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Board met in regular hearing at 7:45 P.M. All members present.
<br />—_ beal.aratory hearing given on Improvement Resolution No. 209 for Wipe sewer on St. Louis
<br />Street from south Bend Avenue to Corby St reet j
<br />In the,, abuse matter no • remonst rat ors appeared and no remonst rances were
<br />filed. The Board therefore find in each and every case in said improvement that the
<br />benefits to the property and to the. City of South Bend, are equal to the estimated cost
<br />of said improvements, and the same are hereby in all things ratified,, confirmed and a
<br />approved.
<br />Be it resolved that notices be published in the South. Bend Daily ,dimes on
<br />the 26th. day of October and on the 2nd. day of November g912 to the effect that. -this
<br />Board will receive bids for said improvement up to 10:00 A.M. on the 12th. day of
<br />November 1912. The Board, reserves the right to reject any and all bids.
<br />,,--Declaratory hearing given on Improvement Resolution No: 208 for Pavement on Brick
<br />Avenue from LaPorte Avenue to Mi chi gan -Avenue.
<br />In the above matter remonstrators appeared and remonstrances were filed..
<br />The Board after due consideration deferred all aetion on the same until January loth. 1913.
<br />Hearing given on Condemnation for easements on the Bowman Creek Sewer, under Condemnati on
<br />Resolution No. 9,.
<br />In the above matter remonstrators appeared, and a remonstrance was filed.
<br />The; Board there fore after due consideration deferred all action on the above matter until
<br />Wednesday November the 6th. 1912 at, 10:00 A.M.
<br />Plat of the C. Oscar Stallard Sub. Div. of lots of 1-2 & 3 in W.M. Mack's replat of al
<br />part of Turn.ock' as and Mack's Sub. Div. was approved by the Board.
<br />WHEREAS, This Board of Public Works of the City of South Bend, Indiana, did,
<br />under its Condemnation resolution No. 7, for the opep-Ang of Union Street in said City of
<br />South Bend, Indiana, appropriate and condemn for street purposes the follwoing pies-cribed.
<br />real estate, to -wit:- A strip of land sixty (60) feet wide, thirty (30) feet on each
<br />side of the following described center line: Beginning at a point on the north line of
<br />Section 14 TOWNSHIP 37 NORTH RANGE 2 East ', Six hundred eighty-five and twelve Hundret hs
<br />(695.12) feet East of the North hest corner of said Section 14, thence south Six
<br />hundred sixty-eight and one-fourth (665-1/4) feet to the south lime of Sanders and
<br />Egbert, contlining 39,600 sq. feet; belonging to the Sanders & Egbert Company, and did allow
<br />said com_)any for said land the sum of Five Hundred Dollars ($500) as net damages: and
<br />WHEREAS, said Sanders & Egbert Company did appeal from said allowance of
<br />this Board to the St. Joseph Circuit Court, which Appeal is still pending in said court
<br />and in which appeal said Company asked for net damages in the sum of $72500.00: and
<br />WHEREAS, it is `_the opinion of the Board that the damages that may result
<br />to said Sanders & Egbert Company from the opening of said Street to its full width will
<br />be lessened by the postponing such opening- for a period of five years and pennittixg the
<br />said Sanders & Egbert Company to enjoy the use of its said land for said period as herein
<br />below stipulated: and -
<br />WHEREAS the said Company, through its Attorneys, has signified its will-
<br />ingness to enter into a stipulation with the City for the compromise and settlement of
<br />said appeal in the words and..figures following.
<br />STATE OF I NDI ANA,
<br />ST. JOSEPH'CIRCUIT COURT. SEPTEMBER TERM91912
<br />-Sanders-Egbert COmp€ny
<br />vs
<br />City - of ..South!. Bend, Stipulation.
<br />It is hereby stipulated and agreed between the parties hereto:
<br />FIRST! This causft shall be striken from the docket and shall be reinstated after,
<br />but not before, July 1st., 1917.
<br />SECOND:- Pending the reinstatement of this cause, the proposed street described
<br />in the Plaintiff's complaint, shall not be opened, not shall any grading be done or pavini
<br />curbing , or walks,- or pipes for water, gas, or sewers be laid, or poles or wires for
<br />telephone, telegraph, electricity, police, or fire alrams, or other public servi ce, 'be
<br />installed upon the palintiff's land, vdthin the limits of the proposed street, nor shall
<br />any other obstruction be placed or maintained or other public improvement be made therein
<br />by the defendent, which might in any wise hinder or interfere with the free use of dill
<br />parts of the plaintiff's said land as a log yard or prevent the free passage from east
<br />to west ,across the strip of land so sought to be appropriated:, for hauling, loading,
<br />unloading, and distributing or- storing logs, in connection with °t a business Mich is
<br />now or which may be hereafter maintained by the plaintiff or its successors on the land.
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