08/16/1922 Board of Public Works Minutes

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The following Engineer's report filed. A7ggust 14,1922. Board of Public Works, South Bend,, Ind. Gentlemen: - We have checked the number of resident freeholders residing on Marine Street from Indiana Avenue to Calvert Street and find that there are fifteen. Of this number seven have signed the remonstrance. Yours truly FREDERICK J. , ANDERSO]g City Engineer. Hearing had on resolution for pipe -sewer on Lafayette Street from Parkovash Avenue to Angell& Avenue and Parkovash °Avenue from Lafayette Street to TecumsehAvenue, under Improvement --Resolution No. 1019. In the City of Souh Bemd. Indiana. Upon said hearing no'remonstrators appeared and no written remonstrance was filed. And the Board being fully advised in the premises, decides that the, benefits to property liable to be assessed for said improvement are equal to the esti- mated cost'of the same, as reported by the City Civil Engineer,,and thereupon takes final action on said resolution as originally adopted, and the same is here by in all things. ratiied, ; confirmed. and approved. Resolved further, that notices be published on the 18th. day of August 1922 and on the 25th. day of August 1922 in the South Bend News Times and Tribune, stating that this Board will receive bids for the constru Lion of such improvement up to 10:00 A.M. Tuesday September 5th., 1922. The Board reserves the right to reject any and all bids, The Board ordered the old excavation bond s of W. W. Sibley released and to be replaced by new bond filed June nth., 1922. The following communication received from City Attorney Hammond read and placed on file and resolution ordered. August 16,1922. Board of Public Works,C City of • South Bend, Ind. Gentlemen:- . I have investigated the title to -the rea1 -Lstate described in the attached petition and the records disclose the following facts: On June 23,18841 David Bowman CJ and wife conveyed to the'Logansport and Terre Haute Railroad Company (now the Pennsylvania System); a tract, of land containing approximately seventeen acres, no reference is made to any alley on Dhe East side thereof. See Deed Record 95, page 352. In 1889 the said Bowman and wife conveyed to Edward C. Witmer , a tract of five acres adjoining the above mentioned tract on the East and on the same deed, Witwer conveyed to Frank Stover, two acres of said tract. In 1891 Stover and Witwer platted this five acre tract and dedicated to the public the fourteen foot alley in question, the West line of this alley being the East Line of the Railroad property. While it is general rule that upon the vacation of a street or alley the abutting property owners will take title to the center of the tract vacated, under the prculder facts of this case there is no question but that the owners of the property abutting the alley on the East will take title to all of the land vacated and the Pennsylvania Railroad Company will take none of.it . This has been well settled by a recent decision of the Indiana Supreme Court and is well supported by similar decisions fromother states. Respectfully submitted, L. W. HAMMOND, LWH. FRS, FILED City Attorney, AUG. 1691922. BOARD OF PUBLIC WORKS. BY L. P. HARDY Vice President. Petition filed and resolution ordered for pipe sewer on South William Street. from Indiana Avenue to Calvert .street,