst., I927. Nothing herein contat.ned shall be so construed as to pro- hibit said party of the first part, it's successors or assigns from the full and leree use of the land covered by the easement hereinbefore grantedm and it may erect, construct .and maintain any structure on the surface or belmry the surface, at any point above said ;jse i sewer and shall not be liable to the party of the second part for any damage"or breakage; t said sewer caused by the weight of overhead construction of any kind made by the party 1 of the first rartt it's successors and assigns, provided, however, that such structures if any, are made in accordance -�?iith proper architectural plans and designs for structures whi&h have in the ground beh,eath openings or construction work similar to this sewer. i This agreement shall be binding upon and inure to the benefit of parties hereto, their heirs, personal representatives, successors and assigns._ In witness whereof, the parties hereto have hereunto set their hands and seals this 2Ist., day of June, 1927. Motor Industries, Inc. ByElmer 1.5. Kasdorf Vice- Pres. 1lalter J. Buettner, Secy. City of South B end , Indiana By William R. Hinkle John J. Olejniczak Ralph H. Kuss (.executed in duplicate original) Board of the Department of Public .°lorks thereof. State of Illinois) S S. County of Cook ) Before me, the undersigned a notary public in and for said County, came Elmer 11. Kasdorf and 1:7alter J. Buettner, Vice President and Secretary respectively of the Motor Industries, Inc., and acknowledged the execution of the above instrument for and on hehalf of said company. June, 1927. STATE OF INDIANA) ST. JOSEPH COUNTY) S.S. I ;;fitness my hand and official seal this 2Ist. , day of otarl Public j Before me, the undersigned, a notary public in and for said country and state, personally appeared 111illiam R. Hinklet and John J. Olejniczak amd Ralph H. ;fuss, all members of the Board of Public :`forks of the City of South Bend Indiana, and acknowledged the execution of the above and foregoing instrument for and in behalf of said City. In witness whereof I have hereunto set my hand and official j seal this 2Ist., day of June, I927. Hazel A. Turner, Notary Public TOY Commission expires Jan.9, I920." And Edward Krill, et Al., t nants in common of certain land, having 4eretofore entered their protest and remonstrance against the taking of their land as set out in said resolution, and George M. Studebaker, Et Al., tenants in common of fertain lands described in said resolution,, have filed their written oD jections to the taking of their said land and have filed a written agreement convey- ing to the said City, for easement purposes, the lands described in said resolution, which agreement is in words and figures as follows, to wit:- EASMM74 TT. This Indenture made between George M. Studebaker, Anne StudebakerCallisle, and Clement Studebaker Jr., as Trustees under the last will,and testament of Clement Studebaker, late of St. Joseph County, Indiana, deceased, George M. Studebaker, Anne Studebaker Carlisle and Clement Studeba'_ker Jr., as residuary devisees tinder said last will and testament of Clement Studebaker, Deceased, and Ada L. Studebaker, Charles A. Carlisle and Alice R. Studebaker, respective spouses of said residuary devisees, parties of the first part, and the City of South Bend,'St. Joseph County, Indiana, part of the second part. ahIITNESSETH: That In consideration of the sum of 84.35 (Eighty-four dollars aid thirty-four cents) paid by the party of the second part to the parties of the first part, receipt whereof is hereby acknowledged, the parties of the first part do hereby give -and grant unto the party of the second part, the privilege and easement to construct and maintain in perpetuity, a trunk sewer, thru and across the following 0 0 Tuesday, June list. 1927. (described tract of teal -estate esi-.ate in St. Jo_eph County, State of Indiana to wit: A nineteen (19) acre tract of land situate in the Southeast uart.er (4) of Section Four(4), Township 37 North, RB�nge 2 fast, and lying between the right of way of the New York Central Rail road Company and the South line of said Section Four (4), subject to the following terms and conditions: I. Said Sewer shakl be so constructed that the middle line thereof shall be in the west line of the tract of land above described, the one-half thereof to be confined within the six (6) feet off the west end of said tract, and the other half to rest upon the land formerly owned by Joseph Krill, adjoining the land of the first party on the west. 11 2. Said sewer shall be not to exceed seventy- two inches (72) in diameter, and shall be laid not less than twenty-four (24) feet below the surface of the ground. 3. A temporary easement is h ­reby granted to said City for the use and benefit of it's agents, servants, contra-ctors, subbontractors engaged in, the construction of said sewer, to occupy a strip of ground forty (401 feet in width off of the entire length of the west side of said tract of real estate, during the construction of said sewer, for the purpose of temporary deposit of materials, excavated ;earth, etc., and for access to said sewer. On completion of the sewer second party ■ shall remove all debris, materials, surplus earth, if any, fill up, level and tamp the sewer trench, so as to leave the surface of the ground in ilk's hatural condition. 4. The party of the second part shall have the right at any time in the future to enter on said land for the purpose of making necessary repairs to (said sewer , providing that if any damage is done to the property or any improve- �ments of the parties of the first part, their successors or assigns, las an incident to the making of such repairs, prDper compensation therefor shall be ,made by the part of the second part. 5. Parties of the first part, their successors, and ass�;gnes, j shall at all time hereafter have the righ and privilege to tap sail sewer and make connection ixitherewith, under the direction of an engineer of the part of the second part, and to have the free use of the same for the purpose of drainage and. sewage, as an incident to the whole of said tract of land. And sayemake and maintain as many sewer taps and connections as may be reasonably necessary at any time in the future, to provide for the requirements of said land, and any structure, business, industry or other enterprise that may be constructed, maintained or established on said land. This grant of easement, however, shall not preclude the City from assessing the land I, ;benefited by a sewer when a sewer has been constructed along the line of said easement as other lands are assessed under the Statute of the State of Indiana, and no deduct lion, rebate or concession will be asked by said grantees on account of the easement ;hereby granted but future assessments made under the provisions of the law shall .,apply to the lands of grantors the same as if this grant had not been made. 6. Nothing herein contained shall be so construed as to prohibit 1parties of the first cart, their successors or assigns from the full and free use of ithe land covered by the easement hereinbefore granted, and they may erect, construct and maintain any structure on the surface or below the surface, at any point above (said sewer, and shall not be liable to the party of the second part for any damage or breakage to said setiver caused by the weight of overhead construction of any kind malte by the parties of the first part, their successors and assigns. This agreement shall be binding upon and inure to the benefit �of parties hereto, their heirs, personal representatives, successors and assigns. In witness whereof the parties of the first part have hereunto set their hands and seals on the 2lst., day of April, I927. George M. Studebaker i Anne Studebaker Carlisle Clement Studebaker Jr ALL AS TRUSTEES UNDER Ts E LAST `. ILL AND TESTAMIECdT OF CLEMENT STYDEBAKER DECEASED. George M. Studebaker, Ann. Studebaker Carlisle Clement Studebaker Jrl ALL AS RESIDUARY DEVISEES UNDER SAID LAST TILL AND TESTAJiEPtT OF j CLEM-EITT STUDEBA{ER DECEASED. Ada L.. Studeba-per Charles A. Carlisle • Alice. R. Studebaker :State of Indiana, St. Joseph CountySS Before me, the undersigned, a Notary Public within kn.d for said ;County and State, this 2Ist.,,day of Aril, I927, personally appeared Geo. M. Studebaker 378 Tnesday, Juke 2Ist., 1927. Studebaker deceased; Geo. lob. Studebaker and Anne Studeba:�er Carlisle, as Risiduary Devisees under the last will: and testament of Clement Studebaker, deceased, and Ada L. �t Studebaker and Charles A. Carlisle and acknowledged the execution of the above and foregoing easement for the uses and purposes therein mentioned, t11itneas my hand and notarial seal. Nancy Roberts, Notary Public My commission expires October 30th., I927. State of Illinois., County of Cook:SS Before me, the undersigned, a Notary Public within -and f said County and Staiue, this 23rd. , day of 1pril, 1927, personally appeared Clement Studebaker Jr., as Trustee under thelast will and testament of Clement Studebaker, . deceased; Clement Studebaker Jr-, as residuary Devisee under the last will and testament of Clement Studebaker, deceased, and Alice R. Studebaker, and acknowledged the execution of the above and foregoing easement.for the uses and purposes therein mentioned. -itness my hand and notarial seal, goy 71. Chase, Notary Public My commsssion expires 1-,=arch I9th-, 1928. No other remonstrants or contestants, do now or have he=etofore appeared to this resolution and the Board being fully advised in the premises believe that the original resolution should be modified in -so far as.the course of easement through the lands of said 1,11otor Industries, Inc., and said Krill;. et al., and the New York Central Railroad Company, through its tracts, known as Parcels Number One (I) and Two (2) and Three (3) are concerned, and not otherwise. A resolutions was then introduced modifying -the course by changing the diagonal course described in said original resolution to a course described as follows, to wit; II Beginnings at a, -.point in the center line of Nde-stmoor produce. rest One Hundred and Forty-three and Fifty-three, H ndredths feet, (I43.53' ) j�from the east line of Section Four (4), Township Thirty-seven (37) North, Range Two (2) East; thence west along the said center line of 1estmoor Street produced Four Hundred and l�jinety nine and Three Tenths feet (499.3) to the -East line of a.,right-of-way' of the New Yore Central Railroad, still west,Forty Feet.(40) to the-��est line;of-said right- of -way; thence;:, st 11 V7esi Six Hundred and Seven_Tenthsfeet_ (60@4k _to. the_ East line of a right-of-way of the New York Central Railroad; thence still west forty feet (40)• to the West line of said right-of-way; thence still west sixty-six and eighty-five hundredths feet (66,85) to a point of curve; thence on a radius of Ninety Feet (901) to the left One Hundred Forty-one and Thirty-seven Hundredths feet (141.371) to a point of tangent;( thence south parallel to and Fourteen Hundred Seventy=six and eighty-five Hundredths i(1476.85t) feet west of the east line of Section four, (4) , Township Thirty-seven (37 ) North, R nge Two (2) East, Seven Hundred and Tv..enty-four and Fifty-eight Hundredths {724058' said phint being One Hundred Thirty-eight and Eighty-two Hundredths feet (138.821) more or less, north of the northerly line of the right-of-way of the Chicago, Lake Shore and South Bend Railroad." Which resolution is in words and figures aw follows, towit: (I "RESOLUTION 1tir ODIFYING THE COURSE OF THE NORTHVIEST SEVUER. 11hereas, the course of the easement contemplated for the sit -as of the Northwest sewer and condemned for easement purposes under Oondemnation Resolution No.I769, 1927, was this day modified at the final hearing of said resolution as to it's course through the lards of the 11otor Industries, Inc., Edward Krill, et al, George 111. Studebaker, et al., and the lands known as Tracts numbered One (I), Two (2), and Three (3) of the New York Central Railway; and whereas this Board considered it beneficial to the City, as well as to every one else interested and to every parcel of land within the district created for said sewer, and not injurious to any one; and whereas, this Board reserved the right in its contract with the Donnegan Construction Co., to change and modify the details for the construction of said sewer as necessity required. Now, therefore, be it resolved by the Board of Public Works pf the City oe South Bend, Indiana, that the diagonal course from a point One Hundred and Forty-three. and Fifty-three Hundredths feet (143.531) west of the intersection of Westmoor Street with the east line of Section Four (4), Township Thirty0seven (37) North, Range Two (2) East, to a point in the center of=ien.more Avenue, produced North where said origins: course turned left, or south along the center line of said Kenmore Avenue produced, be abandonedm altered and changed and go instead along the following line, to -wit: DESCRIPTION OF CHANGE ABOVE. This ending point of the change connecting with the route as originally planned al #g the Street line of said Kenmore Avenue produced and Kenmore i Avenue The said contractor is hereby.direfted to consruct said • '01 11 LM 0 Tuesday, June 21st.1987. serer along said modified course i#stead of the diagonal course.and to do all in conformance with and according to the said contract with said City." � A motion.was duly made and seconded ratifying, confirming and approving) the original resolution No.IV69, 1987, as modified by modifying resolution and agreementsi and being duly put by the President, was carried unanimously. K l The Board now o _ ders that a list or roll be prepared of all o:-mers ,land holders of property and of valuable interesi;e therein sought to be taken or to be ;injuriously _affected, which list or roll shall also describe the property beneficially ;affected. The Board signed a contract with the Grand Trunk Western Railway Company for the construction of an additional track ober Sample Street in the City of South Bend, Indiana. Contract as follows: '1 ' - "Whereas, the Grand `lrun_L Western Railway Company has petitioned the :Board of Public .corks of the City of. South Bend, Indiana, for permission to construct and place a railroad track across Sample Street in the City of South Bend, Indiana along the northerly side of it's present railroad tracks. Now$ this witnesseth: That said Railway Company is granted permission !to construct such track thirteen(I3) feet center from its west bound main line across isaid Sample Street, but it shall construct it in such a manner as will cause as little obstruction as possible to foot travelers anf travelers in vehicItes using said street and sidewalk along the line of said track and said Company shall plank the said side track between the rails the entire vridth of side of the track. to make the crossing safe and convenient for.the passing of persons and Vehicles. That said Company will replace any pavement;, ot- the top serface of said street as well as place said planks promptly after laying of such track and said Railway Company shall maintain and keep in proper order and repair the said planking and other street there laid, all the time that such track may so remain. This contract shall not be valid and binding until ratified by the Common Council of the City of South,Bend, Indiana. In Witness whereof the parties hereto bo hereunto set their hands and seals this 21st., day of June, I927. R. Hinkle Johff J . Clejniczak Ralph H . Kus s BOARD OF PUBLIC 'ORKS 07 THE CITY OF SOUTH BEND INDIANA GRAND TRUNK '°IFS T ART? RAIL` IAY C011PANY. The Board appointed Ed. Heddo to serve as a member of the Board of appraisors on the Kline Street Assessment roll to replace Ralph Osborn, who is disqualif: to serve as he haw Interests in this locality and therefore could not be classed as "disinterested" person. i The meeting adjourned.at 12 O'clock Noon. attested: Clem of the Board yresiden