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HomeMy WebLinkAbout01/09/1925 Board of Public Works Minutes564 Board met in adjourned session at 2000 P. M. All members present. Ilaydr Seebirt, City Attor3ne°y Hammond and City Engineer Anderson present. This being the date set for the deferred hearing on 'Resolution No. 4 for Grade Separation of New York Ventral. Railroad tracks at certain street Streets in the City, and hearing on contraet of '.the New Yerk Central Railroad Company for a right of franchise to construct certain tracks over and across certain streets and alleys within the Limits of this City. " Atty. John G. Yeagley representing the New York Central RailRoad Company appeared and makes motion that New York Centtoal Railroad Company does with -draw all remonstrances against, resolutions for track elevation and grade" Separation in this City and consents to adoption of Grade Separation Resolution No-, 4.as modified. Interested citizens appeared and were heard by the Board. Atty. Hammerschmidt representing property owners at Walnut Street and Division Street present but no further written remotustrance was filed. - R. R. Smith Vice President and Gen'1 Mgr. of the Chicago, South _-Bend & Northern Indiana -Railway Company present and stated that he was willing to let their interests in this matter be taken care of by the City. Atty. Buczkowski representing property owners, requested that all remonstrances in respect to original resolution'be refiled as to modified resolution No. 4. Motion made by Albert F. Honer and seconded by L..P. F,ardy and unsimously approved that all remonstrances be over -ruled and that Grade Separate. Separation.Resolution No. 4 be modified to read as follows; MODIFI4.D RESOLUTION NO. 4 FOR GRADE SEPARATION. That Whereas on the 29th. day of January, 1924, the Board of Pubs Public Works of the City of South Bend, adopted Resolution No. 4 for the separation of grades of the New York Central Railroad Company where the same in. tersects the said streets in said City; and the Board caused notice of the - pendency of the said Resolution to be nerved upon all persons and companies affected.thereby as required by law; that after a hearing of the agents* and attorneys of said companies and persons as -required by law, the Board does here.. by modift said Resolution No. 4 to read as follows; ' WHEREAS, it is deemed necessary for the public good that the grades of certain streets of the City of South Bends Indiana, where the same intersects the tracks of_the railroad companies herein after named,,be changed and altered, and that the grades ('f the tracks of said railroad companies be altered and changed•, NOW, THEREFOIE, be it resolved by the Board of Public Works of, the City of South Bend, Indiana: That, the grade cro sings of the tracks of the New York Central Railroad Company, a steam railroad, at the intersection of its tracks wfthy�, Chapin S rent, SCOTT ST F•T, PRAIRIE AVbNtTE, LAFAYETT STR-ET, RI CfiA Si,REEt, hiGh StREEt, MIAMI STREET, all in serer City of South Bend, Indiana, be altered by the elevation of said tracks, or by th depression of said streets* or by a combined elevation of said tracks with a depression of such streets at such intersections; and also, by reason of the abdresaid elevation or depression, that the grade of certain other streets and alleys and of certain railroads and railways be changed; and that the change in grade of said several streets, railroad and railways intersecting said railroad, and of certain street and alleys intersecting said streets and other railway and railroad tracks and the amount in feet of the clearance of the superstructure over the above named streets, shall be as follows; (1) The grade of Cherry Street where the same intersects the north rail of the west, bound main track and the south rail of the east bound main track of the Ne-w York Central Railway Company shall be raised not more than one and one -tenth (1.1) feet bbove the top of the south rail of the west bound track as now maintained, the present elevation of said south rail being 62.23 when referred to South Bend datum and 147.44 when referred to New York Central RailRoad datum. The grade of said street at the northerly and southerly lines of the right of way of said railroad company shall be raised not more than foUty-four hundreths (0,44) of a foot above the top p0 the south rail of the west bound main track as now maintained. ?, The grade of the approaches of said Cherry Street north from the northerly.line, of the :ri,� ht of way and south from the southerly line of the right of way shall descend five.(5� feet to each one hundred (100) feet'until they inter- seet.the present grade of Cherry Street, except that, vertical oufves,forty (40) feet in length shall be provided at the upper and lower ends of the approaches. (2) The grade of Division Street where the same intersects the northerly rail of the west bound mein track and the southerly rail of the east hound main track of the New York -Central Railroad Company shall be raised not more than three and twenty-five hundreths (3.25) feet above the top ._of the southerly rail of the west mound min track as -nova m intainedj, the present elevation of said tra4k.being 62.31 khen referred .to South Bend datum.and 147.52 when referred to -New York Central Railroad datum. The grade of Division Street inhere it intersects the northerly line of the right of way of said railroad and the grade of the north side of said street at a point due north of trhe -intersection of the south curb line wi--t,h t-ba northerly lane of the right'of way shall be raised not more than two and sixty-6ne hundredths (2.61) feet, above the top of the southrail of the west.bound main track as. 'now maintained; and they grade of'Division Street where it intersects the southerly line of the right s. way of said railroad company and the grade of the south side of said street due south of the intersection of the north curb line with the southerly line of the right of waysdhall he raised not more than one and seventy two hundredths (1.72) feet above the top of the southerly rail of the west ,bound mein track as now maintained. The grades of the approaches of said Division Street, east and wes from the points fixed above shall descend at the rate of five (5) feet to -each one hundred (100) feet until they intersect, the present grade of Division Street,, except that vertical curves forty (40) feet in length shall he pr"iftd Pt the tipper and lower nds of the approaches. The .ggrade of Walnut Street,., which ' interseet�s Division Street, shall on. each side of said Division Street be tmade' to, conform to the grade of Division Street as fixed above, and shall descend at the rate of five (5) feet to each one hundred (100) feet until said grades intersect, the present grades of Walnut t Street, excep_t that vertical curvea forty (40) feet in length shall be_provided at the upper and lower ends of the grades .as changed.. (3). The grade of Arnold Street where the -same intersects the northerly rail of the west bound psain track and the southerly rail of the east, bound main track shall be raised not more than six (6) feet above � he top of the south rail of the west hound main tra,ok as now maintained, the present elevation of said trackbeing 62.72 when referred to South Bend datum, and 14793 when referred to New York _0'entral RailRoad datum. The grade of Arnold Street where it intersects the northerly and southerly lines of the right of way of said railroad shall he. raised not, more ' than five and thirty-four hundredths (5.34) feel. move the top of the south rail of the west bound min track as now maintained; and the grade of Arnold Street where the same intersects the tracks of the Grand Trunk Western RailwayCommpany shall be raised six and one tenth (6.1) feet above..the top of the highest rail of said tracks as now maintained; and the grade' of Arnold Street where the same intersects the tracks of the New.York CentralRailroad Company, formerly the Chicago, Indiana and Southern Railroad Company shall be raised not %o _exceed -six (6) feet above the top of the highest rail of said tracks as now maintained, and the -grade of said street, where it intersects the switch track of the New York Central RailRoad Compan leading into the Oliver Chilled Plow Works, shall,be raised not to exceed six T feet above the top 9f-the highest rail of said switch track as now maintained and the tracks of said companies across said street at said points shall be raised to conform to the grade of said street at said several points when changed as provided herein. The grade of said Street north from the northerly line of the right of way of the New York Central RailRoad Company as fixed herein shall be a descending grade of five (5) feet to each one hundred �(100) Peet until it intersects the present street greid� except that vertical curves forty (40) feet in length shall be provided at the tipper and the lower ends of the approach; the grade of said street south from the 'southerly line of the right, of way shall be a descending grade to a point midway between said southerly line of the right of way.and the northerly rail of the. Grand Trunk We Railway Company, which point,. shall be not tbore than four (4) feet higher than the top of the south. rail- of the west bond main track of the New York Central -Railroad Company as now maintained, and the grade from said last, Unadd point shall be an ascending grade to a point four (4) feet north of the northerly rail of the Grand Trunk Western Railway Company, and the grade of said street four (4) feet north of the northerly rail of the Grand Trunk Western Railway Company shall be raised to conform with the grade' of said norther- ly rail as fixed above. The grade of Arnold Street from the southerly rail of the Grand Trunk Western Railway Company shall be a straight line to the northerly rail of the tracks of the New York Central Railroad Company formerly the Chicago, Indiana and Southern Railroad Company, and the grade of said street from the best above mentioned point shall be a straight line to the northerly rail of the switch track 56-6 of the New York Central Railroad Company leading to the Oliver Chilled Plow Works: and the" grade of said street from the southerly rail of the last above. - mentioned track shall bea descending grade `d'f five (`5) feet to each one h ndned (100)'feet until it intersects the presenrt grade of Arnold Streets e cept that. vertical"curves forty (40) feet=in Length shall be provided at th, the upper- and lower ends of the opproa;bh. The grade of Hancock Street,,, where it intersdct;s Arnold Street on tte. east side, shah be changed so as to conform to the grade of Arnold Street as fixed above, and then descend at 'the -rate of Five-: ("5) feet to -eaoh one hundred (100) feet until it intersects, the present st,.x,eet grade a-t Hancok ganeodk Street, except that vertical curve forty (40) feet in length shall be provided at the upper and lower ends of the -grade as changed. 'The grade of Huron Street:; where it intersects Arnold Street on the west"side, shall be changed so as to conform to the grade of Arnold `;Street as fixed abo-vet'-and then descend�at the rate of five (5) feet to each gone hundred (100) feet until it intersects the _present street grade of Huron Street, except that.vertical curves'forty (40) feet in length shall be pro- vided at the upper and dower ends of the grade as changers. (4) , .CHAPIN . STR44T%; At the hitersection of Chapin Street and the �tracks. of said railroad the surface of said street shall be depressed seven and th�rty-nine. hundredths (7.39) feet below the top sf the south rail of the west bound main -track as now maintained at said intersections, the elevation of said .`rail being 63.58 when referred to South Bend datum and 1 148,79 when referred to New York.Central datum; the clearnace shall be fifty"een `(15) feet betwee n the surface of "thC'street as fixed above and the superstructure over said street; then grade of said streei6 under the super- structure shall be level. The grade of the apporaeh of said street north shall be -a level grade from the north line of the superstructure to a point eight (80) fee,t north of the north line of Dunn Street. The grade of the approach on the south shall be a level to a'point twenty five (25) feet, south of the south line of the superstructure ,and shall then be an ascending grade two and one-half (2 j) feet to each orie hundred (100) fees until it in- tersects the present grave of the street,, except that vertical curves sixty (60) feet in length shall be provided at the upper and lower ends of the grade as changed on the south side of the superstruotuTe(, 15) The grade of Dunn Street, which intersects Chapin Street at a point iiumediately north of the tracks of daid railroad shall be changed and the grade east from fthe east line of Chapin Street as fixed at No. 4 above, shall be an ascending grave three (3) feet in each one hundred (100) feet until it intersects hhe present grade of Dunn Street; except that vertical curves sixty (60) feet in length shall be provided at the tipper and lower end of the grade as changer. (6) Scott Street; At the intersection of Scott Street and the. tracks of said railroad, the surface of said street shall be depressed three () feet below the top of the south rail of the west bound -main track as now maintained at said interse etion, the elevation of said rail being 64.20 when referred to South Bend datum and, 149.41 when referred to New York Centrd datum, Clearance shall be twelve and one-half (1*) feet between the sur- face of the street as fi xed above and the superstructure over said,street; the -grade of the approach of said street north from the north line of the superstructure shall be a straight line until it intersects the present..grade of Scott Street at the south line of Dunn. Street, and the grade of the approach from the south line of the superstructure shall be a straight line until it intersects- the present grade of Scott Street at the north line of Fora Street. f (7) The grade of the first alley north of Ford Street, which alley intersects Chapin Street and Scott Street, shall be changed and the grade of said alley east from the east line of Chapin Street as established in No. 4 above shall be an ascending grade of three (3) feet to each hundred (100) feet, until it intersects the present grade of said alley; except that vertical curves forty (40) feet in length shall be provided at the upper and lower ends of the grade as changed; and the grade of sgid alley west of the west line of scott Street, as established in No. 6 above, shall be .- an ascending grade of three (3) feet to each one hundred (100) feet until it intersects the present grade of said alley, except that vertical murves forty (40) feet in length shall be provided at the upper and lower ends of th the grade as changed. 56�1 (8) Prairie Avenue; AL the intersection of:Prairie Avenue and the tracks of said railroad, the -surface of said avenue, where it intersects the tracks leading to the Studebaker Plant and to the team yard, shall be depressed seven and forty-nine hundredths (7.49) feet below the top of the south rail of the west bound main tracks as now ma.intaine.d . the,'alevation of saiA south rail being 64.28 when referred,to South Bend datum and 149.4-9 = eforred to New York Central Datum. Clearano* shall he; twelve and. one -half (i ) feint bo weln the surface of the avenue as,fixed�above and the superstructure of a tracks leading to the team yard and Studeba or plant. "the grade' of the app oaah of said avenue north -from the L#Wrth .line of the stLperstruat,ure ,aaraying the tracks to the team yard and Studebaker Plant shall be an .ascending grade of three, (3) feet to each one hundred (100) feet and€ the grade of the approach south.from the south line of the southerly superstructure shall be an aswiding grade of three (3) foot to. eaah on* hundred (100), foci, until ih .inter seats the present grade.of Prairie Avenue except that vertical curves sixty (60) feet in length sY a.11 be provided at the upper and lower ends of the approaches,', That Prairie Avenue -has been Inoreased,in width ten (10) feet south of the right of way of said railroad to.a total width of -seventy (70) feet, and it is ordered that said avenue be opened to 'a . width of seventy (70) feet across said right ,ef waxy, and that, a subway shall be -constructed for said width of seventy (70) feet. (9) The grade of -South Street which inte'Tseots Scott Street and Prairie Ave: ` shall be changed and -,the grade of �said South Street east from the east dine of Scott Street,, as established at No. 0 above shall be an ascending grave of three (3) feet to each one hundred (100) feet until it intersects the present street grade of South Street, and the grades of said South Street -east and west of Prairie Avenue, as established at.No.`8 above, shall be'ascending rades of three (3) feet to each one hundred (100) feet each way -east and west, until he intersect the present grades of South Street, except that vertical curves sixty (60T feet in length shall_ be provided as the tipper and lower ends of the approaohes. Q (10) The grade of Taylor Street, which intersects Prairie. Avenue, Shall be changed* begin*ing at the grade of said Prairie Avenue as establishers at No. 8 above, there shall bean ascending grade north of three (3) feet to each one (100) feet until it intersects the present grade of said street, except that a vertical suarve sixty (60) feet irislength shall be provided at the upper end of the approach. - (11) Lafayette Street: At the intersection of Lafayette Street and the , tracks of said railroad, the surface of said street from h point . five (5) feet north of the north line of the superstructure to a point five (5) feed south of the south line of the superstructure shall be depressed one and fifty -one' hundredths (1,511 feet below the top of the south rail of the west bound main tracks as now m aintained, the elevation;.of said track being 64.72 when referred to South Bend datum X and 149.73 when referred to New York Central datum. Clearance shall be twelve and,one- half (12 ) feet between the surface of the street as fixed abovex6nd the superstructure over sail street; and the grade of the approach north from the"point five (5) feet north of the north line of the superstructure shall -be an ascending grade along two.-,, vertical curves of equal length and intersecting the present, grade of Lafayette Street at the north line of '-,South Street; and the grade of the approach south from a point five (5) feet south from the south line of the superstructure shall be asoending• grade of two and one-half (2210 feet to each one hundred (100) feet,until it inter- sects the present glade of Lafayette Street, except that verb :�Ll curves sixty (60) feet in length shall be provided at the caper and lower ends of the approach. (12). MAIN STR�& T. At the intersection of Main Street and the tracks of said railroad the surface of said street from a point one hundred amd twenty (120) feet south of South Street to a paint five (5) feet south of the south �Jne od the south line of the superstructure o e!r said street shall be depressed two,and thirty-one hundredths (2,31) feet below the top of the south rail of the west bound main track at said intersection as now maintained; the elevation of said raid; being 65.32 when referred to South Bend datum and 150.3 when referred to New York'Central datum; clearance shall be Twelve and one-half (1) feet between the surface of the street as fixed above and the superstructure over said street; the grade of tho approach south from the point five (5) feet south of the south line of the superstruo= Lure shall be an ascending grade along two vertical curves of equal length and JA; er- sooting the present grade' of Main Street at the north line of; Bronson -Street., (13) MICHIGAN STFM$T. At the intersection of Michigan Street and the tracks of said railroad, the surface of said street from a point sixly-flva (65) feet north of the north line. of Bronson"Street to the south line of Bronson Street shall be depressed five and sixteen hundredths (5.16) feet, below the top of the south rail of the west bound main track at the intersection as now maintainet .the elevation i f said rail being 65.67 when referred 10 South Bend datum and 150.88 when referred toNew York Central datum; clearance shall be fifteen (15) feet tetween the surface of ] WO the street as above, and the bottom of the superstructure over Iwtd street; the grade of the approach on the sn th from the south .line at` Brans, Street:. shall be to ascending grade of J two and. one -ha (21) feel, to each one hundred (100) feet until, it intersects the present grade o . Micigan Street, except that,vez�Lioa,l ourv# 568 i sixty (60) feet in length shall be provided at the upper and lower ends of the approach - (14) BRONSON STD T. A14 the intersection of Bronson Street and - the tracks,ef said railroad (which street intersects then at the same point that*Mich gan Straet does), the surraee.of id street shall be. depressed five and sixteen hundredths. (5.16) feet below'the•top of the ,south rail_of the west bound main track of said- interseotion'as now maintained; then clearance shall be twelve and one-haif(12') feet between'the surface of the -street -at fixed 8i�ove`'and the bottom it the superstructure ovet said street; the`grade of the approach of said street east from the east ' line ' of ` the superstructure shall be a 'level grade to the easterly Tine of the right of thy; and the grade of the -approae-h west from the west line of Michigan Street shall be an aselending grade of Three -(3) feet to each hne hundred .( 00) feet until it intersects the present street grade of Bronson Street,exoept that vertical curves sixty (60) feet in ,length shall be provided at the upper and `lower -ends of the approach. (i5)LIOwS STD T. At the intersection of Fellows Street and the tracks of aid'raflroad, the aurf$ee of -,mid street shah be depressed as follows=` ' The gradeof °said •street from a point one hundred and twenty (120) feet .north of the present north .line of Sample Street to the northerly line of t the right of way shall be depressed six and fifty-nine hundredths "(6.59) feel, below the tip of the southrail of the west bound main track at,said intersection a's now vaintalzed,, the elevation of said track -being 67.66 when referred to Souk South Band Datum and.152.87 when referred to New York Centraldatum;; clearance .shall be `fourteen (14) feeet, between the surface of the street, : as fixed above and eta the bottom of the- superstructure over saki street. *The grave of Fellows iStreet from a point #tart)+ (4D) feet north of the presentnorth line of Sample ,Street to the south line of Semple Street shall be depressed five and four tenths (5.4) feel, below the lop of said south rail of the westbound main track, ano the grade.of Follows Street between the .point no hundred and twen,%,y (120) 4feet north of the north line of Sample Street and the point forty (40) feet norU of the North line of Sassple. Street a s fixed above shall be an ascending grade along two (2) vertical curves each forty (40) feet in eingth, and the grade .of Follows Street south of the south line of Sample Street as fixed above shall be an ascending grade of two and one-half (*) feet to each one hundred (100) feet until it intersects the.present grade of Fellows Street, except that ver- tical curves sixty (60) feet.long shall be provided at the upper and lower ends of the grade. That Follows Street is being increased in width by adding twenty (20) feet to the -east side of said street, and it is therefore ordered Ihat the grades of said railroad shall be separated -at said Fellows Street so asto proms vide for a street sixty (60) feet -.in width. )1-6) The -grade of the first alley south of Sample Street; which i°nterseets' Fellows. Street shall be changed so as to conform to the grade oellows Street as fixed at No. 15, above; and the grade of said alley both ,ow.a►nd west of Fellows Street shall be an ascending grade of five (,5) fe.et to each one hundred (.100) feet until it intersects. the present grade of said alley. (17). The grade of Tutt Street whihh intersects Fellows Street shall .be changed to conform t..o the grade of Fellows Street as established at No. 1*5 above, and the grade , of said street west from the west line of Fellers Street; shall be. an ascending grade of three (3) _feet toeaeh one hundred (100) feet until it intersects the present grade of TuU Street, except that vertical ;ourvas sixty (60) feet in length shall be provided at the upper and lower ends o' the grade. (18) SAMPI& STHiST. At the intersection of Sample Street and - the tracks of said railroad the grade of said street from a point one hundred and thirty.(130) feet east of the_ present east line of Fellows Street to the easterly line of the right of way of said railroad shall be depressed six and _, t41rty-six hundredths •(6.36) feet below the top of the south rail of the west _bound main track at said intersection as now maintained; the elevation of said rail being.67.27 when referred to South Bend Datum and 152.48 when referred to New York Central datum; clearance shall be fourteen (14) feet between the Sur- face of the street as fixed above and the bottom of the superstructure over said street. The grade of the approach of sal-d_street west from --the grade established above at the point one hundred and thirty (130) feet east of the present east line of Fellows Street,, shall be an ascending grade of two (2) ;feet to each' one- hundred (100) feet until it intersects the present grade of Fellows Street as.fixed at No. 15 above except that vertical curves sixty (60) feet in length shall be provided at the upper and lower ends of the grade, and the grade of Sample Street west of the west line of Fellows Street -shall be an ascending grade of two (2) feet, to each one hundred (100) feet until it intersects the present grade of Sample Street, except that vertical curves sixty (60)'feet in length shall be provided at the upper and lower ends of the grade. I That Sample Street is being increased in width by adding forty (40), feel, to the north side of said street, and it is' therefore ordered that the grades of said railroad.. shall be separated at said Sample Street; so as to provided for a street fight (80) feet in width. . (19) RUSH STR;2T. No separation of grades shall be' required -where` hhe tracks of said railroad intersect Rush Street, and that- part ,of said street which lies within the'right-of way of said Capany shall be vacated: (20)The grade of the first alley.east of Fellows Street which inter- sects Sample Street on the south side 6hall be changed so as to conform -to the grade of Sample Street as established at No. 18 above, and then ascend to the south at the rate of five (5) feet to each one hundred (100) feet until it intersects the present grade of sa id ' a iley. (21) ' OHIO STR&ST. No .separation of grades shall be required where the tracks of said railroad intersect Ohio Straat, .and_ that part of 'said` streat which lies within the right of way of said company shall. be+vacated. Said Ohio Street',' shall be connected with Marietta Street west of; the right, of way of said rallroad", +and a separation of grades of Marietta.Streat shal.l.be,provided as stated in No. 22 below. And the grade of said Ohio Street west -of Marietta Street shall be straight, line from the grade of the westerly line of Marietta Street,as fixed in No. 22 below to. the present grade of Ohio Street'at -the west, line, of the alley .east of Rush Street; 'and the grade of Ohio Street east of Marietta Street'shall be an ascending grade on a ,straight► line from the grade of. the easterly, line of Marietta Street:as.fixed in No. 22 below until it intersects the present grade of Ohio Street one hundred (100) feet west of the west line of the alley west of High Street,." (22) MARI&TTA STIZSgT. The intersection of Marietta Street and said railroad shall be changed so that said street shall cross the right of way of said railroad at right angles and at a width of sixty (60) feet. The center line of said Marietta Street as changed shall intersect the.center line of .the right of way of said railroad at approximately the same point where the present center line of said Marietta Street intersects the center line of the right of way. And at -said changer intersection of Marietta.Streat and the tracks of said railroad the surface of said street shall be depressed four and sixty-nine hundredths (4069( feet, below the top of t the south rail of the west bound main track at said intersection as now maintained, the.elevation of said track being 66.81 when referred to South Bend datum and 152.02 when -referred to New York Central .datum; clearance shall be twelve and one., -half (12) feet between the surface of the street as fixed above and the bottom of the superstrue- ture.ver said street; and'the grade of the approach to the north of the superstructure shall be a level grade until it intersects the present grade of Marietta Streej and the pproach of said street..to the south shall be a level grade from the southerly' line of -the superstructure to ,a point one hundred fifty (150) feet north of Keasey Street and from a point one hundred fifty (150) feet north of Keasey Street shal. be a straight line until it intersects the -present grade at the north line,of Keasey Street. (23).+HIGH STR&ST. At the intersection of High Street and the tracks of said railroad, the surface of said street shall tre depressed seven and four -tenths (7.4) feet below the top, of the south rail of the west -bound main track at said intersection as now maintained; the elevation of said track being 66.37 when referred to South Bend datum and 151,58 when referred to New York Central datum; clearance shall be fourteen (14) feet between the, surface of the street as fixed above and the bottom of the superstructure over said street; ,the grade ofthe approach of said street north from the north line of the superstructure shall be a level grade tothe north side of the first alley south of Ohio Street and then a descending grade of -seven -tenths (0.7) of a foot to each one hundred (100) feet to a point eight -five (85) feet south of the south line of 'Ohio Street; and. the grade of the approach of said street south from the south line of the sup -ors structure shall be a level grade to a point sixty (60) feet north of this north line 9fthe alley north of :Wenger Streat, and then an ascending 'grace of two and =one- half (*) feet to each one hundred (100) feet unt-11 it# intersects _the present grade of said street, except that vertical -curves sixty- (60Y ,feet in length shall be pro- vided at the upper and lower ends of the grade. ( 24) The grade of Kessay Street where the same interse6be'west line of High Street shall be, changed -so as to.eonform to the grade of High Street as fixed in No, 23 above, and the grade of said street west from the west line .of High Street shall be an ascending grade of three (3) feet to each one hundred 1Q ) feet until it intersects the present grade of said street except that vartidox curves sixty (60) feel, in length shall be provided for at the upper and lower enOv of the grade. The grade of the first, alley south of Ohio Street which InVer the west line of High StreeQ t shall be changed so as to conform to the grade f High Street, and 'the grade of said alley west of the west line of High` Street ` shall be an ascending grade of five (5) feeta to each one hundred fae� until it intersects the present grade of said alley. 570 ( 25) . MIAMI . STR ET. At the intersection of Miami Street and the tracks of.said railroad the.surface,of said street, shall b depressed nine and nine hundreAths-(9.09) feet below the top of the south rail of the west bound track at said intersection as now maintained; the elevation of said rail being .65.79 when referred to South Bend datum and 151.00 when :referred to New York Central ;datum; -clearance shall be t2). 'twelve (1feet betwedn the surface of the street as fixer above and the bo-utom of the superstructure over said street. The grade ofrthe-approach of said street north from the north line of the superstructure shall be an ascending grade of twa end one-half (22) feel, to each one hundred (100) feet until it inter -seats the present rade of Miami Straee-t excej that -vertical curves forty (40) feel. in length shad be provided at the upper and lower ends 6 the grade and i,he grade of the approach to the South of the°huperttructure shall be a. straight line until it intersects the present grade of Miami Street at Pennsylvania Avenue_. It is further ordered the that the separation of the grades of said Miami Street at said intersootion.and in the above manner is temporary only and maybe changed in future proceedings of the Board of Waiks Public Works whenever separation of the grades of said railroad company Is ordered easterly of said.intersectioh. The grade of gook Street which intersects Mixed Street on the`West side, shall -'be changed so as to. conform to the grade of" Miami Street, and thenascend at` the rate of five (5),feet„to each one hundred (100) fee_t'until it intersects the present grade of Brook,,Street. (26) The` grade of MARINA STH3ZT where the same intersects the tracks of daid railroad shall not be raised` but the tracks of said railroad where they intersect said street shall be raised four and sixty ninehundredths (4 69) feet above the top of the south rail of the west bound main-traok as now maintained, the elevation of said track- being 66.34 when referred to South Bend datum and 151,55 when-referred.to New York.Central datum and the tracks of said company across the said street shall be raised to conform to the grade as provided herein,. (27) The grade of L&R STR�ST where the same intersects the tracks 6 said railroad shall be raised two and sixteen hundredths (2,16) feet above the top of 'the south rain of the west, bound main track as now minLAined.L. the, elevation 'of said roli being 66.46 when 're xred to South Bend datum and 151.67 when 'referred to New York' Central datum. The grads of said street where it inters* eta the northerly"right.of way line shall be raised one and ninety four hundredths (1.94) feet above south rail and than grade of said street where it intersects the southt,iaii right of way line shall be:raised one and twenty- seven hundredths-(1.27) feet above said south rail. The grade'of the approach north from the north right of way line shall be a descending grade of five ('5) feet to each one hundred feet until it intersects -the present grade of Leer Street except that vertical curve forty (40) feet in length shall be provided at the uppe-r and 'lower ends of tho approach. The grade of the ap- proach south from the south right, of- line shall be a descending grade of three (3)-feet to each one hundred (1-0 foot: -until it intersects the present grade of Leer Street, except "t.bst vertical agave forty (40) feet in length shall be provi ed at the upper and lvw:r onds of the approach. (28) No separation of graders, shall be required where the tracks of said railroad intersect the:- firs,16 alley east. of Michigan Street ,and that, pat part of s#id alley which liew within -bhe right of wV of said company shall be vacated. » . ( 29.) . The t alp d-f the GRAND .TRUNK W;STLII RN RAILWAY`JCOMPANY amd l6i<e N& W YpRK (:NTR #�. G6 AI at the point where they cross just east of Arnold Streei. s _ i be raiveO six, and oue-half(6-�) feet above the top of the ra.ijs 4f the as�aeF = Prose as nab€ Maintain at said crossing; .and the. tracks of said t � be ,ra�isie� to- conform tothe grade of daid crossing ._ - point when chi a1 as pr6VIded herein. } T of DIVISION STET shall be changed, beginning at -a point o (foot east of the east line of Pine Street and then e`gcendl aeatrn (80 Of* foot in each one hundred (100) feet to the - west "lime,:@P .t:, ': *hloh point the raise , in the grade of Laurel Street s i 3da *so*" th and four -tenths (3.4) feet above the present grad grace of the trwaks af the Gin AA Trunk. Western Railway Company. The grade of Dirt-slort -61-*eet_* " from: %ba last. above mentioned �olntv shall be a descending grada>t five (5) feet in each. on* hundred (100 feet, until it intersects the p s nlet grade of Division Street most of Laurel Street; and the grade of Laurel Street shall ipe changed so a.s ..to, conform to the grade of Division Street,, and oh each side of "Division atreet shall be descending grade of five (5) feet to each one hundred (100) feet until they intersect the present street, grades of Le rel Street. The grade' of Pi Street which intersects Division Street and tiie tracks ,of the Grand Trunk WsOern Railway Company, shall be changed so as to conform to the grade of Division. Street as herein established, and shall descend from each side thereof at, the rate of five (5) feet in each one hundred (100) feet, until it intersects the present grade of Pine Street, (31) The grade of SOUTH WALNUT STM�l T iqhvve Ike same-:inLerse.ets:.�the tracks of the, Grand Trunk.-WesternRailway and the tracks of the Illinois Division of the New York Central --Railroad shall be raised not more than two `and seventy. -one hundredths (2.71) feet above the highest rail of the Grand Trunk Western Railway Company's tracks as now maintained, the elevation of said rail being 61.48 when referred to South Bend datum. The grade of said street fourteen (14) feet .north and fourteen (14).feet south of the northerly and southerly rails of the tracks of the New -York Central,Railroad Company shall be raised not more than two and seventy-one hundredths (2 71) feet above ` the said highest rail of the Grand ' Trunk Western,.. Railway Company, and the grade of the approaches north and south from the above mentioned points shall be descending grades of five (5) feet to each qns hundred (100) feet until they intersect the present grade of Walnut Street, except that vertical curves forty (40) feet in length shall be provided at the upper and lower ends of the approaches.. (32) The grace. of- Harris Street where: the =same intersects the tracks of the Grand Trunk, Western ._Railway and. the. tracks -of the Illinois Division of the - New York Central RailRoad shall be raised not more'- than- one -M fot above the .highest raiL .of. the,Grand Trunk. Western Railway Company's tracks as -now maintained, the ele- vation of said tracks being 61.34 when referred -to South Bend datum.' , The grade of said street fourteen (14) feet north and fourteen (14) feet south of the northerly and southerly rails of the tracks of the New York Central RailRead' Company shall be raised not more than one(l) footZ above the said highest, rail of the Grand Trunk Western Railway Company, and the grade of the approach north from the point fourteen (14) feet north of the northerly rail of the New York Central Railroad Company's tracks shall be a descending grade of -five (5) feet to each ohe hundred (100) feet until it,. intersects the present grade -of Harris Street except that vertical 'curves forty (40) feet in length shall be prvided at the upper and lower ends of the appr®eh. The. grade of the .approach .from the point fourteen (14) feet south of the -southerly rail of the New York Central RailRoad Company's tracks shall be a descending grade along two vertical curves of *qual length and intersecting the present grade, of Harris Street at the north line of Ford Street. (33) That the tracks of the different railroad herein referred to shall be raised so as to conform tothe different street grades as herein fixed. (34) That - all streets .over..which the tracks of the New York Central RailRad Company are required by this_.reseution to be raised or.elevated, shall have the full amount 'of the clearanceaspruv�ided for in this resolution for -each of said streets for the 'full width -'beneath the superstructure,,and that tt all points where there is a change -in the direction of street grades as fixed above suitable allow- -&noes shall be made for vertical curves. (35) And the tracks of the Terre Haute and Logapsport Railroad Company `(now Pennsylvania Railroad Company) Indiana Northerrn Railway Company, Oliver Chilled Plow Company and Studebaker Corporation, whose tracks' intersect or connect with the tracks of the New York Central Railroad Company, if said Companies or any of them, shall desire to keep and maintain said connection, shall be raised so as to conform to the grades of said New York.Central Railroad Company As herein established: and make proper connections with `same. (36) That the said improvement shall be made andpeid for.acoording tothe method and manner provided for in ern Act of the General Assembly of fts Indiana of 1923,'page 1109 or any other law applicable thereto. That the Chicago, South Bend &nd Northern Indiana Railway Company, which maintains street car traoks at Chapin Street and Michigan Street, where the same intersect the tracks of said Railroad Company be and is hereby ordered to reconstruct its tracks according to the grades herein provided for, and shall pay five (5) per cent of the cost of the -lateration of such grade crossings at suvh intersections. All other resolutions heretofore adopted by the Board of.Public Works for.the separation of tracks from the grades of any streets be and are hereby rescinded. AND B� IT FURTH&R RESOLVED, That this resolution as above modified be and is hereby in all things approved -and confirmed and it is hereby ordered that this resolution be referred to the Common Council of the City of South Bend, Indiana for its consideration, ratifieation and approval. Adopted and corfirmed this - 9th..day of January 1925. L. B. SLAUGHTER L. P. HARDY ALBW RT F . HONER Board of Public Works. And that as so modified raid resolution be adopted and confirmed. 572 Contract with New York Central Railroad Company for the relocat-In of Marietta Street"and :Vedcation of portions 'of .Rush and "Ohio Streets dated Jan t h., 1925 is eXtouted and filed and ordered delivered when ratified by the O rdtnandwliaft.the Common Council which contract reads as follows:- ' THIS AGDiS %NT, Made this 9th. day of January , 1925 , by and between THH& W W YORK CENTRAL RAILROAD COMPANY, hereinafter for convenience. termed ",The.New York Central-", and the Cily-off' South Bend, a municipal-.corpora- ti,ons in the State of Indiana, hereinafter for convenience termed "South Bend" by and through its Board of Public Works, W I -T.NE S S4 T H: WHEREAS, in pursuance to an Act of the General Assembly of the Indianas approved March 1,1923.1, providing for the changing of thegrades of streets at the intersections of such streets with railroads, the Board of Public Works adopted, on the 9th. day of January., 1925, a resolution for the separation of the grade orossing's, 'of the railroad _of the New York Central and of certain ,streets in .South Bend, said resolution being termed " Modified Resolution No. 4. for- Grace Separation,. and Whereas, in further pursuance to said Act, the Common Council of South'Bend, on the _ day of January, 1925 duly approved said resolution of the.Boar o _ uc orks; and Whereas, said resolution provided that Marietta Street shall be relooa,e,d as it now crosses said railroad of the New York Central, so that Marietta Street, ro shall cross beneath said railroad at a right angle, sub- stantially as shown upon the.plat hereto attached and made a part hereof; and Whereas,,said-resolution further provides that Rush Street and Ohio Street shall each be vacated Where.said streets cross said railroad of the New York Central so that a separation of grades at said two crossings may be avoided, substantially as shown upon said plat; and Whereas, said rslogtisn of Marietta Street and said vacation of Ohio Street and of Rush Street will .promote the public convenience and welfare and will accomplish for South Bend and the New York Central a reduction in the cost of the separation of the grade . crossings of said railroad and of said certain streets in South Bend; and Whereas, said relocation of'Marietti Street and said vacation of Ohio Street and of Rush Street will require, for the public convenience and welfare.the establishment.,of a new street, between Fellows Street and Clinton Street and of a now street, between _Ohi.o Street and Marietta Street, substantially as shown upon said plat; i NOW$ T19ROORS j in consideration of the premises and that the terms and conditions of said resolution., as .adopted by the Board of Public Works and approved by the Common Council 'of South Bend, are duly carried out under and in accordance with said Act of the General Assembly of Indiana, The New York Central hereby agrees that, if South Bend, in accordance with the laws of Indiana providing for the relocation, opening and vacation of streets, shall duly so relocate said Maietta'Street,' vacate said Rush Street and said Ohio Street and establish and construct said new street, between Fellows Street and Clinton Street and said new street between Ohio Street, and Marietta Street, all substantially as shown upon said plate, The New York Central will pay to South Bend in the man- ner and at the times hereinafter provided, r (�) the excess of dame,gges, if any, over and above the benefits if any, that shall be lawfully and finally assessed by the Board of Public Works, by reason of said vacation of said Rush -Street, against or in -favor of the owners or holders of any property located south of the right, of way of the New York Central. (2) 37y' p,sr o.en� of the excee.s of the dame es, if any, over and above the benefits, if any, -that shall be lawfully and finally assessed by the Board of Public Works by reason of said opening of said new street between Fellow Street and Clinton Street, and 37- per cent of.the.00st of constructing said new street,, including sidewalks and pavement. (3) 75 per cent.of the excees of the -damages, if any, over and above the benefits, if .any, that shall be lawfully and finally assessed by the Board of Public Works by reason of the opening of maid new street between Ohio Street and Marietta Street. .rl7:S and Marietta Street. (4) 75 per cent:of the excess of the lama es, if any, over and above the benefits, if any, tbat shall be lawfully and finally assessed. by the Board of Public Works for the acquisition by South Bend, by reason of said relocation of said Marietta Street, of the necessary property to widen the approach of. Marietta Street to Ohio Street north ofthe right of way of The New York Central, ,Said several payments, as hereinbefore provided,, by the New York Central to South Bond,of said excess of damages over and above benefits shall be made as soon as said excess shall, in accordance with law, be finally determined, fixed and payable by South Bend tothe'owners or holders of property so damaged or benefited. Said payment payment by the New York Central to South Bend of a percentage of the cost of construction of"said new street between Fellows Street and Clinton Stxseet shall be made as and when ;said payment is `finally due from South Bend under its contract for said construction. If the Board of Public Works, in theexe?relse of its discretion, shall desire to purchase instead of condemn the property required -for said opening of said new street between Fellows Street and Clinton Street or of said new street between;OhieLStreet and Marietta'Street or reuired for said resolution of said Marietta Street, The New'York Central will, if the purchase price be satin- factory to it, contribute thereto a percentage the same as and in lieu of the per- tentage of the excess of damages over benefits hereinabove agreed to be paid by the New York LCentral to, South Bend in respect to said opening and ,relocation of . said streets. If any benefits or special assessments are assessed or levied against the New ,York Central by.the Board of Public Works in the. proceedings for said vacation, opening, relocation or construction of streets, said benefits or special assessments shall be dedicted from the payment herein agreed to be made by The New York Central to South Bend. South Bend shall, without expense to the New York Central, cause all public utilities owning or controlling or -using equipment on, above, in or under the surface -of the portions .of said Rush Street and of said; Ohio Street, so vacated and of said Marietta Street so, relocat,edI ro remove or adjust'their equipment to the extend rendered necessary by said vacation or relocation. This agreement. shall not be binding upon the parties hereto unless and until it is approved and ratified, according to law, by the Common Council of South Bend, and unless and until it is approved and ratified by the Board of Directors of the New York Central; and the ratifiedtion of this agreement_ by the . Common Council of South Bend shall constitute its approval and sanction of all acts and proceedings herein contemplated to be taken by the Board of Public Works for the opening, -vacation, relocation and constfuctidn!:of streets and the approplLiation of properties which may become necessary In order to'carry this agreement into effect. IN WITH& SS WH& R&OF, the parties hereto have duly executed this agreement this 9th, day of January 1925. TF 1dEWYORK C✓ NTRAL RAILROAD COMPANY BY P. E . CROWLtsY President. Attest:l } ( S&AL) Assistant Secretary. CITY OF SOUTH B&ND. B.W. H.B.R. BY L. B. SLAUGH%R A. j.S. G. H. _ L. P. HARDY R.D. S. ALEV�RT F. HON&R, R. J. C. Board of Pudic Works, (Note:- above marks on contract.) Note: Blue print reading: Plan showing proposed rearrangement of Streets -in connection with Grade Separation approved bT R. D. Rote, Chief Engineer New York Central R: R. and Frederick_ J. Anderson City ingineer South Bend Blue print reading: Plat showing location of subway N. Y. C. R. at Marietta Street approved by R. D. Rote, Chief Engineer N. C. Y. R. R. and Frederick J. Anderson City -&ngr, South Bend, These blue prints attached and made a part of above contract, Contract with New York Central Railroad Company dated January 9th. 1925 is executed and ordered delivered when ratified by Ordindnoe of the Common Council and such contract reads as follows%- " THIS AGR&EM&NT, made this 9th.` day `of' January 1925, by and between the New York Central Railroad Company, hereinafter for convenience termer. " The New York Centraljk and the City of South Bend, hereinafter for con- venience termed ". South Bend", by and through its -Board of Public Works, _WITIfASSTH Whereas, in pursuance dab an Act of the General Assembly of Indian; approved Maroh•1,192 , providing for the c1hanging and separation of the grades of streets :at, the intersection .of .such streets with railroads, the Board. of Public Works of South Bend adopted, on the. 9th..day of January 1925, a re -solu- tion to change and separate the grade crossings of the Railroad of the New York Central .and of certain streets intersecting said Railroad in South Bend," said Resolution being termed Modified Resolution No.. 4 for Grade Separation: ad ands . Whereas, in further pursuance 46 said Act of the General Assembly the Common Council of South Bend on the ?` day of 19259 duly approved said Resolution; and: Whereas, said Resolution applies only to the change and separation of the grade crossings of said.oertain streeta and certain now existing tracks of the New York Central; and Whereas, the development of the facilities of the New York Central .in. serving the public of Sttthh Bend will require The New York Central to con-. struot`tracks additional to said now existing tracks of the New York Central; and it.will therefore promote the public convenience and welfare and is desiralk desirable and benefical to South Bend and to the Yew York Central that the New York Central shall have the right, upon the conditions hereinafter stated, to oonstruct additional tracks aeress;and over the streets and alleys in South ..Bend, and that the crossings of any such additional tracks across and over said intersecting atreets 'referred to in said Resolution of the Board of Publt Works _shall conform to and` he provided for coincident with the crossings of sad said now existing tracks over said intersecting streets as provtded for in said Resolution; and Whereas, the plan of improvement as provided in said Resolution is, as hereby supplemented, mutually satisfactory to the parties'hereta; Now, Therefore, it is hereby agreed by and between the parties: ONE South Bend hereby grants to the New York Central the right to construct from time to time hereafter and to maintain and operate, within the present limits of the right of way of the New York Central, across and over the streets and alleys within South Bend which intersect said right of way of the New York Central such tracks other than and additional to the now existing tracks of the New York Central ( which -now existing tracks are shown upon the plat endorsed by the ,%ngineers of the parties hereto and hereto attached) _as mar may be necessary to provide a system of not more than six main tracks of four main tracks and two thoroughfare or running tracks, upon'the main line right of way of the New York Central tracks, upon the main line .right of way of the New York Central -thrughout South Bend, and the right from time to time to k9[xx .locate upon said right of way said now existing or additional tracks, said grant being upon the following conditions: (1') All of said other and additional and relocated tracks.' which shall hereafter (moss any of the intersecting streets, the grades of whih which have been changed or separated from the grade of the now existing tracks, of the new york Central by said Resolution of the board of Public Works, shall be so constructed that the street grades and clearances in said resbution provided are maintained and preserved and that the bridges supporting any of said o..ther and additional and relocated tracks over and across any street sub- ways in said -Resolution provided shall oonffrm in character and appearances to the bridges to be enstructed for said now `existing tracks of t`he New -York • C&nt,ra x riday January 9th., 1925. Continued, (2 The entire expense of the construction of bridges for such tracks, other than an additional to said now existing tracks ff the New York Central , over and across any street at which a street subway is in said Resolution provided for, and the entire expense of any additional masonry required for said other and additional tracks, shall be assumed by the New York Central. ( ), The New York Central shall comence during the year"1925 the work required by law to be done by the New York Central as provided in said Resolution of the Board of PubliG.Works and shall complete said work on or before August 1,19299 provideO that: the'eommencement or completion of said work shall not be interfered with or. delayed by li ,ige,tion, strikes,riots or other onuses` beyong tyre 'Control of The New York Ceniral,,an& provided further that,,upon application to the.Board of Public Works, the New Mork Central may obtain an extensin or extansions of said time ;of commencement and completion of said work, bf'the New York Central shall show reasonable cause for such extension,or extensions.' It is understood and agreed that this grant is made subject to the faithful performance by the New York"Central of .ail of the obligations hereinabovO imposed upon the New York Contrail sxt which any of said obligations, as here nabove . provided, this grant shall be void and all rights of the New York Central under this grant shall be forfeited, IN WIT -MSS WHH&REOF, the parties hereto have duly executed this agrement this 9th. day of January1,19250- Tll� NSW YORK C&NTRAL RAILROAD COMPANY gY P. L. CROWLEY President. Att*st: - Assistant Recretary.^ TH& CITY OF SOUTH BV ND, BY L. B. SLAUHTIR L. P. HARDY ALBciRT F. HONAR Board of Public Works. Note Marks on cnzbza*- Gh Clerk of Board is hereby directed to.prepare such ordinance BW for ratifiedtion. HBR R.O.Rote ASJ RDS Note:- Plan showin4 existing tracks of the n. y. C. R. R. signed by Frederick J. Anderson City Engineer, South Bend.and R. 0. Rote Chief :engineer, N. Y. C.-R. R. attached and made a part -of above and foregoing contract, All remonstrances heretofore filed in foregoing contracts are hereby over -ruled. Contract signed in full between Grand Trunk ,Western Railway Cotlpey and City of South Bend under date of July 30th., 1924 and Grand Trunk Western Railway Company under date of August llth., 1924 is hereby filed and reads as follows: - This Agreement, Made this llth. day of August 1924, by and between the Grand Trunk Western'Railway Company, a railroad corporation, party of the first part, and the City of South Bend, a Municipal corporation in the State of Indiana, by and through its Board of Public Works, party of the second part, WITNySSETH: Whereas, the parties did heretofore, under date of February 1-81 1924, enter' into a written oon-uraot providing for the relocation of a pwri, of the main line of the railroad.of the party of the first part in the City of South Bend, and for theseparation of the grades of the track, of said relocated railway and intersecting streets, which contract was ratified by the Common Council of the City of South Bend on March 10,19249 by Ordinance No. 2397• 57t And, whereas, said contract contemplated the elevation of said relocated line of the party of the'first part over'Rush Street in said City, and for the- constru.etion'of a subway at'said Rush Street crossing," Now, Therefore, the, parties do hereby agree to modify said contr contract as foilowst The grade of said railway at 'said Rush SRreet crossing shall not be separated as provided for in said contract, and the party of the first part is hereby relioved from its said agreement to"enstruct'a subway at said crossing And it is Agreed that said portion of Rush Street, enclosed within first, Part,y's one hundred foot (100) right of way, as shown in said cntraet and exhibits thereto, shall be vacated as a street by said City of South Bend, and revert, or be conveyed by the City of South,Bend, to the party of the first part as a' part of its : said right of way, and that said party. of the first part shall build its,railway line across said vacated street without -,providing thereat any opening arssubway. It is agreed by the party of the second part to provide and'lay out a new street which new street shall be laid to the north of the relocated right of way of the party.*ftthe first part; and which shall extend from Peliws Street on the west to Clinton Street on the east, and it is agreed that the party of the second part shall condemn tine following described real estate in th the City of South Bend, Indiana, for such use as a street, viz.: Lots 146 and 154 E., H. Rush's First Addition to the City of South Bend; Also, beginning at a point in the east line of Fellows Street fourteen (14) feet south and twenty (20) feet west of the - southwest corner of lot 168 in &. H. Rush's Second Addition to City of South Bend; thence south thirty-six (36) feet; thence east to a point in the west line of Rush Street fifty (50) feet south of the south east corner of lot 155 of said S . H. Rush's Second Addition; thence north thirty-six-(36) feet; thence west to.the place of beginning. And it is agreed that after said real estate is condemned , the party of the second part shall improve said street with sidewalks and pavement, which pavement shall not exceed in cost the kind described in clause 26 'of the said contract dated February 18,1924, .And in consideration of the modification of said contract and the releasing of the party of the first part from the.exepnse of constructing a.subway at Rush Street, and the separation of the grade of its railway from said street at said point, the party of the first part does hereby agree to pay' to the party of the second part a sum of money equal to 37, per cent of the total cost of condemning the above described real estate, and the cost of con- structing said sidewalks and,pavement; said percentage of the cost of condemn- ing said real. estate shall be paid by the party of the first part to ttLe part of the second part as soon as the amount of damages for the taking of the same F is determined and ascertained in the manner provided by the statutes of the State of Indiana for the condemnation of real estate by cities; and said per- centage -of the cost of constructing said sidewalks and pavement shall be paid by the party of the first part of the City as soon as the contract for -the doing of said work is let by the City. ` And the party of the second part further agrees that it -will' through its Board of Public Works, cause the portion of Fellows.Streat, included within the limits of first, party's ,relocated route, to be vacated by a resolution and proceedings under the laws of the State of Indiana for the Vacation of streets, which shall be done on or beforethe party of the first part has completed the acquisition, by agreement:` "or condemnation, of the land for it.e said relocated right of way in the vieii ty; and the party of the first part hereby agrees that any damages in such vac&" ion proceeedings assessed to any property on Rush Street situated north of its relocated line shall be assess ed to and paid by it, but it is understood that the party of the first part reserves t0oit8glf all its rights under the law of the State of Indiana to ob jec*6 to or question the amount of damages which may be assessed by the Board .of Public Works or by any court in any appeal from -such proceedings. It is,understood and agreed that the party of the first part have'the right to assist, 'al; its own expenset through its attorneys and other represenativest in the condemnation proceedings to be instituted and prosecuted by the party of .the second part for .the I new street as hereinbefore provided for, and also in proceeding or , . proceedings wherein is involved damages arising by reason of the Vacation of said portion of Rush Street. as aforesaid, It is further. 'understood, and agreed 1,;hat;, this'contract shall be construed with and as a part of said contract'dated February 18th, 1924, above referred to, .And it is further agreed that this contract shall not be binding on the parties until it is approved and ratified by Ordinance of the Common Council of the City of South Bend, 1ndiana, INVITN&SS WH&R&OFs the parties have hereunto set their hands as of the day and year first above mentioned,, GRAND TRUNK 49ST&RN RAILWAY COMPANY BY S. J. HUNG&RFORD Attest: S& AL) vice President W. X. TOMPKINS Secretary CITY OF SOUTH B&NDI INDIANA. BY L. B. SLAUGHTCSR L.) .'HARDY • ALRiRT Fi HON&R Recommended Board of Public Works. H. A. Wh4ttenberger Gen6ral Manager. CBB Approved Approved as to form H. R. M. G. Atty. JAH W. Colasolm Civil &ngineer Notei.No blue print filed with above contract. Further action hereon is continued until -Tuesday January 13th.9 1925 at 9:00 A.M* Attest:- Presf-dent. P, Clerk of the Board.