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572
<br />Contract with New York Central Railroad Company for the relocat-In
<br />of Marietta Street"and :Vedcation of portions 'of .Rush and "Ohio Streets dated Jan
<br />t h., 1925 is eXtouted and filed and ordered delivered when ratified by the
<br />O rdtnandwliaft.the Common Council which contract reads as follows:-
<br />' THIS AGDiS %NT, Made this 9th. day of January , 1925 , by and
<br />between THH& W W YORK CENTRAL RAILROAD COMPANY, hereinafter for convenience.
<br />termed ",The.New York Central-", and the Cily-off' South Bend, a municipal-.corpora-
<br />ti,ons in the State of Indiana, hereinafter for convenience termed "South Bend"
<br />by and through its Board of Public Works,
<br />W I -T.NE S S4 T H:
<br />WHEREAS, in pursuance to an Act of the General Assembly of the
<br />Indianas approved March 1,1923.1, providing for the changing of thegrades of
<br />streets at the intersections of such streets with railroads, the Board of Public
<br />Works adopted, on the 9th. day of January., 1925, a resolution for the separation
<br />of the grade orossing's, 'of the railroad _of the New York Central and of certain
<br />,streets in .South Bend, said resolution being termed " Modified Resolution No. 4.
<br />for- Grace Separation,. and
<br />Whereas, in further pursuance to said Act, the Common Council
<br />of South'Bend, on the _ day of January, 1925 duly approved said
<br />resolution of the.Boar o _ uc orks; and
<br />Whereas, said resolution provided that Marietta Street shall
<br />be relooa,e,d as it now crosses said railroad of the New York Central, so that
<br />Marietta Street, ro shall cross beneath said railroad at a right angle, sub-
<br />stantially as shown upon the.plat hereto attached and made a part hereof; and
<br />Whereas,,said-resolution further provides that Rush Street and
<br />Ohio Street shall each be vacated Where.said streets cross said railroad of the
<br />New York Central so that a separation of grades at said two crossings may be
<br />avoided, substantially as shown upon said plat; and
<br />Whereas, said rslogtisn of Marietta Street and said vacation
<br />of Ohio Street and of Rush Street will .promote the public convenience and welfare
<br />and will accomplish for South Bend and the New York Central a reduction in the
<br />cost of the separation of the grade . crossings of said railroad and of said
<br />certain streets in South Bend; and
<br />Whereas, said relocation of'Marietti Street and said vacation
<br />of Ohio Street and of Rush Street will require, for the public convenience and
<br />welfare.the establishment.,of a new street, between Fellows Street and Clinton
<br />Street and of a now street, between _Ohi.o Street and Marietta Street, substantially
<br />as shown upon said plat;
<br />i
<br />NOW$ T19ROORS j in consideration of the premises and that the
<br />terms and conditions of said resolution., as .adopted by the Board of Public Works
<br />and approved by the Common Council 'of South Bend, are duly carried out under
<br />and in accordance with said Act of the General Assembly of Indiana, The New York
<br />Central hereby agrees that, if South Bend, in accordance with the laws of Indiana
<br />providing for the relocation, opening and vacation of streets, shall duly so
<br />relocate said Maietta'Street,' vacate said Rush Street and said Ohio Street and
<br />establish and construct said new street, between Fellows Street and Clinton Street
<br />and said new street between Ohio Street, and Marietta Street, all substantially
<br />as shown upon said plate, The New York Central will pay to South Bend in the man-
<br />ner and at the times hereinafter provided,
<br />r
<br />(�) the excess of dame,gges, if any, over and above the benefits
<br />if any, that shall be lawfully and finally assessed by the Board of Public Works,
<br />by reason of said vacation of said Rush -Street, against or in -favor of the owners
<br />or holders of any property located south of the right, of way of the New York
<br />Central.
<br />(2) 37y' p,sr o.en� of the excee.s of the dame es, if any, over and
<br />above the benefits, if any, -that shall be lawfully and finally assessed by the
<br />Board of Public Works by reason of said opening of said new street between Fellow
<br />Street and Clinton Street, and 37- per cent of.the.00st of constructing said
<br />new street,, including sidewalks and pavement.
<br />(3) 75 per cent.of the excees of the -damages, if any, over and
<br />above the benefits, if .any, that shall be lawfully and finally assessed by the
<br />Board of Public Works by reason of the opening of maid new street between Ohio
<br />Street and Marietta Street.
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