South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-06-03

SOUTH BEND.
RESOLUTION.
RESOLVED, by the Board OF
Public Works in the City OF South
Bend. Indiana. that the petition OF
the New Jersey. Indiana K Illinois
Railroad Company heretofore filed,
asking for permission TO construct,
maintain, and operate an industrial
spur track or tracks across certain
streets and alleys. as hereinafter
further set forth. be. and the same
is hereby granted. on the following
terms and conditions, to-wit:
/. Said industrial spur track Or
tracks shall be constructed along the
following described route. namely
intersecting the corporation line of
the said City of South Bend at
point about two hundred (200) feet
west OF the east line of Section Six
teen G6), Township Thirty seven
(37 North. Range Two CD East.
and Immediately south OF the east
and west center line OF said section,
and continuing thence in a general
easterly direction across the remain
der OF said SeCiOn Sixteen (l6) and
continuing in an easterly direction
across the north end Of the south
half on of Section Fifteen (l5),
said township and range. 10 point
about six hundred ffty-two and $40
(652.9) feet west OF the north and
south center line of said Section Fiji
teen (15); thence curving and bear
ing in a northerly direction across
the southeast corner of the south
east quarter "a OF the northwest
quarter co of Section Fifteen C5)
across the said north and south
81 r
teen C15) at a point about two
hundred fOrty-two and 6-lO
(242.6) feet north OF the center of
said Section Fifteen (15) TO ana
along the south side of a certain
right OF way and railroad known as
the St. Joseph, South Bend & Sou
thern Railroad and now leased and
operated by the Michigan Central
Railroad Company. and the New
York Central Railroad Company
thence east on a line parallel and
adjacent TO the right Of way OF the
ST. Joseph, South Bend a Southern
Railroad Company crossing said
railroad company's right OF way at
a point about five hundred and fifty
(55O) feet west OF the west line OF
Prairie Avenue. thence continuously
i'm a northeasterly direction crossing
the east leg Of the Wye of the
Indiana Northern Railway Company
AT a point one hundred ninety -four
and 4-10 (194.4) feet more or less
west of the center line OF Prairie
Avenue: thence east parallel with
and adjacent to the -ight of way of
the Pittsburg. Cleveland, Cincinnati
Chicago x St. Louis Railroad Com
pany to "a point in the west line OF
Lot Seven Cd in r. G. Raffs First
D. a
said Industrial spur track or tracks
crossing at grade. Olive Street Wal
nut street the north and south alley
between kemble Avenue and Catal-
pa Avenue. Prairie Avenue. kemble
Avenue. Catalpa Avenue. the north
and south alley between Catalpa
Avenue and Chaplin Street. Chaplin
Street. the north and south alley be-
tween Chaplin and Kendall Streets,
Kendall Street. and the first north
and south alley east of Kendall
Street. all in said City of South
Bend Indiana.
e. said industrial spur track or
tracks shall be constructed, main
tanned. used, and operated accord
ing TO the terms of the franchise
! heretofore granted 10 the said New
Jersey. Indiana & Illinois Railroad
Company. which said franchise was
contained in certain ordinance
adopted on the 2Sth day of Febru
airy. 1904. and all ordinances amend
atOrv thereof or supplemental
thereto that this grant is made sub
iect to the private rights OF the
I owners of real estate over which
said railroad may be located, and
upon the express condition that
when said railroad crosses any street
or alley IL shall be made TO conform
I strictly TO the grading of such street
or alley as heretofore established, or
as the same may be hereafter estab-
lished by the City authorities. unless
I the CITY upon application Of said
/ COmDanv shall consent 10 variation
/ Of said grade.
At all street crossings. the said
New Jersey. Indiana & Illinois Rail-
/ road company. its successors and
/ assigns. shall so construct its said
railroad as 20 cause the least OBJ
I struCtion possible 20 the passage Of
/ persons and vehicles and shall
/ always maintain said crossings so as
I 10 make the same safe and Conven-
( lent for the passage of persons and
/ vehicles. and shall at all times. when
required by the Common Council Of
the CITY. and at it's own expense put
| on haEmen at any and all Of the
3 said crossings. and said Compa~ y.
/ its Successors and assigns. shall al
ways make and maintain under the
I line Of It's railroad within the City
sufficient cuIverts and drains 10 ad-
nit Of the free passage OF water
, along the streets and alleys affected
/ i'm any manner by the construction
\ Of said railroad and shall plank said
/ track between the rails and within
/ at least six feet on each side OF said
/ rails at all such crossings the en-
I tire width OF such streets and al
\ leys and shall also plank the side
\ walks when they cross such right
I of way and shall keep said crossing
I when so made in good repair and
! condition
/ If said Railroad Company. its sue
CcSSors and assigns after notice.
shall fail or refuge 10 do any and
/ an of the things required by the
/ ordinance. then the same shall be
done under the orders Of the Coun-
! Gil By the Street Commissioners Of
I this City and the expense Of doing
I the same. with penalty OF twenty
/ percent. be recovered from said
/ Company. its successors and assigns.
I in any court OF competent jurisdic-
7 ton
The said Railroad Company. its