HomeMy WebLinkAbout11/12/1919 Board of Public Works MinutesBoArk- met in regulAr' Session
f
All membEpS prESEnt.
H ing iAD - on- ASSESSm t rol l: A*D f jxAa estimate for water
C-onnect ions an Calte rt Street from r -St. t o H «.4 - tre et:, under Improve-
ment Resolution I�to.� :6rr72. In the �gliy ofSouth Bend�,xt Indiana. -
In, the -above matter -no ratans t ratlrs appeared and no written
remonstrance was f filled. '° The Board thereforo find that the property assessed :in said
roil filed Oc1.obsr_!28.tb," -1919 is benof itted in the amiiixt of assessments as shown
on said assessment rolh and the Board fuither 'f ind that 'th+s` assessment roll oiled
O c toher 28th. ,1919 and the final estimate allowed OctOb er 28th. ,1919 should be and tbo
{ s amo is ' hereby in all things, ratified, confirmed and approved.( A Mr. Do lmor
Beer appeared before the _Beard and stated ,that he was charged up With a watertap
that was net put in. The.Board a dvised Mr. Baer to pay for same and the amount
of said tap ,would be rebated to him on presentation of receipt at ,the Water Dept.,
Board meeting,
Hearing given on roll showing awards of damages aid assossments of
benefits . in the matter of Vacation Resolution No. 48 for the Vacation of the all#
lying between Lots 5969& 8 in Hudson's Sub -Div is ion of Lots 19 and 20 of Denaistft
& Fellows Additions in the City of South Bend, {Indiana.
In the above matter no remonstrators appeared and no written remon-
strance was filed. The Board therefore declare the above roil filed. August 19th.
1919 and in all thing& ratified, confirmed and approved and the proceedings closed.-
ALLEY VACATED.
The alley lying between lots 5,61 and 8 in Hudson's Sub -Division
or a part of lots 19 and 20 in Bouniston -and Fellow's Add it ion to the City of South
Bead, Indiana, as follows:- to -wit:- Beg inning at a port on the south l ice , of lot
6 Hudsent s Sub-D iv is ion of apart of lots 19 and 20 in Denniston & Follows Add it ion;
at a point 16 feet eaat of the southeast corner of�ortk
said lot 6; thence east 59 feet;
thence south 10 feet; thence west 59 foot; thence 10 feet to the place- of
beg inn ing.
THE FOLLOWING PROPERTY MAY BE INJURIOUSLY OR BENEFICIALLY AFFECTED.
DAMAGES BENEFITS
All of lot 5
All of lot 6
All of lot 8
Hudson's Sub -Div.
of a part of lots 19
& 20 in Denniston &
Nlown Add. do
do do
Henrietta
Henrietta
Frank &
Respoetf
H.Hesa 00,00 00,00
M. Hose 00.00 00.00
)el M._Baraes00.00 00.00
ly submitted this 18th. day of
August 1919.
Fftde.,rick J. Anderson
C iv it Engineer.
Hear ing given on roll Sf -awards' of damages and assessment es benefits
%here be.ing,_ xor benef its. or damages) for the OPENING OF HURON STREET FROM FIRST ALLEY
WEST OF H4.RRIS STREET TO THE -ALLEY EASE' OF ;KOSCIUSZKO STREET UNDER CONDEMNATION
RESOLUTION BOO52 as .f ollows +to -wit: -
;` Beginn at the ixtersoctiax of the north line
of'. Hurii, Street ezteaded ,.west and tlke west ,line of the first alley west of Harris
Sheet; -,thence, north wosteilg .to -a put on the east 1,Ihe of the first alley east of
Koseius$ko 6treot. seven. (7) feet east-9of;the soutkeast corner of lot sovextees(l-
in J, M Stu_ debak r s `Sub -•Div s ion of tot one (1) of Harper & Ruckntah�s Survey thence
South sixty (40) feet; thence south easterly to a paint on the fguth line.sf Kttrexr
Sheet xt*nded._ West which. po s is. -sewer (']) feet Best of the northwest corner of lot
twenty , three ' (23) in Harr is .Sec ohd Sub.B iv is ion of Bank ;a ut Lot Ninety seven (97 )
thoaao nortk fifty J50) feet `t-o the .place of .beg ixsing,
t
In the above matter Attorneys Graham and Crane representing the
New Jersey, Illinois and Indiana Railway Company and Mr. W. A. Ballard Suptj, appeared
ane remonstrated against this street creasing their tracks, also objected. that no
damages were allowed and Piled wr itten eamonstrance,
Attorneys Graham and Crane, Ajttorneys for the New Jersey, Illinois
and Indiana Railway Co. filed a w1itten remonstrance aSainstl,the utility of the street,
and this remonstrance. was agreed on by the Board to be dated as filed of April lath. ,
1919, the date . of the original hear ing -on or ig inal res olut,ion, aiid als • filed remon-
strance as shown Unre inafter, objecting to no da Mac as being allowed..
•
Mr. W. M. Glennon, Land and Agent and Mr. F. J. Jersome
C iv it Engineer of the New York Central Railway C any appeared before the Beard
and stated that they -did not object to the opening of Huron Str**t across their
tracks but objected that no damages were allowed.l About thirtJ interested property .
owners appeared all in favor of street being opened but did not wait to pay benefits. -
The Board after due cons iderai ion over -ruled all wr itton remen•-
strances, and the Board finds that all the proper y mentioned In said roll: Is benef tied
and damaged -respectively as shown on said roll an said roll is hereby and ain all
things c onf irmed and approved and all act idn undo Condemnation kesolut ion No. 52
is hereby concluded. (,Roll not copied in record as benefits and damages in all
property is equal or none and roll is on file in he office of the Board.)
Property owners present took
on Ford Street on the north side between Pulaskian
fences out in'the street. The Board advised then
have this - investigated.
u the matter of property owners
d Olive and Jackson and Ford having
property owners that they would
Commanication received from Williston Constr. Co. requesting
that thc$$0.00 held up on Wenger and Carroll Street be released as all work has been
taken care of Same released by the Board.
292
COPY VACATION RESOLUTION MO. 53,1919.
Resolved by the Board of Public Works of the City of South Bend,
Indiana, That it is . desirable to vacate the following-._
All of that portion
of Kessler Boulevard and Beale Street Ting within the following desribed`
l ines -
Beginning On the east line of Kessler Boulevard at the northwest
corner of Ljt:37 Oortage Heights Addition; thence south on tie east line of
Kessler Boulevardroduced'south 879"feet; thence southeasterly'tarallel with g
and 80 feet distant from the westerly line of Kessler Boulevard and said
westerly llne:produced,northwesterly to'a point 37 feet northwesterly from the,
north line of:Beale Street produced west; thence southeasterly on s curve with a
radius of 55 feet to the north line of Beale Street produced west; thence
east on the north line of Beale Street produced west to A point 514.9 feet west
Of the southeast corner of- lot 35 in Portage Heights Addition; thence north
westerly on a curve with a radius of 200 feet to the place of beginning.
ALSO: -
All of that portion of Kessler Boulevard and Beale Street lying Within
the following
described lines,
"
Beginning at a point en the south lute
of Beale Street 504.E feet west
®f the northeast
eornerof lot 34 Portage Heights
Addition ; , thanes west .on the
south line
of Beale Street produced west 99,2 Feet; thence westerly and southerly
on. a curve
with a radius of 25 feet to the easterly line of, Kessler Beal.avard
Produced
north` westerly; thence southeasterly on
the easterly line of Kessler
Boulevard
produced 99,2 feet; thence northerly and easterly on a curve with.a
radius of
90 feet to the place of beginning.
"
The following proerty may be injuriously or beneficially affected b y
such vacat ion; -
Lot
7 Portage Heights Addition Owned by
Indiana Witie & Loan Co.
All
8
Lot
9
Lot
10
Albert Ksgel .
Lot
13- N N" +
William D. Rettie
Lot
33
Indiana TitleN& Loan Go,
Lot
a " " *N
34
- Lot
3 a N N »a
5 -
Frederick W. -, Helen A. Vaughan
Lot
36
Frederick Wo& Helen A. Vaughan
Lot
37 " " a nN
Samuel C. Lebman
Lot
7 , /� o ", �, _ _' "�"
Herbert R, Beckwith and Ralph
/� a lZ (l�L 4�`
E. Parrott.
Noti :e.of this resolution shall be . -I
November 1919 and on the 28th. day of Nov* mber
Tribune.
Thip Board, at its office in the C it
1919 at 7:15 P.M. will hear and receive remenstr
.in or affected by these proceedings.
Adapted this 12th. day of November 1919.
BOARD OF PUBLIC WORKS.
Attested. —
Veronica C. Sweeney,
Clerk of the Board.
lished on the 21st. day of
19 in the South Bend Daily
Hall on the loth. day of December
ces from all persons interested
G. A. ELLIOTT
HARVEY F. ROSTISER
U
293
Engineer filed assessment roll and f final estimate for
Sheet asphalt pavement on California Avenue from Portage Avenuve to Baline Avenue,
under Improvement .Resolution No. 666. In the City of South Bond,, i1nd iana.
Resolved ,that notices as to the assessments be published for six
eonsecutive' days In the ;South Bend Daily Tribune commending on the 17th. day of
November 1919 stet i_ng that this Board will give a hear ing on the amount of such
aseesa ments? at its off ice in the City Hall on the 2tath. day of November -1919 at, 7:15
P. _ MO
i
Resolved further, that the entire work under the above contract be
accepted and approved and the final estimate thereon allewed.
The following ro mens trances were filed ` sr. the Opening of Hnr on
Street,
STATE OF INDIANA
ST. JOSEPH COUNTY ( SS
In the hatter of Condemnation
2is elut ion No. 52 ; f or the
opening of Huron Street from )
alley west of Harms Street -to )
-allay east of Rosc iusake St. ° )
$*for* the Honorable Beard Of
''Public Works of the City of South
Bead, said County, and State.
Remonstrance of New Jersey,
Indiana -, Illinois Railroad
Company.
Now comes the New Jersey, Ildiana & Illinois Railroad Company
a corporation duly orZaA zed and existing under and by virtue of the laws of the
State of Indiana, and. remonstrate* and objects to the appropr iat ion of the real
estate as in said Condemnation Resolution No. 5 set forth and sought to be
appropriated, and for grounds of remonstrance and objections thi4 remonstrant says;
That it is the owner in fee -of the following described real estate situated in. the
City of South Bend, said County and State;
Beginning at the intersection of the north line of
Huron Street extended West and a West line of the first
Alley west of Huron Staoet; the * nortbwosterly to a
point on the east -line of he first alley east of '
Kosc iuszko Street soveu (7) fee east of the southeast
° corner of lot_ 17 in J. M. tude ker's Sub -Division
of lot #1 of Harper., ruc eats Survey;• thence south
sixty (60) feet; thence southeasterly to a po inton the
south line of Huron Street extended west, which point
is seven (7) feet west Of the northwest corner of lot
23 in Harris Second Sub -Division of Bank Out Lot #97
thence north fifty (50) felt to the place of beginning,
That said above described r al-, estate is the real estate described
in and sought to be condemned and apprpr sated by said Condemnation Res olut ion No52
as aforesaid.
Your remonstrant further says that there is no public necessity
or demand or need for the appropriation of said real. estate for street purposes or for
the establishment of a.street through sand seal estate at that point; that the
Opening of a street through said real estate, as provided for in said resolution,
would net be a public utility; that said lead sought to be appropriated is not
necessary for street purposes; that under all the circumstances the expense incurred
in appropriating said real estate would bed out of proportion to_ the benefits received
therefrom. - .
For further grounds of rem
the opening of Huron Street, as contemplated by
because the said Huron Street has a dead end tw
Factory. From this point traffic will have to
Street or one block south to Ford Street, to ge
can `be dome just as. well west of, remonstrant's
and P ord Streets are main streets; Div is ion Str
' droved, and are the longitudinal streets of e
Huron Street east of remonstrant's railroad doe;
thereugero, and the opening of said street we
of hose iuszks Street. `
satranco this remonstrant says that
saud resolutlea, is not necessary
blocks east of this point at Oliver`'s
o either One block north to Division
to other parts. of the: City, and this
ailroad as on Walnut Street. Div is ion
at is improved, and Ford Street will be
mmeree in this vicinity; that said
not tap or enter any industry or main
ld only nerve a-- few people 1 v inn- -.__,
west of Kosc iue$k'o Street,
Remonstrant Further says that the laud sought to be appropriated
was purchased -many years ago by remonstrant for use an a railroad,, and has beik ai
used since about .1962; that the land sought to 'be ,appropriated has'for years been
used and developed by remonstran as a terminal Wd4 The opening of Huren,Street
at this point would cut rcmonstr tl w yard in twe. and prevent remenstrantefrom, laying
any more traacki, and in case of future growth of the roadsit will prevent remonstrant
from etlVg3ng its terminal or moving, its roundhouse, sand-houoo etc . , It would _
also hoc ess it4o, the cutting of •every freight :train ' leav ing the- termlaal and every
train made up at this terminal, which. would`_worktg' ro&t and irreparable injury to
remonstrant; that it will put remonstrant to great expense of planking five tracks,
and will #zk ko it necessary to move' the switch leading to the round house . +he
remevai or thi switch will revoa a�a� m r M
in at -a t in or
-e'er¢ au.��� -4�out of th#ri henna on aecouat • sv g rooffi tv. it-fr the round h®use
th,3t the 6peniag; of the` street at this place would practically destroy remonstrant's
r w
terminal yard �t this -point, and make it necessaty to move its terminal tosome
point on its r ad, . and will prevent the future development of the road to meet the.
requirements iFtfie-growing City:
Wherefore, -your remonstrant respectfully prays that said con-
demat ion- res olut ion: b e . reac inden and no further 'action be taken the re ia,
NEq JERSEY91NDIANA & ILLINOIS
RrzLROAD CO
k
STATE OF INDIANA )
ST& JOSEPH COUNTY- N. )� Ss
Ia the taatter of Condemnation �
Resolution No., 52 - for the open -
BY �GRAHM & CRANE
Attorneys,
By We A. BABLARD, Vice Pros,"
Gen'.i. 44pt.,
I
Before) the Honorab o Beard of
: Pub l i Works of the City of
"'South Bend, said County and State.
146101 Huraa Street from alley ) Remonstrance of New Jersey, Indiana
nest" of Harris Street _to alley &Ill ois Railroad, Company.
east of K•seiussko Street. �_ ) _
Now comes the New Jersey, India a & .Illinois! Railroad Company,
a Corporation orgainsed -and existing under and by virtue of the laws of the State of
Indiana, and says that heroldree the Board of Public Works of the City of South
Bend, Indiana, under and pursuant to Condemnation Resolution No. 52 condemmed,
and appropriated for the opening of Huron Street, the following described real
estate 9-1-tuate in the City of South Bend, said County and State, for.street purposes,
which said real': astate is a part of a certain railroad and right of way owned and
operated '-%y said railroad Company.
Beginning -at the Intersection of the north Me of Huron
Street extended west and the w at line of the irst
alley west of Huron Street; th nce northwesterly to a
point on the -East line of the irst alley East of
Kosciusko Street seven (7) fe t East of the Southeast
corner of Lot 17 in K. Me Stud baker's Sub-Divisioa
of lot #1 of. Harper & $uekman' Survey; thence South
sixty (60) feet; th nee southe terly to a point on the
south line of Huron _Street eat nded west, which point
is seven (7) feet went of the orthwest corner of lot
23 in Harris Second SubBivis io of Bank Out lot 97; thence
obit sf ifty (50) feet to the place of beginning,
r
Your remonstrant further says ltbAt it is the owner in fee of all '
said lased as.. above described, and the owner vf, ii fee of 94 1d . Iande described In said
re$ glut ion #52 be long ing to said ra ilr oad C ompaza ,.
Your remonstrant further says that Aherefore, pursuant to- said
resolution, your Honorable: Board refused and failt to award this remonstrant any
damages whatsoever sustained by it in the c ondem�at;ioa ° and;¶ appropr iat ion ;f its said
lands, as. aforesaid, and failed and refused to award any da wages whatsoever accruing
to the real estate of this remonstrant by reason of the a ondemnat ion under-. said
ress olut ion No. 52.
j
Remonstrant further s frp that c ondemnat ion and appr opr iat ion of said
lands., as aforesaid, Will damage this remonstrant and: damage its propertu and .railroad
In the amount of twenty of five, Thousand Dollars W5,.000.00). when. it has beeaa< awarded no
damages which said sum of twenty five thousand dollars ($25,_000) this _ remonstrant is
xt itled to by reason of the c aademaat ion and appropr iat ion of its land as aforesaid;
a
Wherefore your remonstrant remonstrates against the ae6ion of
said Board in failing and reef'usiag to award it damages 1A t e pre ises, and respectfully
asks the Board that it be awarded the said sum of s wenty fives o ars ($25000)
as its damages sustained by reason of said c ontenanat ion pros eed-ings, as aforesaid.
NEW JERSEY, IND IANA -A&D ILL_ INOIS RAILROAD
COMPANY.
BY GRAHAM &,' CRANE
;Attorneys of Remonstrant.
By W. A. BALLARD, Vice Pres. & Gea' 1 Supt.
Plat of Krou & Whitmore is SubD iv is ion in the City of South Bead,
St. Joseph County, Indiana description qs f ollws was approved by the Board.
The Ab ova is a plat of Kr ou & Wh itmore's Subd iv is ion conttln4ag
4 t vw t nu�mbered pro ATa. to 0 47 both c 1 ivs and 1oc to:d o t+ut
s e a p®rt ion of t o nor hwee quarter o sec ion'N00 2 in ownshlp � j H t�
Range 2 Eks lying east Michigan. St in the Cit�r ofSouth Bend, St. Joseph County
Ind na, ._�'dasseph St. feet v1d*..d&rkoll St. 4C�-11 feet wide and Pillows Street
25 feet wide are in lines of extension of like nr�mad streets itplata Of record also con
is inesd firm sa id N.W. -1 of Sect ion 24. The esaat a d west alley and and the north and
south alley as shown on the plat are each 14 fe t wide. The dimensions of the lots r
are marked in feet on the plat. *he streets an alleys are hereby dedicated to the
public to be used as public highways. In witnes wherleof we have hereunto net our hands
and seals this 12th. day of dovember 1919.
STATE OF INDIANA )
ST. JOSEPH COUNTY ) SS
Personally before me the un
said County and State personally appeared Eli W
Charles H. Whitmore and Etta R. Whitmore husban
hubband and wife and acknowledged the eceut ion
Witness my hand and Notaria
My Commission expires, June 3,1922
(SEAL)
JOSEPH ECKUAN
A'JNA ECKAMN
MESS IE KROU
ELI RROU
ETTA R. WHITMORE
CHARLES H. WH ITMORE
:rs igned a Notary Public inand for
Xrou and Bessie Brou husband and wife
and wife, Joseph - Ea man and Anna Eckman
' the annexed plat.
seal this 12th. day of November 1919.
FRANCIS M. JACKSON
Notary Public