08/02/76 Board of Public Works Minutes

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g REGULAR MEETING AUGUST 2, 1976 including, but not limited to,, the following: electric, telephone, gas, water, sewer, surface water control. structures and ditches,, within the vacated right of way, unless such rights are released by the individual Utilities. The following property may be injuriously or beneficially affected by such vacation: Lot No. 1073 of LaSalle Park Second and Lots A & F of the Replat of LaSalle Park Second. Notice of this resolution shall.be published on the 6th and 13th day of August, 1976 in the South Bend Tribune and in the Tri-County News. This Board, at its office, on the 30th day of August, 1976 at 9:30 o'clock A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 2nd day of August, 1976. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ Thomas J. Brunner, Jr. ATTEST: s/ Patricia DeClercq, Clerk Mr. Farrand noted that the petitioners for this vacation are William Tuberville and the Department of Redevelopment and that the Area Plan Commission conducted a public hearing on the petition to vacate and recommended it favorably to the Board. REPORT FROM AREA PLAN COPIRZISSIO14 ON VACATION RESOLUTION NO. 3409 Mr. Farrand noted that proceedings on Vacation Resolution No. 3409 were completed and it was then noted that one of the alleys was left out of the legal description which the Area Plan Commission advertised for their public hearing and that same legal description was used in the Vacation Resolution and Assessment Poll adopted. The Area Plan Commission was asked to submit an opinion regarding the matter and the following -report was received: "Gentlemen: In Re:.Petition to vacate portions of Donald and Fox Streets, from Columbia east to Fellows and the first east -west alley south of Bowman between Fellows.and Push, and the north -south alley between Fellows and Rush Streets, from Bowman to the aforesaid east -west alley, and a portion of Rush Street south from Bowman to the first east -west alley, City of South Bend Please be advised that it is our opinion that when the above described alleys and streets were considered for vacation by the Area Plan Commission, the east -west alley between Donald and Fox Streets was also considered. This opinion is based on two points. The first is the first paragraph of the enclosed staff report. This paragraph includes the alley in question. The second is the enclosed map that was used at the Public Hearing. This map was projected on a screen and discussed during that meeting. 1 1 1