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HomeMy WebLinkAbout05/16/1933 Board of Public Works MinutesTuesday, Yay l6th . , 1933 0 • • • • • Boerd met in reV,ular session at 10-30 A. I`. All members present. Minutes of rfeetinp held Tuesday, T.=elr 9th., 1933, read and e-proved. Cit7, ;npi.n.eer, '`. P. x .v, ssbraitted the following schedules of reeis- tribu.tions of assessments vhich were T)etitionedl for bs follor.rings: PINT I TION To The Honorable Board_ of Public ',forks Of the C1_t7,.7' of Soutn Bent. Tne? i.ana. Four. petitioners, t%Iifford J. %_eyer, and. Ate la. C. I;�eyer, husband and IT,ife represent to your I'lonorable Doa rcl that on the 12 th , , day of Novem be r, 11,130, they received from Louis 'Toth a.nc� r.`arj.T Toth, hush^nd and wife, bytiFra.rr^nttiT deed a. conveyance of the following described real estate situate in the City of South Lend., St. Joseph County, Indiana, to wi t: �''escr�;pt i on I`o. l lot or p artie 1 of la nc on T=arrie tt Street in the ,i.ty of youth Bend_ bound- ed by a line running �s f oll cyT s , viz- Deg i nn.i np on t he west line of FTarriett Street in .paid city at e point 1175 feet southerly from the south lire of `•`nahington ^-venuein said ci_tlT, thence runrinF vTesterljr para'.le 1 with ane'. 175 feet south of the sou-; line of ashinF-on venue a r.ista.nce of 191 feet, thence south n^ra.11e 1 with ens 191 feet -est; of the west line of sn id 'erriett Street a 0 ist,nce of 50.2 feet, thence easterly to a point on the v.,est line of T-arriett Street; in said city 72.97 feet Bout he r17T from the _r ' ec e of beF-inninF, thy: nce northerly along the rTest line of se I-arriett Street 72.97 feet to the place of bef-i.nn ing. IlThiel Ceec' is recorded i_n t, _e office o;' tl,e ;,ecar°d.er of ='t. ,oseph Count sr and in eer record 235, -re pe s 297 - 298. To'.7r pet!Lioness fUyt. r re-w-esenl + ^t sni!-?`.Teel above described ?gas t^'hen from en< i s one hPlf of t'-e fol, at-.i_m­ c escri.bef rea.1 este te, to V_;it: escrinti_on -o. 2 ens 3,. eMi.nninr an tl rT :sterl_zT fin of Terriett Street <::00 feet northerly from tr_e north line of Jeffe- on -31vo.m thence nol,therl:�r along arriett 6treet 67.6 feet to angle, thenc e n orth 78.35 feet, thence west 19009 Feet, thence south 5�7.9 feet, t�lence southwest parallel to T"arriett Street 40.5 feet, thence southerly 191 fbet to the beginning Lot 104 in 7-uhn's proposed Second' Lia"'d i_vi.sioil. `T'h is d e s cr ipt ion a l so i nc lue es Lot No. 104 i n Kuhn' s S e co ne, Prop os ed SunnITsid e Add. it ion. TLour -petitioners fur her represent that t'r�e tenth installment of an ass- ess7.ent on T'uhn's Second, Proposed Sunnyside Addition on I.ot No. 104 rerreins unpaid vhich is Duplicate Iol4923, arc: the e ssessnent appears in the name of Cyrus C. anal. C„roline Shafer and? said �ssessr:.ent 117as levied for grade, curb and sidewalk and also four- rEn,ieninF installments u:npa i d on saf T= entire real estate described by metes and bounds vT' ic' is description number ti.-o above am ithich assessment is Duplicate o.27880 in t'n e nar~e of �o-L%_-st iTi_llier rtm.r levied. for K. rriett Street P„vement and rater tax. yolir petiti oners further zepresen- th^t the portions of these remaining unpr, c assessr_,_ent s are lr:vied „F nst fire _reel estate described in Description No.2 and 3 and' tha_t these pet-tioners are the onVrers o" theduel estate described in 1 06scription o.1 which constitutes one half of t'_e real estate described in description 'o . 2 a.nr 3 . Vour peti tioners fur tT: er represent the t i n tY e pa st t hey have contributed their one 'Ielf of these assessner_ts to Louis L'. Toth end %:ar?T Toth w_1 o paid the -:_other one he1_f of said e ssessmer_t but that it is irepos Bible to continue this errenVement for the revson th t these petitioners would lice a reassessment so th,.t the77" are to pay t?.e portion o_" the assessrrent to t?--c real estate or-ned b T these petitioners is beneficiall7= effected. - "our petitioners further represent tr,t t'_-.ere are no unpaid delinquent insteller;_ents of t' ese t­.o separ2te assessments =-ne' that the amount due on the remaining (assessments is as follg-s: i,u-ol.icrte fro. Installment Pri nci-bal ?merest 14923 loth 24.43 .73 27880 7th 89.23 16.74 8th 89.23 13.38 9th 69.23 8.03 loth e0 .2 3 2.68 Your petitioners fi- thcr represent that this real estate has heen separated for taxation purposes. Im Tuesday, Yay 16th., 1933 STherefor your petitioners pray that said reel estate above describ- ed in Description No. 2 and 3 be reassesses, so that these petioners, Tho own said real estate described in No. 1 can pay the fair end equi.talle proportion of the remaining. assessments to which saic real estate described in d escriltion No.l is benefifially benefited by said improvement. Clifford J. Qyer tat e of Inr inna. t . Joseph County Clifford J. Eever, being July sworn upon his oath says: That e bps cpneful.ly rear+ the above petition and that the matters anf facts therein setforth re true anQ correct to the best of his knowledge and belief. Clifford J. Meyer Subscribed ans• sworn to before me , t Notary public in end for said unty and sta to , th is llth.. , daq of Y, y, 1933. Mae Newman, Notary Public Commission expires April 20th., 1934. I Duncan J. Campbell, Treasurer of St. Joseph- County, Indiana , ertify that there are no delinquent assessments unpaid ans that the remaining unpaid ssessments as above set forth are true am correct. Duncan J. Campbell * * * * * * * * y * A A I it A * * * x * * * * * * Yay 13th. , 1933 ?' PRI!TT STREET GvAPE CUIDD '7T ITE 1`7`.AILK oll To. 1500 eso No. 1153 up. No. 14923 Cirrus C & Caroline E. Shafer I I by 19 33 'I 24.43 .73 25.16 Zot 104 Kuhns W . , Propos eJ Sunnys i d e , 24.43 plus .73 M 25.16 ETIS7EIBUTI O OF TF I&B E 1' SSESSI-.:EY Beginning on the west line of T?=ryckenham Drive at a point 175 feet southerly from the south line of Washington Ave, thence westerly parallel with and 175 feet south of the south line of Washington Ave a distance of 191 feet, thence south parallel with and 191 feet west of the west line of sa ir', Tj,:zrekenhamd Drive a distance of 50.2 feet, thence raster-1y to a point on the west line of Twyckenham. Prive 72.97 feet south- erly from the place of beFinning, thence north erly along the west line of said Twyckenham Drive 72.97 feet to the place of beginning. Clifford J end Ada C. Meyer Beg inr, ing on the west line of Twyckenham Drive 300 feet nor therI7 from .the north line of Jefferson Blvd, thence northerly along Twyckenham Drive 67.6 feet to en gle , thence north 5. 38 feet, thence we: to rl y to the in- tersection of point. 225.2 ft, south of the south line of Washington Avenye end l?l ft west of the arrest line of TwyckenhamTryckenhnni Drive thende south 9.7 feet, thence southwest parallel to Twyekenham_ Drive 40.5 ft. thence southerly 191 feet to the place of beginning, 12.58 Louis U end Mary Toth 12.58 Total 25.16 • • • 0 • LI • Tue sd a v , Tyra y 16 th . , 19 3 3 1-,espe Ctfu1_lr submitted , u. C. Wray City Civil Engineer uAART-f =G`:: T STREET Z'AVET__ 171 I NF,) INATER TAPS . i • j Roll No. 1923 - eso Yo.1650 Dur). No.27r'80 1''or est TTi lI_ier Bep, on the ilsT line of h'Prriett ,-street 300 ft my from Nly lixie C"f Jefferson T31vd, thence T'?ly elonr, Harriett `:t 67.6 ft to enFle, tr,ence north 78.25 ft thence west 190.9 ft, thence south 59.9 ft, thence S Wly --,rrallel to l;arrie tt St 40.5 ft, thence SE ly 191 ft to beF-inning. Lot 104 in Kuhns Proposed 2nd Sub. 1933 1934 1935 1936 . 89.23 89.23 89.23 89.23 10.71 8.03 5.35 2.68 8.03 5.35 2.68 107.97 102.61 97.26 91.91 356.92 plus 42.83 = 399.75 i t � 7� R T DT rrr7CON 0 B O T S7 T BeF on the west line of `t"�[Vckenharn Drive at a point 175 ft, soutP erly from the south line ofahhinton Ave, thence westerly parallel T ith ^nn 175 ft south of the soutT, line of 'y'l shinton Ave a c,ist^nce of 191 ft thence south parallel irTith - n(9 191 ft west of the vest line of said 7?=;7rckenham. Drive a c istenc e of 5 0. 2 ft, thence easterly to e point on the rest line of '777TC ,enhem Drive 72.97 ft southerly from t h- pl-F Oe of teFinning, thence northerly along the west line of said `_w?Tckenham Drive 72.97 ft to the i place of bepinninp, being a part of lot 104 in Kuhns Proposed 2nd. Sub, Cliff cmd J and Ida. C. I:`eyer 178.45 Beg on the rest line of Tw--ckenharrl ::rive 300 ft northerly from the north line of Jefferson Blvd, thence northerly a1onF- T7Tyckenham "rive 67.6 ft to angle , thence north 5.38 ft. thence westerly to the in- tersection of point 225.2 ft s out h of the south line of ashinFton Ave and 191 ft wrest of the *.Test line of TVyckenhem Drive, thence south 9.7 ft thence southwest parallel to Twyckenham Drive 40.5 ft , thence southerly 191 ft to the place of beFinninp, being a ^art of Lot 104 in I'uhns Proposed 2nd Sub, ToUi sand ?.'ary Toth 178.47 i Princ ipa 1 356.92 nt erest 42.83 Total . . . . . . . . . . . .5 399.75 Respectfully subritted, ?. G.rar, City Civil Engineer. 1 Both of the above schedules, submitted by T. G. V'ray, City Engineer, in :1 compliance with the petition of Clifford J and Ads C. I'.^eyer, for rod.istributfons of 5 j assessments, Tery signed and approved by the Board. Tuesday, T'ay 16th., 1933. PE T I'77 ON Play 4th . , 1933 I'onora ble ion rd of Public Works , City I'a11, South Bpnd, Inc iena. Gentlemen: I'Ve the unc ersi tined are the ovrner s of the property described as Lots Nurnbere� 21 and 22 in Yorris Park Addition. °e are desirous o repLattinp these tvtro lots an(�. kinely request your Board. to make a rearranp•ement of the assessments in accordrnce with the two following_ descriptions. These descriptions are noL� on record in the off ice of the Recorder of St. Joseph County. to separate reed. hes been secured for each of these parcels and recorded in the names of Charles ebster Alspaugh endLffie T._, IT Alspa�_ph: Bef-inninr- et the Southwest corner of Lot Tyrenty-one !,-Orris Park Addition to the City of South Bend'. St. Joseph County, I_InOian.^, thence Eest alone the South line of said. Lot 21, 50.70 feet, thence North at ri pht angles to the se id South line of Lot 21) 76.2 feet to the north 1 ne of Lot 22 same Addition, thence ''est n lone the North line of said. Lot 22, 80 feet to the NorthL=7est corner of Lot 22, thence Southeasteray along the westerly line of Lots 22 end 21, 82,06 feet to tee pl- ce of beF-inninp. Bepinning a t a point on the South line of Lot 21 in I. -orris P,,rk Addi tion 50.70 feet Bas of the Southwest corner of said Lot 21, thence North o t ri Fht angles to the south line of seid Lot 21, 76.20 feet to the north line of Lot 22, same liddition, thence east 40 feet to the Northeast corner of said Lot 22, thence Southeaterl7, alone, the asterly line of Lots 22 and 21, 82.06 feet to the Southeast corner of said Lot 21, thence crest along the south line of s-id Lot 21, 69.30 feet to the ploce of beginning. A possible arrenemement of these assessments was discussed with the City Engineer some time a.po anr-' were distributed in the follat-inF manner: Ge orpe �V- end i lma L . T7cDonal d Lots 21 and. 22 l=orris Park Idd.it ion 42780 18257 Kinyon Street Sewer 13.48 Lot 22 46129 18258 Kinyon Street ,SP,L'er 10.60 Lot 21 Lot 21 Impr o ve m ent Peso No.1981 Lot �To . 22 . - 42780: 2262 T.',orr is Perk A,5d ition G and T: cDonald 1934 58.82 8.82 7.06 74.70 - 42781 1934 28.03 4.20 3.36 35. 59 West -1 of Lots 21 end 22 1934 9.27 1.39 1.11 11.77 1935 1936 1937 1938 58.82 58 .82 r8 .82 58.82 7.06 5.29 3.53 1.76 5.29 3.53 1.76 71.17 67.64 64.11 60.58 294.10 plus 44.10 338.20 1935 1936 _ 1937 1938 28.03 28.03 29).03 28.03 3.36 2.52 1.68 .84 2.52 1.68 .84 33.91 32.23 30.55 28.87 140.15 -plus 21.00 i 161.15 2263 IT. Vi. T. S . 1935 1936 1937 1938 9.27 9.27 9.29 9.27 1.11 .83 .56 .28 .83 .56 .28 11.21 10.6t 10.11 9.55 46.35 plus 6.95 1858 Kinyon Street Sewer 10.60 18257 Kinyon Street Sewer 15.48 42780 U.orris Pk. Pavement 352.92 42781 Morris Pk P vment 168,18 46129 N. 17r . T. n . a = 53.30 Y est 65 feet 5.72 7.28 190.58 90.82 55.62 350.02 East 55 ft. 4.88 6. 2p 162..34 77.36 250.7 • • • • • • Tue sC1 r7,r , Iiay 16th. , 1933. If it is possible to rea.rranoe these a ssessments as listed above, it Would meet witl our entire approval. i '''ae v,,ith to thank you kindly for your consideration in this me.tter Yours very truly, C. 71. Alspaugh airs . C. ,!V. Alspaugh I, In compliance pith the above petition, City Engineer, TT. C. Viray, submitted. the following redistributions of assessments end saic' schedules `here signed and approved; by the L'oerd as follows: i i ISTOR ETt,,EST TRUNTK ST, ER II it Ro 11 N,o.2263 ' Reso 1'o.1774 • V1 Dup. To. 46129 Coerpe W. & ','ilma 1 CDona10 I , ;i `' est of lots 21 and 22 I. orris Park Jkddition j r I ntl 1� 64 1935 1936 1937 1938 9.27 9.27 9.27 9.27 9.27 1.39 1.11 .83 .56 .28 1.11 .83 .56 .28 11.77 11.21 10.66 10.11 9.55 46.35 plus 6.95 _ 53.30 it i I� TT" ATE) Ov-1 AFT_ATZ � .�T�:rI AS: � ;I `'lest part of lots 21 and 22 1"'orris Park i-ddit ion, more particularly described as follows Beg at ti-,e S cor of lot 21 1-orris Perk Add., thence east along the south line of said • lot 21, 50.7 ft; thence north at ripbt em-les to tr.e said south line of lot 21, 96.20 ft to tre nort.r; line of lot aa, sane Adeition, thence Nest <lonF the north line of said lot 22, 80 ft., to tre IT- - corner of 16t 22, thence soutreasterly along ti:e westerly Line of lots 22 end 21, 82.06 feet to t�:e plyce of beginning. l G . Al spa ugh , 46.35 • 0 Principal 46.35 Int erest 6.95 `1 ota 1 53.30 Respe etfuli v. surmitted, TT. C • ',;ratT, 'it -.TT Givil Engineer T_-C.RIS PARK PAVEN-M'T OF STREET + rj'-TJI Roll No. 2262 Reso No. 1981 pup. Co. 42780 Georee VP� .`!i1me-cDonz;lc?. (Lot 21) !�u-o. ' o. 42731 George +`. 9, uJilm�a T:_c onal d ( Lot 22 ) Lot 21 1. orris ark rzdition, Lay 1934 1935 1936 1937 1938 58.82 58.8? 58.871 58.85 58.82 8.82 7.06 5.29 3.53 1.76 7.06 5.29 3.53 1.76 74. r10 71.17 67.64 64.11 60.58 = 294.10 plus 44. 10 = 338.20 Tuesday, Yay 16th. , 1233 Lot 22 Lorri s Park Addition, Mny 1934 1935 1936 1937 28.03 28.03 28.03 28.03 4.20 3.36 2,52 1.68 3.36 2.52 1.68 .84 35.59 33.91 32.23 30.55 1938 28.03 ,84 28.87 = 140.15 plus 21.00 = 161. 434.25 plus 65.10 = $499.35 REDISTRIBUTION OF Tyr'.!, ABOVE, A Sti LSSLaITIT "rest pert of Lots 21 and 22 I':orri.s Park Addition, more Particularly described as follows: Beg at the S W cor Lot 21 I<'orris Park Addit ion, thence east alone the south line of sF i.d lot Twenty-one 50.7 ft., thence north at right enples to the said south .-' ine of lot Twenty-one 7612 ft., to the north line of lot Twenty-two same add. thence west along the north line of said lot Twenty-tmo 80 ft., to the F. W. corner of said lot , thence southeasterly along the westerly line of. lots 22 and 21, 82.06 ft to the place of beginning. C. W. & J. Alspeuph 234.49 East pert of lots 21 ane 22 Morris Park Addition, more particularly described as follows: Beg at a point on the south line of Lot 21 Yorris Park Ads it ion, 50.7 ft east of the S T c or of said lot, ti en ce north at ri pht e nples to the south line of said. lot 21, 76.2 ft to the north line of lot ?2 same addi `ion, thence east 40 ft to the ? E corner of said lot 22, thence southeasterly along the easterly line of lots 22 and 21, 82.06 ft to the southeast corner of said. lot 21, thence crest along the south line of said lot 21, 69.3 ft to the place of beginning. C. W. &:, J. Alspa.ufh 199.76 IP Principal , . . 434.25 Interest 65.10 Tota l 499.35 Respectfully submitted, 0 r1 • :1 FT. C. :,"re T, City Civil Engineer. • This being +he date set, continued le^rinp was hqF on Conjemnstion resolution ! ■ No.2435 for the con.remnation of California "venue from ChicaFo, Indiana anO Illinois Rai lr ce d ri pht-of-way to i lber Street. In the above nPn ed condemne-ion resolution , upon petition of representatives of said Chicago, Indiana .end. Illinois Railroad Company, the Bonrd decides to continue :! heari np unt i 1 Tuesday, June 6t h. , 1033, at 10-30 r r: . The matter of e claim. of William D. Headdy for cemapes to his car in the sum of 016.84 due to defect in street at the east end of the Jefferson Street bridge, was held up on re comme nd ati on of Casmier Bolka of the Street depc rtment rho claims there was no nerlepence on the part of the city as tr is perticula.r defect in the pavement had been filled by the Street Department a. short time before the accddent was supposed to have ' a ened . The fo llo?�' 0 ' 7 Attorney, pp ink communication from � , Walter L. Clements with reference to this clai.mFwas ordeined filed for future reference in the matter of like claims: 1':1av 8th . , 1933 Board of Public Works, City Nall, South Bend, Inc' i ana . j i Gentlemen: u I have before me the effidevit Filed by Alli^m 7. F+eaddy for canppes to his automobile tires on April 6th.1 1933, on Jefferson rouleverd. The claiment, as I live started before in another case, had a right to drive on the public streets without injury to his automobi]e on account of defects in the street end the City would be liable for ushc defects provided such defects were there for a length of time that the city shoul& have taken constructive notice of such defectl Tuesday, ?ray 16th. , 1933 • • • • U 0 or had ectual notice of such defects and pxoviCed further that the claimant was not himself guilty of contributory nep-liFence. On t'-.ese tT,ro points the affiant .states specifically that the accident was not on account of any negligence or unlawful operation of the automobile on his r)art. In rer•^rd to the nrture of the defect in the street, I would suggest that this be determined through t?i_e Street Department a's this department is the most avail- -able means through i�Thich such mw.zT be determined by any one of us. If you find that the defect comes within the above classificrtion ^s to notice and the accident occurred without any contributory negligence on the part of the claiment, then T should say that his claim is just and the court would fine for the plrintiff, therefor his claim roulr be proporly allaxred. Yours ver7T trul..y, alter I C 7 ements, City Attorney. The Bo^ rd ,app roved c laims f or vari ous d epartments i n th e sum of 39 1385. 71 as foll(xTs: Eprry I— Ullery for Street Depr-rtment 25.44 South rend Foundry for Street Dept. 42.00 Grumme11 Supp1T% Co.for Street Dept. 57.50 Inri.anp T:_ich ==lectric Co. 146.72 Inci.ana c'., I; ich hlectric Co. St. Lip'rting 8,922.45 City W!mter_ darks 189.60 T,,reetinF adjourned at 12 otclock noon.