08/1902 Board of Public Works Minutes

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375 Tlearing on Condemnation Resolution No., 7 adopted onthe 12th . da$ of: August1002. foV'the appropriation- fiiation of- the propertp;of E2sha::-Peck for ps,rk.'puxposes . A remonstrance was filed by E l i sha Peck and Hannah Peck against the app rop ri at i on, wh i ch reads as f oll-ows State of Indiana, St .Joseph County, SS. The City of South, Bend by its Board of Public Works. In the matter of the c onde mnat ion of Bank Out Lots Numbe r 1`.0 and 125 in the 0 .P . of South Bend, Indiana. To the Honorable Board of Public Works of said City: The unde rs i gned,E li sria S .Peek and Hannah Peck do he M by remonstrate against the condemnation proceedings to take tree afoTb-said real estate for the use of said city of South Bend,on the following grounds, to --wit:- '4'irst; That the City of South Bend and its Board of Public Works has no right,power or authority to condemn said property for any purpose whatever, Second: That the city of South Bend and its Board of Public Works has no right,power or authority to condemn property for park purposes for the use of the general public for a public park,and this condemnation proceeding is prosecuted for that purpose and it is the intention of said Board and said City to use said real estate for such purpose of_ a public park. Third; That the City of South -dend rias uo need of said reai. estate for its use for any law `ui purpose and the same is not of public utility. Fourth: Said property is not needed by s4id City, is not of public utility,will cost the e i ty of South Bend a great outlay of funds in the way of damages on said condemnation p''oceedings,and much outlay in way of improving said property for a suitable park . And said City has not sufficient funds available for the purpose of such expenditure . Fifth; Said real estate is situate but seven blocks from the center of the City of South Bend and is of great value for building purposes and for residence 1ots,and will when subdivided make over forty good building and residence lots and for that purpose can be s old at prices ranging from V4400 .00 to 1000 .00 per lot . The City of South Bend can procure property for park purposes at a greater distance from the center of such city at a much less expenditure which will be fully as appropriate and practicable for park pur- poses and will answer all of. the needs of said city for that purpose as well as the propos- ed tracts .