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322 <br />REGULAR MEETING JULY 28, 1997 <br />UNFAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY <br />Mr. Littrell indicated that the Common Council has submitted to the Board a Vacation Petition as <br />completed by Mr. Paul Costello, 303 West Angela Boulevard, South Bend, Indiana to vacate the <br />following alley: <br />The first east -west alley north of West Angela Boulevard from the east right-of-way of the <br />first north-south"alley west of North Lafayette Boulevard to the west right-of-way of West <br />Angela Boulevard for a length of approximately 665.2 feet and a width.of 7 feet. Part located <br />in Parkovash addition to Navarre Place, City of South Bend, St. Joseph County, Indiana. <br />Mr. Littrell advised that the Board is in receipt of unfavorable recommendations concerning this <br />Vacation Petition from, the Area Plan Commission and the Department of Economic Development. <br />The staff of Area Plan has reviewed this petition and has found that the request does not meet at least <br />one of the standards for vacation, that "the vacation would not make access to the lands of the <br />aggrieved person by means of public way difficult or inconvenient." Vacation of this alley would <br />deny access to the garages located on Lots 302, 303, 304, 305, 305, and 307. In addition the <br />property owners of Lots 303 through 307 have not signed the petition to vacate. - While this may not <br />affect the legality of the Petition, it is Area Plans' opinion that it is important to note that the property <br />owners that will be denied access by this vacation have not signed the petition to vacate. Area Plan <br />recommends that this petition be denied, unless it is amended to exclude at least the portion of the <br />alley that provides access to Lots 303 through 307. It appears that lots 308 through 316 all have <br />access from Angela. The Department of Economic Development, Police Department, Fire <br />Department, Sanitation, Department of Economic Development and the Department of Public Works <br />concur. Therefore, Ms. Roemer made a motion that the Board send an unfavorable recommendation <br />to the Common Council concerning this Vacation Petition. Mr. Littrell seconded the motion which <br />carried. <br />APPROVE IRREVOCABLE STANDBY LETTER OF CREDIT: <br />Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, submitted the following Irrevocable <br />Standby Letter of Credit to the Board and recommended approval: <br />IRREVOCABLE STANDY LETTER OF CREDIT NO. 07-0716-A <br />ISSUED BY: <br />Freeman Spicer Services <br />FOR: <br />Matteo Builders <br />AMOUNT: <br />$62,609.00 <br />EXPIRES: <br />July 16, 1998 <br />IMPROVEMENT: Field Pointe Sub, Phase I, Section 5, for the improvements not <br />completed. <br />Mr. Littrell made a motion that the Letter of Credit, as outlined above, be approved. Ms. Roemer <br />seconded the motion which carried. <br />APPROVE CLAIMS <br />Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $1,737,309.52 dated <br />July 21, 1997, and $4,066,914.13 dated July 28, 1997, and recommended approval. Additionally, <br />Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted one (1) list containing <br />claims in the amount of $54,479.02 and recommended approval. Mr. Littrell made a motion that the <br />claims be approved and the reports as submitted be filed. Ms. Roemer seconded the motion which <br />carried. <br />