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HomeMy WebLinkAboutRatifying, Confirming & Approving Contract & Agreement Between City of South Bend and Studebaker CorporationORDINANCE No. uza Passed by the Common Council of the City of South Bend, February 25th, t9 /--" e Presented by me to the Mayor of the City of South Bend, Approved and signed by February 28th, 19Y-4-8 7 Clerk of Common Council 196 46 Clerk I84 & 2nd READ C(dRk@TTEE OF TH PUBLIC NEARING 0 3rd READ110 ,I NOT A -PNM REFERRED ORDINANCE NO.,ff /a ,,7_ WHEREAS, the attached contract and agreement has been submitted by said Board of Public Works of said City of South Ben, Indiana, to the Common Council of said City for its consideration and action thereon: NOW, THEREFORE: SECTION 1. Be it ordained by the Common Council of the City of South Bend, Indiana, that the contract and agreement dated the 27th day of January, 1948, and approved February 24, 1948, by the City of South Bend, Indiana, by and through its Board of Publi Works and the Studebaker Corporation, which contract is attached hereto and made a part hereof, be and the same is hereby in all things ratified, confirmed and approved. SECTION 2. This ordinance shall take effect and be in force from and after its passage by the Mayor - c2 &-- 3,e-d4 AGREEMENT PASSED o2 THIS AGREEMENT made and entered into this 27th day of January, 1948, by and between the Studebaker Corporation, hereinafter designated party of the first part, and the Board of Public Works of the City of South Bend, Indiana, hereinafter designated party of the second part, WITNESSETH: WHEREAS, party of the first part desires to con- struct, maintain and use two industrial or spur railroad tracks over, upon and across Chippewa Avenue in the City of South Bend, County of St. Joseph, State of Indiana, and WHEREAS, the party of the second part desires to grant the said first party such right. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION THE PARTIES AGREE AS FOLLOWS: 1. Second party does herewith grant unto first party the right to construct, maintain and use two indus- trial or spur railroad tracks across Chippewa Avenue in the City of South Bend, Indiana, which said crossing area is more accurately described as follows: -2- Beginning at a point forty (40) feet due South and forty and nine hundredths (40.09) feet due West of the intersection of the North line of Section 26, Township 37 North, Range 2 East, and the East line of the Northwest 1/4 of the Northeast 1/4 of Section 26, Township 37 North, Range 2 East, thence West along the South line of Chippewa Avenue a distance of fifty -eight and fourteen hundredths (58.14) feet, thence Northeast at an angle of twenty -nine degrees and forty minutes (290 401) a distance of ninety - two and seven hundredths (92.07) feet, thence East a distance of fifty -eight and fourteen hundredths (58.14) feet along the North line of Chippewa Avenue, which line is forty (40) feet North of the South line of Section 23, Township 37 North, Range 2 East, Thence South- west at an angle of twenty -nine degrees and forty minutes (290 401) a distance of ninety - two and seven hundredths feet (92.07) to the point of beginning, as indicated on the blue print attached hereto and made a part hereof. Area involved 4,603.50 sq. ft., or .1056 acres. 2. In consideration of said grant, first party agrees to carefully and properly lay and maintain the said tracks across said Chippewa Avenue to conform to the established street grade and level, and in the construction of said spurs party of the first part shall comply with such speci- fications as may be provided by the City Engineer of South Bend, Indiana. In the event the City of South Bend shall hereafter change the grade of said Chippewa Avenue, party of the first part shall make said industrial or spur rail- road tracks conform to such grade at its own expense. 3. Party of the first part further agrees that in finishing said spurs across Chippewa Avenue hard surface materials shall be used and said surface shall at all times be maintained in a good condition. 4. In the event said industrial or spur railroad tracks shall not be used by party of the first part for any twelve (12) month period, the party of the second part shall have the right to order said tracks removed and said Chippewa Avenue restored to its former grade. Upon failure of said first party to remove said tracks upon being ordered to do so, second party shall have the right to remove same and to recover the costs of such removal from first party. 5. A blue print of the area to be affected by said tracks is herewith attached, made a part hereof and marked Exhibit "A ". This contract shall not be effective until ratified and approved by an ordinance of the Common Council of the City of South Bend, Indiana. WITNESS the hands and seals of the parties hereto this 27th day of January, 1948. THE STUDEBAKER CORPORATION By H. S. Vance Chairman of the Board ATTEST: APPROVED BY: BOARD OF PUBLIC WORKS OF THE C.J.Palakowski CITY OF SOUTH BEND, INDIANA February 24,1 Clerk 0 f the Board Frederick K. Baer -3- Passed b� the Co on ouncil of the City of South Bend, Indiana then_ day of� 1948. Pnaed to th Mayor of the iG y of South end, diana the_ day of 'lc Approv d e�nnd si d the Mayor of the City of South Bend Indi+ this of , 1948. ATTEST APPROVED A PROVED "-7 cz"'g' 2, a lerk Pre sid elTW7 Mayo r 1st r, 2nd REA!<,-,4 ;" J 00.41mTiEE OF THE WWIJ Q , PUBLIC HEARING 3rd READR3 0S %Z6 �fGO NOT A-rTMM REFERRED PAMW o2 - aS - - ,le,'