05/04/1915 Board of Public Works Minutes

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THEREFORE, in consideration that said Board_ of Public Works proceed to vacate said alley as prayed in said petition, and for the further purpose of saving time and exepense, we, the undersigned, do hereby waive all objections and defenses 'to any and defect in said proceedings and hereby waive the notice and publication of notice provided by Section 9700 of Burnsf Revised St&tutes 1914; or any other Statute to be given of the adoption of the Original resolution vacating said alley described herein, and further waive notice and. service of notice showing the assessment or award of benefits and damages required by Statute, particularly referring.to Section 5702 of Burnsy Revised Statutes 1914. We also waive all right to remonstrance with regard toNour awards or assessments and waive the fixing of a day for hearing remonstrances as provided by Section E5702 of Burns( Revised Statutes 1914. We further expressly waive all notice, service -of notice and publication of notice provided by statute in connection frith the,proceedings to vacate said alley, and consent to the vacation of same without notice, and waive all, claims for damages by reason thereof. MICHI. CENT. R.-R. CO. - NILES MICH. S. C. LONTZ & SONS BY D. R. LONTZ SOUTH BEAID INDIANA. STAPLES-HILDEBR-! ND CO. The follow4 rig By Guy Stap less The following Vacation Resolution was adopted. VACATION RESOLUTION NO. 24,1915. Resolved bu the Board of'Public Works of the City of South Bend, Indiana. That it is desirable to vacate the following THE FIRST AjLEY NORTH OFC OLFAX AVENUE FROM EMERICK STREET TO THE EAST RACE as follows,to-wit: Beginning at thenorth east en-ner of lot 40 Original Plat of the Town of Lowell now apart of the City of South Bend, Indiana. Thence west along the north line Qf said lot 40 to the East Race thence north 14 feet to the south line of 39 in said Plat; thence east along the south line of said lot 39 to the west line of Emerick Street; thence south 14 feet. to theplace ofbeginning. The following property may be injuriously or beneficially effected by such vacation: -Lots numbered 39,39,40,41 and F1 rods off east end of lot 42 Original Plat of Lowell now a part of the City of South Bend, Indiana, Owned by Michigan Central R. R. Co. o Except 9 rods off east end of lot 42 in said Plat owried by Will G, Crabill. The above property is leased by Staples -Hildebrand Supply Co. Samuel C. Lontz & Sons William F. Martin and Frank J. Si°igler. Notice of this resolution shall be published on the 6th. day of May,l* 1915 and on the 13th. day of May,1915 in the South Bend Daily Tribune. This Board at its office in. the City Hall on the 1st. day of June 1915 at 7:45 P.M.. will hear and reeeivefk remonstrances from all persons interested in or a rected by these proceedings. Adopted this lath. da,.Iof May,1915. BOARD OF PUBLIC WORK& Mr. Albrigi.t, appeared before the Board and stated that he was• Junable to locate sewer tap on Prt of lot 32 Denniston and Fellows Add. at 121 E. Tutt Street. The Board decided to rebate to the property owner the sum of $11.00 paid for the tap when sewer was constructed on this street. Mr. E. Lours Kuehns appeared before the Board_ relati a to constructing a pipe sewer on Jacob Street from Jefferson Blvd. to Washington Street, on private contrast. The Board granted the same, providing Mr. Kuehns would sign a waiver. Clerk instructed to prepare waiver for Mr. Kuehsn to sign.