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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. <br />D <br />1 <br />