10/16/89 Board of Public Works Minutes

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314 REGULAR MEETING OCTOBER 16, 1989 Humphreys and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to vacation subject to any and all utility easements. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - VACATION OF CERTAIN UNNAMED AND UNIMPROVED PUBLIC RIGHTS -OF -WAY OVER AND ON THE MAPLE LANE SCHOOL PROPERTY Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed vacation described as follows: PARCEL NO. 1. Beginning at a point Sixty-five (65) feet South of the South West corner of Lot Numbered Two Hundred Fifty-six (256) Maple Lane Addition. Lot is located at the North East corner of Maple Lane and Rose Street; thence South 661 feet; thence West Fifty (50) feet; thence North 661 feet, thence East Fifty (50) feet to place of beginning. PARCEL NO. 2. Beginning at the North West corner of Lot Numbered 48, Edison Park Addition Section B, which Lot is located at the South West corner of Rose Street and Gordon Drive. Thence South along the West line of Edison Park Addition Section B, 661 feet more or less to the North line of Edison Park Addition Section B; thence West thirty (30) feet; thence North 661 feet more or less to the south right-of-way line to Rose Street; thence East fifty (50) feet to the point of beginning. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Mr. Jon R. Hunt, Department of Economic Development, 1200 County -City Building, South Bend, Indiana, as a representative of the City of South Bend Board of Public Works. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed rights -of -way to be vacated as well as those property owners within fifty feet (501) of the property to be vacated were notified of the Board's Public Hearing date. Mr. David Roos, Department of Economic Development, was present and advised the Board that the City acquired from the South Bend Community School Corporation the property at Maple Lane School. He stated that in 1945 two strips of land shown on the legal description were in fact dedicated as public right-of-way. Since that time the property was transferred to the South Bend Community School Corporation and Maple Lane School was built on top on one of those rights -of -way. Mr. Roos noted that the vacation of the above named rights -of -ways will clear the title for the Maple Lane School property. Mr. Victor Zielinski, 1213 Gordon Circle, South Bend, Indiana, was present and inquired who would maintain the thirty (30) to forty (40) foot strip of land between the lots which he understands will be fenced off. Mr. Roos advised Mr. Zielinski that the Army will be responsible for maintaining that area. In response to Mr. Zielinski's concerns about what would happen should a utility company need access to that area, Mr. Roos advised that the vacation of the property would be subject to any and all utility easements. There being no one else present wishing to speak either for or against the proposed vacation, and no written objections having