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HomeMy WebLinkAbout03/21/1923 Board of Public Works MinutesS 43 Wednesday March 21st.1 1923. Board met in regular session at 7:15 P.M. All members present. Deferred Hearingiven on Vacation Resolution No, 72 for the vacation dithe _following dese ibeg property: The alley running north. and south between loss _Nos,°6 and 7 in - Raff's First Addition to the City of South Bend on the East,, and lots 5 and 8 Raff`s First Addition to the City of South Bend on the west. -1 The first alley north of Leon Court, beginning at the East line of Kendall Street and extending to the first alley running south from said alley to be vacated. .. , The alley running North and South between Kendall Street on hhe East and Chapin. Street and Prairie Avenue on the west, beginning at a point 36 feet north of the north -line of the east and west valley between Leon Court and Stull Street and extending north to where said alley connects with Kendall Street. The alley running North and South between Chapin Street on the East and Catalpa and Prairie Avenues -on the West, beginning at a point 36 feet north of the north line of the east and west alley which lies between Leon Court and Stull Street, and extending North to a point where said alley intersects Chapin Street. Leon Court from the east line of Kendall Street eastward to the first north -and south alley. Kelldall Street from a point 36 feet north of the north line of the East and west alley lying betwead Leon Court and Stull Street to the north end of Kendall Street. ,. . Chapin.Street from a point 36 feet north of the north line of the East and West alley lying between Leon Court and Stull Street northto Prairie Avenue, Catalpa Avenue from a point 36 feet north of the north line of the East and west alley lying between Leon Court and Stull Street north to Prairie Avenue. The alley north of lot,No, 1, Oliver's First Addition, extending from Prairie to Kendall Street. Stull Street from the east line of Catalpa Avenue to the West line of Kendall Street, Garst Street from the east line of.Chapin Street to the West line of Kendall Street. All in the City of South Bend, Indiana, In the above matter nemonstrators appeared, and Attorneys, A. Hamborsky, A. E. Martin and Samuel Schwartz appeared for remonstrators, but no further tvitten remonstrance was filed. -The Board therefore sustain all former action taken and declare the above described property in all things vacated and this resolution in all things, ratified, confirmed and approved. And the Board now orders that a list or roll be prepared of all owners or holders of property and of valuable interests therein sought to be taken or to be injuriously affected which list or roll also desdrf'bes the property beneficially affected. Hearing had on resolution No. 1100 for the grade, curb and walk on Turnock Street from South Bend Avenue.to Corby Street, in the City of South Bend, Indiana, Upon said hearing no written remonstrance filed and no remonstrators appeared. The Board being fully advised In the premises, decides that the benefits Yo property liable to be assessed for said improvement are equal to the estimated cost of the same, as reported by the City Civil Engineer, and thereupon takes final action on said resolution -as orginally adopted, and the same is hereby in all things, ratified, confirmed and approved. Resolved further, that notices be published on the 26th. day of March 1923 and on the 2nd. day of April 1923 in the South Bond News Times and Tribune in this City, stating that this Board will receive bids for the construction of.said- improvement up toalQ:00 A.M. Tuesday..April 17th., 1923 at, The Board reserves the right to reject any and all bids, , it Hearing had on Improvement Resolution No. 1090 for the Pipe sewer on Pleasant Street from Eihteenth Street to Nineteenth Street, in the City of South Bend, Indiana, t In the above matter no -rnstrators appeared and no written remnn. strance was filed. The Board in the premises, decides that the benefits to.property,Male to be assessed for said improvement are equal to the estimated oost of the same, as reported by the City Civil'Engineer, and thereupon takes final action on said Resolution as originally adopted,and the same are here by in all things, rat,ifieds confirmed and .approved. Resolved further, that notices be published on the 26th. day of March 1923 and on the .2nd. day of April 1923 in the Sews Tmes and South Bend. Tribune, in this City, slating ihea this.Board will receive bids for the con- struction of said improvement up to 10:00 A.M. Tuesday April_17th., 1923. The Board reserves the right to reject any and all bids. Hearing had on improvement Resolution No. 1091 for the pipe sewer on Marine Street from Calvert Street to Bowman Street, in the City of South Bend, Indiana. In the above matter no remonstrators appeared and no written remon- strance was filed. The Board being fully advised in.the premises, decides that the benefits to property.libble to be assessed for said improvement are equal to hhe estimated cost of the same, as reported by the City Civil Engineer , and there upon takes final action on said resolution as originally adopted, and.the same is' hereby,in all things, ratified,.confirmed and approved. Resolved ftp her!, that notices be published on the 26th* day of March 1923 and on the &6,, day of April 1923 in the South Bead News Times and ,Tribune, stating that this Board will receive bids for the construction of.said improvement up to 10:00 A.M. Tuesday April lath., 1923 at 10200 A.M. The Board reserves the right to rejec t any and all buds. Hearing had on improvement Resolution No. 1092 for the Grade, curb and valk on Randolph Street from Leer Street to First alley west of Marine Street in the City of South Bend, Indiana. a In the above matter -mkt remonstra-tors -appeared and ma wrrtten remon. stranee was filed. The Board premiises, decides that the benefits are equal to the estimated cots, of the same, as reported by he City Civil Engineer, dad thereupon takes final action on said resolution as originally adopted and the same is hereby in all things ratified, confirmed and appRoved Resolved further, that notices'be published on the 26th. day of March 1923 and on the 2nd. day of April 1923 in the South Bend News Times aw Tribune, stating that this Board will receive bids for the construction of said improvement sip to 10:00 A.M. Tuesday April 1$th., 1923. The Board reserves the right to reject any and all bids. Hearing had on improvement Resolution No. 1093 for the Grading of alley south of Monroe Street from Michigan Street -to St. Joseph Street, In the City of South Bend, Indiana. In the -above matter no remonstrators appeared and no written r onstranee rms filed. the Board being 'fully s-dvised in the premises, decides that the pbenefits W,property Ilabel,t to ibetiassessed for,''- aid -improvement are equal to the estimated cost of the same, as repo ted by the City Engineer, and thereupon takes final action on said resolution as originall adopted and the .same is hereby in all things ratified, confirmed and approved. - Resolved further that notices be published on the 26th. day of March 1923 and on the 2nd. day of April 1923 In the South -Bend Tribune and News Times, stating that this Board will receive bids for the construction of said Improvement up to 10:00 A.M. Tuesday -,April 17th.9 1923 at 10:00 A.M. The Board reserves the right to reject any and all bids. Tuesday March 21st., 1923. Continued. Hearing had on improvement Resolution No. 1094 for the grade, -curb and walk on Brookfield Street from Humboldt Street to Elwood Avenue,.under Improvement Resolution No. 1094 f'nx In the City of South Bend, Indiana. In the above matter no remonstrators app ared and no written remon- strance was filed. The Board being fully advised in the premises, decides that the. benefits to.be property liabel to be assessed for said -improvement are equal to -the estimated cost of: the. same, as reported by the City Civil Engineer, and thereupon takes final action on said resolution as originally adopted and the same hd hereby in all things v ratified., confirmed and approved. Reslved further, that notices be published on th'e 26th. day of March 1923 and on the 2nd. day of 'April 1923 in the South Bend News Times and Tribune, stating that this Board will receive bids for the construction of said improvement up to 10:00 A.M. Tuesday April 17th.9 1923 The Board reserves the right to re jec t any and .all .bids. Hearing had on improvement Resolution No.'1095 for the grade, curb and walk on C&lege Street from Humboldt Street to Elwood Avenue, in the Ciy of South Bend. lIndiana. Upon said hearing no remonstrators appeared and no written remonstrance was filed. The Board being fully advised in the premises, decides that the benefits to property liable to be assessed for said mmprovement are equal to the estimated cost of the same, as reported by the City Civil'Engineer, and thereupon takes final action on said ■a gixnkkx resolution as originally adopted, and the same are hereby in all things ratified, comfirmed and approved. Resolved further, that notices be published on the 26th. day of March 1923 and on the 2nd, day of April 1923 in the South bend News Times and Tribune, in said City, "stating that thisBoard will receive bids for the construction of said improvement up to,10:00 A.m. Tuesday April l7th., 1923,. The Board reserves the right to reject any and all bids. Hearing -had on improvement walk on Medora Street from Keller Street to In the City of South Bend, Indiana. Resolution No. 1096 for the grade, curb and the south line of Morris Park Addition, Upon said hearing no remonstrators appeared and no written remonstrance was filed. The Board being fully advised in the premises, decides that the benefits to property liable to be assessed will equal the estimated cost of,the City Civil Engineer's nd thereupon takes final action on said resolution as originally adopted, and the same are hereby in all things, ratified aonfirmed and approved. Resolved further, that notices be published on the26.th. day of March 1923 and on the 2nd, day of April 1923 in the South bend Daily Tribune'and News Times, stating that this Board will receive bids for the construction of said improvement, p to 10:00 A.M. Tuesday April 17611., 1923 at 10:00 A.M. The Board reserves the right to. re jedt any and all bids. Hearing had on improvement- Resolution No. 1097 for the grade, curb and walk on Dayton Street from Alley West of Kline Street to Nest line of Robinson's 2nd. Addition, in the City of South Bend, Indiana.. Upon said hearing no remonstrators appeared and no written remon- strance was filed. The -Board itkea being fully advised in the premises, decides that the benpfitp tda repertyeliabel to be assessed for said improvement are equal to the estimated cost of the City Civil Engineer, and thereupon takes final action on said resolution as originally adopted, and the sameishereby in all things, ratified, confirmed and approved. Resolved further , that notices be,published on the 26t h. day of March 1923 and on the 2nd. day of April 1923 in the Soutl'Bend Tribune and'News Times, stating that this Board will receive bids for the construction of said improvement► .up to 10:00 A.M. Tuesday April 17th.,.1923 The Board reserves the night to reject any all bids. Hearing had on improvement Resolution No. 1098 for the grade, curb and walk on Otsego Stret from Pokagon Street to Angella Avenue, in the City of South Bend, Indiana. Upon said hearing no remonstrators appeared and no written remnstrance was filed. The Board being fully advised in the premises, decides that the benefits to the property liable to be assessed is equal'to the estimate of the City Civil Engineer, and thereupon takes final action on said resolution as originally adopted and the same are hereby in all things, ratified, confirmed and approvedt. esolved..further, that notices be'published on the 26th. dayof March 1qq2 and on the 2n y ogg Maxx Anril 119233 in the South Bend Ne s Tin and ribune slatingg that this Boa will receive bids 3'or the construction o sai improvement up to •OO A.M. Tuesday April l7th., 1923. The Board reserves hhe right to rreject any and all ��s . Hearing had on'Improvement resolution No. 1099 for the grade, curb and walk on Bowman Street from Kline Street to Sampson Street, under Imp Resolution No. 1099. In the City of SouthBend, Indiana. ~ Upon said hearing noremonstrators appeared and no written remon strap a was,filed. The Board being fully advised in the premises,, decides that the benefits to property libble to be assessed for -said improvement are equal to.lhe estimated cost of the same, as reported by the City Civil Engineer -and thereupon takes final action on said reslution as -originally adopted, and. the same is hereby in all things, ratified, conf irmdd and approved. Resolved further, that notices be,published on the 26th, day of March 1923-and on the 2nd.=day of April 1923 in the South Bend Daily Tribune ad and News Times, stating that this Board will receive bids for the construction 'of said improvement'up to '10 00 A.M. Tuesday April 17th., 1923. The Board reserves the right to reject any and all bids. Property owners on Johnson Street from Medora Street to Wood Add, appeared before the Board and requested that petition filed for sidewalk grade and. ,curb be adopted. Same read -and placed on file. Petition filed for pavement on E. Corby Street from North St. Lout Blvd. to South Bend Avenue. Resolution ordered on Corby Street from St. Louis Blvd.. to Eddy Street. �Romonatranee filed against paving 9 alley West t Allen Street from North of Harvey Street to the alley south of Lincoln Way West and the ally alley south ad Lincoln Way West Loom Allen Street to Blaine Avenue. Same filed Petition filed for the veation of Tutt Street from the Ea§t line !' of Prairie Avenue to the point of intersection of the first alley north &itd South alley just west of Lafayette Blvd. ]tesoiution ordered., Petitions filed for stteat light on Cleveland Avenue at the corner of California Aveue Same placed on file and referred tot** Pole and Wire Inspector. Bond of excavation for the sum of $19000.00 signed by the Northern Gas & Elea. Co, approved. Change of grade on St. Peter Street from Madison Street to Vedar Street approved by the Board. Contracts awarded as follows: - Pipe sewer on Mareitta Street from Pennsyly ania Avenue `to Broadway awarded to Gust F. Santry Company Price $730.75 Pipe sewer on Williams Street from Indiana Avenue to Calvert St. awarded to Gerald McGillicuddy $59113.95 Pipe sewer on Kinyon Street from Keller Street to alley south of Kinyon Street; Anderson Avenue from Keller Street to Alley south of Kinyon Street and Medora Street from Keller Street to alley south of Kinyon Street awarded to Gust F. Santry Co. at. price $59860.15 Pipe sewer on Lafayette Street , Parkovash Avenue to Angell& Avenue, Parkovash Avenue from Lafayette Street to Tecumseh Avenue awarded to Gust'F. Santry Co. at .... $39308.25 Pipe sewer on Brookfield Street from Eassnaeht Avenue to Lincoln Way West to Gerald McGillicuddy at. $7,127.40 Pipe sewer on Victoria Street from Michigan Street to Fellows Street to Staples & Ackerman at..' $ 51,189.00 Pipe sewer on Indiana Avenue from Leer Street to Alley Somtkx East of Clyde Street also Clyde Street from Indiana Avenue to Dubail Ave.* awarded to Staples & Ackerman at. $2,556.80. Pipe sewer on Calvert Street from Miami Street to Leer 'Street to Staples & Ackerman At.$39734 10 Pipe sewer on Oak Park Court from Miami Street to Ist, alley West of Marine Street to Staples & Ackerman at. $1,86o.40 11 Wednesday March 21st.,-1923. Continued, Pipe sewer on Fairview Avenue from Michigan Street to Fellows St, awarded to Staples &'Ackerman at. $5914.3.20 Engineer filed estimated costs on the following improvements. Pipe sewer on Pleasant St, from 18th. St. to 19th. Street. $1035.00 Pipe sewer on Marine Streettrom Calvert St, to Bowman St. $19107.00 Pavement on Alley East, of St. Joseph from Wayne St. to alley south of Wayne Street; $19710.00 Pavement on Alley west of William St. fray Wayne Street to first allEy north of Wayne Street. at. $19353.00 Grade, curb walk and pavement on Woodward Avenue from Hudson Avenue t,o.,M. C. R. R. and Angella Avenue from Portage Ave. to Woodward Ave. at ... $199222.00 Resurfacing of Hudson Avenue from Portage Avenue to Riverside Drive at.. $69981.00 Resurfacing of Eddy. Street from La .Salle Avenue to the north line of South Bend Avenue ab.. $229789.00 Pavement on lst, alley west of Scott Street from Colfax Avenue to La .Sal La Salle Avenue at.. $2 000.00 Pavement on alleys between Carroll.St,reet and Columbia Street, and Bronson Street and South Street at.....33,354.00 Pavement on Fellows Street, from Sample.Stree t to Ewing Avenue at......$499815.00 Pavement on Linden Avenue from La. Porte Avenue to City Cemetery at,.....$19763.00 Pavement on Boaaan Street from Miami Street to Leer St. at.$17,470.00 Pavement.on Marine Street from Indiana Avenae to North line of Dayton Street at.....$8,122.00 Pavement Improvement on Lafayette Street from Marquette Avenue to Wakewa Avenue and Marquette Avenue from Lafayette Street to Irgquois Street and Wakewa Avenue from Lafayette S reet to Irogouis Street at.....$32.964.00 Grade, curb andwalk on Robert Street from Mishawaka Avenue to Ruskin Street at $2.010.00 Grade, curb and walk on McCartney Street from Portage Avenue to Allen Street .at....$2,577.00 Pavement, on Fox Street from Miami Street to E. Line of High Street at....,$189626.00 Grade, curb and walk on Eldora Curt from Lincoln Way East to the south and of said Court at.....,$700,00U Grade, curb and walk on W. side of Miami Street from. .Fairview Avenue to Dobmoyer Avenue at ...... $2,117.00 Grade, curb and walk on Clyde Street from Indiana Avenue to Ewing Avenue at.....44,988.00 Agreement presented by Attorneys Gilmer and Obenchain for an easement of prt of lots for a turn in alley to be condemned in Franz Addition read and approved. Same to be recorded when Resolution for condemnation of alley is approved. a Engineer filed assessment roll of awards of damages and assessment of bendfits under Vacation Resolution No. 71 for the Vacation of a part of Ten )I0) foot alley in Ward's Sub -Division of lot 329 and a part of lot 328 in Cottirell's First Addition, in the City of South Bend, Indiana.. The Board has ordered that notices as such awards of damages and assessments of benefit's be served according to law, and that a hearing be had on the 28th. day'bf March 1923 at 7*15 P.m. the purpose of hearing or receiving. objections e.f any persons intereested' in said matter. Engineer filed assessment roll, of swards of damages and assess- ments of benefits under Vacation Restution No. 70 for the vacation of change 4n locations of a part of Rose Street from Blaine Avenue to Kessler Boulevard in the City, of South bend, Indiana. The Board has ordered that notices of such awarela of damages and rise s* tsc " benefits be serv*dd according to law, and that a hearing be had on the d.ltho day of 1.1 pr-Ilry 3923 at 7:15 P.M.for the purpse of hearing and receiving objections of any -persons interested, in ,saki matter., t The. City Engineer submitted the list of .property ,owners in the matter of the appropiation of certain property under Condemnation Resolution No. 71 for the Condemnation of change in location -of a part of Rose°Street from Blaine Avenue to Kessler Bbvd. Under Condemnation Restution No. 71 as shown by resolution on page of this record No. 10...This list includes the names of, the owners and holders of property and of interests therein sought to be taken or beneficially or injutiousiy affected, and the description of -the several pieces of property which is affected by the said appropriation proceedings. Thereupon the Board proceeded to award the damajo sustained and to assesse the benefits accreting to each.piece of propE rty 4pon said list.• It was thereupon, upon motion duly made and seconded and un- animously adopted, resolved that said list, together with the a*ount,s of benefit and damages and net damages and net benefits sett forth as to the several parcels of land be adopted and that the respective amount of benefits contained in said list be and are hereby assessed against the several tracts of land as specicialk set forth in , said list and the respective amounts of damiEges cOhlAined in the said list be and are hereby awarded to the several tracts of land specifically set forth in said list, a3ld that the net benefits and net damages as the case mar may be as to the respective tracts of land, contained in said list are hereby awarded or asssessed, as the case may be as to the said severaltraet,s of land. The Board hereby further sets off the benefits aid damages each against the other where both benefits and damages are assessedigainst, the same piece of property, tract of land or interest, and hereby fixes a id respective net benefits as the amount that shall be paid by 'the respeetive-owners as bene- fits, and further hereby fixes the respective net damages as to the several trat tracts as the amount that shall be paid to the owners of the eespeetive tracts as damages. Thereupon, upon motion duly made and seconded and unanimously adopted the llth. day of, April 1923 at 7! 1 5 P.M. -was fixed as the day on which this Board will receive or hear remonstrances from persons with regard to the amount of their respective awards or acssessmenta, and the Clerk of this Board was instructed to prepare and cause to be duly and legally -given, notices.t.the owners of each parcel of property, showing the amount of the assessments or award, with a description of the property affected and the date of said hearing. a J ♦ + J + + Change of Grade of Notth St. Peter Street from Madison Street to Cedar Street. Approved.- Excavation bond of the Northern Indiana Gas &.Elec,.Co' approved. Minutes of: Board from January 31st.9 ig23 to Februnyy 21.st.10 192-3 waee read and approved by the Board. wednesd&v reh ��.$t,� j 1923. Continued, vhe following agreement between-- the City and Btudebaker Corlyora 'tion approved.` A;.G R E E °M .E N T: { This agreement =made and exeouted this 22nd..dar <of March 1923, by mnd' between..: the _,Cii, c:#' ,Sout�b,be , by.__and:,through=its:.Board, of Rub;i� ,Works and the u.St de.baker :Corporation .:of Amrtrioa, : wi'ttie_sseth: That in consideration of the promises and agreements hereinafter conts' ined, on thepart of the said Studebaker Corporation, the said, City of South Bend, by,and through its Board of Public Works, agrees that the said Studebaker Corporation be permitted to apread a wearing surface of cinders on Eckman Stre,et.between Michigan Street and the Vandalia Railsead.,Tracks, It is under- stood and agreed, however, that whereas said st eet has ,just been graded to, proper grade and the expense, thereof borne by property owners abutting on said street, that in consideration for the grading of, said permission as afore said, the Studebaker Corporatioi agrees that at any further date when said street is paved, the said Corporation will take out, or pay for having takenout, all such enders, dirt, etc.,, placed therein by said Corporation and bring the same to the existing grade, and further agrees at all times to keep said street between laid points free of rubbibh, brick bats, etc„ and to keep the same graded so as to insure proper drainage, and *hat whenever any enders.placed there- on are worn to dust, to remove same before replacing with other cinders, said Studebaker Corporation furthermore agrees that after said cinders have been so placed by them,to oil said street between said points at least twice a season with asphalt road oil. In Witness whereof, to have hereunto 'set oy.r hands this 22nd, day of March 1923. THE STUDEBAKER CURPORAtion by A. R. feltes O.K. J.F. C. APPROVED Treasurer. MAR. 2191923.' BOARD OF PUBLIC WORKS. BY L. B. SLAUGHTER Presddant. THE FOLLOWING APPROVED BY THE BOARD. South Band, Indiana March 1991923. 'TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH_BEND, INDIANA. GENTLEMEN:- The Studebaker Corporation hereby makes the follwing offer to the City of South Bend, Ind Jana . In consideration of the City vacating the streets and alleys as set forth in the petition to_vacate streets and. alleys in Oliver 19 First Addition to the City of South Bend and certain other streets and alleys set forth in.said petition, and the agreement of the City to vacate Tutt Street from the east line of Prairie Avenue to the first alley west of Lafayette Street and to allow the Studebaker Corporation to place its railroad tracks across Sample Street, east of Prairie Avenue, and also to allow the Studebaker Corporation to build passage ways over said Sample Street•from Buildings which may be erected on the south side of Sample Street to buildings which are or may be erected on the north side thereof from the third and fourth stories of said buildings. The Studebaker Corporation agrees as follows:- 1. To dedicate for public use as part of Prairie Avenue a strip of land ten feet in width off of the west side of its property abutting on said Avenue in.the City of South Bend, Indana, which said $trip of lanes ten feet in width shall begin Lat the south line of tha property cif this corporation where the north line of,the°alley north of Leon Court intersects Prairie Avenue and shall exteneV northeasterly along Prairie Avenue to the north line'of the property of said corporation abutting on said Prairie Avenue, which north line'is the south line of the right- of way of the New York Central Railroad Company; provided, however, that as said corporation now has certain permanent constructi and buildings upon part of daid'strip that said corporation shall have the privilege of using the same in its present condition for two years after this date at whih time said construction and buildings shall be removed and said strip shall be made us.edble for public Vae as a part of said Prairie Avenue. ' 2. To dodica`te for public use as'a part of Sample Street in said Ci$ City, sufficient, land off of all property now owned by said c"oration between Prairie -Avenue and Lafayette Street to widen Sample Street, to a width of seventy feet, The whole of said additional width shall be taken off of and dedicated from theland-on the south side of Sample Street, The 'lines of said street s al shall be made�stralght and parallel, Provided 'however,'�tha't &-s this corporation now has certain construction and buildings upa said strip which it is now using in its business it is understood said construction Samxtkxtx and buildings shall not be removed for a period of two years from -this date at which time the same shall be removed and the same shall be thrown dpen for public use, and at which time the said corporation agrees to buildtk side -walks on each side of said. 'street of the approximate -width of eight feet and shall pave with some good pa.. paving material --the remaining portion of said street, which pavement shall be fiftyifour feet in width. Provided, -however, th t this dedication is made upon the condition that the said City of South Bend shall within said two years con- demo sufficient property "on said. Sample Street west of Sample Street which be- longs to other persons'so that said Sample Street may be made seventy feet in width -continuously from Lafayette Street to Prairie Avenue 3 The said dedications are made upon the further condition that if,the City of,South Bend shall further widen Prairie Avenue by condemning land on,the west side of Prair:E Avenue, that no assessments for such condemnation shall be assessed against the said property of the Studebaker Corporation east 6 -of Prairie Avenue. 4. The said corporation further agrees in the event of the vacatin of said streets and alleys that it will relocate and connect the sewers which are on Chapin ,'Keztdall and Catalpa Streets with the sewer on Prairie Avenue without*any cost to,the City or any other property owner; said sewers shall be ° constructed under the direction of the Soard of Publid Works, who shall have the authority to determine the plan of construction; and that it will dedicate for public purposes sufficient ground on the north side of.east and west alley bet-y tween Leon Court and Stull Streov and extending frdm Prairie Avenue to the east line of Kendall Street, sothat the same will make a street fifty feet in width and that it will grade, curb and pave said street from Kendall Street to Prairie Avenue, so that said pavement kill be thrity feet in width; and that they will also construct cement sidewalks on the south.side of said street; all of which paving and -construction shall be done at the cost of this corporation and with- out expense to the City or other property owners, 5. It is further understood and agreed that in vacating said streets and alleys that the Board of Public Works of said City shall have,the right to determine for itself the amount of assessments of benefits and damages, but this corporation reserves the right tax granted to it by law to appeal from any such assessment. 6. It is also understood that the City of South Bend may relcaim and take up out: of any of the streets to be vacated any water pipes therein laid which become obsolete, the same shall be done before this corporation desires to build on said -streets and shall be done at the expense of said City. It is also agreed that if at any time the pving bricks shall; be taken up by the Studebaker Corporation from that part of Tutt Street which is to be va,-ated that the City shall have the right to claim the same and to -remove then at its own expense. 7. As a part of this proposal, the said corporation hereby submits to said Board an instrument dedicating_to the use of the City the land described An N69,1,2 and 4 above, which dedication is duly acknowledged by the officers of said Company and entitled to record in the Recorder's Office in the Coushy of St. Joseph. ' THE STUDEBAKER CORPORATION. NK JFC- W.W.A. BY N. R. FELTES. Treas. ACCEPTED THIS 21st. day of. _ March .1923. L. B. SLAUGHTER L, P. HARDY ALBERT F. HONER. Board of Public Works. �2A Clerk of the Board. ._._. Pre i dent.