07/17/1918 Board of Public Works Minutes

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244, ur�►nn�.�neEts�v .�n vv�d1reg ��UAIAA&_ =_ --- COPY DR REMONSTRANCE FILED BY JOHN A. HIBBERD. State of Indiana. ) SS Before the Honorable Board of St. Joseph County. ) Public Works of City of South Bend, Indiana. In Re: Condemnation ) Resolution No. 51 for ) R E M O N S T R A N C E Widening of Oakland St. ) Comes now John A. Hibberd, remonstrant herein and respectfully shows to the Honorable Beard of Public Works -of City of South Bend, Indiana, that he is a c itizelt of taxpayer of City of South Bend, Indiana, and that he i$ new; and has been, continuously for 27 yevre last past the owner of a tract of land in- City of South Bend, consisting of about 11 acres, extending from Mishawaka Avenue OILthe north to the St`. Joseph River on the south, and borders and abuts on the east side of Oakland Street in said City throughout the full length of said .street," snd that he is the owner of the land proposed to be condemned by the City and appro- priated by it for the widening of said Oakland Street in said City of South Band, ' and objects add remonstrates against said resolution and said condemnation and appropriation of land.fvythe following reasons tow -it:- viz:- 1, Said proposed condemnation of land for the widening of said street takes a strip of said remonstrants' land, 30 ftwide off of said land iron the west side of said remonstrant's land, which borders and abuts on the east side of Oakland Street froyN\the entire length of said street and south extending from Mishawaka Avenue on the nert to the St. Joseph River on the south, and after taking off said 30 feet of land off of said remonstrant's land, the remaining portion of said remonstrant's land is too wide for lets to be laid out across said remonstrant's land east and west„ and not wide enough for two rows Of lets -to be laid out east and west and spoils the remaining portion of said remxistrant's land by the takltig off of said proposed strip of land ill far exceed the benefits he will receive fjii.. same and the widening of said street. 2. That the damages resulting to said remonstrant from the taking of his land will b�greatly in excees of any benefits which said remonstrant will receive from the taking of his land and the widening of said street. 3. That said Oakland Street runs south from Mishawaka Imenue and ends at'the St. Joseph River at a point where there is so bridge over the river or near the end of said street, and that there is but very little travel on said street, due to the fact that you can't get across the river at south and of street, and that public necessity nor convenience demands or requires that said street be widening from 30 feet to 60 feet.. That there are no houses on the east side of said street, and the way said'limd, an the east side of Oakland Street is platted, probably never will be, and that there are but a very few houses located on the west side Of said street, and public utility and public needs does not demand or require that said street be widened from 30 feet to 60 feet. 4. That the damages resulting from appropriating 30 feet of private property throughout the full length of said street will far exceed the benefits and thepubl is necessity, convenience or utility does not require said expenditure when said street is already established and wide enoughi to accommodate all the travel upon the same. .1[HEREFOR2, said remonstrant remonstrates and objects to the dondmnation of his said land and the widening of said Oakland Street by the taking of his said land, and _aks the Honorable Board to rescind its said resolution, deny the petition for widening said street, and refuse to widen said street and for ,all other refief. JOHN A. HIBBERD ALFREDLtMARTIN REMONSTRANT Attorney for Remonstrant.