Vacate - Dinan Court running west from St Joseph St approx. 165 feet to the first north-south alley

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a__ REGULAR MEETING DECEMBER 1, 1987 Mr. Vance stated that based on the recommendation received by the Department of Economic Development he would make a motion that the Board delay any vote on this matter and that the Public Hearing be continued until the next regular meeting of the Board to be held on December 8, 1987. Mrs. DeClercq seconded the motion and it carried. PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATION: 1ST N/S ALLEY W. OF KESSLER BLVD. RUNNING SO. FROM MC CARTNEY ST. FOR A DISTANCE OF APPROX. 128 FT. TO THE 1ST INTERSECTING ALLEY Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed alley vacation described as follows: The first north /south alley west of Kessler Boulevard running south from McCartney Street for a distance of approximately 128 feet to the first intersecting alley, lying between Lots 64 and 65 of the Northwest 2nd Addition to the City of South Bend, Indiana. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Attorney Kenneth P. Fedder, Suite 300, First Bank Building, South Bend, Indiana, Contact Person, on behalf of the Petitioners, Warren Reynolds, Margaret Reynolds and David M. Golob, 1222 McCartney, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18 -53.8, owners whose property abut the proposed alley to be vacated were notified of the Board's Public Hearing date. i i Attorney Kenneth P. Fedder, Suite 300, First Bank Building, South Bend, Indiana, was present on behalf of the Petitioners and advised that the proposed alley to be vacated is not maintained nor used for trash pick -up. He stated that there is an alley which runs east /west which is open. Mr. Fedder stated that Mr. Golob, who was also present, is requesting that the alley be vacated and he will maintain it and pay taxes on the property he acquires. There being no one else present wishing to speak either for or against the proposed alley vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs.-DeClercq and carried, the Public Hearing on this matter was closed. It was noted that favorable comments have been received from the Engineering Department, Area Plan Commission and the Community Development Department concerning this proposed alley vacation. Therefore, upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to alley vacation subject to any and all utility easements. APPROVE _CHANGE ORDER NO. 1 - MICHIGAN STREET IMPROVEMENTS, PHASE II PROJECT Mr. Leszczynski advised that Carl J. Reinke & Sons, P.O. Box 3095, South Bend, Indiana, has submitted Change Order No. 1 e� e� a