HomeMy WebLinkAbout02/18/1924 Board of Public Works Special Meeting Minutes12a,
Board met In special session*at 10:00 A.M. All members present.
Mayor Seebirt and -City Engineer Anderson,prosent,
The following agreement signed in Triplicate were approved by the
Board.
THIS AGREEMENT9 Made this 18th. day of February 1924by and between the
Grand Trunk Western Railway Company, a railroad oorporationtsparty of the first part, and
the City of South Bonds a municipal corporation in the State of Ind", bey and through
its Board -of Public Works, party of the second part,VITNESSETH:
'WHEREAS, the party 6 the first.part now owns and -operates a line of
interstate steam railway for the carriage of both freight and passengers for hire, which
said line is located,, in-partj on and along Diviaion Street in the said City of South -Bend,
AND, WHEREAS-, public necessity and conveniences as well as the public
safety and welfare, require.that said line of railway be removed from a part of said,,
Division Stroetq, its route altered, and -relocated within th_p limits of, said City, -And that
there be %. separationl6f the gradez..of the tracks ofsaidrelocated railwaytand intersect-
ing streets along a portion of said altered rout*4
NOW, THEREFORE-9 it is -agreed between the partiesasfollows:
(1) That not later than six years. from August 1st.9 1923s the party
of the first part will remove its rails; ties* and .-all its'equ.6pment'and property from that
part said Division Street which lice west of the west line of Michigan Street and will on
or beforolsaid time surrender and release to -'said C-ity.the right of way of the ;arty of the
-
first part on:said,.part of Division Street west of the east line of Michigan Street, and
that Itl.'will not :use. said part -of said street dor railway a purposes after such removals
provided that the- removal; -relocation and elevation of -.said tracks is not delayed by
strikest-riotss-littgation or-othei-causo not within the -oontrol,-,of said, .flr,-stz7party.
(2)That -6h-4 �p�a r t�y o f the first part will secure, a. .net right of way
.
through the said City from a:,poin-C-- near the: intersection of it,'a�,:prese..nt..right;z.of�,-,way and
Eighteenth, -Str*W(formerly _Groenlawn_-Avenue) to a pdinti�'hear-th6�'interseo'-tion--of its
-way and that the New York Central R411road`-Compainy -near Arnoldresent right of ' Streets
all approximatoly,as.shown by the,map,her*to attachedg.. M�4e.,a_ part hereof, and Marked " E
Exhibit A%
_3That the_p&'ty of the first.part
;80i I r have"tioritht jakd privilege
'track''
Aoubli
of cons-6ructing withinsaidperiod of'.time, a line ofy on
said lt*red rout* and over all in"rseotin streets provided and I shown
a9
by the! profile -and schedule, of dimensions,, clearance.st-*tc. , horoto A-11tackedl marked
exhibits-,".B" and.."C"q and made a part.-,hor*of 9 or,accordin g :to any changes.tlaerein which
may be agreed to by.- the; parties as. -the work progresses, and -.also theright and privilege
of constructing such other tracks ;at."any future- time, as- may., fr om time:: to'. time be deemed
necessary by it; provided, however, that 'the whole expons*.of.1constructing and elevating
more than said double track railway shall be borne by the party of the_,first partqi and
that the same shall be elevated -and the grades shall be separated at the same points as
herein spetified fe the saie first two tracks, and that any &&Iitional'traoks must be
annstructed within the limits of the said right of way. -of tho;-firstparty.
(4) That the said altered route shall be approximately paralfibl
and nearly contiguous to the north line of- the. present. railway right'of �W_fty of, the New
York Central Railroad Company through said City front a.-petaIL ovheEra ' north line of
said right of way intersects Clinton Street ( if produced southerly) in said City to a
point about one hundred'(100) feet east of the present intersection of said right of ways
Of the party of the first part and the Now Tork Central Railroad Company, except as herein-
after provided.
(5) That hk* party of the first part will,
construct its elevated
tracks over the following streets and alloys on its altered r4ttk6*0 to -wit:- Thrush ' Street
extended northward, Mishawaka Avenues North-sid*.Boulavardl Lincoln Way East, High Streets
Marietta Streets Sample Streets Rush Street, -Fellows Streets. Bronson Street,, Michigan
Street, Main Street,, Lafayette Boulevards Taylor Streets Scott Street andChapinStreets
In accordance with the law of the State of Indiana relating to the change of grades of
streets at their intersections with steam railroad tracks and for the depression
or ele-
vation of such tracks, all as provided in Ckapter 36 of the Acts:of the -General Assembly
of the State of Indiana for the year lg23.
(6) Th&t the party of the fIr6 I t I part will open and Onnate to public
use a street sixty-three and one-half (6301"11$ feet in width on the north side of Its pro-
posed altered rout* from Taylor Street east to Main Streets which shall include the alley
that is now located between South Street and Monroe Street. If the first party shall be
unable to purchase tko,land necessary for the opening of said new streets or if for any
reason it shall deem it inadvisable to do so, then, upon notice to the second party to
that effects the second party will cause said now street to be opened and the benefits
12i;
and damages incident thereto assessed as by law provided, in which event the first
party will pay any excess of damages over and above benefits that may be found,to
exist �y.reason of the opening of said new street.
In Consideration df the opening of said new street, Ate party of -the
saonnd party will cause, to be vacated and abandoned for street purposes the following
portions of streets; South Street from.Taylor Street to Main Street, and Williams
Street and Franklin Street from saidnew st-r"'L to South Street, or it will vacate
at least so much of saaiid' street to South Strdett or it will: tacate at least so much
of said streets as may lie within the limits of the rights of. way of the party of the
first part, as shown -by - the general plans Exhibit A.
( 7) That the "ik of securing the right of -way for ,'the altered route,
and the preliminary work on said relocated line of railway, shall be begun at-
once,
and shall be completed within three.years, and then the oonstruotion of said new
elevated line of railway stall be completed within six .years from Augustlst.s 19239
provideds the sara# shall not be interferred with or delayed by litigation, strikes,
riots or other causes beyond the control of ,the first party hereto;.and`on the
completion of said New elevated line and the opening thereof to traffic,.the right
of the party of the first part to occupy Division Street west of the east line of
Michigan Street shall terminate, and it may remove its rails, ties and plankings
therefrom.
(8) That the party of the first part will, on or before the expiration
of said six gears (unless said period of time is extended as aforesaid by causes
beyond the control of the first party).abandon its present passenger station in said
City, and construct a- new passenger station on said new route, and that if it is
deemed praeticable.by it to make arrangements with the New York Central Railroad
Company for the construction of a union station to be used jointly by said two oom»
panies, the same shall be done.
(9) That the party of the first part may build and perpetually
maintain a new freight terminal and as may team, house and other -L:tracks as it may
deem necessary on that part of Division Street -east of Michigan Street and west of
Lincoln lay East and also on and along its present.right.of way and on the property
which it now owns,,or which it may.hereafter acquire between said points east of
Carroll Street(Not however north of the north line of Lot 323 in the'Original Plat
of South Street extended east) and across all intersecting streets and alleys, and
that it shall have and enjoy the perpetual right to maintain and operate a'freight
service over its present.line of railway located east of said Michigan Street.
(10) That the party of the first part may construct and perpectually
maintain its main elevated line of railway on said altered route in manner as afore-
said.and as hereinafter provided, and may perpetually maintain its.existing tracks,
sidetracks and train tracks from EighteenthStreet ( formerly Greenlawn Avenue) to the
east line of Michigan Street for freight service as -aforesaid, and may build and
maintain its freight house and terminal and team track yards, and passenger station
as aforesaid.
(11) That the party of the first part shall be permitted to construct
a part of its freight terminal and tracks over that partg of Carroll Street and D v
Division Streets described as follows$ Beginning at a -pain t on the west line of
Carroll Street twenty (20) feet north of the south line of Division Street; thence
north along the west Tine of Carroll Street to the north line.of lot number three
hundred twenty four (324) in original plat of the town (now City) of South Bend;
thence east, across Carroll Street on the north line extended. B lot number three
hundred forty-three (343�) in,said original plat, to Meeeast line of Carroll Street
thence south along the east line'of Carroll Street to a poiAt twenty (20) feet north
of the south line of, Dividion Street; thence west to the placeofbeginning.
(12) That the said party of the first part shall have the exclusive
occupancy of Division Street east of Michigan Street to Lincoln Way East and of the
above described portion of Carroll Street for team and other tracks and freight
house uses, and %hat it shall eontinue.to have such right from and.after the time
that it has abandoned ,and surrendar+d its use of its tracks on Division Street west
of the east line of Michigan Street as aforesaid.
(13) To the end heat said party .of the first part shall in case it.
so desires have the exit usive enjoyment and use of said portion of Carroll Street as
-aforesaid, the party of the second part agrees, if and when regnasted_so to do by
the first party, to secure said right for said party of the first part in one of two
ms to be determined by the Board of Public Works of said City at its options viz:
. By the vacation of that portion of Carroll Street asuthe easement of benefits
and damages as provided by.la1v or (2) by the construction of a subway by the party
-of the first, part, north and south under said part of Carroll Street ) -with -wi-th proper
approaches$ provided the request aforesaid must bemad& within ten years from August
1,1923.
127
In the event that said Board, elects to have said subway constructed, it
reserves.the right to determine the width and height thereof and the grades of the street
approaches; but the plan shall riot require an � .elevation above the present rade of s iid
railway without the eons&nt of the party of. the first part. Each party Agrd� s to pay �ifty
per oent-of the cost of the construction of -said subway inel jjZNG necessary'drainage and
paving. The party dFf the, first part shall pay to the party of --the second part,-( in case a
subway is constructed), the fair cash market value of the fee simple title of that part of
Carroll Street situated between said lots numbered three hundred twenty-four (324 and three
hundred forty-three (343) above described. Said value shall by determined by an appraiser
appointed -by each of the parties, and if they fail to agree, then the St. Joseph Xireuit
Court upon application of either party shall appoint a third appraiser, the three appraisers
thus elected shall -be majority vote determine the same, and the determination of any such
board ofappraisers shall be final. If any person, firm or corporation is faund to be entitled
to any damages under the laws of the State of Indiana for the changing of the grade of said.
Carrlll Street by the construction of a subway as aforesaid, the said party of the second
part agrees to pay such damages and it hereby indemnifies the said party of the first part
against the payment of the same or any part thereof.
J14) The party of the second part further agrees that in consideration of
the removal and elevation of the tracks of the party of the first part as aforesaid, it will
contribute_ and pay that part; of the" expense of such elevation required"to be paid by the
City ruder
.6he provisions of chapter 36 of the Acts of 1923 aforesaid and on monthly esti
(mates in:the manner therein provided; and in addition thereto the said City will pay to said
,party of the first part, when said new right of.way is purchased and work of construction of
'kits new line is commenced, the sum of $130,390.67, and when said elevation is completed. and
(said part of DIVlsion Street is abandoned the further sum of $260,767.34, under the<author-
jity granted by Chapter Nine of the Acts ofthe General Assembly of the State of Indiana for
'the year 1921 as amended by -Chapter 175 of the Acts of said legislature for 1923.
.(15) That the City of South Bend, by and thraugh it's Board of Public Works,
may, before any work is done in the elevation of the tracks of the party of the first part
in said new location, require the tracks of -the New York Central Railroad Company to be
elevated aenoss and over the streets at which the grades are to be separated as aforesaid,
and on a portion of its right Of way which is parallel and nearly contiguous to said new
right of way of the party of the first part; it.is therefore agreed that, at the time of
the elevation of said tracks of the New York Central Railroad Company, the party of the
second part may cause street grades and improvements to be made.at any such crossings where
the grades are to be separated as aferesaid, so that the same will not only aceomodate the
Alevation of tihe New York Central RAILROAD Company, but will likewise provide for the future
elevation of the tracks of the party of the first part according to the plans hereto at-
tached; and said party of the first part agrees to pay to the party of the seenud part the
same proportion of cost fee making said improvements for its benefit as it would be required
to pay under the statutes of the STate of Indiana aforesaid if said grades and improvements
.should be made at the same time its tracks were being elevated. It is further agreed that
should the first party hereto build -its proposed new elevated line. of railroad prior to the
elevation of the tracks of the New York Central Railroad Company on that part of its right of
way which will parallel first party's relocated said right of way, then the second party
hereto will assume all responsibility for temporary obstruction to or interference with the
grades of streets pending elevation by said New York Central Railroad Company.
(16) That in no event shall the party of the first part be required, or be
called upon, to pay or to furnish the proportion of the cost of separating the grades at any
of said -streets -that under the laws of the State of Indiana should be borne by the Chicago,
South Bend and Northern Indiana Railway Company, its successors or assigns, which owns and
operates street and interurban street car lines on Mishawaka Avenue, Lincoln Way East,
Michigan Street and Chapin Street; and that said traction company shall be required to pay
its proportion of the cost of said grade separation as provided by thelaws of said state,
and in the event of its failure todo so, the same.will be paid by the party of the second
part.
(17) That in part ennsideration of the covenants herein contained, the party
of the second part does hereby release to the first party any and all claims for damages
which might otherwise arise for any interference with or obstruction to the flow of the St.
Joseph River resulting from the construction of bridge piers and abutments in the line of
said relocated right of way, anal said first party agrees to construct the piers Of.its new
bridge as neatly as practicable parallel to the flow of said s-Lream. .
- (16) That the terms and provisions of CHApter numbered 36 of the Acts of
the general Assembly of the State of Indiana for the year 1923 (see Acts 1923 pp. 110 to
124 inclusive), and the teams and provisions of chapter numbered 9 of the Acts of the Gen-
eral ASSEMBLY OF THE State of Indiana for the year 1921 (see acts 1921 pp. 19 to 25 in -
elusive) as amended by Chapter numbered 178 of the Acts of the General Assembly of the State
of Indiana for the year 1923 (see Acts 1923 pp. 528 and 529), shall be binding upon the
parties hereto and shall govern the parties and procedure in the performance of this agree-
ment, and saidActs are each hereby incorporated into and made a part of this agreement by
reference.
1'Lt;
Mondav February 18, 1
Continued.
(19) That all of the covenants and conditions to be performed by either
of the parties heretc.'.constitute the consideration for>the pefformance.by the other
and that no part of said consideration is separable.
(20) That_the party of the.first'part-may vary its proposed altered
route.as shown on Exhibit "A" within reasozabie'limits, in case unforeseen obstacles
or occasio�i should make it advisable. to do' so,. but it; shall in: no event depart`xsub-
stantially:'therefrom: provided, howerer,.that no change in said route shall be ode
without notice thereof first given to the -,,.Board of'Publie .W0,rks of, the seennd party,,
and no substantial change shall be made oer the"`obSection of said Board.
(.21) -That theplans,t profiles and soheduief, of subways hereto attache
and marked Exhibits"B" and C" are general only,: and that, the details ther6'of.with
respect to street bridges and other street work will be prepared:by.the party of the
first part with zhe Iadvice and' assistance. of the,. City Engineer and to the approval ;of,
the Hoard of Public Works of the second party prior to the commencement of the work
of construction and elevation.
(22) That the party of the :second part will vacate and close all alleys
and streets within the proposed relocated right of way where openings are not pro-
vided for in tffiis agreement, and that the following additional portions of streets
will be�vacated and closed: Laurel Street, south of the proposed right of way;'
Pine Street south of Monroe.Street; and Monroe.Street between Laurel and ChaPin
Streets, or at the. option, of the Board of Public Works it may. vacate so much of ei,her
of said Streets as sill lie within the limits of the iigh'L of way -of party of the
first part, as shown by the general plan, Exhibit, A. It is further agreed that a new
street,, not exceeding fifty feet in width, shall beopened south of said relocated
right of way from Laurel to Chapin Streets uihder the same plan, terms, and conditions
as herein provided for opening a new street from Taylor Street to Main Street.
(23) That the party of the second part will save harmless and indemnify
the party of the first part agginst.payment of any and all claims whatsoever and all
costs and damages arising out of or resulting from the change of the grade of any
street where openings are provided as --aforesaid.
(24) .The_.second party hereto will secure for the first party the right
to cross, as shown.by the.,general plan, Exhibit Al the property'of the second party on
the line of said altered route near Eighteenth Street -(formerly Greenlawn Avenue),
and an both sides of the St. Joseph River, free of cost to the first party.
(24) The party of the second part agrees to cause all public utilities
owning or contrilling-equipment on, above or under the surface of any and all streets
affected by the construction of said new elevated line of railroad to adjust their
said equipment to the new grade or grades of said streets, withast expense to the
first party hereto.
(26) That whenever it becomes necessary to change the grade of any
street intersected by said altered route, the work incident to such change and the
material rQgired therefor. shall be furnishec by the party of the first, part under
the direction of the Board of Pthblio Works and City Engineer of the party of the
seendd part.. If any existing pavement shall be thus disturbed it shall be replaced
with a sheet asphalt pavementlaid On a six inch concrete foundation of the same
width unless otherwise shown on said map and profile, or by any other pavement desig-
nated by the Board of Public Works, the cost of construction of which will not ex-
teed that of such asphalt pavement. Std'ewAlks and curbs shall be replaced by side-
walks and curbs of like character and dimensions as those removed. The cost of all
such changes shall be opportioned in accordance with the provision of Chapter 36 of
the aforesaid Acts of the General Assembly of the State of Indiana for the year 1923;
provided, however, that the party of the second part may require any such new pave-
ment, sidewalk or curb to be constructed of greater width or strength or of different
character, in which case any addiL-ional expense shall be borne by the party Of the
second part.
(27) That the several streets intersected by the altered raure of party
mf the first part, at which any change of grade of the street is required, as well as
the extent of such change of grade and the slope of the new grade as agreed upon,
are indicated upon the map, profile and schedule of dimensions, Exhibits A. B Axad C,
attached hereto as aforesaid. Party of the second Part reserves the right to fur-
ther alter or change the slope of any such grade outside the limits of the right of
way of.the.party of the first part, but the cost incident to such change, in excess of
the cost of the change of grade as shown on such map, profile and schedule shall be
borne by the party of the second part, wxcept; a's to thw gride of any street between
the -right of way of the New York Central Railroad and that of the party of the firs,
part in the event said New York Central Railroad shall elevate its tracks prior to
or contemporaneous with the elevation of the tracks of the party of the first part,
(28) That, whereas, the party of the second part cnntempliates the
widening of EAST Sample Street at the point where it crosses the prgposed altered
route of the party of the first part from its present width of 40 feet to a t6tal•
width of 80 feet, and to take the land required fev such additional width from the
ruary 18.,...1924 Continued. ,
north side of tho present street.; ands whereas,_ the party of the second part also contem-
plates thewidening of. South Fellows Street.*the point where it crosses said proposed
route from its present width of 40 feet to -a total width of 60 Feet,; and` to take' the land
required for such additional width from the east side of said streetq therefore it is
agreed that ;the party of the first, part will.,p-rovide a street opening 80 feet in width at �
said Samp-Xe Street, crossing, and a street opening 60 feet in 'widish at said South Fellows
Street opening The,, party of the second part Agrees to, relieve the party of the first part.
from all:.cost or expense incident to the widening.of said Streets and for the purchase or
condemnation of the land required th6 efor. 'Should. 'the legal proceedings incident to the
widening of said�� streets, or -'either of them, not. be enncluded prior to the acquisition by
the party Of the first part of the land required for its altered route over suddacross
the street intersections oforesaid, then the party of the first part may acquire by pur-
chase or codemnatinn the land.whch will become neoessar`y "for,the widening of said Streets,
within the limits of said' altered route, and the party of the second part,: in such case,
will' `repay t,o the party of a the first part t)ze cost of the land `thus acquired, which is
If a'4y portion of such land
within the limits of said Streets As proposed to be widened..
shall eonstitute a part of a larger tract, part of which may lie within the limits of
such widened streets, andpart within the limits of proposed right of way, then the party
of the second part will pay to the party of the first part that proportion of the cost
theref as the, area of the =part lying within .the limits of the proposed,wi-derned street shall
bear to the part which may lie within the limits of the proposed right of way.
(29) This contract shall not be binding upon the parties hereto until the
same sh-111 have been ratified by an ordinance adopted by`the Common _Council of the City
of South Bend, Indiana. The ratification of this comtract- by said Common Council shall
constitute its approval and sanct=inn of all action and proceedings required herein to be
taken by the Board of Public Works for the opening and vacation of streets and parts of
streets, and the appropriation of land, which may become necessary in order to carry
this agreement into effect'.
IN WITNESS WHEREOF the,parties have cau--3ed their respective corporate names
to be signed -and their corporate seals affixed hereto and attested by the hands of their
CD
duly authorized officers on the day, and year first above written'.
GRAND TRUNK WESTERN RAILWAY COMPANY
By H. W. THORNTON
President
ATTEST: W. C. TOMKINS
Secretary
RECO J14ENDED
H E WHITTENBERGER
General. Manager
Atte t:
Clark of tha Board.
CITY OF SOUTH BEND, INDIANA_
By L. B. SLAUGHTER
L. P. HARDY
ALBERT F.- HONER
Board of Public Works
+:
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