05/21/1930 Board of Public Works Minutes

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Wednesday, May 21st. , 1930. In the above named improvement re se lution, remonstrs_ tors appeared but no -written remonstrance was filed and the Board, after hearing all persons interested in said improvement and being fully advised in the premises, -dboldes to modify said resolution to provide for the construction of sewer only and j eliminating the pavement. With this modification, the Board fide that the benefits j to the several lots and parcels of land liable to be assessed for said improvement will be equal to the estimated cost of same as reported. by the City Engineer and that the improvement is necessary and therefor+, takes final action on soAd improvementI resolution and declares same in all things ratified, confirmed and approved as modi- fied. • The Board now orders that on the IOth., day of June I930, sealed pro- posals will be received for the construction of said improvement up to IO:00 A. M. The Board further orders that notices of said proposals shall be published on the 30 th . , day of ay and on the 6 th . , day of June 1900 in the South Bend Tribune and Mirror according to law. This being the date set, hearing was hadon Improvement Resolution No. 2362 for the pavement of Porta Avenue fro S. C. line of Navarre Street to Keller Street. (See files for copyoO resolution. In the above named improvement resolution, remonstrators appeared but no remonstrance was filed. Attorney Jay was present representing approximately • ;� 149 property owners. Attorney Obenchain was -present representing the North `Rest Business Mens association. After hearing all persons interested in said improvement ' and after giving every one present an opportunity to voice his sentiments either for ii or against said proposed improvement, the Board decides to continue hearing until Tuesday, May 27th. 1 19309 at I0:00 A. M. The Board approved the following Covenant made and executed by Ben Plotkin and bophia Plotkin, husband and wife with reference to several buildings erected in the street area on Corby 'treet and the Board hereby instructs Clerk to record same: • C0VENASTT This indenture, rmde this 2lst., day of May I930$ '4Vitnesseth: That whereas, Ben Plotkin and. Sophia Plotkin, husband and -rife are the onners of the following; described real estate situated in the City of South end Coun of St. Joseph, 'Mate of Ind iana , to -wit: ' Lot Number One Hundred Twelve (II2) in �orin's Second Add it ion to the City of South Bend. • it And whereas, `orby "treet in the City of South Bend, Indiana a public street runs along the North side of said property; and Whereas, heretofore in erecting buildings on the property as above set forth, said Ben and. Oophia Plotkin, inadvertently through error, placed said !i building beyonA the property Tine , on Corby Street , as shown by record of survey on file with the Board. of Public 14orks of the City of South Bend. Therefore, it is agreed and understood that said Ben and Sop1da Plotkin will vacate that portion of said Corby 6treet which they occupy, at any time that the Board Public WorRs of of the City of South Bend, Indiana, deems it necessary for street improverrnts, as signified by the request of said Board, and will save said "I Board arid. the City of South Bend from any litigation whatsoever, either for the pur- pose of obtaining possession of said property as a public street pr on account of any suit that may be filed by private property owners in the iiicinity thereof, and pay all costs that may be occass Toned by said building having been erected on or ov-r the property line, and that they will save the City of South Bend free and harmle ss of all costs and damages by reason of the above said buildings. In witness whereof , we have hereunto set out hands andseals this 2Ist. j day of 1-ay 1930. i Ben Plotkin Sophia Plotkin • I State of Indiana) i )SS: St. Joseph County) Be fore r;ie the and ersi gne d. , a Not ary Pub 1 is , i n and. for said County and State, personally appeared Ben Plotkin and Sophia Plotkin, husband and wife, and ac- •