The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1920-08-10
LEGAL NOTICE
NOTICE

NOTICE
Notice is hereby given that on Sat.
urday. August %. 1920, at 1890
O'Clock, A. NJ, the Board of Commits
sioners of Wayne County, Indiana, at
their regular meeting to be held at
the court house in the City of Rich
mond. Wayne County, Indiana, will
consider the matter of granting TO
Julius E. Bell, of Richmond, Indiana,
the following franchise:
FRANCHISE GRANTED TO JULIUS
E. BELL FOR RIGHT TO CON.
STRUCT SWITCH TRACK ACROSS
SOUTH IN" STREET.
WHEREAS, julius E. Bell has filed
with the Board of Commissioners of
Wayne County, Indiana. his written
petition praying for the right to con-
struct a switch track across South
IN" Street between South Seventh
and South Eighth Streets in Beallview
Addition to Richmond in Wayne Town
ship in said county, the same to ex-
tend in northerly direction from the
main line of The Chesapeake & Ohio
Railway Company of Indiana, and ter
minating on land owned by said julius
E. Bell, the same lots and parts of
lots Number One Hundred Eighty
ISO. One Hundred Eighty-one QSD.
One Hundred Eighty-two 1S2), One
Hundred Eighty-three Qs3), One Hun
dred Eighty-four $50, One Hundred
Eighty-five (185), One Hundred Eighty
six, Gs6). One Hundred Eighty-seven
187) and One Hundred Eighty-eight
(18S) in said Beallview Addition; And,
WHEREAS, The needs of said Jul.
ius E. Bell require a switch track in
connection with a lumber yard to be
constructed by him upon said prem
ises. and said county will be at no ex-
pense or liability in connection with.
the construction or maintenance o.
said switch track,
Therefore. be it ordained by the
Board Of Commissioners of Wayne
County, Indiana, that the right Is
hereby granted to said Julius E. Bell,
his grantees, heirs, devisees or assigns,
to construct, lay and maintain said
switch track across said South M
Street between South Seventh and
South Eighth Streets in said Beall-
view Addition extending in northerly
direction from the main line of The
Chesapeake & Ohio Railway Company
of Indiana, and terminating on land
owned by said Julius E. Bell, the same
being lots and parts of lots Number
One Hundred Eighty (1S0), One Hun
dred Eighty-one (1S1), One Hundred
Eighty-two GS2), One Hundred Eighty
three G83), One Hundred Eighty-four
Q8D, One Hundred Eighty-five G85),
One Hundred Eighty-six (1S6), One
Hundred Eighty-seven (187) and One
Hundred Lightweight (18S) in SAID
Beallview Addition, and said track to
be for the private use of said julius
E. Bell. And this grant is given on
the express condition that the County
| of Wayne shall be at no expense or
liability in connection with the install
alton or maintenance of said track.
and at no time shall be liable for any
expense in connection with the same
or for any matter or thing connected
with or growing out of said track or
the operation of trains or cars across
the same. And in installing said
track said company shall restore said
highway to as good condition as the
same now Is, and any wear or injury
to said highway caused by said track
and the operation of trains or cars
across the same shall be repaired at
the expense of said Julius E. Bell
1t is expressly provided that saiG
| switch track is to be constructed b.
! said Bell of first-class materials and
in a first class manner. said track to
| be constructed and maintained at all
times so as to conform to the present
grade of South IN" Street, the top of
! the rails being laid even and flush
with the surface of said highway, as
the same is now established or may
hereafter be changed or established.
Said Bell shall at all times keep
and maintain said switch track and
! for eighteen inches on the outside of
| the outside rails thereof in proper and
/ safe condition at his own expense.
! 1t Is further provided that said
| Board of Commissioners reserves the
right and power to direct the removal
of, and to remove, the said switch
! track at any time hereafter when in
! the interest of the county or the pub
| lie the same shall be necessary, or on
account of express violations of this
grant by said Bell. And in the event
! said switch track is removed, or
| caused to be removed by said Board
! for any of the purposes herein con-
templated said county shall not be
/ liable to said Bell, his heirs, devisees,
grantees or assigns, for any damages.
or any damages asserted or claimed
! to be occasioned by such removal or
, for the value of said Bells property
! in said tracks. In the event that said
/, switch track Is removed from said
highway for any such reasons said
Bell, his heirs, deyisees, grantees or
assigns, shall Immediately thereafter
at their own expense place said high
way as occupied by said switch tracks
! in a proper and safe condition for pub
. lie travel.
At said time and place a public
hearing will be had at which any tax
/ payer of the county may appear and
| file protest against any or all pro-
visions of said franchise and grant
w. HOWARD BROOKS,
Auditor of Wayne County, Indiana
| ROBBINS, Keller & ROBBINS,
|