Loading...
HomeMy WebLinkAbout10/25/1912 Board of Public Works MinutesFrid v October 25th. 1012. Board met in regular session at 10:00 A.M. All members present: Routine business only was transacted. r President. Board met in regular hearing at 7:45 P.M. All members present. —_ beal.aratory hearing given on Improvement Resolution No. 209 for Wipe sewer on St. Louis Street from south Bend Avenue to Corby St reet j In the,, abuse matter no • remonst rat ors appeared and no remonst rances were filed. The Board therefore find in each and every case in said improvement that the benefits to the property and to the. City of South Bend, are equal to the estimated cost of said improvements, and the same are hereby in all things ratified,, confirmed and a approved. Be it resolved that notices be published in the South. Bend Daily ,dimes on the 26th. day of October and on the 2nd. day of November g912 to the effect that. -this Board will receive bids for said improvement up to 10:00 A.M. on the 12th. day of November 1912. The Board, reserves the right to reject any and all bids. ,,--Declaratory hearing given on Improvement Resolution No: 208 for Pavement on Brick Avenue from LaPorte Avenue to Mi chi gan -Avenue. In the above matter remonstrators appeared and remonstrances were filed.. The Board after due consideration deferred all aetion on the same until January loth. 1913. Hearing given on Condemnation for easements on the Bowman Creek Sewer, under Condemnati on Resolution No. 9,. In the above matter remonstrators appeared, and a remonstrance was filed. The; Board there fore after due consideration deferred all action on the above matter until Wednesday November the 6th. 1912 at, 10:00 A.M. Plat of the C. Oscar Stallard Sub. Div. of lots of 1-2 & 3 in W.M. Mack's replat of al part of Turn.ock' as and Mack's Sub. Div. was approved by the Board. WHEREAS, This Board of Public Works of the City of South Bend, Indiana, did, under its Condemnation resolution No. 7, for the opep-Ang of Union Street in said City of South Bend, Indiana, appropriate and condemn for street purposes the follwoing pies-cribed. real estate, to -wit:- A strip of land sixty (60) feet wide, thirty (30) feet on each side of the following described center line: Beginning at a point on the north line of Section 14 TOWNSHIP 37 NORTH RANGE 2 East ', Six hundred eighty-five and twelve Hundret hs (695.12) feet East of the North hest corner of said Section 14, thence south Six hundred sixty-eight and one-fourth (665-1/4) feet to the south lime of Sanders and Egbert, contlining 39,600 sq. feet; belonging to the Sanders & Egbert Company, and did allow said com_)any for said land the sum of Five Hundred Dollars ($500) as net damages: and WHEREAS, said Sanders & Egbert Company did appeal from said allowance of this Board to the St. Joseph Circuit Court, which Appeal is still pending in said court and in which appeal said Company asked for net damages in the sum of $72500.00: and WHEREAS, it is `_the opinion of the Board that the damages that may result to said Sanders & Egbert Company from the opening of said Street to its full width will be lessened by the postponing such opening- for a period of five years and pennittixg the said Sanders & Egbert Company to enjoy the use of its said land for said period as herein below stipulated: and - WHEREAS the said Company, through its Attorneys, has signified its will- ingness to enter into a stipulation with the City for the compromise and settlement of said appeal in the words and..figures following. STATE OF I NDI ANA, ST. JOSEPH'CIRCUIT COURT. SEPTEMBER TERM91912 -Sanders-Egbert COmp€ny vs City - of ..South!. Bend, Stipulation. It is hereby stipulated and agreed between the parties hereto: FIRST! This causft shall be striken from the docket and shall be reinstated after, but not before, July 1st., 1917. SECOND:- Pending the reinstatement of this cause, the proposed street described in the Plaintiff's complaint, shall not be opened, not shall any grading be done or pavini curbing , or walks,- or pipes for water, gas, or sewers be laid, or poles or wires for telephone, telegraph, electricity, police, or fire alrams, or other public servi ce, 'be installed upon the palintiff's land, vdthin the limits of the proposed street, nor shall any other obstruction be placed or maintained or other public improvement be made therein by the defendent, which might in any wise hinder or interfere with the free use of dill parts of the plaintiff's said land as a log yard or prevent the free passage from east to west ,across the strip of land so sought to be appropriated:, for hauling, loading, unloading, and distributing or- storing logs, in connection with °t a business Mich is now or which may be hereafter maintained by the plaintiff or its successors on the land. ,626 THIRD: The plaintiff agrees that it, w111 maint of said proposed street across its land at least twe where. it now has a private roadway, and will suffer have occasion to pass through plaintiff's land to us plaintiff, providing in so doing they shall not in a the plaintiff's business and operations'. Should the or impassable, the City may' place such amount of cin on as will put the same in passable condition. FOURTH:- Any time on or after July lst., 1917, t the docket on motion of either party. Within t hi rt y pay to the plaintiff or to, ita -successors or assigns together with interest at the rate of four (4) per c of July,191 2 to the rate of such payment. If the de the terms and conditions of this- stipulation, the pl full payment and satisfaction for its damages by rea land for `a highway and as the xtt damages occasioned of all benefits P.Ad vEll dismiss this cause at the FI FTH; Upon the payment of the sum of money at in plaintiff's complaint shall be deemed established width, as fixed by the, proceedings for the establishr SIXTH;@ The plaintiff shall not be, liable: for who mity u j#Ahe strip of land pending the reinst at eme under, sMy4'obligittion to keep or maintain said strip public,. but all persons using the said strip shall do the mere li ceAse of the plaintiff. 4 NOW, THEREFORE, Be it resolved, that th the land of said Company be, and the same is hereby p that the City Attorney be, and is hereby authorized stipulation with said Company of the tenor and effect same in the cause, and court above mentioned: and i and obligations made and assumed in said stipulation p any, this Board does now agree that the City of Sout and perform all the terns thereof relating to the fut, or on its part to be performed. • WHEREAS, this Board of Public 'Works of did, under its Condemnation Resolution No. 7. for the City -.,of South Bend, Indiana, app rop r1at a and condemn described real estate, to -wit:- A strip -of land Sixt; on each side of the following described center line: and Twelve Hundreths (655.12) feet east and Six Hundri (669--1/4) feet south of the North west corner of Sect: south, One Thousand five hundred and forty three and f: thence silong. a. curve to the right with a radius equal threetenths (453.3) feet, a distance of two, hundred t ((229.7) feet, thence along a curve to the_ left with I fifty three and three tenths (453.3) feet, a distance seven tenths (22*.7) feet, to the south line of the nc tion 14 Twp. 37 N.R. 2 E. which point is toe center_-o-i as platted. in the George W. Swygart Plat. Excepting i ri ght of way of the I ndi ana and Lake Mi chi gars Railway tract exclusive of the right of Inds ana & Lake Vidiigi Begin at. the xorth west corner of Sec. 99 feet, to the north west corner of Hyde tract; thrne 119$ feet, to the east line of Bowsher tract, thence of. Sample Street, thence .east to the north west corner 361.51-1/2 feet, thence east 361.51-1/2 feet to the so tract, thence south to the westerly line of Prairie .Av with the westerly line of Prairie Avenue t•o the south 425.2 feet, thence south 395 feet,, thence west 7.3 fee of Indiana Avenuer thence west to the west line of Eas se,ptiox 14 Tp. �7. N.R. 2 E. thence north to the south tiox 14 thence Vest to the south west conger of said 1/4 of said section 14 thence north to beg xnixg. in a clear space along the line ty feet in width at the point nd permit all persons vho may such clear Impace in common with y way unreasonably interfere with said strip become so it , rutty ers or other road material there- s cause shall be reinstated on th ,ys thereafter' the _defendant shall he sum of Five HundredDollars. t. per anhum . from the _ first day ndent shall have complied with ntiff will accept said sum' in n of the appropriation of said ,y such appropriation, in excess st s of the de fe ndent ve specified., the let re et.. ment i and red shall be open t o its full nt: thereof. xy injury received by any person t of this cause, nor shall it be n condition for tratsel by the to at thei. r own risk and upon opexixg of said street across stpoxed to July lst . , 1917, and ,nd requested to enter into a above,- expressed and to file the consideration of the promises y the said Sande r-Egbe rt Com- Bead respect all t#he conditions re control of said prop. -Fed street BOARD OF PUBLIC WORKS. the City of Sough Bend, Indiana, opening of Union Street in said 'or street purposes the following, t (60) feet wide, -thirty (30) feet Beginning Six Hundred Eighty Five d sixty eight and one fou rt h on 14 Twp. 37 N.R. 2 E. thence ve hundreths (1,543.05-) feet`, to four hundred fifty three and wenty eight and seven tenths radius equal to four hundred of tvio hundred twert y ei ght and rth west quarter (-IX) of see- the north end of State Street rom the aBove description --the Company. The Above described a -Ry. Co., cOlIt aims 117.027 Sq. ft 14 Tp. 37 N. R. 2 E. thence st south 660 feet,, thence east north 66o feet to *he south line Of Wilsox's tract, thence routLh zth east corner of Wilson t.1iue, thence south yr st erly Line of S.S. & R.R. thence west �, thence south to the north line 1/2 of south west 1/4 of sectin. Line of Northwest 1/4 of said See Lo rthwe st 1/4 of said zoo rt hwe st "27 Also begin on the west line of Prairie Avenue 440.9 feet south westely from the south line of S.S. & S. R.R., thence west 239.9 feet south 50 feet, thence* east to the west line of Prairie Avenue, .thence south westerly to beginning. o Also. begin at the intersection of north line of Indisaa Avenue and the west line of Prairie Avenue thence west 53 feet, thence north 109-1/2 feet, thence east to the west line of Prairie Avenue, thence south westerly to beginning. Also all of lots 1,2,3,4,5,6,7,8,9,10,il,12,13,14,15,16,17-,15',19,20,21, & 22 in Jas. Reynold's . sub. division of Part of B.O. Lot #91, and all of ,Bank Out Lots 92 lying between the L.S. & M.S. Ry. & C.T., W. RY. belonging to the Joseph D. OLIVER Trustee, and did allow Bald company for said land the, -sun of One Hundred ($100.00) Dollars as, net damages: and', WHEREAS, said Joseph D. Oliver, Trustee, did appeal from said allowance of this Board to the St. Joseph Circuit Court, which appeal is still pending in sad,d court, and in Which appeal said Company asked for net damages in the gum of 7,500.00: and, WHEREAS, it is the opinion of the Board that the damages that may result ;o said.Joseph D. Oliver, Trustee from the opening of said street to its full width will be lessened by the postponing of such opening for a period of F'i.ve years and. permitting the said Joseph D.Oli ver, Trustee, to enjoy the use of its land for said period as here- in below stipulated; and, WHEREAS the said Co ipany, through its attorneys, has signified its yd ll- ingness to enter into a gt pulation with the City for the compromise and settlement of said appeal in the words and figures following: ST. JOSEPH COUNTY, SS. IN THE ST. JOSEPH CIRCUIT COURT. k• JOSEPH D. OLIVER, Trustee, Vs. s Stipulation CITY OF SOUTH BEND, It is hereby stipulated and agreed by and between the parties hereto, .as f0llows,t o-wit FIRST: This cause :,.all be stricken from the docket, and shall be re -instated a fte but not before July lst . , 1917. SECOND: At anytime after July 1,1917 said cause shall be re -instated on the dockets of this court, on motion of either party, and the court shall, upon motion of either party enter judegement in favor of the plaintiff, and against the defendant, for the sum of Two T'-lousand Dollars. ($2,000.00), plu- interest on the sum of $2,000.00 from July 1st., 1912 to the date of such judegement, at the rate of Six (6) per cente per annum. and costs: of suit, as and for his net damages for the opening of the pro- posed street described in plaintiffs complaint, in excess of. all benefits. THIRD. Ponding the re -instatement of this cause, the proposed street described in plaintiff's. complaint shall not be opened across the lands of plaintiff; nor shall any grading be done, sewers, water or gR� pipes, curbing oe paving laid, or electric, telephone, telegraph, police or fire alarm or other public service poles and wires be c-rected or installed or other public improvement made or obstruction placed within the limits of the proposed street upon.plainti tf's lanes, it being he in,ent -end purpose of this stipulation to secure to plaintiff the free and inrestricted right to,.:the ure of said f land for gardening, farming and other purposes during the period aforesaid, ex- cept am. hereinafter stated. FOURTH: The plaintiff hereby leases to the City of South Bend for the use of its inhabitants from the date hereof until July lst., 19172 a strip of land twenty (20) feet in width, along the entire length of the land sought to be appropaiated for --,Such .treet, in line with the private roadway• now being used by San.d:e•r Egbert Company, on its land lying immediately north of plaintiff's land, and agree tc) mai nt ai n. su eh strip f re e and clear of obstruction, and to nPrn t all pe»ions deAir;ng to cross said land during said period to use said twenty foot strip in common v+ith plaintiff, provided, that in so doing they do not in any manner molest plaints ff's property of interfere with its business and - operat.on3. Should. said strip become soft, &usty and imp,�>sible the or other_ road material thereon suifficient to put the same°,rin City may place cinders passable -condition. FII4`TH. Upon the rendition and payment of -the judgentat herein before provided for, the said street shall be deemed established, and shall then be opened to its full width, as fixed by the proceedings for the establishment thereof. SIXTH. The plaintiffs shall not be liable for any injury to Person or pcopert, which may be received by any person who may use the said strip of land pending tie re-intate- ment of this cause, nor shall it be under any obligations to keep or maintain said strip in condition -for travel by the public, but all persons -using said strip shall do so at tkeir own risk and upon the mere license of°plaintiff. NOW THEREFORE, Be it resolved, that the opening of said. street across the land of said Joseph D. Oliver , Trustee be, and the same is hereby postponed to July lst., 1517, and that the City Attorney be, and is hereby authorized and requested to ,,enter into a stipulation with said Joseph D. Oliver, Trustee,of the tenor and effect above expressed and to file the same in the cause, and court above mentioned: and in consideration of the progLises and obligations made and assumed in said stipulation by the said Joseph D. Oliver, Trustee, this Board does now agree that the City of South Bend respect all the conditions and perform all the teims thereof relative to the fu- ture control of said proposed street, or on its part to be performed. BOARD OF PUBLIC STORKS. P re si dent .