01/09/1925 Board of Public Works Minutes

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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