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<br />9/8/69
<br />the Clerk tendered proofs of publication in the South Bend Tribune and the Tri
<br />County News on August 15 and August 22, 1969, which were read and found to be
<br />proper. No remonstrators having appeared and no written remonstrances having
<br />been received, upon motion made, seconded and unanimously carried, the
<br />adoption of said resolution for the vacation of said property was confirmed
<br />and approved, and the City Engineer was directed to prepare an assessment
<br />roll covering the assessment of benefits and the award of damages to surround-
<br />ing property owners.
<br />HEARING ON ASSESSMENT ROLL - VACATION RESOLUTION N0. 3295 --SEARS, ROEBUCK
<br />is COMPANY':
<br />This being the date set, hearing was held on the assessment roll in Vacation
<br />Resolution No. 3295, being for the vacation of:
<br />Franklin Street, from Western Avenue south to Monroe Street.
<br />The Clerk tendered proofs of publication in the South Bend Tribune and the
<br />Tri County News on August 15, August 22 and August 29, 1969, which were
<br />read and found to be proper. No remonstrators having appeared and no written
<br />remonstrances having been received, upon motion made, seconded and unanimously
<br />carried, the assessment roll is hereby approved, and the vacation resolution
<br />in all things ratified and confirmed, and the proceedings closed and the
<br />property declared vacated.
<br />HEARING ON RESOLUTION NO. 3300, 1969 - FOR THE OPENING OF FELLOWS STREET
<br />This being the date set, hearing was held on Resolution No. 3300, 1969, being
<br />for the opening of Fellows Street, more particularly described as follows:
<br />A public street 60 feet in width, running north and south in
<br />the northwest Quarter of Section 26, Township 37 North, Range 2,
<br />East, and connecting at both ends with Fellows Street as
<br />presently existing, and constituting an extension thereof from
<br />Walter Street to the north line of the southeast Quarter of the
<br />northwest Quarter of said Section, the center line of said
<br />proposed extension to coincide with the center line of
<br />Fellows Street as presently existing at both ends.
<br />Proofs of publication in the South Bend Tribune and in the Tri County News
<br />on August 15 and August 22, 1969, were read and found to be proper.
<br />F. Gerard Feeney, attorney, appeared before the Board and stated he wished
<br />to enter the appearance of George Sands as attorney for the estate of Robert
<br />William Maurice, deceased, and all devisees and legatees of the estate, and
<br />that he wished to file written objection for Mr. Sands to the resolution for
<br />the opening of Fellows Street for the reason that no notice was received.
<br />Mr. Feeney also stated Mr. Sands wished the record to show that federal estate
<br />taxes have not been paid in the estate of Robert William Maurice and that the
<br />Internal Revenue Department has not been notified and that they would have
<br />an interest in the land.
<br />Mr. Feeney further stated that Dorothy Battles, the eldest daughter of Robert
<br />William Maurice, is dead and her husband, George Battles, is the sole legatee
<br />under her will and is acting as executor of her estate, and that he files
<br />objection to the resolution for the opening of Fellows Street through his
<br />attorney, F. Gerard Feeney, for the reason that no notice was received, and
<br />for the reason that no value has been ascertained or assessed as to the damage
<br />to be paid, if any, to the owners of said real estate.
<br />Present also were the following heirs of Robert William Maurice Estate:
<br />Mrs. Ralph Nifong - R. R. #2, Box 238, Elkhart, Indiana
<br />Mrs. Dale Murphy - 60950 Miami Road, South Bend, Indiana
<br />Eugene Van der Hagen - 44-4 S/ Fellows Street, South Bend, Indiana
<br />George Battles - 712 E. Angela Blvd., South Bend, Indiana
<br />Also present were:
<br />James Dosmann
<br />- 4312
<br />S.
<br />Fellows Street
<br />Clifford Rich
<br />- 4412
<br />S.
<br />Fellows Street
<br />Oscar and Marian Van
<br />Wiele -
<br />4321
<br />S. Fellows Street
<br />Mrs. Leo J. Kierein
<br />- 4325
<br />S.
<br />Fellows Street
<br />Mrs. Norman Witte
<br />- 20418
<br />W.
<br />Kern Road
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