12/03/1979 Board of Public Works Minutes

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us REGULAR MEETING DECEMBER 3, 1979 advised the Board that Mr. Lykowski has requested approval of a permit to move the house from the 800 block South Olive Street to 2718 S. Locust Road. James Markle, Building Commissioner_, has reviewed the request with the Bureau of Traffic and Lighting and the route submitted has been approved. Mr. Markle indicated that adjacent property owners have been notified of the proposed move. There was no one Dresent to speak on the house move. Mr. McMahon stated that the Board would require that twenty -four hours advance notice of any house move be provided to the Board office and to the Police Department after any permit has been approved. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the house move, subject to securing the necessary permit from the Building Department and providing the Board with twenty -four hours advance notice of the date of the move. FILING OF CORRESPONDENCE RE: VACATION RESOLUTION NO. 3482 The Board received the following correspondence from John Peddycord, Attorney for LaSalle Square Associates, regarding Vacation Resolution No. 3482: "Board of Public Works 1308 County -City Building South Bend, Indiana Re: Public Hearing - Vacation Resolution No. 3482 LaSalle Square Gentlemen: A public hearing on the above entitled vacation resolution was held on Monday, November 28, 1979. As attorney for the petitioner, the LaSalle Square Associates, an Indiana General Partnership, I advised you that I would have to provide the Board with a consent to the petition executed by the Bendix Corporation whereby they would consent to the vacation of "all covenants and restrictions and building requirements" of the Westchester Second Unit Subdivision inasmuch as it is the owner of the remaining lots in said subdivision. However, I have since obtained a copy of the original Plat for the Westchester Second Unit Subdivision and there are no covenants, restrictions and /or building requirements of any sort indicated on the Plat. Therefore, that portion of our petition requesting the vacation of "all covenants and restrictions and building requirements of said residential subdivision as pertained to Lots Numbered '43' through and including Lot Numbered '176' of said subdivision" is superfluous. Thus, there simply is no consent needed from the Bendix Corporation nor any other legal entity. Secondly, we are in agreement with the position of the Board outlined by the City Engineer during the hearing, to the effect that there is no need for a public hearing for assessment purposes inasmuch as we are not seeking the vacation of any public streets or alleys or other right -of- ways. Therefore, the transcript of the vacation resolution may now be executed by the Board of Public Works and recorded with the St. Joseph County Recorder.