REGULAR MEETING
<br />MARCH 2. 1981
<br />FILING OF REPORTS AND ADOPTION OF VACATION RESOLUTION NO. 3506, 1981
<br />(CEDAR HEIGHTS SUBDIVISION)
<br />VACATION RESOLUTION NO. 3506, 1981
<br />RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
<br />BEND, INDIANA, That it is desirable to vacate the following:
<br />14' alley running North from Crescent Avenue
<br />to the first east -west alley between Niles and
<br />Hill Streets, in Cedar Heights Subdivision.
<br />Reserving the rights and easements of all Utilities and the
<br />Municipal City of South Bend, Indiana, to construct and maintain
<br />any facilities, including, but not limited to, the following:
<br />electric, telephone, gas, water, sewer, surface water control
<br />structures and ditches, within the vacated right of way, unless
<br />such rights are released by the individual Utilities.
<br />The following property may be injuriously or beneficially affected
<br />by such vacation:
<br />Lots 10, 11, 12 & 13, Cedar Heights Subdivision,
<br />and also a vested interest in unplatted land west
<br />of and adjacent to said alley.
<br />Notice of this Resolution shall be published on the 6th & 13th
<br />day of March, 1981, in the South Bend Tribune and in the Tri-
<br />County News.
<br />This Board, at its office, on the 23rd day of March, 1981, at
<br />9:30 o'clock, A.M., will hear and receive remonstrances from all
<br />persons interested in or affected by these proceedings.
<br />Adopted this 2nd day of March, 1981.
<br />BOARD OF PUBLIC WORKS
<br />s/ John E. Leszczynski
<br />s/ Joseph E. Kernan
<br />ATTEST:
<br />s/ Barbara J. Byers, Clerk
<br />The reports of the Community Development Department and Department of
<br />Engineering indicated that there was no objection to the proposed
<br />vacation. The Area Plan Commission recommended that the alley not
<br />be vacated because it was felt the resulting 90 degree turn onto
<br />the east -west alley could not be negotiated without additional
<br />right -of -way being obtained. The Area Plan Commission also noted
<br />that the alley was a zoning line for property to the east which was
<br />zoned "B" Residential and property to the west which was zoned "D"
<br />Light Industrial. Upon a motion made by Mr. Leszczynski, seconded
<br />by Mr. Kernan and carried, the reports were filed and Vacation Resolu-
<br />tion No. 3506, 1981, was adopted. The public hearing on the Vacation
<br />Resolution was set for March 23, 1981.
<br />APPROVAL OF UTILITY AGREEMENTS (SIGNALIZATION PROJECT, 11 INTERSECTIONS
<br />Mr. Leszczynski stated that, in addition to the utility agreements
<br />approved by the Board on February 16, 1981, for the Bureau of Water,
<br />Sewers and Wastewater, approval was also needed for the public .
<br />utilities of Indiana & Michigan Electric, Northern Indiana Public
<br />Service Corporation and Indiana Cablevision, in connection with
<br />the signalization project involving 11 intersections. He stated that
<br />the agreements provide that the respective utilities will be responsible
<br />for removing any and all lines or equipment in the public right -of -way.
<br />Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and
<br />carried, the agreements between the city and Indiana & Michigan Electric,
<br />the Northern Indiana Public Service Corporation and Indiana Cablevision
<br />were approved.
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