09/1902 Board of Public Works Minutes

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Sept ,, ' 4th, 1902 •9- Hearing on condemnation resolution + 7A adopted the 26th . day of August 1902 for the app ropy at ionof the property rty of Elisha Pe ck fob Park Purposes • A re monst ranee was filed by Elisha Peck a..nd . Hannah Peck aga ihst the appropriation which reads as follows: State -of Indianan St • Jose -ph Co-, SS-- The City of South Bend by its Board of Pub�ie Works • rain the matter of the condemnation of the Bank Out Lots + 120 and 4125 in the 0 •P • of South Bend, Ind. To the Hon• Board of ?ublic Works of said City: The undersigned, Elisha S. Peck and Hannah Peck do hereby remonstrate against the condemnation proceedings to take the aforesaid real estate for the use of the said City of South Benda on the following grounds, to -wit: XI' I., 4irst:. - ..That Ltbe-, CjtyOofo6otth Bead qmdldtbyBOard -af rub 1aeWi &"eha.wtns right, power or authority to condemn said property for any purpose wb4te ve r . S cond: Rhat 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 Bend has no need of said real esfor its use fo.r any lawful purpose and the same is not of lawfull utility • Fourth: - Said property is not needed by seLid City, is not of public utility will cost the City a gzeat outlay of funds in the way of :lamages on said condemnation proceedings, and much outlay in the Ray of improving said property for a suitable paki - And said City has not sufficient funds available for the purpose of such expenditure • Fifth: Said real estate is situated but seven blocks from the center of the City of South Bend and is of a gasat value for building purposes and we silence lots, and will when subdivided make over forty good building and residence lots and for V-1 that purpose can be sold for prices ranging from $400.00 to $1000 -00 per lot The City of South Bend can procure property for park purposes at a greater distance from the center of said City at a much less expenditure which will be fully as appropriate and practicable for park purposes as well as the proposed tracts* WherefQre we respectfully remonstrate against this condemnation p? oceeding and ask that the Board find that si ad pr oper ty will not be of a be ne f it to said City and not of public utility and that the same should not be condemned and that this proceeding be dismissed • (Signed) E 11 sha S . Pe ck and Hannah Pe ek . D .D •Bate s t their att or ney •