10/11/76 Board of Public Works Minutes

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440A REGULAR MEETING OCTOBER 11, 1976 ADOPTION OF VACATION RESOLUTION NO. 3409, AS ATTENDED Mr. Farrand advised the Board that Vacation Resolution No, 3409, 1975 and the Assessment Poll for that Vacation Resolution, for the vacation of portions of Donald, Fox and Push Streets and three alleys, were finalized and it was then brought to the Board's attention that one alley, the east -west alley between Donald and Fox, was inadvertently omitted from the legal description advertised for the Area Plan Commission public hearing. The legal description was then carried through the Board's action on the Vacation Resolution and Assessment Poll. The Area Plan Commission reviewed the matter with their Attorney and advised the Board that they have determined that the alley omitted from the legal description was covered in the presentation at their public hearing and was included in the exhibits presented b17 Jack C. Dunfee, Jr., Attorney for the petitioners. This allev was considered b-NT the Area Plan Commission in their deliberations before making their recommendation to the Board. Mr. Farrand noted that these exhibits were also presented by Mr. Dunfee at the public hearing before the Board of Public Works. Adjacent property owners to all streets and alleys to be vacated, including the omitted alley, were notified of the public hearing before the Board. Deputy City Attorney Georgia Luks reviewed this matter and recommended that the Board adopt an amended Vacation Resolution and amended Assessment Poll including the alley in question and set them for simultaneous public hearing, Adjacent property owners to the alley in question would be notified of the hearing. Upon + motion made by bMr. Farrand, seconded by Mr. Brunner and carried, the following Resolution was adopted: VACATION RESOLUTION NO. 3409, 1975 - As Amended 10/11/76 RESOLVED Ml,' THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, IPIDIANA, That it .is desirable to vacate the following: Portions of Donald and Fox Streets, from Columbia east to Fellows and the r-irst east -west alley south of Bowman between Fellows and Rush, and -the north -south alley between Fellows and Push Streets from Bowman to the aforesaid east -west alley, and the east -west alle�T running west from Fellows Street between Donald and Fox Street, and a portion of Push Street south from Bowman to the first east -west alley, City of South Bend. Reserving the rights and easements of all Utilities and the Municipal Cit_%7of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric,+telephone, gas, water_, sewer, surface water control structures and ditches, w*thin the vacated right of way, unless such rights are released by the individual Utilities. The following property may be injuriously or beneficially affected b such vacation: Lots 136 to 195 inclusive in henry Studebaker's Addition; Lots 230 to 241 inclusive in Boixian's 6th Addition; Lots 165 to 176 inclusive in Boix_ian's 5th Addition. Notice of this Resolution shall be published on the 22nd and 29th day of October, 1976 in the South Bend Tribune and in the Tri-County News. This Board, at its office, on the 15th day of November, 1976 at 9:30 o'clock A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings.