HomeMy WebLinkAbout#25-1915 - Vacation Resolution; Part of Lafayette St.ublic Works.
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SPECIFICATIONS FOR THE IMPROVEMENT OF
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FROM
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TO
··········································-·· ............................................... Indiana,
,,
Jl'ORM XX. :X.
COPY OP VACATION RBSOLUTION.
,. ................. , ...... .., .. ..,....,,.. ... _.._ --
No. ?
RESOLVED BY THE BOA.RD OF PUBLIC WORKS OF TilE CITY 01? SOU'PH BEND, INDIANA: 1'hat it is d!'sira.hl<> 10
rnca.te the ronowin)!: Be ginning fifty ( 50) feet east and one hundred and forty
nine (149) feet north of the intersection of the north line of I ndiana
Avenue and the west line of LaFayette Street produced south; thence
north one hundred and ninty one (191} feet ; thence east thirty two and
one half (32½) feet; thence south one hundred and ninty one (191) feet;
thence west thirty two and one half (32~} feet to the place of beginning.
The followinl! property m;ty l)P irijuriously or bellt'ticially etl'ectetl by ~uch v;,c:tlion: Be ginning at the i
intersection of the north line of Indiana Avenue ana. the east line
of Franltlin Street ; thence east on the north line of Indiana
venue five hundred thirty five and forty six one hundredths
(535 .46} feet to the west line of the right of way of the Terre
aute & Logansport Railroad Co . thence north on the west boundry
f said right of wa e hundred inty and forty four hun reths '
• 4) feet to a point vn1ere i t intersects the south boundry of
the Vandalia extension; thence north westerly on a perimeter of
a curve having a radius of three hundred twenty two and forty one
dreths (322 .41) feet on south boundry of said extension to a
p it seven;y and sixty two h1mdreths (70 .62) feet east of section
:· e bet~een sections 13 and 14 Tp .37 N.R.2 E. and four hundred
o t-7 two and two tenths ( 442. 2) f eot north of ¼ section line;
~e_ce 7est to the east line of Franklin Street; thence south
·e east line of Franklin Street to the place of beginning .
Adopted tlu'8
The followin!.( prope1·ly nmy lw injuriously or beneliciall_v ett'ecled by ,uch VllClllion: Beginning at the i i nt er sect ion of the north l i ne of Indiana Avenue and the east line of Frankl i n Street ; thence east on the north line of Indiana Avenue five hundred thirty five and forty six one hundredths (535.46 ) feet to the west line of the right of way of the Terre Haute & Logansport ~ailroad Co . thence north on the west o.m.dr of said r:lght of ,;ay. -0n h . L rty o hundreths ii-------,-n:~.44) eet to a point where it intersects the sout h boundry of the Vandalia extension ; thence north westerly on a perimeter of a curve havi ng a radius of three hundred twenty two and forty one hundreths (322 .41) feet on south boundry of said extension to a point sevenjy and sixty two hundreths (70 .62 ) fee t east of section l i ne between sections 13 and 14 Tp .37 N.R.2 E. and four hundred
forty two and two tenths (442 .2) feet north of¼ section line;
thence west to the east line of Franklin Street ; thence south
on the east line of Franklin Street to the place of beginning .
Xotice of this resolution shall be publish<>d on the:J./4 orD.~.-~1G ~~ :eJ~ay of. 9~ .. 1rtf.r:.. i1 the ~ uth
Bend Daily Tribune, ~ -P, ) . (/. . _
'fhis Board, at its.oflice in '.he Cit~7 Hall onlhP/f ....... dayof ..... l!J~ .. :ll ,:15p. m. w11lhearan<lrPc1•1,·PrPmo11-
strances from all persons mterested 111 or affecte~e proceedrngs.
11/"J v/, ·-~ ✓,< -Adopted this ,::::::" 0 /I da.v of -. 19 <...J
noun OF PUDLIC WORKS. ~.
SOUTH BEND, ~-2-cJ 1911'.c, Notice is hereby given that the BOARD OF PUBLIC WORKS has ;2,S--/6 at _7 ,, <./ul? .({,{ date on which t ear all persons int ested in or affected b if~ ~-'--Resolution No __ J:\j'-_the purpose of the same is for the~ final action thereon. BOARD Of PUBLIC WORKS. THIS NOTICE IS NOT REQUIRED BY LAW
CITY OP SOUTH BBND, INDIANA.
notfrt of '/itsolution of. VACATIOB /25.1915 .
Notice is hereby given that the Board of Pu/Jlic Works of said City al a meeting of said Board, held
011 the
lion for the
28th.
vacation
day of December , 1915 . 190 , adopted a resolu-
of the following described propert_r:
b Beginning fift
(50) feet east and one hundred and forty nine (149) feet north of the
interseotion of the north line of Indiana ·Avenue and the west line
of afayette Street produced south; thence no r th one hundred and ninet
one (191) feet: thence east thirty two and one half (32½) feet ;
thenoe south one hundred and ninety one (191) feet; thence west thirty
t10 ~nd one half (32½) feet to the plaoe of beginning.
The following property be injuriously or beneficially effected
by such vacation: Beginning at the intersection of the north line of
Indiana Avenue and the ea.st line of Franklin Street; thence east on the
north line of Indiana Avenue five hundfed thirty five and forty six
one ·hundreths (535.46) feet to the west line of the right of way of the
Terre .aute & Logan8port Railroad Co . thence north on the west boundary
of s&id right of way one hundred ninety and forty four hu.ndreths (190 .441
~eet to a point where it intersects the south boundary of t he Vandalia
extension; thence northwesterly on a permimeter of a curve having·
a radius of three hundred twenty two and forty one hundreths (322.41)
fe et one south boundary of said extension to a point seventy and sisty
two himd~eths (70.62) feet east of section line bet,een sections 13
and 14 Tp . 37 B. R. 2 E. a.nd four hundred forty two and two tenths
(4&2.2) ~eet north of 4 section line thence west to the east line of
Franklin Street; thence south on the east line of Franklin Street to the
place o, b~ginning,
es on, enoe nor eeterl on a a radius of three hundred twenty o and fort one undre ( .. 22.4) feet one south boundary of said extension to a point seventy d sisty two hundtrethe (70.62) feet east of eeotion line bet een sections 13 and 14 Tp . 37 B. R. 2 E. and four hundred forty two and two tenths (4&2 .2) feet north of section line thence west to the east line of Franklin Street; thence south on the east line of Franklin Street to the place o be •
·•··-·-············! ......................................................................... ········································•·······································-·······································
Said Board will meet at 7 :45 P. M., on the 25th., day of January, 1916.
190 , at its office in the City Hall and receive and hear remunstrances from all persons iutere ted in or
affectecl by these proceedings.
BOARD OF PUBLIC WORKS,
Veronica c. Sweeney ,
.i-"' clerk of Board • ... -__ , -
. ................................................ :m .•...... 4 •......... 03.E.l~..... .................... .. ..
A.H. RICE
Department of Public Works Notice of Hearing of Assessments of
Benefits and A wards of Damage
I-. ,.
Serve this notice on$ -"=l'---L_,_--=----=-~
r\
by c:elivering a copy at his last usual
place of residence in South Bend,
this3 _ l../ ±/-Jkf..-___._· __ 191L
~ BAILEY & ~UOTT PTG CO,
OP3NI NG OF LAFAYETTE STRE~T FROM 149 J EST NORTH OF INDI NA
.AVENUE TO IND I ANA VENUE, Under Condemnation Resolution No. 43. In
the City of South Bend, Indiana.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF PUBLIC WORKS'
OFFICE OF THE BOARD
Notice of hearing and amount of assessments and awards of damages
' To _____ ~-=-IN SIBLY?,Y MACHIE-T..OOL-CO~ BIGHT-.T.0 -PASS_QVEILI.-----
Notice is hereby given you that1A9i~~frc:tM 8filfiaPe&' or an assessment of benefit has been
made in behalf of real estate, situated in the City of South Bend, Indiana, owned by you, known
and described as follows, to-wit:
which awai:d f damage&-or assessment of be.nefi. ·s set opposite said description.
Damages
$
Benefits
$
Ri ght of way over the following ; Begin on the
north line of Indiana Avenue at a point in line
with the west line of Lafayette Street
:produced south; thenc-e north to the present
sout hern terminus of Lafayette Street;
thence east 50 feet; thence south to the
north line of Indiana Avenue; thence westt
t o the place of beginning.
Begin on the north line of Indiana Avenue
at a point 50 feet east of the int ersecti on
of the nort h line of Indiana Avenue and
the west line of Lafayette ~treet produced
south; thence east 147½ feet to t he west
line of the right of wa of t he Terre Haute
and Loganport Railr oad Co. thence north
on t he west line of said right of way
~o t he sout h boundary of right of way of
the Vandalia extension; thence north-
est erly on southerly boundry of said
extension to a point due north of begin•
ning; t hence south to the plaoe of begin-
Net Damages
$
Net Benefits
$
00.00
ing . 00.00 00.00
All in pursuance to a resolution adopted by the Board of Public Works of said City on
• 28th.19"1 -, 191__; autnorized-by the-provision of ailaCt of the general assembly of the
::: of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporations."
The Board of Public Works will meet in its office at 7:45 P. M. on the-1.eb. 29 ,.1916..
r the purpose of hearing any remonstrances which you may desire to present in regard
u.nt of your award of damages or assessment of benefits as aforesaid.
southern terminus of Lafayette Street; thence east 50 feet; thence south to the north line of Indiana Avenue; thence wes~ to the place of beginning. Begin on the north line of Indiana Avenue at a point 50 feet east of the intersection of the north line of Indiana Avenue and the west line of Lafayette Street produced south; thence east 147½ feet to the west line of the right of wa of the Terre Haute and Loganport Railroad Co. thence north on the west line of said right of way to the south boundary of right of way of the Vandalia extension; thence north-
westerly on southerly boundry of said
extension to a point due north of begin-
ning; thence south to the plaoe of begin-
00.00
ing. 00.00 00.00
All in pursuance to a resolution adopted by the Board of Public Works of said City on
__ 5)<_~. _28tn.l~rI&:' 19L _;authorizedbytheprovisionofanact of th~ general assembly of the
State of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporations."
The Board of Public Works will meet in its office at 7:45 P. M. on the Feb, 29.,.1916.
191__:_ , for the purpose of hearing any remonstrances which you may desire to present in regard
to the amount of your award of damages or assessment of benefits as aforesaid.
Board of Public Works
E. M. MORRIS,
A.H. RICE,
JOHN B. EBER.
VERONICA C. SWEENEY, Clerk of Board. President.
V O .1. 0 0 A J? ~ T OF L.-F_ Y r., ... !£ sm_ ::ET E·:::,;...'.. BROAD~: Y • D
I BDI NA A ~u~, undor vacation oaolution No. 25 in the City of South
Bend , Ind iana.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF PUBLIC WORKS
OFFICE OF THE BOARD
Notice of hearing and amount of assessments and awards of damages
To ____ __..'-e& 1--n l .. ... ♦ . : o-pe;ss-over in B:01.♦aoe
Notice is hereby given you that an award of darna ~ §llfln assessment of benefit has been
made in behalf of real estate, situated in the City of South Bend, Indiana, owned by you, known
and described as follows, to-wit:
which award of damages or assessment of benefits is set opposite said description.
Damages
$
Right of "y over the :follo ing; Begin on
north line of Indiana Avenue at a poiu.t
in line i th the 1.rnct line of :Jafa.yette
treot p odueed oouth; thence north to
tho p.t·es nt sou her terrnin of Jafa.yette
thonoe ea.st 50 feet; t henoe outh to the
no th line of Indiana Avenue ; theno est
to the plaoe of be inning.
B in on the north line of Indiana Avenue
Benefits
$
the
street.
at a point 50 feet east of the i nt ors eotion
of t he north line of Indi ana Avenue i t h t e
ea _ line of Lat $yette ,t r eet produced outh;
th nc ast 147½ feet to the west line
of the right of way of the erre aute
and Lo ansport Railroad Co . thence no r t h onf
the west line of said right of ay to the
south boundry of right of ay of the
Vandalia exteneion; thence north estorly
on south rly bonndry of said extension
to a point due north of beginning ; thence
south to the place of beginning.·
Net Damages
$
00 00
oa .oo
Net Benefits
$
00.00
00.00
All in pursuance to a resolu tion adopted by the Board of Public Works of said City on
---_ --oo.t ::2:a .191 , 191_; aurnorizea oythe provisionoran act of the general assembly of the
State of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporatio~s."
The Board of Public Works will meet in its office at 7:45 P. M. on the =eb . 29 ,1916.
191 _ , for the purpose of hearing any remonstrances which you may desire to present in regard
to the amount of your award of damages or assessment of benefits as aforesaid.
( F M MfYDDT~
--oft e .orth line of Indiann venue ,ith t e est line of Lafayette ,treet produced south ; thenc east 147½ feet to the est line of the right of ay of the erre aute and t o anaport Railroad Co . thence north onf the est line of said right of way to th south boundry of ri ht of way of the Vandalia extensi on; thence north eatorly on sout rly boundry of said extension to a point due north of beginning; thence south to the place of beginning. 00.00 00.00 All in pursuance to a resolution adopted by the Board of Public Works of said City on --------nJ"\·t -:28 ,19l. , 191_ ; autnonzeaoy the provision of an act of the general assembly of the State of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporatio~s." The Board of P~blic Works will meet in its office at 7:45 P. M. on the_Feb. 29,1916. _ 191 __ , for the purpose of hearing any-remonstrances which you may desire to present in regard
to the amount of your award of damages or assessment of benefits as aforesaid.
( E. M. MORRIS,
I
Board of Public Works ~ A .H. RICE,
I L JOHN B. WEBER.
VERONICA C. SWEENEY, Clerk of Board. President.
Department or Public Worlls Notice of Hearing o~dts of
Benefits and A wards of Damage
Serve this notice on_ ,~~
-~-_p,,:_,,'-l-=~-----
by delivering a co y at his last usual
place of residence in South Bend ,
this--2 /./ qf: ~ 19LL
~);7/tr~A
~ BAILl!'.Y • ELLIOTT PTQ CO ,
Vaoation of e. part of Laf ayette Street bet-.een Broadway and
Indiana Avenue , Ubder v oation Resolution o. 25 . In the City of suuth Bend , Indiana.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF PUBLIC WORKS
OFFICE OF THE BOARD
Notice of hearing and amount of assessments and awards of damages
To ______ t~ QUTII n-smn-1'~0UilDRY
Notice is hereby given you that an award of damages or an assessment of benefit has been
made in behalf of real estate, situated in the City of South Bend, Indiana, owned by you, known
and described as follows, to-wit:
which award of dama es or assessment of benefits is set opposite said description.
Damages
$
A tract ·of land bounded on the north
by the r~B}lt of ~1 of the st. J oseph
South 'Bend a.nd Southern Railway rir;ht
o2 ay; on the ea.et by Lafayette street;
on the soi.ith by Indiana Avenue ; and on the
west by Fran' lin street ; (tlnplatted) except
127 f et off the south end thereof.
, ....
Benefits
$
Net Damages
$
00 .00
Net Benefits
$
00.00
All in u.r~uance to a resolution adopted by the Board of Public Works of said City on
_ Oo_t.._ 28 , 1.915 -, f91 _; autliorizedoy tlie provision o an act oft e general assembly of the
State of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporations."
The Board of Public Works will meet in its office at 7:45 P. M. on the eb...L. 29t ._,_191
19L , for the purpose of hearing any remonstrances which you may desire to present in regard
to the amount of your award of damages or assessment of benefits as aforesaid.
All in pursuance to a resolution adopted by the Board of Public Works of said City on __ __oa_t~--a_-;1JJ16 _, f91 _ ; authorized y tlie provisionof an act of t e general assembly of the State of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporations."
The Board of Public Works will meet in its office at 7:45 P. M. on the______Feb~ 29th. ,1916
191_, for the purpose of hearing any remonstrances which you may desire to present in regard
to the amount of your award of damages or assessment of benefits as aforesaid.
( E. M. MORRIS,
I
Board of Public Works ~ A. H. RICE,
I
VERONICA C. SWEENEY, Clerk of Board.
~ l JOHN B; WEBER.
__,,,,,-·1~A/'1..4.A.,,A i~-C1/ J/~-L,/~ ~
President.
Department of Public Works Notice of Jearing of Assessments of Benefits and A wards of Damage
~-t' I Serve this notice on~~ ~
-~j d ~~
by c:elivering a copy at his last usual
place of residence in South Bend ,
this~!-' Pf Ai... 191_L
~~17£ «
~ BAILEY & ELLJOTT PTG CO.
OPJ.;#DI G OF LAFAYbTTE STRB.;T il'RO 14 9 f eet O. OF I BDIA
AVE . TO INDIABA AVE UE , Under Condemnation Resolution Bo . 43.
CITY tOF 0s0UTH0UBEND~· INDiANA
DEPARTMENT OF PUBLIC WORKS
OFFICE OF THE BOARD
Notice of hearing and amount of assessments and awards of damages
To _____ ~OIITH B"l'ID FOUNDBY co. _________ _
Notice is hereby given you that an award of damages or an assessment of benefit has been
made in behalf of real estate, situated in the City of South Bend, Indiana, owned by you, known
and described as follows, to-w it:
which awara of damages or assessment of benefits is set opposite said description.
Damages
$
'A tract of la.nd bound d on the north
by the right of way of the st. Joseph
South Bend and southern Bail a.y right of
Benefits
$
ay; on the ea t by Lafayett 0 treet ; on the south
by Indi na Avenue ; and on the west by
Franklin street4(unpl atted) exoept
Net Damages
$
Net Benefits
$
127 f e et off the south end th reof. 00 .00 00,,00
All in pursuance to a resolution adopted by the Board of Public Works of said City on
-=_-_ -28th. ~~-Gf-D~.l9i1.iiutborized byt1ie prov1sionofan actofThegeneral assembly of the
State of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporations."
The Board of Public Works will meet in its office at 7:45 P. M. on the-29th..-o f Feb .-_
191---&-, for the purpose of hearing any remonstrances which you may de sire to present in regard
to the amount of your award of damages or assessment of benefits as aforesaid.
( R M Mr\RRTQ
All in pursuance to a resolution adopted by the Board of Public Works of said City on ---=_-_ --&aih. --a~-Gf-D~.--1.-91151ltbonzed by die promion ofan act of tfiegeneral assembly of the State of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporations." The Board of Public Works will meet in its office at 7:45 P. M. on the_2~th-.-of Feb-. __ 191;-, for the purpose of hearing any remonstrances which yo u may desire to present in regard to the amount of your award of damages or assessment of benefits as afo resaid.
( E. M. MORRIS,
I Board of Public Works ~ A. H. RICE,
I ~ L JOHN B. WEBER.
VERONICA C. SWEENEY, Clerk of Board.
~ ~
President,
Department of Public Works Notice of Hearing of Assessments of
Benefits and A wards of Damage ·
Serve this notice on
-_J --n-v.. "I i" ➔
by celivering a copy at his last usual
place of residence in South Bend,
this_ .2.N ~ k _rnt L
~ BAILEY le ELLIOTT PTG CO,
O?S .... I GO -
O •• TH O
S.RS::4 3RO V l 9 t
-, Under Oondecnation eeolution o. s'odM ~rr,n'IiffllANA
DEPARTMENT OF PUBLIC WORKS
OFFICE OF THE BOARD
t
Notice of hearing and amount of assessments and awards of damages
To __
Notice is hereby given you that an award of damages or an assessment of benefit has been
made in be_half of real estate, situated in the City of South Bend, Indiana, owned by you, known
and described as follows, to-wit:
bicll a.wafii of damages or assessment of benefits is set opposite saithiescription.
Begin at the intei-eeotion of the
Damages
$
north line of Indinnn Avenue and the east
lino o.f Fra.nkl1n street; thence east
344 feet to the west line of Lafayette
Street ·•produoecl south; thence north
127 feet; thence est 344 feet to tye
east line 0£ Franklin Str eet ; thenoe
~outh 127 f eet to the place of be_innine. ,,.·
Benefits
$
Net Damages
$
00.00
Net Benefits
$
00.00
All in pursuance to a resolution adopted by the Board of Public Works of said City on
~--~----,!!--6,.1.9L~ ~a.utho.riz.e.d.hy...the.4u:_o_vision..of an a of..-th.e-gene-m assembl~~~
tare of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporations."
he Board of Public Works will meet in its office at 7:45 P. M. on the Februa.r 29th
r the purpose of hearing any remonstrances which you may desire to present in regard
o t of your award of damages or assessment of benefits as aforesaid.
r F M MORRT~
in
nort line ot e east
in of _ rankliD t e t
344 fee to the eat line of tte
tTeet·uroduoe4 eouthi thenoe orth
127 feet; thence west 344 feet to tye
east line of Franklin treet; thence
~outh 127 feet to the place ot be_innin .
.,
00.00 00.00
All in pursuance to a resolution adopted by the Board of Public Works of said City on
• -.-._....,.._ ;__authorizedby.J.he.provlsion._of an a of--t-h-e--gene-r--a sse y·--.-
ate of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporations."
The Board of Public Works will meet in its office at 7:45 P. M. on the_B'ebrua.ry 29th.
, or the purpose of hearing any remonstrances which you may desire to present in regard
a ount of your award of damages or assessment of benefits as aforesaid.
( E. M. MORRIS,
' Board of Public Works ~ A. H. RICE,
I
V ERO 1cA C. :J:L ·EY, Clerk of Board.
~ L JOHN B. WEBER.
/~~---
President.
Department of Public Works Notice of Hearing of Assessment of Benefits and A wards of Damage
Serve this notice on "'jJ½,,,tf ~
-~_t/;/tt~
by delivering a copy at his last usual
place of residence in South Bend,
this~"'v ~ hd-, 191£
~' '1/zy ,<JI:¥~¼(
~ BAILEY & ELLIOTT PTQ CO, •
VAOATIO O A P. 1 T :.::-::TT~~ :3"". -~::_ .BE.T , ::· .• B .. 0 D,. Y •
Resolution o . 25 . rn the Ci -of I :lDIA -V • under V
South Be nd , Indiana.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF PUBLIC WORKS
OFFICE OF THE BOARD
Notice of hearing and amount of assessments and awards of damages
To ___ ---=-=O=RA=C~ L. ~G=R=EE=·=~=-------------------------
Notice is hereby given you that an award of damages or an assessment of benefit has been
made in behalf of real estate, situated in the City of South Bend, Indiana, owned by you, known
and described as follows, to-wit:
which award of damages or as essment o benefits is set o o ite
Damages
$
Begin at the interseotion of the no r th
line of I ndiana. venue and the east
line of Franklin Street; thence eat
344 feet to the west line of tafsyotte
Street pro uced south; thence north 127 feet
thence west 344 teet to the ea.st line
of Franklin street, thence aouth 127
feet to .the place of beginning.
Benefits
$
Net Damages
$
00.00
Net Benefits
$
00 .00
All in pursuance to a resolution adopted by the Board of Public Works of said City on
Oct..-28th..-,--1915., 19L ; authorized by the provision of an act of the general assembly of the
ce of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporations."
The Board of Public Works will meet in its office at 7:45 P. M. on the_ e
• for the purpose of hearing any remonstrances , hich you ma de-ire to pre ent in regard
amount of your award of damages or e afore aid.
All in pursuance to a resolution adopted by the Board of Public Works of said City on
-__ oo t..-28th .. , 1915., 19 L ; authorized by the provision of an act of the general assembly of the
State of Indiana, approved March 6th, 1905, entitled "An act concerning municipal corporations."
The Board of Public Works will meet in its office at 7:45 P. M. on the_ e a
19L , for the purpose of hearing any remonstrances which you may desire to present in regard
to the amount of your award of damages or assessment of benefits as aforesaid.
( E. M. MORRIS,
I
Board of Public Works ~ A.H. RICE,
I
VERONICA C. SWEENEY, Clerk of Board.
K L JOHN !3· WEBER.
&½~✓~~~--
President
Use was hel d abandoned when before user it was closed up
and was kept closed for twenty years . Auburn v . Goodwin , 128
Illino i s 57 ; 21 N.E . 212 .
Marking a street upon a plat an d selling lots with r e fer-
e nce to s uch marked street, constitute s a dedica t i on of the
ground so marked for the use of t he public marked street. Wolf
v . Town of Sullivan , 133 Ind. 331, 32 N.E . 1017 .
User in order to constitute proof of dedication, must have
been by the public , and adverse to and exclusive of the use and
enjoyment of the property by the propr ietors .
Cal . Nas . Co . v . Union Trans. Co . 126 Cal . 433, 58 Pac . 736 ,
4 6 L . R , S . 82 5 •
Talbot v . Grace, 30 Ind . 389 .
The numerous Indiana authorities proceed an the theory that
both platting and a.ale of lots are necess ary to con s titute dedi-
ca tion . See
Wolf e v . Sullivan, 133 Ind, 331 .
Foss ion v. Landry, 123 Ind . 136.
hanklin v . Evansv · e , 55 Ind . 2 o.
Evar-sville v . Evans , 37 Ind. 229 .
Evansville v. Page , 23 I nd . 525 .
Logansport v . Dunn , 8 Ind. 328.
Doe v . Attica, 7 Ind. 641 ,
Se also :
Bessemer Land Co . v . Jenkins , 111 Ala. 1~5, 56 A.S .R.26 .
Curtis v . Hoyt, 19 Conn . 154 . 48 Arn . Toe . 149 .
Slater v . Gunn, 1 70 Mass . 509, 49 N.F.. 1017 , 41 L.R.A. 268 .
Notes to 27 Arn . Toe . 563 ; 10 A.S,R. 189, 11 L,R.A. 57 .
It is sometimes h e.l d that the sale of · lots even does not
constitute a dedication of s treets and alleys.
.,.. r
~
People v . Reed, 81 Cal . 70, 22 Pac . 474 , 15 A.S ,R, 22 .
Mahler v . Br umder , 92 Wis; 477 , 66 N.W. 502, 31 L.R.~. 695 .
The general rules is that the proprietor nay withdraw the offer
time before acce ptance •
8 R. C .L . 913 . ~.5 lih..E"T 1056. -----=-----.
t e i naner v. Tell -City, 14 6 Ind. 4 90 . ?--'
Indianapolis v . Church, 28 App . 319, 62 N.E . 715 .
:.ight Cap V • North Judson, 154 Ind . 43 , 55 N.E . 952 .
!.D dianapolis v . Cross, 7 Ind. 9 .
~e cords of St . Joseph County chows that the plat he rein,
ion to Myler, was never acted upon and has been wholly
~ fact the lat
cation . See folf e v . Sullivan , 133 Ind . 331 . Fossion v. Landry, 123 Ind . 136. ankl i v . ~ . · !n~. ._-. .-------~-----,----~~---Evar.. sv i l le v. Evans , 37 Ir.d . 229 . Evansville v. Page , 23 Ind . 525 . Logansport v . Dunn , 8 Ind. 328 . Doe v . Attica, 7 Ind. 641 . Se also : Bessemer Land Co . v . J enkins , 111 Ala. 1~5 , 56 A.S.R .26. Curtis v . Hoyt , 19 Con n . 154 . 48 A:tn . rec . 149 . Sl ater v . Gunn, 170 Mass . 509, 49 N.F.. 1017 , 41 L .R.A. 268 . Notes to 27 hn . Toe . 563 ; 10 A.S.R. 189 , 11 L .R.A. 57 . It i s sometimes ha l d that the sale of lots even does not constttute a dedication of streets and a lleys . People v . Reed, 81 Cal . 70, 22 Pa c . 474 , 1 5 A.S .R. 22 . Mahler v . Br umder , 92 Wis; 477, 66 N.W. 50 2, 31 L .R.g . 695 . The general rules i s that the proprietor rray withdra the offer -, time before acceptance. 8 R.C .L. 913 . Steinaner v. Tell City, Indianapolis v . Church, 28 App . 319, 62 N.E . 715 .
Light Cap v • North Judson, 154 Ind. 43, 55 N.E . 952.
Indianapolis v . Cross, 7 Ind . 9.
___ e records of St. Joseph County shows that the plat herein,
dition to My ler, was never acted upon and has bee
To part of the plat now remains . $n f act he P-t
:. :s .... istorical aspects has passed out of ex· :.e._ce , and
: '!: :e._gth of time than the twen t:· :-ear per.:. d of
~!! san:;e po u::. tion a-ac _ -. c?;ei :. Joseph
the anticipated County seat a few miles down the St . Joseph River
from South Bend. The Vail's East addition t o South Bend is still
another example.
The authorities above abundantly support the reposition that
acceptance is necessary . Th~ facts he re in disc&.o se that the re was
a revocation before acceptance, i n f act as to at l east a part of
the property encompassed in the abstract there is no user or
acceptance to this day.