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670
<br />Wednesday February
<br />Board met in regular session at 7:15 P.M. All members present.
<br />Hewing ba& on. .: CondEemnat_ion . Resolution for the appropriation of
<br />land for. the opening of an alley in Dhnbat.'s $ib-Division of Bank Out Lois 31 and
<br />32 from Washington Avenue to Colfax.Avenue, undpr Condemnation Resolution No. 70
<br />adopted January 9th., 1923.
<br />In the above matter Atty. Seybold appeared representing J. D. Olive
<br />Atty. Bingham appeared representing Wilhelminia Kizer Morrision and,objected to the
<br />opening of said alley thru his clients lot, also Mr. D. Bowsher appeared and
<br />objected to alley being put thru, also Mr. Fulkerson appeared and objected to
<br />part of his lot being taken for the widening of alley off of Colfax Avenue.
<br />'Mrs. A. P'. Perley and Mrs. J."Tracy of the Circle of Verey Dispensary appeared and
<br />objected to alley if assessmentwas to be placed on the Dispensary property, but no
<br />writteh rembnstranceb were filed, The Board after hearing all interested parties
<br />deferred hearing until Wednesday February 14th.9 1923 at 7:15 P.M.
<br />Attorney Aaron Hugenard of the Firm of Melnerny& McInerny appeared
<br />before the Board with Rev. Theo. Hammes of St. Matthews Church and presentees the
<br />following petition which was read and placed on file, and Board agreed to investigate
<br />the alleys mentioned in said petition.
<br />STATE OF INDIANA ) e
<br />COUTNY OF ST.'JOSEPH )SS BEFORE THE BOARD OF PUBLIC WORKS IN THE CITY OF -SOUTH
<br />BLAND , 1923.
<br />TO THE BOARD OF PUBLIC WORKS
<br />OF THE CITY OF SOUTH BEND,
<br />The undersigned Petitioner would respectively represent to the
<br />Board that he is the Pastor of St. Matthews Church in the City of South Bend; that
<br />the legal description of the property used and occupied by St. Matthews Church and of
<br />the premises connected there with is lots 57,58,59,60,61,62,63,64,65,66,67,71,72 and
<br />73 , all in Oak Park Second Addition to the City of South Bend; that the title to the
<br />foregoing property is in the name of the Rt. Rev. Herman Joseph Alerding, Bishop of
<br />the Dioceses of Ft. Wayne; that heretofore, to -wit: on the 6th, day of February,1903,
<br />a certain territory was platted by the name and legal designation of Oak Park Second
<br />Addition to the City of South Bend; that the same was annexed to aid became a part, of
<br />the City of South Bend, and that said plat was duly recorded ir. the records of the.
<br />Recorder's Office, approved by law for that purpose, in Plat Book No. 8 at Page 99
<br />of said records; that in the City of South.Bend, lots 57 to 76 inclusive of Oak Park
<br />Second Addition form a city block boupded on the north by Dubail Avenue, on the east
<br />by Miami Street, on the south by Dayton street, and on the west by Dale Street; that
<br />running through the middle of said block east and west, and parallel to Dayton Street
<br />and Dubail Avenue, is an alley fourteen feet wide; that at a point 120 feet due east
<br />from Dale Street, and running parallel to Dale Street and Miami Street, there is ab
<br />alley fourteen feet wide; that this said alley forms the westerly boundary line of th
<br />the property held by said Rt. Rev. Herman Joseph Alerding; that at a point 254 feet
<br />due east from Dale Street, and at a point 132 feet due west of Miami Street, and,
<br />running parallel to Dale Street and Miami Street there is another alley fourteen feet
<br />wide; that the last described alley intersects the d%id alley running east, and west
<br />at a point 132 feet due west of Miami Street and 15* feet due south of Dubail
<br />Avenue; that said alleys out and divide the.property of the said Rt. Rev. Herman
<br />Joseph Alerding in such a way as greatly to depreciate its value, and that said land
<br />is for the most part rendered useless by said alleys cutting across said.described
<br />property.
<br />That said alley running east and west parallel to Dubail Avenue and
<br />Dayton Street, so Far as it runs from Miami Street due west for a distance of 266
<br />feet, to the second alley in said block, lying west of Miami Street has been practi-
<br />cally abandoned for use by the public, and that if vacated would cause no damage
<br />whatsoever to the rights of the people of this City; that said alley running parallel
<br />with Miami Street, whose aautherly boundary is a lin a which lies 132 feet due west.
<br />of Miami Street, is never used by the public and so far as is beneficial or convenieik
<br />as a public highway is of no value; that if said alleys were vacated; namely, the
<br />alley running east and west paralel to Dubail Avenue for a distance of 264 feet,.
<br />from Miami Street due west, and the alley running parallel to Miami,Street from
<br />Dubail Avenue to Dayton Street for a distance of 321 feet, the properties held by the
<br />It. Rev. Herman Joseph Alerding for the St. Matthews Parish of the City of South Bend
<br />would be greatly enhanced in value and increased in usefulness; that it has become
<br />necessary for said St. Matthews Parish to erect certain buildings and that it is j
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