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282 <br />REGULAR MEETING SEPTEMBER 25, 1989 <br />The regular meeting of the Board of Public Works was convened at <br />9:33 a.m. on Monday, September 25, 1989, by Board President John <br />E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq <br />and Ms. Katherine Humphreys present. Also present was Assistant <br />City Attorney Jenny Pitts Manier. <br />AGENDA ITEM ADDED <br />Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq <br />and carried, a Change Order for the Edison Road Improvements <br />Project was added to the agenda. <br />APPROVE MINUTES OF PREVIOUS MEETING <br />Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq, <br />and carried, the minutes of the regular meeting of the Board held <br />on September 18, 1989, were approved. <br />PUBLIC HEARING AND FAVORABLE RECOMMENDATION - STREET VACATION: <br />DEDICATED BUT UNIMPROVED STREET KNOWN AS NUTEK DRIVE <br />It was noted that because the petitioner was not present at the <br />Public Hearing originally scheduled for September 18, 1989, <br />regarding this proposed vacation, the Public Hearing on this <br />matter was continued until this date for the vacation of the <br />following: <br />A dedicated but unimproved street within the City of <br />South Bend, Indiana, known as Nutek Drive <br />It was further noted that this Public Hearing is being held in <br />order for the Board to submit a recommendation to the Common <br />Council concerning the Vacation Petition filed by Contact Person <br />James A. Masters, Nemeth, Masters & Leone, 307 First Interstate <br />Bank, 112 West Jefferson Boulevard, South Bend, Indiana, on <br />behalf of the following Petitioners: <br />1. James P. Conboy, Jr. <br />Suite 505 <br />224 West Jefferson Blvd. <br />South Bend, Indiana <br />2. David L. Mathews <br />205 West Jefferson Blvd. <br />South Bend, Indiana <br />3. James A. Masters, as Trustee under a <br />Trust Agreement dated July 15, 1988 known <br />as Trust No. 71588 (James P. Conboy, Jr. and <br />David L. Matthews, beneficial owners) <br />Mr. James A. Masters, Nemeth, Masters & Leone, 307 First <br />Interstate Bank, 112 West Jefferson Blvd., South Bend, Indiana <br />was present on behalf of the Petitioners and advised the Board <br />that he is a Trustee under a Trust Agreement with James P. <br />Conboy, Jr. and David L. Matthews, and has no personal interest <br />in this property. <br />Mr. Masters informed the Board that Nutek Drive was never paved <br />and is not being used as a public street. He indicated that the <br />purpose of the vacation is to clear title to the real estate to <br />be platted as Lot 8, Landmark Business Park section Six, Part <br />One, by eliminating the dedicated right-of-way for Nutek Drive. <br />Nutek Drive was dedicated in the preliminary plat of Landmark <br />Business Park but has never been improved and is not needed for <br />the growth or orderly development of Landmark Business Park or to <br />provided access to abutting real estate. Therefore Mr. Masters <br />