01/09/1925 Board of Public Works Minutes

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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.