05/22/1978 Board of Public Works Minutes

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122 REGULAR MEETING 14AY 22, 1978 FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3459 (GATES REALTY CORPORATION) The Department of Engineering reported to the Board that the petition of Gates Realty Corporation to vacate Franklin Street, from Wayne to Western Avenue, had been reviewed. The Department has no objection to the vacation, subject to utility easements and to the stipulation that a fire lane be kept open at all times from Wayne Street to Western Avenue in accordance with an agreement with the Fire Department. The Area Plan Commission advised the Board that a public hearing on the petition was held and they recommend the petition favorably to the Board. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the reports were filed and the following resolution was adopted: VACATION RESOLUTION NO. 3459, 1978 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: Franklin Street, from Western Avenue north to Wayne Street Reserving the rights and easements of all Utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of way, unless such rights are released by the individual Utilities. The following property may be injuriously or beneficially affected by such vacation: Lot Nos. 1, 2, 3, 4, 5 and 6, Vail's Addition Lot Nos. 17, 18, 19, 20, 21 and 23, Southwest Addition Notice of this Resolution shall be published on the 26th day of May and 2nd day of June, 1978 in the South Bend Tribune and in the Tri- County News. This Board, at its office, on the 12th day of June, 1978 at 9:30 O'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 22nd da_v of May, 1978. BOARD OF PUBLIC 17ORKS s/ Patrick M. McMahon S/ Thomas J. Brunner, Jr. s/ Peter H. Mullen ATTEST: s/ Patricia DeClercq, Clerk APPROVAL OF LEASE- PURCHASE AGREEMENT - RIVER COMMONS UTILITY An agreement between South Bend Federal Savings and Loan Association and the City of South Bend for the lease - purchase of the River Commons Utility was submitted to the Board. The agreement covers water works facilities and the amount of the lease - purchase is $111,000. The appropriation ordinance has been approved by the Common Council. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the lease - purchase agreement was approved. I