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HomeMy WebLinkAbout#24-1915 - Vacation Resolution; Vacation of 1st Alley N of Colfax Ave. from Emerick St. to East Race.(/ / Department of Public Works. THIS ENVELOPE CONTAINS PAPERS Unde~Resolution No ._;.?_/----- Adopted on the_-f'{day of_~ __ 191J· - For ~-_ .............. ·-................. · -· ::~~----· ·······~ ---1~----------------- To eCZAb-:1 --~ --------------------------- --------------------------------------------······------------------------·------------------------- For Proof of Publication see Proof Record _____________ Page ____ -----------~~----- ,. 1'0101 xxxx. COPY OP VACATION R B SOLUTION. No. RESOL FED BY TIIE BOA.RD OF' PUBLIC WORKS OF TILE CITY OF SOUTH BEND, INDIA.NA: That it b, <1,,siralJlt, to n1eatr thP ro11owin!!: The First Alley north of Colfax Avenue f r om Emeri ck Street to the ~ast Race as fol l ows t o-wi t :- Beginning at t h e north east corner of lot 40 Original Plat of the Town of Lowell now a part of the City of South Bend, Indiana . Thence west along the north line of said lot 40 to the ~ast? ce · t_ence n or t h 1 4 f eet t o t he s out h line of 39 i n said ; ence east along the sout line of said ot 39 to t he west lin e of Emeri ck Street; thence south 14 fee t to the place of begi nnin g . Tlw followinu prop<'rly mtty bP injuriously or beneficially effected by ~uch rnc11tio11: Lots numbe r ed 38,3 9, 40,41 and 8 rods off e ast end of lot 42 Original Plat of Lowe l l now a par t of t h e Ci t y of Sou t h Bend ,Ind i ana . Owne d by Mi chi gan Central :L R.Co . Except 8 rods off east end of lot 42 in said Plat own ed by Wi l l G. Crabill. The above property is leased by Staples-Hi l debrand suppl y Co Samuel C.Lontz & Sons . Wi lliam F .Marti n and Frank J .Singler. · 'T •· r h" I · 1 1 · J;/ "Mild,/'f I J -/ 3~ r?/7~ /r ,,o,1ce o t 1s reso ut10n s ia I be published on the ...... day or /fC~ ...... and on the ...... day oc((f ~ .... l!)Q'.~, in the South ll~IHl l>,tily Tribune, r , Thi~ Board, at ih. oftice in '.he City Hall on lhe./d..-... d:ty or ~-rn/i.~.at 7:15 p. m. will hPar and rPl'Pin• r,•mon• ~I rnnces from all persons 111terPsteu 111 or affected by the~e proceedings. Adopted tlti~ }/ff da!! of~//~ . L!Jr/ .J- Tlw followimr propnty rn..ty bl' injuriously or benelil:iall_y effected b_v such rnc1llio11: Lots numbered 38 ,39 ' 40 ,41 and 8 rods off east end of lot 42 Orig i nal Plat of Lowe ll now a part of t he City of South Bend ,Indiana. Owned by Michigan Central ~L R .Co . Except 8 rods off east end of lot 42 in said Plat owned by Will G. Crabill . The above prope rty i s leased by Staples-Hildebrand Supply co. Samuel C.Lontz & Sons . Will i am F .Martin and Frank J.Singler . • oUeo nrthi, .. ~lution ,h,ll ,, publlshed on '";;/'_.,, o,71t.~!"1 ::..~: th, u1,y ·~d ... , w" ,r,,, "" Snnth Ben<l Daily Tribune, _J t 'l'his Board. at it , oftice in the City llall on the./M. : ... da.y or ~-rn{> . ..r-..at 7:15 p. m. will b(•ar and r('C<>hP rt>mo11- st ranees from >1,J] perso11s inlt'rPsled in or affected by these proceedings. Adopted tlti, }fff da,11 o; //~ . L/JV .,J- CITY OP SOUTH BBND, INDIANA. DEPARTMENT OF PUBLIC WORKS. notfrt of '/itsolution of. VACATIOll NO. 24.1915. Notice js hereby f.!:h'en that the Boar d of Public Work of said Oty at cl meeUng of said Board, held 4th. da_rot . y , 1915 . 190 , aclopted a resolu- ,1t 111 tollon·jn descr jbed propert_r : The First alley north of Colfax venue from ... merick Street to the e inning at the northea.r.rt corner of Lot 40 Original :>l at of the To ~m of t owell now a part o f the City of 3outh Bend , .ndia.na. "Thence rmst a onr; the nort. linn o:f said lot 40 t o the ·:a.st Race; thence north 14 feet to the sout lino of 39 i n said ~lat ; thence east along the south lino of lot 3 to ·· e -est lino of : ,eric, Street; thonco south 14 feet t .e L ce o be3in i e. The ollowlng p ro:!:)e rty may be injur i ously or beneficially effec d by such vacation: Bots numbered 38 ,39 ,40,41 ,a.nd 8 rods off east c nd ·o f lot 42 Original l at of t o\-:ell now a. p art·o:r the Cit;Jr of 81ut Bend , Indiana. Owned by :..iichi an Central R.R. Co . Sxo~pt fa· rods off east end of lot 42 in s ?id ·11at owned by ~-:ill G. Cr¢.bill. Tho above property i c leased by St~)les~Hildebrand Su pply Co . Samuel 1----. : t~ ~ ~. ~· 1·~~ -• ·nrtin _d ~ra~k J. Singler. Tile object of such VAC.ATIO ... , Qi - • •••••• •• ••• ••O •• • ••••••• • ••••O•••• ••••••••••••••••• ••••• •••• •• • • ••••••• • • • •• •• • • ••••• •••••••• • ••• ••• • •• •••••• ····················· ·············-·-·······························-····•·•·················•·••········· .. ,-........................ ···············-··•-···················· ··················-· ···•················•······ • ~~•~ r -~--~v ---~ on z So • ~ill"n ~ . ra~k J. Singl e r . Tile object of such VACATIO:!' 0. ~zy • • Said Board will meet at 7: 45 P. M., on the 1st. dayof June ,1915 . 190 , at its office in the City Hall and receive and hear remvnstrances from all persons interested in or affected by these proceedings. . ............................................................. , ..•..... AiiL.JJo.Rn.is. ....................................... . Veronica BOAR]) OF PUBLIC WORKS. A. H. RICE C. Swe eney, ...................................................... JOHN ·B-.· :.;EBER · ............... . Cler r: o f the Board ...................................... . ----./"' J _,/ 2---H BEND, IND.,.--+---,...---191 0 -~ e . hereby given that the BOARD OF PUBLIC WORKS has ·11 i J -7 ' c L ({ fl J/l/7 . . fixe .,L-,16--<==~~j_.-c L __ at--' .:-T--M' a date on which to hear all ons interested in or affected by~ Resolution No.-:/i1. B -the purpose of the SHm e is for the£] is .i~ard will meet at its final action thereon. ~ BOARD OF PUBLIC WORKS. // ---, _T 'J,15 NOTICE IS NOT REQUIRED BY LAW l ~-l~ --0'~/' (!?~ P E T I T I O N South Bend, Ind. May 3, 1915. TO THE HONORABLE BOAFD OF PUBLIC mo?KS, OF ~~E CITY OF SOUTB BEND, INDIA 7A. Gentlemen: e, h undersigned owners of and enan~ pon the lands abutting upon the alley hereina:ter described, petition your honorable body to vacate a certain alley in said city in the Original Plat of Lowell, more particularly described aa follows, to-wit: "Beginning at the North East corner of Lot Number Forty (40) in the Original Plat of Lowell, thence West along the North line of se,id Lot Number Forty ( 40) to the &J~ Race; thence North Fourteen (14) feet to the South line of Lot Number Thirty-nine (39) in said Orieinal Plat of Lowell, thence East along said South line of said Lot Number Thirty-nine (39) to the West line of Emerick Street, thence South Fourteen (14) feet to the place of beginning." Yours respectfully, ADDRESSES r , ---------- A I V E R South Bend, Ind. May 4, 1915. TO THE HONORABLE BOA~D OF PUBLIC ORKS, OF THt CI~Y OF SOUTH BEND, INDIANA. HEBEAS,the Michigan Central Railroad Company a.nd others heretofore filed before this Board a petition that this Board va ate acer~ in alley in the Original ticularly described as follows: 1, more par- "Beginning at the North East corner of Lot Number Forty (40) in the Original Plat of Lowell, thence West along the North line of said Lot Number Forty (40) to the West Race; thence North Fourteen (14) feet to the South line of Lot Number Thirty-nine (39)in said Original Plat of Lowell, thence East along said South line of said Lot Number Thirty-nine (39) to the West line of Emerick Street, thence South Fourteen (14) feet to the place of beginning;" and WHEREAS, the undersiened Michigan Central Railroad Company owns all the property abutting on said alley and owns all the property that can be in any ,tay affected by the vacation of said alley; THEREFORE, in consideration that said Board of Public orks proceed to vacate said alley as prayed in said petition, and for . the further purpose of saving time and expense, we, the undersigned, do hereby waive all objections and defenses to any defect in_eaid proceedings and hereby waive the notice and publication of notice provided by Section 8700 of Burns' Revised Statutes 1914, or any ot!'ler Statute to be given of the adoption of the original reaolu- ti n vacating said alley described herein, and further waiv notice an·. service of notice showing the assessment or award of benefit and damages required by Statute, particularly referring to Section 8?02 of Burne' Reviaed Statutes 1914. We also waiv all right "-a re ons ranees as provided by THEREFORE, in consideration that proceed to vacate said alley as prayed in said petition, and for the further purpose of saving time and expense, we, the undersigned, do hereby waive all objections and defenses to any defect in_eaid proceedings and hereby aive the notice and publication of notice · rovided by Section 8700 of Burne' Revised Statutes 1914, or any other Statute to be given o~ the adoption of the original resolu-tion vacating said alley described herein, and further waive notice ana service of notice eho in the assessment or award of benefits and damages re uired by Statute, articularly referring to Section 8702 of Burns' Revi~ed Statutes 1914. e also waive all right to remonstrance with regard to o,ir awards or assessments and waive the fixing of a day for hearing remonstrances as provided by Section 8702 of Burns' Revised Statutes 1914. -1- We further expressly waive aJl notice, service of notice and publication of notice provided by statute in connection with the proceedings to vacate said alley, and consent to the vacation of same without notice, and waive all claims for damages by reason thereof. NA ~----A .DRESSE,.--...__,_ _____ _ 'l'tr~~.nc+-~==--i~~·~W4:~~7: ~~:~ C