The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-05-17

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nee OF the Corporation Counsel a Ger,
tined copy OF this resolution and a record
Of the same IA this once OF the Register
Of Deeds for the County OF Wayns.
The following IL the agreement re-
THIS AGREEMENT. made this. Il;
S Sssw 81 IN. CITY Of ps,roi sO' hsSsinaf
part and the Michigan Central Rail
road Company. hereinafter called the
h n.Ii xvi1 SSnIsRR%, party N the second
WHEREAS. the City desires TO dis
continue a. soon as may be reason :
ably practlcable the grade crossings IN
the said City at the Intersections OF
Sixteenth street and at Livernois avenue.
inclusive. with the right-of-way ewn-
I'D. used or occupied by the said haii-
road Company; and 10 substitute theIe-
fore overhead crossings by said rail-
road Company: and the parties hereto.
by their duly authorised representa-
tves. have agreed upon a uniform pro-
' . ,s the sssi e w wnsSs 'n .ssn be
elevated In said district between SIN
tsenth street and Livernois avenue. In :
elusive. TO provide for the separation OF
snt opened and used. or which may be
hereafter opened and used across saio
right of-way: and have also reached an
a resmsnt determining the method. the
sral specifications for affecting said
changes In said crossings; and In tur-
therance OF such general arrangement
for the separation OF grades In salo
ticuiar plans and specifications for the
separation OF grades In aeeoraancSe
with the said profile and said method.
terms and conditions
NOW THEREFORE,; In eonsiSs nntsrn
OF the premises and the mutual uhoer
takings Of the parties hereinoetore OK
pressed. AZ 10 agreed
l. That the City shall. by proper
ordinance. adopt the lines shown ON 'ne
pronle Identified by the signature OF
the City Engineer and the ssnaturs
OF the Chief Engineer or the Rniiroao
Company. and rled In the Office or said
City Engineer. and made part nersOi.
| iy fxing the levels for said district N
said city between Sixteenth street anu
Livernois avenue. both Inclusive, 10
which the said tracks Of the Railroan
Company shall be hereafter elevated; 10
provide for the separation OF sraaes
used or which may be hereafter opened
and dsed across me right way Sl
limits or said district, and the CITY
hereby covenants and agrees that the
said Railroad Company shall not DC
required 10 raise their tracks AZ the
intersection OF any street within the
| limits OF said district higher than the
level fixed by said profile; and that the
separation OF grades at all street cross
ings within said district SHAH DC si
fected hereafter BY lowering the
grades OF the streets Sufficiently 70 al
low the streets to pass under the rail-
road tracks when so elevated
II. That the City shall from tlme .t
time, by proper ordinance, whonevei
required for the purpose OF separating
the grades. change and lower tnt
| grades OF the several streets now open
way at the crossing within the limits
| or the district aforesaid, so as 10 per
mit the separation or grades In accord
ance with the profile aforesaid; ano II
ton OF the said railroad overhead
across such new bridge. and shall ano
hereby does assume the payment OF al
AUDITING damages. II any there be, &c
party OF the second part. arising IN
any way from said change In the grade
| OF any OF such streets, and all cost eS
pense, charges or liability In any pro.
ceedings which may be Instituted &c
effoct such separation OF grades, OF
which may be instituted TO prevent the
performance OF this agreement; IL De
Ing understood that the performance
| on its part OF this contract shall re-
lease and discharge said Railroad Com
pany from any and all assessments
charges. damages or liabilities. ana ot
accepted as full discharge ana &c.
ouittai of all obligations. present oil
future. of abutting owners. or aIis'ne
| from the failure OF the City 20 adjust
| or ray such damages. costs or expenses
In connection with such grade sepaIa,
! ton and changes OF grade ana the
city hereby assumes TO itself and
agrees TO pay and assume nnd IN.
IDENTITY and save harmless the saie
party OF the second part from ane
/ a I'll aaQaaamonta. DAMAGES
costs or expenses, except Tor constr NC
tiou hereinafter mentioned. withOu,
| charge, recourse, to or re -charge over
against such second party; and the
| nerty OF the second part hereby valves
any and all claims for damages oy rea.
] son Of the change OF grade OF any OF
said streets to any abutting proptrty
owned or controlled by II. The said
keep harmless and INDEMNIFY tne
City from any claim for damage 70
leasehoiders now occupying any par
OF said Railroad Company's right-oi,
way, caused by the change Of grade
herein provided for OF any said streets
and Will, insofar as IL snail De spie
| by the exercise OF rights reserved oy
| IL under the terms OF existing leas%s
prevent or reduce any claim Tor sucn
damage to leaseholders now occupy
| ing property belonging to said KAN
road Company outside the limit OF us
| right -of-way and In future leases
made by IL will provide that any claim
| FOR such damage shall be waived; and
will insofar as II shall he able by
the exercise Of rights reserved by "
vnaer the terms OF existing sidetrack
contracts, prevent or reduce any claim
for damage TO persons now nayins
sidetracks upon their premises leaolhg
from said Railroad Companys tracks
arising from the discontinuanee or
alteration OF any such sidetrack caused
hv the change OF grade herein proyid-
"a for OF any OF said streets. and In
future sidstrack contracts made by X
will provide that any claim Tor such
damage shall be waived.
III In consideration thereof, the
Railroad Company shall construct and
build the entire work involved In saiu
change of grade and all excavating
n.vinx and repaving. cost of inspec-
ton and all retaining walls aput
ments. sidewalks and guard rails and
sunport OF adjacent buildings made
nacs.sary by the construction Of SAID
overhead crossing, including any work
Of reiaying pavements and sidewalks
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