06/13/77 Board of Public Works Minutes

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L '� ' REGULAR MEETING JUNE 13, 1977 REOUEST FOR REVIEW OF YOUTH SERVICES BUREAU BUILDING LEASE The Board received a letter from Councilman Richard Dombrowski requesting information about a lease agreement for use of a structure at 1011 E. Madison Street by the Youth Services Bureau. Mr. Dombrowski asked that he be advised when the lease was entered into, when a new agreement will be executed and the amount of rental paid. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board referred the matter to the Legal Department and the Human Resources Department for review and information so a reply can be made to Councilman Dombrowski. LETTER FILED RE: USE OF EASEMENT SOUTH OF WESTERN AVENUE James R. Gore, Jr. and Councilman Walter Kopczynski had requested that the Board review the use of an easement between Mayfair Place and Western Avenue. Mr. McMahon submitted the following reply to the Board .for consideration: "Mr. Walter Kopczynski Re: Requested controlled use of the Easement Between Mayfair Place and Western Avenue, running east -west Between Summit Drive and Mayflower Road Dear Councilman Kopczynski: Please be informed that we have reviewed the above referenced request and offer the following: 1. The entire width of this easement lies within the property lines of the Western Avenue lots. 2.- The easement Was dedicated for the purpose of providing 'access to -sanitary sewers located within its limits, and also for the purpose of providing a future access route for the Western Avenue properties, should they ever develop commercially, as they indeed have. 3. The easement is not a restricted access easement. 4. Based upon the above, the Legal Department has advised me that the City of South Bend has the right to insist that this easement be maintained clear and free of fixed obstructions which would prohibit or deny us access to the sewer lines, and that we have no other jurisdiction what- soever in this matter. The authority to deny ingress or egress lies solely with the property owners affected and is a civil matter. In light of the above, I would like to inform you that the Board intends to take no action in this matter. Currently, traffic which uses this easement passes over the curb and sidewalk located at its east end at Summit Drive; should this walk orcurbingbe damaged as a result of this traffic, the Department of Public Works will take action to see that it is repaired in a manner consistent with its usage. Very truly yours, s/ Patrick M. McMahon, P. E. President Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board directed that the letter be sent to Mr. Kopczynski, with a copy to Mr. Gore.