|
0 Tuesday, July 29th , 1930,
<br />Rg
<br />-lehae l N. Swiontkowski nor sh ovas t o the Board o f Public vVo zk s
<br />of the City of South Bend, St. Jose h County, Indiana , that he is to owner in fee simple
<br />of Lot Numbered Nine (9) in Vogt' s irst Addition to the: City of South Bend, State of
<br />In diana .
<br />He further shows that said Board of Public Works on the 9th.
<br />day of July I930, prepared and filed a. list or Assessne nt Roll, -wherein and whereby it
<br />assessed the benefits and damages for lands taken and pr opos ed to be appropriated for
<br />the widening of Nancy Street in said city. Thy: t among the lots and laps to and against
<br />which benefits and damages were so assessed is said Lot No.9.
<br />•
<br />That benefits were assessed against said lot, and against him
<br />as the owner thereof, in the sum of �I20.00; and that damages to said lot, .and to him
<br />as the owner thereof, were and are assessed in the szm of $2500.00. �
<br />He further shows that the contemplated widening of said Nancy
<br />Street will take thirty feet off the east end of said lot, and will destroy the improve
<br />ments thereon as a part of said lot.
<br />And he now remonstrates against said assessment of benefits and
<br />Assessment
<br />damages made to and by said roll, for ,the following reasons:
<br />I. He sa7s that the benefits so assessed are wholly errone'dus,!
<br />•
<br />in that the said. lot will not be benefited in any sum whatever.
<br />2. That the damages assessed to said lot, and to him as the
<br />owner thereof, wre wholly inadequate and insufficient, and that the dar�ages ought to
<br />be, in truth and in fact, 5,000.00, and that said lot will be danaged in that sum.
<br />i
<br />WH3TEF-J_;E, he prays that on a hearing of this, his remonstraneei ,
<br />the benefits be reduced to nothing, and that the damages be increased to $5$000.00.
<br />PA RIKER C P.A BILL CRUTt1PAC KER AND MLY
<br />Attorneys for Remonstrator."
<br />•
<br />STAB OF INDI."NA )
<br />ST. JOSEPH COUNTY ) SS: BEFORE THE BOARD 7 PUBLIC 7dORKS!
<br />CITY OF SOUTH BEND)
<br />IN T I E TVZA T E R OF C ONDEIM AT I ON )
<br />RESOLUTION 1\70.233I. 1+IIDENING ) RE'T1ONSTRANCE.
<br />OF TtiTANCY STREET )
<br />Konstancy A. Swiontkowski, Laurence F. Swiontkowski, Michael '
<br />N. Swiontkowski, Bessie Tebolski, -Rose Polkowski, Constance Neugebauer, Clementine
<br />Swiontkowski and Stanleu D. Swiontkowski, now represent and show to the Board of Public ! •
<br />Works of the City of South Bend, fit. Joseph County, Indiana, that they are the owners in
<br />fee simple, as tenants in common of the following described panels of land and lots, Ii
<br />to -wit: Lots One (I), Two (2) '-hree (3), Four 4), Five (5) and Six (6) in Vogt's
<br />First .Addition to the City of 6outh Bend, said Konstancy A. Swiontkowski being so the
<br />owner of the undivided one-third (I/3) part of each of said lots, and the other persons
<br />above named being the owners each of an undivided one -seventh (I77) of two-thirds (2/3)
<br />of each of said. lots. !
<br />They further re -resent and show that an Assessment Roll, making
<br />an assessment of benefits and of damages against each cC said lots, for and on account ;!
<br />of the widening of a public street in said City of South Bend, known as Nancy Street, ;!
<br />fro, its present width of thirty feet to one hundred feet, was adopted by t-,e Board of !; •
<br />Public Works on July 9 th . , 1930,
<br />That by said Assessment Roll alleged benefits were assessed
<br />against said lots in the foliowing,•amounts: Lot I, except the east 30 feet thereof,
<br />$114.00; Lot 2, $407.77; Lot 3, 5465,75; each of Lots 4, 5, and. 6, except the east
<br />30 feet of each 1 of , $120.00.
<br />That in and by said Assessment troll damages to said lots were j
<br />assessed as follows: Lot I, except the east 30 feet thereof, %5,000.00; Lots 2 and 3
<br />nothing; Lots 4, 5 and 6, except the east 30 feet of each lot, 500.00 each.
<br />They show further that the contemplated and proposed widening
<br />of Nancy Street will take thirty feet off the east end of each of said Lots numbered �� •
<br />I, 49 5 and 6.
<br />And the above named persons now zemonstrate against the assess
<br />men.t of benefits and damages as made in and by the Assessment Roll herein, and say that
<br />the- benefits assessed against each low, as shown above and on said Roll, are excessive, I)
<br />and that neither of said lots will be .benefit-ed to any extent whatever by the widening
<br />of Nancy street. And they further say that the d arme-e s assessed to each lot, and to '
<br />themselves as the owners of said lots, namely: Lots I, 49 5 and 6 except the east 30
<br />feet of each of said lots, are wholly inadequate. That the actual damages to said lots,1!
<br />and to themselves, as the owners of said lots, are as fbllcus: 'I0,000.00 to Lot I,
<br />except the east 30 feet thereof, and I500.00 to each of lots 4, 5 mid. 6, except the ea;
<br />east 30 feet of each lot. II
<br />ARE OF they pray that upon . hearing of this, their remon-
<br />strance, the benefits to each of the lots above mentioned be reduced to nothing, and t
<br />
|