05/04/1915 Board of Public Works Minutes

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CO DEMNAT ION RE SOLUT ION NO. 37-1915. Resolved by the Board of Public Works of the City of South Bend,Indiaha: That the following . described property be apprpriated for the use of said City: Begin at south east earner of let 37 Original.Plat of Lowell now a part of the City of South Bend;,thence west along the south line of said lot 37 to the easterly line of the East Race; thence scut. 16 feet; thence east parallel with and 16 feet douth of the south line of said lot 37 to the wedt line of Emerick Street; thence north along.the west line of Emerick Street 1E feet to the place of beginning. The following described property may be i�njurieusly or beneficially affected by such appropriation: Lot 37 Original -Plat of Lo :f..11 now �& part of the City of South Bend, Indiana. Owned by Augusta Sulgl, Hannah Talbot, Gaylord H. case, and Philip P. Quinlan, T.. F. Berkley end Julia Hoban. ' Lot 3S Original Plat of. Lowell now a .part of. the City of South Bend.* Indiana. Owned. by the Michigan Central R.R. Co. The purpose of such appropriation is for the opening of an alley. Notice Of this resolution shall be published o-n the 6th. day of May,1915 and on the 13th. &-y of May,1915 in the .South Bend Daily Tribune. Thj.s Board, at its office in the City Hall on. the 1st. dray of June,1915 at 7:45 P.M.. will hear and receive remonstrances from all persons, interested in or affected by these proceedings. Adopted this 4th..day of May,1915. BOARD OF PUBLIC, T s1ORKS. Mr. Hubbel, attorney for the Michigan Central Ry. Company with Mr. C.. C. Hill, Acting Dili. Engineer appeared before the Boardan.d filer the i0 flowing waiver. WAIVER. -I South Bend,Ind. May 4th. 1915 . • J TO THE HONORABLE BOARD OF PUBLICWORKS, OF THE CITY O Y SOUTH_�:'BEND, INDIANA. r VHEREAS, the Michigan Central Railroad. Company and others heretofore filed before thtis Board -a petition twat this Board open. a certain alley in the ' Original Plc:.t of Lowell, more particularly described as followO Begin at southeast corner of lot 37 ' Original Plat of Lowell now a part of the City 'of South Bend,Indiana; the -nee west along the south line of said lot 37 to the easterly line of the east Race; thence south 16 feet; thence east parallel with and 16 feet; south::of, the south line of said lime of said lot 37 to the west line of Emerick Street; thence north along the west line of Emerick Street 16 feet to the'place of beginning. WHEREAS, the undersigned Michigan Central Railway Company owns all the property abutting on said alley and awns all the property that can be in any way af- fected by the opening of said alle;r' THEREFORE, in consideration that said Board of Public Works proceed " to open said alley as prayed in said petition and f"dr the further purpose of saving time and expense, we, the undersigned, do hereby waive all objections and defenses to any defect in said proceedings and hereby waive the'notice and public- ation of notice provided. by Section. 9700 of burnalb Revised Statutes 1914, or any other Statute to be given of the adoption of the Original resolution opening said alley descri.bed herein. , and further waive notice and service of notice showigg the assessment or award of benefits and damages required by Statute, parti.eularly referr- ing to Section 9702 of Burns? Revised Statutes 1914.