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subject to all rights, titles, and interests, appurt6nant thereto <br />as shown by the record title thereof; <br />WHEREAS, the owners of said part of Lot Number Seven(7) are <br />now constructing on said property a brick building, the North wall of <br />which is on their property line and is approximately two(2") inches <br />from the South wall of the building owned by said City, with some <br />variation in distance more or less at different points between said <br />walls; <br />WHEREAS, the architect for the owners of said part of Lot <br />Number Seven(7) and the engineer for the City of South Bend are agreed <br />that because of the proximity of the walls of said buildings and the <br />small space between them when the building on said part of Lot Number <br />Seven(7) is completed, there shall be the possibility of damage done <br />to both of said walls by the action of the elements, which condition <br />shall prevail if measures to correct the same are not taken; <br />WHEREAS, said architect and engineer agree that the <br />prospective damage can be eliminated by closing this space of approximate- <br />ly two(2") inches by closing the upper space thereof and the East <br />opening thereof by use of brick, mortar, cement, or other appropriate <br />material; <br />WHEREAS, the owners of such part of Lot Number Seven(7) <br />have proposed at their expense to close said openings as heretofore <br />set forth on receiving proper consent and acquittanze-. to do so from <br />the said City of South Bend; <br />NOW THEREFORE, the City of south Bend, Indiana, a municipal <br />corporation, acting by and through its Board of Public Works and <br />Safety finds that it is for the benefit of its said property that such <br />space between said buildings be closed, that it accepts the proposal <br />of the owners of said part of Lot Number Seven(7) to so close said <br />opening, that such action of said owners is hereby consented to and <br />approved, that it declares such action to be dt right, not a, trespass <br />0 <br />or unlawful possession, and that no action by or on behalf of said <br />City or any of its duly constituted sub -divisions thereof shall lie <br />