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0)0 tednesday, June 13th. , 1928.
<br />Petition was filed by Vincent P. Bendix and George Y.
<br />&tudebaker Jr. , asking permission to erect a retaining wall w;thin 6 inches of the
<br />side walk along their property on the easterly side of EstherStreet', which retitionil
<br />is in words and figures as follows, to wit;
<br />"To the Honorable Board of Public Works
<br />Of the City of South Bend, Indiana.
<br />Petition of Bendix Realty Company and George Y. Studebaker
<br />Jr. for Permission to erect and maintain a retaining wall
<br />on the east side of Esther Street, between Jefferson Blvd., and
<br />Colfax Avenue.
<br />The undersigned respectfully represent that they are the
<br />owners of all the land fronting on the East side of Esther Street, between Jefferson
<br />Blvd,., and Colfax Avenue, that Esthester Street has been graded and paved, and
<br />sidewalks and curbs constructed on the east side thereof, between the points aforesaid;
<br />that the elevation of the ground ow red by your petitioners is approxirn, tely 5f#et
<br />above the level of said street; that many valuable and thriving shrubs and ornamental
<br />trees are staAding on said land, at the property line along rather street, and as a
<br />result of the grading of said street many of them have been undermined, and unless
<br />protected by a retaining wall, will be distroyed. That the distance between the
<br />sidewalk and the property line is 24"; that a retaining mall 3-it high can be con-
<br />structed 61t thside of the sidewalk, which will retain the soil and w event further -
<br />erosion, and thereby save all the ornamental trees and shrubs aforesaid.
<br />It '
<br />Your peti.ttaners, therefore, respectfully request
<br />permission to erect and rainta.in a retaining wall 3-t in height, the outer face of
<br />which ,will be 6" inside of the sidewalk along the east side of Esther Streets and
<br />j extending from Jefferson Boulevard to Colfax Avenue, with openings for any
<br />ii intervening public alley.
<br />Respectfully submitted,
<br />Bendix Realty �o.
<br />By Herbert Sharlock, Vice*Pres.
<br />George Y. Studebaker Jr."
<br />The petition as well as oral statements on the Tart of
<br />the petitioners were heard and considered and the Board was of the opinion that the
<br />prayer of -the petition should be granted subject to reversion.
<br />The Board, therefore, authorized the construction of a
<br />wall, as requested in the petition, along the easterly side of Esther Street upon
<br />the condition, however, that the City retain the right to request the removal of
<br />said wall at any time and the uetitioners and their successors in the title
<br />agreed that this permission on the -art of the City shall not estop the City from
<br />requesting the removal of said wall out of said part of said street at any future
<br />date' on which it may see fit and they will forthwith upon such request remove the
<br />same.
<br />In the matter . of Improvement Resolution No.2060 for the
<br />widening, pavement, resurfacing and construction of lighting system on Viami Street
<br />from the southerly curb line of Lincoln nay East to the north curb line of Ewing
<br />Avenue, except a portion from the south line of the first alley south of Lincoln
<br />Way Fast, produced, to the south line of Pennsylvania Avenue, -croduced, the Board
<br />ire orders that on the 26th., day of June, I928, this Board will receive, open .
<br />i`
<br />and consider sealed proposals for the construction of said improvement up to I0:00
<br />A. 74% The Board further orders that notices of said proposals shall be published
<br />in the South Bend News Times and Tribune on the I5th. , day of June and on the 22nd. ,,
<br />day of June, I928, according to law.
<br />The:Board adopted the following Resolution together
<br />with estimates on same:
<br />Improvement Resolution No.1774A.
<br />Proceedings Supplementary to Resolutio# No.I774
<br />with reference to Trunk and Sub -Trunk Sewer Improvements.
<br />No.1774A.
<br />Whereas., Proceedings have heretofore been had by this
<br />Board under Resolution No.I774, for the construction of the so-called Northwest
<br />trunk Sewer System in this city, and
<br />herens, Contract has been let and construction work has
<br />been started under said Resolution as later confirmed, and said wore is noon
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