Loading...
HomeMy WebLinkAbout07/03/1923 Board of Public Works MinutesMHz 3Td V, 1923. Board met i� -reg-xl i ,session at 9:00 A.M. All members present. Mr. Chas. Cole appeared before -the Board and presented the following partial estimates on various improvements which were approved -by the Engineer anf Board as follows:- Partial.estimate No. l for the grade, curb and walk on North Shore Terrace allowed to Highways Improvement Co. at..............$15,045.00 Partial estimate No. 1 for the grade, curb and walk on Parker and Allen Addition allowed to Highways Improvement Co. at.........31,610.00 s Partial estimate No. l for the grade, curb and walk on woodlawn Add. allowed -to Highways Improvement Co. at........................069729.00 Report from the Industrial Board'of Indiana relative to City Hall boilers, same read and referred to Chas. Johnson, City Hall Janitor. Bids were received as follows for Zinc etchings of plats for the City Zonning Board. Bid of Indiana Engraving Co. ...............$45.00 Bid of South Bend Engraving Co. 36.00 Awarded to South Bend Engraving Company at above bid. The following resolutions were adopted: LOCAL SEWER IMPROVEMENT RESOLUTION NO. 1232. Resived by the Board of Public works of the City of South Bend, County of St. Joseph, State of Indiana, That the construction of a local sewer, intended and adapted for local use by the property holders whose property abuts thereon and not intended or adapted for receivng sewerage from collateral drains be and the same is - hereby ordered in and along The alley east of Miami Street from Ewing Avenue to Altgeldt Street and Altgeldt Street from the alley east, of Miami Street to a point 30 feet west of the west line of Marine Street as follows, to -wit: - Beginning at the intersection of the center line of Ewing Avenue and the alley east of Miami Street; thence south along the center line of said alley east of Miami Street to the center line of Altgeldt Street with a 10 inch vitrified pipe sewer; thence east along the center of Altgeldt Street to a point 30 feet west of -the west line of Marine Street with a 10 inch vitrified pipe sewer, together with the necessary manholes, storm water inlets, conduits and house connections to the curb line along the line of said improvement, all as -is more parti- cularly shown and all in accordance with the,plans, profiles, detail drawings and . specifications on file in the office of the Department.of Public Works of the City of Souh Bend, Indiana. 4 We s8agq�, wlzh all its Oh:+ij be constructed in accordance with t1I8.pro11116 and 89ee12Q&t104* 10W on dle 4-a &@awe@ of the j)epartmeAt of public Works of said City. The cost of said improvement alkali IS e psrtfanod t3nft rind psfd by tlm pra;)arty holders whose property abuts thereon, and upon t14e City at 'sm mod 4t m@ city i@ boredited by Said Imurovement, all according to the method and manner provided -far l4 . G th@ t@r@i AdgOihHlt+ ®f the >3tst® ai Indiana, entitled "Ar} Act Coneernirg Municipal CorporatiOnu,", , aiapi=@�@d hiar@1i !#, t99.1;, Efts anrants, ii deferred, are-xo be paid `.n ton aqual annual :astalimentS, with fa- ht the i'ati@ ofi;i p@r 8dnt p®f aitniittr. A boad or bonds shall be issued to the contractor in payment for iy@ii, qbg th@ Q:i p@rty ®wa@re puy ®aid asses: cents before said bond ar bonds are issued. ifnder wo i* ib@tai38@!i gbgii tho 9tty Ot daiatl dead be or be a13 responsible for any sum or sums due from said proo- d 11@r ®f ®iN5@F8 afar @@fd i►®Pie. ®r i'or the ollectioa of same. or for the payment of an? WHO. or HO. @gt@ gP dgi'41 t@!, i®@@@d t® Said contras*.or in payment fe- such work. except for such moneys as abIL11 ayli ilS autuaily Y@o@iy@d by tlio City from the asses .n.3ent$ for such improvement, or such moneys ae sli4 Pity Is by Said 9b®r9 entitled Act required to pay. All nroceedings had. and work done in the making of said ti3i Pli lilehts aSS@"tg@!t of roil@rty, collection of asE- smenta and issuance of bonds therefor, shall be se iylb for is @ail abo" 4fititled Aet. iths of *16 I 01t,tan shall be published on the --------------------- day of.. ..... ......... u u csae;aousaaaaa 41............ .__.__�...................... 29_.. i t.1 tt,13j �d.Daliy Tribuus. This lx :. ewldll gbli 16 v tt[c `w n A#Ai tR i'afft" M ft a!!!at ba the City s t -day ot...._.. _._........... .._ ....,..... s� Aftwd ab ......du o ...................Buly 1923 • ........ �5....,.... L. B. SLAUGHTER BOARD OF PUBLIC WORKS. L. P. HARDY ALBERT F. HONER Attest: - Veronica C. Sweeney Ulark of the Board. 388 LOCAL SEWER-IMPROVr,]MENT RESOLUTION NO. 1233 Resolved by the Board of Public Works of the.City of South Bend, County of St. Joseph, State of Indiana, That the construction of a local sewer, intended and adapted only for local use by the proerty-holders whose property abuts thereon, and not intended or adapted -for receiving sewerage from collateri drains , be and the same is here by ordered in and along North Shore Drive from Iroquois Street to Parkovash'Avenue, Marquette Avenue from Iroquois Street to Parkovash Avenue and PgrkoysVYi.,#Ye4Ve from Irogois Street to Marquette Avenue as follows, topwit:- Beginning at- the intersection of the center line of Iroquois Street and North Shore,Drive, thence westerly along -North Shore Drive 440 feet with a 1� inch vitrified pipe, lrhence still testerly along North Shore Drive to the center of Parkovash Avenue with a 12 inch vitrified pipe. Also, Beginning at the, intersection of the center of Iroquoian Street and Marvqustt Avene thence westerly along Marquette ' A��enuf; ' to ` tie ceni.er line of Parkovash Avenue wl with a 12 inch vitrified pipe swwer. Also Beginning at the intersection of the center line of Iroquois Street and Parkovash Ave me;.thence westerly along Parkovash Avenue to Marquette Avenue with a 12 inch vitrified pipe sewer. To gether with the necessary ma nholes, storm water inlets, conduits and house con- nections to the curb line along the line.of said improvement, all as is more particularly shown and all in accordance with the plans, profiles, detaif draw- ings and specifications on,'file' '1*ii' fib 'Oftice of the Department of Public )Works of the City of South Bend, Indiana. $list Raid surer, with alf its appurterencea shall be. constructed is accordaum. with ,the pfnfile paid 10401WAV44 toy► oA 1114 SS -tile office of the Department of Public Wur'aa of said City. Thf cost 'Of vald tm#covVuwgat 0.tt�� bs apportioned against and paid Uy the property holders whose property abuts therhon, .and itpOn the fifty fit oft Rand It the} City is Senefited by said improvement, all according to the method and Monner proVJdad lof 914A of the Qenerat Assembly of the state of Indiana, entitled "Au Act ContLOMIRg Maniofpal. 47otp0V§tI0T%" approved: Marab A, 2818. Assessments, if deferred. are to be paid.:u tan agUM 9aav$1 ,nstalimeats: With in Jusit at the rate of Six per teat per annum.' A bond or bonds shall be issued to tba gontretotor in pkyttiont Ne a eek Work; unless the p: operty owners pay said assess _::ents bef-ure said bond ;)r bonds are issued. tt4411i au Vircumetsam shall the City of south Bend be or be .eld reaponsibje !or any sum. or Sums. due trot" %did prop`! artz owner or owners for sefd work. or for the ollection of same. or tor the payment nt any bond {)r Utwi1". dartifeate or- certificates. issued to said contractor in oA—nent fr- such work eXcept for bueb t10YidYJ4 ,tN N9iall Dais been aotuslly received by the City f om the ass- ­-enty for such iulproveTnent, or su-b rniomoyS %# AN Ofty Is by said above entitled Act required to pay. h&, and work done in '.he inaklov of gfti 1 Improvement. assessment of ronerty, collections of as: and isaaNnes of bonds therefor, vi,u.ti 1w ,iR provided for In said above entitled Act. deice of is resolution shall be gu>�lish. Ath �± ......................�.... ._.:.„,,.:.day at --- ••----------------------------- 39 0_ t o SUu rros . TsTm s. This 33 i .. w ire.at u d this resolution at its amce to the! City Hall oa the• -____ .....................day of ..... _........ .... ...... ... ...,. ......., at 'FlIs it. IL .Aduptid tlite.r._...y S4 >........:stay .oi►_-----, .-._.:._ .July..1923. L. B. SLAUGHTER BOARD OF PUBLICWORKS L. P. RARDY ALBERT F. HONER Attest:. Veronica C. Sweeney Clerk of the Board. COPY OF CONDEMNATION RESOLUTION NO. 77,1923. Resolved by the Board of Public Works of the Cijsyof South Bend, Indiana: That the following described property be apporpirated for the use of said City: - To open an alley lying south of•lot 3 in Noland's Addition - as follows, towit:- Beginning at the southeast corner of lot 3 in Noland's Addition; thence south 12 feet; thence west 28,29 feet to east line of a 12 foot alley; thence 12 feet; thence east to the place of beginning. The following described property may be, injuriously or benefically affected by uch appropriation: - Beginning at the intersection of the east line of Webster Street and Prairie Avenue; thenCe north along the east line of Webster Street tothe alley north of Noland's Addition ;thence east along the said alley to the west line ofArnold Street; thenCe south along the west line 8 of Arnold Street and said west line extended to Prairie Avenue, thence south westerly along Prairie Avenue to the place of beginning. The purpose of such appropriation is opening of an alley lying south of lob, 3 in noland's Addition. Notice of this resolution shall be published on the 16th. day of July 1923 and on the 23rd. day of July 1923 in the South Bend Daily Tribune and News Times. This Board at its office in the City Hall on the 8th. day of August 1923 at 7:15 P.M. will hear and receive remonstrances from all persons in terested'in or affected by these proceedings. 3�J Adopted this 3rd..day of July 1923. L. B. SLAUGHTER BOARD OF PUBLIC WORKS. L. P. HARDY ALBnRT P. HONER Attested:- Veronica C. Sweeney Clerk of the Board. Petition received and resolution ordered foronerote,pavement with one inch curb on a 14 foot; alley known as Riley Place. a Petition received for light. at 1st,. alley east of Bo. St. Joseph Street and Riley Place. Same referred to the Pole and Wire inspector,. _ Inspector recommended that a bled. light ire ordered se t-at the center of Osborne Court a.nd Cuter out the limbs and shrubs so -the light will shine bosh directions. Same approved. Contracts for bids on improvements received Friday June 29th., 1923 were awarded as follows: - For grade, curb -and walk on North Share Drive from Parkovash Avenue to Marquette Avenue and West side of Irquois Street in North Shore Terrace 1st. Addition was awarded to Highways Improvement Company at ............ $23,789.80 For grade, curb and walk on Magnolia Avenue, Kosciuszko Street, Pulaski Street from Indiana Avenue to N. J. I. '& I. Ry. Co. awarded io Highways Materials Company at.0000909034$7.70 Grade, curb and valk'on Oswald Court from Walnut Street to Magnolia Street awarded to Highways Materials Company at......$837.76 Sewer on Ford Street from Olive Street to Meade St eet awarded to George Pontarelli at ........... $1,976 .20 Sub -Trunk sewer on Meade Street from Huron Street to Sample Street faen and on Ford Street from Meade Street to Kaley Street to George Pontarelli at........$121139.00- - Sewer on Wayne Street from Notre Dame Avenue to Francis Street awarded to Hoban & Roach at .......... J723.00 Sewer on Magnolia Street from Indiana Avenue to Prairie Avenue awarded to I. W. Staples at ............ $49241.95 t Sewer on Dayton Street from Caroline Street from Caroline Street to 409 feet east of Center 'of Caroline Street awarded to Gerald McGillicuddy at Sewer on Webster Street from Indiana Avenue to Prairie Avenue awarded to Gerald McGillicuddy at...........J1,915.00 Communication received from Hubbard, Farabaugh & Pettingill attorneys of the Union $rust Company in regard to damages due Joseph andFannie Saelhogf for the Widening of Fellows SSreat. Same read and placed on file. Petition filed June 26th., 1923 for grade, curb and walk on Greenlawn Avenue from Jefferson Blvd. to McKinleyAve. Board approved petition and.ardered resolution subject to all intersections being approved at the expense of abutting property owners. - 390, Concerning the improvement of the -roadway of Brookfield Street from Lincoln Way West.to Vassar Avenue wish asphalt, asphaltic concrete, bitullthic, concrete or brick,•in pursuance to resolution no. 1189 this beng the date set for the making o:.1' the preliminary order designating the kind of pavement, the Board at 10:00 A.M. Friday June 29th., 1923 pu.bli_cly opened read and cossddered all bids and than continued their meeting to. Tuesday -July 3rd., 1923 at 10:00'A.M. Now on last named date the Board designated Sheet-a-s-phal-t• - using Mexican aspha,.t.a_s the kind of pavement with which said street is to be improved and fies the 14th. day of July 1923 at 10:00 A.M. as the time when petitions for changing the kind of pavement must be filed, and the Board herep continues this matter until the 1.8th. day of July 1923 at 10:00 A.M. On the day above named the Board will `either pass on petitions let said entract or reject all bids. L. B. SLAUGH 'ER BOARD OF PUBLIC WORKS. L. P. HARDY ALBERT F. HHER ZAttest:- Veronica C. Sweeney Clerk of the Board. Dated this 3rd. day..of July 1923. Concerning the improvement of the roadway of Marietta Sire& from Indiana -Avenue to Broadway with asphalt, asphaltic concrete, bitulithic concrete or brick, in pursuance to Resolution No. 1174 this being the date set for the making of the preliminary order designating the kind of pavement, the Board at 10:00•A4M4— Friday June 29th., 1923 publicly opened read and considered all bidsand then continued their meeting to Tuesday July 3rd., 1923 at 9:00 A.M. Now on last named date the Board desi gnamed Brick with concrete base as the kind of pavement with which said' s�LreW i. as be time improve with and fikes the 14th. tray of July 1923 at 10:00 when petitions for changing the kind of pavement must be filed and the Board continues this matter until the 181h. day of July 1923 at 10:00 A.M. on the day above named the Board will eitherpass on petitions let said contract or reject �;11 bids. L. B. SLAUGHTER BOARD OF PUBLIC WORKS. L. P. HARDY ALBERT F. HONER Attested: - Veronica C. Sweeney , Clerk of the Board. " " ' Dated this 3rd. day 6 July �1_13-V The City Engineer subiriLtdd trhelist of property owners in the np tter of hhe Ypcat_ioti : Resolution:. No 72-- for. -the _Vacation 'of :.thy followz ing= The Alkey running north and south between lots 6 and 7 in Raff6 First Addition to the City of South Bend, on the East, and lots 5 and 8 Raffb First Addition to the City of South Bend, on the west. 2. The first alley north of Leon Court, beginning at the east line of Kendall Street and extending to the first alley running south from said alley to be vacated. 3• The alley running north and south between Kendall Street on the East and Chapin Street and Prairie Avenue on the west, beginning at a point 36 feet norla of the north line -Of the east and west alley between Leon Court and Stull Street acid extndingnorth•to where said -alley connects with Kendall Street. 4. The alley running north and south between Chapin Street on the East and Catalpa Avenue and Prairie Avenue on the west, beginning at & point 36 feet north of the north line of the�east and west alley which lies between Leon Court and Stull Street and extending north to a point where said alley intersects Chapin Street. 39I Tuesday JukY 3rd., 1923. Continued. . 5. Leon Court from the east line of Kendall Street wastward to the first north and south alley. 6. Kendall Street frm a point 36 feet north of the north line of the east and west alley lying between Leon Caubt and Stull Street to the north end of Kendall Street. 7. Chapin Street from a point 36 feet north of the north line of the east and west alley lying between Leon Court and Stull,Street north to Prairie Avenue. 3. Catalpa Avenue from a point 36 feet north of the north lineof the east and west alley lying between Leon Court and Stull Street north to Prairie Avenue. 9. The alley north of lot No. 1 Oliver's First Addition, extending from Prairie Avenue to Kendall Street. M 10. Stull Street from the east line of Catalpa Avenue to the east line Hof Kendall Street. 11. Garst Street from the east line of Chapin Street to the west line of KeddalL Stree-t.,, All in the City of South Bend, Indiana. The Board has ordered that notices of such awards of dmmages and asess-- ments of benefits be served by -the police department according to law, and that a hearing be given on the same on the 31st. day of October 1923 at 7:15 P.Q.I. at the office of the Board in the City Hall for the purpose of hearing a receiving objections of any person or.persus interested in said matter. The fliowing-warranty deed was presented by Attorney. Dan. Pyle and was approved and Clerk instructed to have same recorded. WARRANT DEED , This Indenture Witnesseth that Edwin L. Perkins and Cora A. Perkins his wife, of St. Joseph County , State of Indiana. CONVEY AND WARRANT To The Municipal City 6 South Bend, of St. - Joseph County in the State of Indiana, its usecessors and assign's for the sum of One Dollar ('$1.00) and other valuable consideration the following real estate in St. Joseph County in the State of Indiana, to -wit: - Beginning at the point of intersection of the South line of Prairie Avenue in the City of South Bend, with the west line of the West half of the East half of the West half of the Soutehwest quarter (1) of Sec7tion No. Four -been (14) . Township No. thirty-seven (37) north,- Range No. Two f 2)` East; thnce running Northeasterly along the Southerly line of Prairie Avenue, a distance of thirty-three and eighty one-hundret (33.81) feet; thence South one hundred eighteen (118) feet to the North line of pro- posed Calvert Street; thence wes. thirty (30) feet to a point due south of the place of beginning; thence North to.the place of beginning. Also, Beginning at the point of intersection of the South line of Prairie Avenue in .said City with the East line of the West half of the East half: of the West half of the South Vilest Quarter (-4) of said -Section No. Furteen (14); thence V1.in- ning southwesterly along the south line of Prairia Avenue thirty three and for tenths (33.4) feet; thence south two hundred fifty five (255) feet to the north line of propose Calvert Street; thence East thirty (30) feet to a point doe south of the place of beginning; thence North to the place of beginning. To be used as and for the purposes of public highways. and Covenant for themselves , their heirs and personal representatives that they are lawfully seized of the premises, have good right to_convey_the same and guarantee the quiet possession thereof, that the same are free from all incumbrances and that they will warrant and defend the title t the same against all lawful claim IN WITNESS WHEREOF, the said grantgrantoo above named have hereunto set their hands and seals this 18th. day of June A. VK923. EDWIN L. PERKINS Cora A. Perkins. STATE OF INDIANA, ST. JOBEPH COUNTY, SS W- Before me, the undersigned, a , Aitary Public in and for •said County came Edwin L. Perkins and Cora A. Perkins hM wife, and acknowl Kthe above de deed. Witness my hand and Notarial Seal this 18th. day of June 1196! . CLAREN E. PERKIN- M Commission expires November 2 1924. y y p �, o _ r Public. APPROVEp JULY 1923 . = BOARD OF PUBLIC ARKS - --- de BY L. B. SLAUGHTER, Presi 392, Resolution ordered for grade, curb and walk on Swygart Avenue from Prairie Avenue to Ewing Avenue and it was agreed that all intersections wind extensions be assessed to abutting property owners. Resolved ordered for grade, curb and walk on Catalpa Avenue from.Calvert Street to Bruce Street. Resolution ordered for grade, -cur and walk on Bruce Street from Kemble Avenue to Chapin Street. Plat of Jefferson Park Addition to the City of South Bend, Ind approved June 7th., 1923 by the City Planning Commission was approved this 3rd. day of July, 1923 with the following dedication. JEFFERSON PARK. The annexed plat is a plat of Jefferson Park, an addition to the City of South Bend, St. Joseph County, Indiana, which covers th& follow- ing described tract; Cmmencing at a point one hundred sixty-six and three th"hs (166.3) feat East, of the quarter section corner on Vhe North side of Section Seven (7) Township Thirty seven (7) North Range Three (3) Last, in the center of McKinley Avenue; thence East one thousand One hundred fifty seven and three tenths (19157.3) feet to the center line of Greenlawn Avenue; thence south following the center line of Greenlawn Avenue one Thousand fifty -three and fiv five tnnths (1053.5) feet; thence Test four hundred fifty-seven and sixty five hundreths (457.65) feet; ,to the Northwest corner of the tract of land heretofore sold .to Clement Studebaker Jr., thence continuing South with the west line of said Clement Studebaker Jr., tract One thousand one hundred thirty one and twenty seven hundreths (1131.27) feet to the north line of Jefferson Bouflevard; thence westerly along said north line of Jefferson Boulevard a distance of Sixty --seven and ninety- three hundredths (67,93) feet; thence North eight hundred thirty -three and sixty -five hundreths (833.65) feet.to the Soul► South line of East Washington Avenue extended Fast; thence west, four hundred forty-four and sixty -two hundredths (444.62) feet; thence South two hundred ninety-one'and thirty-nine hundreths (291.39) feet; thence north eightypfour degrees and twenty -six (84: 26' ) Minutes west, a distance of two hundred twelve and seven hundred (212.07) feet; thence North three hundred eleven and -seventy-three hundreths.(311.73) feet to center line of Washington Avenue extended East; thence East twenty-two and four tenths (22.4) feet; thence north one kwtdrat thousand two hundred ninety- two and seventy -five hundreths _ 11292.75) feet to the place -of beginning. The plat contains one hundred and nine (109) lots numbered from One (1) to One hundred and nine•(109), both inclusive. Lots numbered from one (1) to niety -three (93), both inclusive, are owned by the Stormeeltz Loveley Company, and lots numbered from Ninety-four (94) to One Hundred and nine (109)9 both inclusive, are owned by Frank J. Anderson, both of whdm join in the dedication of this plat. The siz of the lots and the width of streets and alleys are marked on the plat in feet and fractions thereof. The streets and alleys are hereby dedicated to the public for the use of the .public as thoroughf�res. J BUILDING RESTRICTIONS. Be it known that all persons; natural or artifical, who shall hereafter acquire any interest in any lot in said addition, shall be taka taken and held to agree with the grantors, and with the owners of any and all of the other lots in said addition, 'to 'conform to al6serve the following covenants, restrictions and. stipulations at least until January 1,19509 at whih which time all or any of such restrictions may be revoked or repealed only by ` the written consent duly recorded of the owners of a majority of the frontage a on that part of any par jicular street affected that lies within the limits of this plat. Each and al re b9trictions herein set forth shall run with the land and bind the present owner, their successors, assigns, heirs, executors ark and administrators, and all persons claiming Vy, through or under ahem, shall ba taken to hold, agree and covenant, with the owner or owners of said lots, that their successors, assigns, heirs, executors and administrators, and each of thm then,,to comply with and observe said restrictions as to the use of said lots and the construction of the improvements thereon, but no restriction herein set forth shall be personally -binding on any person excepting in respect to breaches committed during the ownership 6 such lot or lots. Tuesday AV 3rd., 1923. Continued., The owner of any lot, in said addition shall. have a right of action to enforce the provisdons of these restrictions or prevent their violation and the failure to enforce any or all of the restriCtions herein set forth shall in no .vent be deemed a waiver of the right to do so thereafter. No bu iding shal b built, closer than Sev4 f e� feet to the street line on Washington ae`" Colfax Avenues, and not closer than'fifty (50') feet to the street line on the oSZth side of.La Salle ,Avenue, and not closer,than Twenty --five (2V) feet to the street line on the North Side of La Salle Avenue and South side of McKinley Avenue. No 'buildings except a garage shall be built on Washington Avenue which shall cost less than fifteen thousand ($15,000.00) Dollars; no buildin escept a garage shall be built on Colfax Avenue which shall cost, less than Eight Tgousand ($8,000.00)'Dllars; no building except a arage shall be built on La Salle Avenue which -shall cost less than Six thousand Mtoo0,00) Dollars; and no building except a gara ge shall be built on McKinley Avenue which shall cost less than Five thousand ($5,000.00)-Dollars. No ba.y$ bow, oriel, or other projections at windows and stairway landings shall project beyond the front, building line more than five (5) feet. No unenclosed or enclosed, uncovered or covered -porches and balonies, porte cocheres and terraces shall project beyond the front building line more than fifteen (15) feet. No.building or parts thereof shall be built closer than six (6) feet to the side lot lines with the exception that the eaves of any buildihg_may project over said six (6) foot restrictions line not to exceed Eighteen (18) inches; provided however, that if the grantee shall.purchase more than one adjoining lot, he.may con- struct a dwelling house thereon in such place that it, shall not be closer than Six (6) feet to eigh&r side of the property as purchased; but if said building shall be located closer than Six (6) feet to the side line of any lot as,actually purchased then he My not thereafter sell off any part, of the property so purchased but shall sell the same as a whole so as to preserve the light,, air and convenience of the adjoining property owners, and the purchase of more than one adjoining lot is•a part of the casideration for this provision. No garage or other outhuilding shall -be constructed with its entire -foundation forward more than ten (10) feet.from the rear line of the vvner's- lot unless the same shall be constructed in connections with end as a part of the house. No lot in said addition shall be improved, used or occupied for other than private residential purposes, and no flat or apartment, though intended for residential purposes, may be erected thereon. Not more than one building for residential purxposes shall be erected on any lot, and each residence so erected shall be designed for occupant' by a single family, and shall front on the street on which the lot fronts. No business buildings or public garage shall be erected or occupied on any lot in said addition. No person other than a member of the Caucasian race may acquire hold, lease or occupy any dwelling house on any lot in said addition. Provided, howeve. that this shill nb exclude the housing of domestic held and chauffeurs on the owner's Dwelling house while the same is being deeupied.. IN WITNESS WHEREOF, the said Frank J. Anderson has hereunto set his hand and seal and the said The Stormfeltz-Lo eley Company has caused its corporate name to be hereunto subscribed by the hand of its president, Harry A.p. Stormfeltz and its corporate seal to be affixed And attached by its Assistant Secretary on the 26th. day of June , 1923. STATE OF MICHIGAN COUNTY OF WAYNE SS: HARRY A. STORMFELTZ President. ATTEST: JOHN M. DENI E Assistant Secretary, FRANK Jp ANDERSON ELIZABETH F. ANDERSON. Before me, the undersigned.a Notary Public in and dor said County and Stake, personally appeared Harry A. Stormfeltz the President and acknowledge that he signed the foregoing instrument as such officer and on behalf'of said Corporati as the free and voluntary act of said Corporate, and also came John M. Denne Assistant Secretary of said Stormfeltz--Loveley Company and acknowledged that he affixed the Corporate Seal of said Corporation to the foregoing instrument end attached the same with his signature as the voluntary act of said Corporation, forthe use and purpose therein expressed. IN WITNESS, whereof, I have hereunto set sty hand and affixed my notarial Seal on this 26hh. day of June, 1023. My Commis --,in expires Feb. % 192%. l CATHERINE B. RAYMO Notary Public 94 Tuesdav Jule 3rd.. 1923. continued. STATE OF INDIANA ) ST. JOSEPH COUNTY ).SS Before me, the undersigned, a Notary Public in and for said County.and State, personally appeared Frank J. Anderson, and Elizabeh F. Anderson -his wife who acknowledged the execution of the above and foregoing Instrument. - IN WITNESS, Whereof, I have hereunto set my hand and affix: my Notarial Seal on this 30i;h. day of June 1923, HARRY g. SCHOCK my Commission expires July 13th „ 1925, Notary Public. APPROVED JULY 3,1923. BOARD OF PUBLIC WORKS BY L. B. SLAUGH TER President. Plat of Belmont Addition approved by the City Planning Board May 17th., 1923 was approved this 3rd. day of July 1923. with the following dedication: - BELMONT ADDITION. The annexed plat of Belmont Addition to the, City of South Bend, St. Joseph County, Indiana, is a plat of the following described property. The Southeast one -quarter of the Northeast one -quarter of Seca a Twp. 37, N. R. 3 E. except fifteen acres off the West part and except one (1) acre, ten (10) rods East and West by sixteen (16) rods, North and South out of the. Southeast earner. { The plat contains one hundred fifteen (115) lots numbered from 1 to li5 inclusive. The size of the lots and widths of streets and alleys are marked on plat in feet.and decimals thereof. The streets and alleys are hereB y dedicated to the public for the use of the public as public highways. BUILDING RESTRICTIONS. Be it known that no dwelling, shall at any time be placed th:reon with less than four rooms, shingle roofing, drop siding, plastered and painted, or of brick, cement or stone. All buildings shall be placed twenty-five (25) ft. back from the frnt line of the lot aid n© sod, earth, sand, gravel or trees shall be removed therefrom without the written onsent of the seller. - This lot is sold on the express eoenant that it shall never be occupied by a colored person , nor for the purpose of doing a liquor business or any immoral use. In the exent of the violation of any of these provisions, the seller shall have the right to exercise the options herein - before provided for cancelling this contract. Be it Further known that no building, except garage in rear.of lot shall be built closer than five (5) feet tothe side of•lot lines. Be 'it further known that when two or more lots are used as onj then only will the side lot line restritions not reapply. N. P. DODGE LAURA W. DODGE STATE OF NEBRASKA ) COUNTY OF DOUNLASS ) SS Pers°nally appeared before me a Notary Public in and for said County and State N. P. Dodge and Laura W. Dodge and acknowledged the execution of the foregoing plat. Witness my hand and Notarial seal this loth, day of April 1923. R. L. HARRIMAN Miy Commission expires Jan. 26,1928. Notary Public 1923 Continued. This being the date deferred for the §arbage bids for the disposal of garbage in this City. No action taken. Tip follii 'sr Col: dl ,-6 62 rjrl.�.,rac ,_ were approved by the Board. ins -� T by �fl��d�'`i> P� mil.. t ! f ♦#�+1. 614 tWt Alex'Bukowski of St. Joseph Indiana ��w,�i►t^s�a►•�.*sstr,..*#s.. gta'Eie t?f..•rr#ae.�as�* list#ir•yr#•s'i��rfrisiF1'+#�gt ajasf'twi marred to as the Contractvr'.s mp of . Joseph, and State of Txtdiana 17 va; tbrovA jt# B*j&rd of, ftbliti (bnsixatter referred to as the fit r xa elC 1 rt � t+� of ice � 'r� Assembly of the M State of Indiana, entltle$ s y 0 �ti " ��► Ica" as,: approved Leh S, 1905, and .alb, � Witnesseth, that the contractor covenants and agrees to construct curb along Sample Street division Street, Iiuron Street, Ford Street, Dunham Street, Sample Street from alley east of Camden Atreet to alley West of Dundee Street, also Dundee and Camden Streat.from Division Street to Sample Street, in the City of South Bend, Indiana at. and for the following prices: llj576 iin ft. of curbing per. lin ft. 6" x7" x 16"..,..3,40 and to perform all work in the rosecutiOn of said inzW-ovement under and according to the terns and am- ditions of 1mprovemeet Resolution faro_-� gdqpted by the Board of Public Works„,..7.1in ?1. , 1923. Arid the��,,,pplans, profile and specifications on file 1n the office of the Department of Public Works. wbt'ch sa$ resoluffon, plans, profile and specifications are made a part hereof as fully and effectually as if copied and set out herein at full length. The contractor further expressly covenants and agrees that in the pprosecution of said work all proper skill arid care i!l be exercised: th the -I "a pope-'. �•-.d F-o+nct aT1 excavations and dangerous plats, and „;?1 use a?! due' and proper preca-tion tc pr --1•t jr!ll.�'�' '- , :nv person or pro^.r tv: that il1 the event oJ any injury or dama_ee resulting from the w or'- or resat+=gig front a41,v * ?tter or thing connected therewith or arising therefrom, to any person or property, he =ll ^w a.• ?i­mare tt,e s �, a at his own expense, and as- sume the liability therefor; and in the event of any- claim or clvi;- being made or any action or actions Beira brought against the city by reason or on account of or growing ou* of �`d Z Apr_- or its construction, the said contractor will at his own expense defend the same, and will pay any judgment recovered therein. and will in all respects fully indemnify and save harmless said city, its offCcers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action or actions. And f within ten days after any such action is begun, the city shall notify the contractor of tom., pen' ;_cv thereof, b•=n any judgment rendered against the city shall be conclusive against t'.:e contractor andaainst the sureb an bk gonstractiou bond, as to th- amount, liability and other matters pert .i g ih�re�o, And tho contractor agrees to maintain said improvement and make such repairs as way be necesagr� €ot the Po4od end In the manner.as fixed by the -specifications, and to secure the tw—tintensnce and repair thereof to file with the Board of Public Works a bond with sufficient surety thereon andin an atdaunt as famed by the Apor-if cationa, . And in doing such repair work the contractor and the surety on his Kilarsntee bond sl 4 he afi jact to the same liability to the city and any other person for any injury or damage to any person or prep= Orty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the ian= Oti'hetion work, ,And it is further agreed by and between said parts_s that the acceptance of the work provided for In this contract, or the paymenttut thereof, shall not constitute a waiver on the part of the city of any of the pfov s= 101111 of this contract, nor shall, it release said contractor or the sureties on big bond for the faithful petifortit= Once thereof; nor shall the acceptance be prima face evidence of the performance of awl prdvlsidn of this oontract, except to the extent of entitling the contractor to the contract price therefor, The eonti"actor agrees to pay for all labor and materials used or furnished to be used In the maltliig of 8106 improvemcnt and in .the performance of this contract, whether done or furnished for him, 'Or kit agont; AnjKlitV, successor or subcontractor; and the city may reserve out of any allowance trade on atty estimate 3n fayar of the contractor or 11- = assigns, or out of the amount due him or his assips .upon the eoloplatiosi of the work, so much as ma}-cessary to pay all laborers or materiai then for amounts due; them for work dine or materials Used or furnished to be used in the performance of this contract and the' "ng.of Said work, and the county treasurer, acting as -city treasurer, may, retain money colle.:ted from property owners assessed for said improvement. to gay such- debts or until the contractor shows that they have been Maid, i)r, satisfied Tu' ',:sn, ear_:- and um.sed ltaateria2 In the streets or sides therevi .upon the completion of the iniprovem nt or the repairing thereof. The work of leaking such Improvement shall be completed according to the terns of this contract on or before the----- --------------------- ------- -- - ---- ------------ dav of------------- -- r - -- 19----..... -- unless the time for the completion of the sane shall be e7ztended in err ti by the Board of Public Works, And it is agreed that any such excten-ion of time, or anv alteration of this ccntract or of the manner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- ties. _ It is agreed that the contractor shall not assign this (itract. or sub -let the work or any part thereof to be done hereunder, without the written cone •"t of the Board o; Pt-blic Works. It is further agreed and stipulated thzit t )- contractor shall rive to residents of said city and county preference in the employment cf 111 Taber nee ssary !n the n�rtorance f thjpula etract, and failing to do, so, shall forfeit`to'the cit e ssal�ef�r filt�i; io`obhfion, And upon the perf�rhinanceo all"therms and C'ondito s c this con rand things to be done and erforn�ed b said contractor the said cla�e *&.eat-tbtila col- E cl%ttractd`r !n tfie man r fixd.be statuteverning h makln�g o sue vim cove- t en s. T . y _ l 7 ki , To eachfofthe coiiditio-ns and stipulations of this contract; including all and singular the provisions and tern_is of the plans, profile, specifications and resolution aforesaid, tht. under*igned binds himself or itself, and the rmopective successor or assi. s of such- parties. In Testimony Whereof, Wes the foregoing named parties, hereunb set our hands this 29th, day of June 1923. AMEX BUX6*SK3- y CTT OF SOUTH: $END, INDIANA Contractor.` - x SLAUGHTER L. P. HARDY ALBFRT- ..F.'. HONER Its Board of Public Works - CONSTRUC i ION BOND 1 f� j Fy Ve.z � i s .� pre*—'ta. T`hat we-__...__.. I_s-- A.U.2_E"Qz:�.'�:�.::�::—..............................._ §8 lFi�1- l•0 33yr"T-. f 906 __ A Q;R& --- ---_and State of.u..,. ' - ---- .................. @tj@s, ;tre meld and firmly bound to the Citf of South Bend, India y in the Num ___- �a1iaro (429315.00 � - e sat of which, well and truly to be made, we Jointly and seves�aily find deli€@tom admina>ratdcs and assigns, firmly by these presents. ` ho of the obligation are such that if thi .-above name Al ea R„irnm kj__ _- _M_ ..------------- -_.shall faitll:lil y comply with the fere&ag eontraeta made and entered into the �_ - dap o�...................A.,.�2..:t..............i 10.:....o with the City of South Bend. Indiana and shall fulfill air the conditions a,tid Wptllatloii§ thereat► eodtMhed, according to the true intent and mea.i ng thF reof, in all respects, then this oblllatibn to b€ voia, clth, di ise to be ana remain in full force and virtue in law. In the eve.:: the said City shall eit end ttie tithe for the Completion of said workm, such extension shall not in a-ly way release the 6uretled on this bond. This shall be a construction bond, and the sureties on the sae shall not be held -. esponsible tot tie maintenance and. repair of the improvement after it has been accepted by the second pAi ty; but stick siifefies shall be held responsible for the fart'-rui compliance with all other condltiotis, stipulations and requirersients eovereaa by cc set out in the contract. WITNESS our hands and seals this ........... 29t;h............ day at..== UNITED STATUS FIDELITY & GU- CO. .ALEX BUKOWSKI------------------------ _ ...... _.�...fb��L BY G. A • _____(SEAL) 1 - _ AL) The above band approved this �ir4 day cif..:,. July,.. L- B.._._SLALTrIffnI :R , L. P. HARDY ALBERT F. HUVEI� Board of Pubffe Work Public Improvement Contract 1s. Made and entered into this... p — yL-_--_ - ; •• ...:...:, 18...... , 'by and between , South Bend Apartment Building Corp, of Zile ` aunty..... .7a. �� +sue . � Wib1-17t�:.te s + r ��. I �� Y /W►ii, �;f i f f' f 1 lit t s i S ": ifY%�j (hereinafter referred to as the ' Contractor" ), and the City of South Dond3 1# the County of St. Joseph, and -State of Indiana, by and throe its Board of PAU@ Works (hereinafter referred to as the City") , under and by; Virtue of an At of the General Assembly of the State of Indiana, entitled f �An 8t@f �ot= pal Corporations, " approved March 6, 1906, and all ondat®ry 424 acts thereto; . Witnesseth, that the contractor covenants and agrees to construct grade, curia and mlk on California Avenue from Lawndaie Avenue to Sancome Ave., in the City of South Bend, Indiana at and for the foilwng prices:- - 678 lin. ft. of curbing OX 7 X 16 per lin ft.... #**@**o**$e39 3165 sq. ft. of cement walk per sq. ft.....,,............. .17 289 cu. yds. of grading per cu. yd........................ .40 w u to periorrn all work in the prosecution of said improvement under and according t© the terrss, ami can- ,ditions of improvement Resoliftion No. ..... -1.144......... adopted'b_v the'Board of Public Works.....A X1 4-th•1923. and the plans, profile and specifications on file 1-i the offie* of the Department of Public Works, which sa if resolution, M�ans, profile and specifications are made a part hereof as fully and effectually as if copied anti set out herein at full length. " `l ,e contractor further expressly covenants and agrees that in the prosecution of said work all proper skill as d care --ill be exercised; that he %i11 proper".., - °^ 2­. p -ot-ct all excavations and dangerous places, and wilt use all due ard.proper precaution to preventpr2vent in.ju.,-y fo sry person or •Frc.';'rty. ; that in the event t?f, .any injury or damage resulting from the woe:. or rP=-,?i*.i-g fron= a :v muter or thrng cOnr_�ctAd theretivi'%. Or arising therefrom, to any person or property, he ill pay PrA. lict id -ate the same at his own expense, and as- sume the liability there -for; -and in the event of any clairi or claims being made orany action or actions beirg brought against the city, by reason or on account of or grab=ing out of _ id work. or its construction. ,h said contractor` will a,t his own expense defend the same, and v✓iil pay any judgment recovered therein, and will in all respects fully indemnify and save harmless said city, it§ officers, agents or representatives from all cost, expense, payment or judgment recovered in connection with such claim or claims, action: or actions. And 'f within ten days after any such action is begun, the city shall notify the contractor of the. penviency ther of, ilim any judgment rendered against the city shall be conclusive against the contractor and against the surety on his construction bond, as to thv amount, liability and other matters pertaining thereto. P nd the contractor agrees to maintain said improvement and make such repairs as may be necessary the period and in the manner as fixed by the specifications, and to,secure the wainterlauc end r@fair th€Teut to file with the Board of Public Works a bond with sufficient surety thereon and in an aulount as fAx®d by the specifications. And in doing such repair_ work the contractor and the surety on his, guarantee bond shall be subject to the same liability to the city and any other person for any injury or damage to any pers M or prop- erty in the same manner and to the same extent as is fixed in the last preceding paragraph covering the con- struction work. And it is further agreed by and between said parties that the acceptance of the work provided for in dais contract, or the payment thereof, shall not constitute a waiver or. the part of the city of any of the provis- ions of this contract, nor shall it release said contractor cr the sureties on his bond for the faithful perform- ance thereof; nor shall the acceptance be prima facie evitlence of the.perforulance of a.ny_provision of this Contract, except to the extent of entitling the contractor to the contract price therefor; The contractor agrees to pay for all labor and materials used or furnished to be used in the making of such improvement and in the performance of this contract, whether done or furnished for him, or his agent, assignee, successor or subcontractor; and -the city may reserve out of any allowance made on any estimate in favor of the contractor or h;�z assigns, or out of the aniount due him or his assigns upon the completion of the work, so much as ma-cessary to pay all laborers or snaterias seen fcr amounts due them for work done or materials used` -or furnished to be usedin the performance of this contract and the doing of said work, and the county treasurer, acting as city treasurer,.may retain shone;; cvl'se=ted from property owners assessed for said improvement to pay such debts or until the contractor Shows that they have beet, paid or Satisfied =i.. e co;n_a or agrees to remo--zt all rub'oish, earth.. and"unused material in the streets or soles tlrcrcot upon the completion -of the improvement or the repairing thereof. The work of making such improvement shall be completed according to the terrns of this contract on or ----day of .................. _ before the ----....-•-------------r---- :........ _-.------._.__---- ----------- __ ......._..--•---... ...................... 19...... unless 'the time for the completion of the same shall be extended in wrriti~v by. the -Board of Public Works. And it is agreed that any such extension of time. or any alteration of this contractor of the manner or meth- od of doing such work shall in no way affect the duties, obligations or liabilities of the contractor or his sure- ties. It is agreed that the contractor shall not assign this r *ract. or sub -let the work or any part thereof to be done hereunder, without the written cons.�nt of the Board of Pz::blic Works. It is further agreed and stipulated that tie contractor shall give to residents of said city and county preference in the employment of all labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars for each failure to observe this stipulation. And upon the performance of all the terms and conditions of this contract, and things to be done and performed by said contractor the said city agrees to cause the cost of doing .such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such improve- Inents. To each of the conditions and stipulations of this contract, including all and singular the provisions and terias of the plans, profile, specifications and resolution aforesaid, the undersigned binds himself or itself, and the reEpective successor or assigns of such. parties. in Testimony thereof, We, the foregoing named parties, hereunto set our hands this 2nd, day of July 1923. CITY OF SOUTH BEND, INDIANA SOUTH BEND ApARTPQENT BUILDING BY L. B. SLAUGHTER CORP. L. P. HARDY BY FRANK J. JC.A& Treas., ALBERT F. HONER Contractor. Its Board .of Public Works. Tuesday July 3rd., 1923. Continued, CONSTRUCT ION BOND apartment KMOW 0 t1W213 pzemits.. -That eve_ .__ ._ SQ1LQ_3-ei3,d .Bul.IS.133g..C'iA mp - of the Connty Stprince- p4 and The Ae,fslY:d,...Cate.:.:...................»...........» of tine County of-- -------=----- ---- -------- --------•--- ----------------------and State of ......... .....�.... ..m.a��.�,,:.�_.....»-b.. as sureties, are held and, firmly bound to the City of South Bend, Indiana, in the sum of...- -Ra.1 x-Admusand _;.:._-rDo Ilar& S 45 .00 . �. ... - - -- _ ---- •-- - - -- t 9 for the payment of which well and truly to be made, we jointly and severally bind ourselve% our h it's, -xecutoks,, adminstrators and a4signs, firmly by these presents. The,-eonditions bi the obligation are such that if th+i above- named ....... _..... . _...._�.._ oarapi y wit a t:t�_ wreguing Contract. made and entered into the --- -------- --2nd•---------- ----- -- - 1— av ot.,-------.�:: d l� with the City of South ?ler_d., Indian, and sha'-t fulfill alfthP conditie�nS an stapnlatac�taa therein @®ntaihpd, tce9rding to the true intent ar_,' g th-- of, in all res,: As, thcn this )bligation to bete, void., be and remai_='In fall force aid virtue in law. in the eve- . the said My shall extend the tinid fot the completion of said work, such extension r '1 not in ^ ny way release the sttre:ies on this bond. This shall be a construc.wn bo_:d, and the sureties on the same si all not be l=eld responsible f6r the maintenance and repair of the impro ; er__`_ after it has been accepted b�. the second patty; but €#cl1 siiftt!s sha11 be held responsible for the fait' {u co _pliance with all other conditions, ati-pulatims and regmr tieiAs ot4 t� in the contract. 1Vd-f NESS Uur ham's and rgzals,-._ .. AT N 2• Aetna r� �taal »Bs.• _�bj=C�� Sti ,_��f�2 4� :_A 9, �33i i3 t�"$Lt# t it ; ` ` By L Grean rn - an Corp. m- c'r: �-�--'•'(� � '$� ra `� JI Murrey - Sea Tr`ea s t The above bond approved L. B. SLAUGHTER L. P. HARDY Board of Public Nor Claims were approved as follows: - Elea. Service Co. Ellsworth Store Bailey Printing Co. South Bend Elec. Co. City Water Works Municipal Cax*a Supply Co. Hibberd Printing Co. Peter Spillman Harry S. Scott, Durfee Embalming Co. News Times Pr-6g. Co. J. N. Hunter Indiana Bell Tel. Co. City Water Works Hagedorn & Webster C. L. Berger & Sons The Frederick Post Co. W. R. Hinkle Inc. Engineering Dept., Street Repair Dept., Garbage Dept., Cemetery Dept., Street & Alley Dept., Attested:-- Clerk of the Board. 01.20 19.03 10.00 10.94 8.6o 6.25 36.25 2.00 2.00 4.75 73.4o 10.00 .20 39953.33 12.52 330. 81 18.48 450.00 19405.00 786.80 743.40 261.10 2,019.60 /4vkf)j4 /