HomeMy WebLinkAbout#2514-1942 - Vacation Resolution; Alley W of Olive St from S line of alley S of Western Ave. to Monroe St.THIS ENVELOPE CONTAINS PAPERS
Under ___ _ ._
. Adopted on the fl day of / ~ l -'2----• FOR az:::z~ -
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Date of Hearing >-<p...,/ 3--r:J --/
Date of Continued Hearing ______ _
Date of ConffrmaUon ;µ,»Md;./ f l{~
DateofB;d, ~
DEPARTMENT OF PUBLIC ORKS
CITY OF SOUTH BE ~o, I I A
Keystone EnTelope Co., n~. p..._
THE CITY OF SOUTH BEND B)!;FOR~ THE BO.A.RD OF PUBLIC VvORKS
.MOTIO OF ABUTTING PROPERTY
OWNER TO RESCIND ALL ACTION
ON R~SOLUTIONW2514 OF THE
BOARD OF PUBLIC WORKS OF THE
CITY OF SOUTH BEND
e--
THE CITY OF SOUTH BEND )
)
BEFORE THE BOARD OF PUBLIC WORKS )
MOTION OF ABUTTING PROPERTY OWNER TO
RESCIND ALL ACTION ON RESOLUTION ff2514
OF THE BOARD OF PUBLIC WORKS OF THE
I O SOUTH Bn.i: D
Come now Joseph Kopczynski and Angela Kopczynski, by
Leon E. Kowalski and Orie Parker, their attorneys, and respect-
fully move the Honorable Board of Public Works to rescind all
action which it has taken on an alleged resolution for the pur-
pose of vacating an alley west of Olive Street from the south
line of an alley south of Western Avenue to Monroe Street.
Your petitioners show that they are the ovmers in fee
simple and hold the deed of record to Lot Number Four Hundred
Jl·orty-one ( 441) in Summit Place Third Addition to the city of
South Bm d , which lots abutt upon the alley sought to be closed
by the resolution in questi on. Affiants say that they have had
no knowledge of the alleged proceduee to vacate said alley
until the 11th day o~ May, 1942 when Angela Kopczynski appeared
at the office of the Board of Public Works and objected to the
procedure, but was informed that a resolution for the vacating
of the alley had already been adopted.
As grounds for the rescision of the action on the said
resolution, your petitioners say:
1. That the Board of Public Works of the city of South
Bend has no authority to vacate said alley.
-2. Th &t the Board of Public Works has no authority to
vacate any street or alley.
3. that under Burns Revised Statutes, 1933 Section 48-903,
a person interested thereon or the o¥mer or any lot or lots who
nose of vacating an alley est of Olive Street from the south line of an alley south of Western Avenue to Monroe Street. Your petitioners show that they are the owners in fee simple and hold the deed of record to Lot Number Four Hundred ]·arty-one ( 441) in Summ.i t Place Third Addition to the city of' South Be:i d , which lots abuts upon the alley sought to be close
by the resolution in question. Affiants say that they have had
no knowledge of the alleged proceduee to vacate said alley
until the 11th day of May, 1942 when Angela Kopczynski appeared
at the office of the Board of Public Works and objected to the
procedure, but was informed that a resolution for the vacating
of the alley had already been adopted.
As grounds for the rescision of the action on the said
resolution, your petitioners say:
1. That the Board of Public Works of the city of South
Bend has no authority to vacate said alley.
2. Th&t the Board of Public Works has no authority to
vacate any street or alley.
3. 'l'hat under Burns Revised Statutes, 1933 Section 48-903,
a person interested thereon or the o¥m.er of any lot or lots who
shall desire to vecate eny street or elley or public ground
shall file a petition in the ~ircuit Court of the county wherein
said lands are located giving a description of the roperty
sought to be vacated and the names of persons particularly
interested therein and who shall be effected thereby, and notice
f t r-s e e g e a d
trial shall be had by the Court; and also providing tha t no vaca~
tion of any street or alley over the objection of any person or
persons owning property immediately adjoining until all damage s
of the objecting party have been assessed and paid.
4. That the person signing s e id petition before the
Board or Public ½o rks, namely, Helen Zielinski, residing at 425
South Olive Street, is not the ovmer of Lot Ecur Hund re :Borty-
t wo (442) as represented in said petition, but ' that the Home
Owners Loan Corporation owns said lot, and she does not reside
in s aid p r emi ses nd is not interested in said vacation.
5. That the owners of t our Hund red 'Inirty-nine
(439 ) ad Four Hundred ]orty (440) in said addition when said
proceedings were first instituted have since died and that all
of the heirs have not joined in s aid petition to v cate said
premises.
6. That no person being the complete owner of property
effect ed by said vecation has petitibne<tthis Board to vacate
said alley.
7. That ther is nos owing in said petition that said
alley is not necess ry ~or . e ro-:·'t o~ t 1e city in said
com.~unity, and that said pro osed vacation wi ll render tbe
premises of this petitioner without i!\gress or egress to the
rear of her lot for delivery and public services aoo said pro-
posed vacation will cut o~f t he public access to the rear portion
of this petitioners ground and result in substantial damage to
two (442) as represented in said petition, but t hat the Home
Ovmers Loan Corporation owns said lot, and she does not reside
in said premises nd is not interested in said v a cation.
5 . That the owne rs of Lot our HuP..dred 'Inirty-nine
(439) and Four Hundred ]orty (440) in seid addition when said
proceedings were first instituted have since died and that all
of the heirs have not joined in s aid petition to va cate s aid
premises .
o. That no person being the complete owner of property
effected by said vecation has petitfune<t thi~ Board to vacate
said alley.
7. That ther is o sowing in said petition that said
alley is not necess ry ~or e gro-:'t o.,. t 1e city in said
community, and that sai d proposed vacation will render the
premises of t his petitioner without i!\gress or egress to the
rear of her lot for delivery and public services am said pro-
posed vacation wi l l cut off the public access to the r ear portion
of this petitioners ground and result in subs tantial damage to
"their real estate. Your petitioner therefore says th~t the Board
of Public Works is without jurisdiction to vacate said alley;
that in addition to the foregoing legal objections to said pro-
cedure,the closing of s aid alley necessitates the persons living
in s ai d block to proceed f rom t hei r garage a t the r ear of t h eir
is as reet
having very heavy traffic, and proceed a half a block south to
Monroe Street in order to arrive at a position in front of their
house, whereas vdth the alley open they were able to proceed
down the alley, which was frequently travelled and a safe place
i n whi ch to go , without entering upon Olive Street; and the same
p _ocec."re is tr e i n reverse i t ey desire to go fu:m a position
in front o t P r ouse to their garage, and that it is parti-
cularly litenef1cial to this petitioner to be made to proceed from
the rear of her lot through the alley sought to be vacated directly
upon Monroe Street, without entering upon Olive Street or backing
up aid 1 ·ve treet, hich is a decidedly hazardous operation.
WHEREFORE your petitioners say that said procedure is not
legally before the Board of Public Works, and that all action
thereon should be rescinded and the proposed vacation abandoned.
&.
I
Subscribed and sworn to before me, a Notary Public in and
for said county and state this 13th day of June, 1942.
-Notary r'ublic
My commission expires
in rront of their house to their garage, and that it is parti-cularly~eneflgial to this petitioner to be made to proceed from the rear of her lot through the alley sought to be vacated directly upon Monroe Street, without entering upon Olive Street or backing up n said 01 ·ve treet , which is a decidedly hazardous operation. WHEREFORE your petit ioners say that said procedure is not legally before the Board or Public Works, and that all action thereon should be rescinded and the proposed vacation abandoned.
&.
Subscribed and sworn to before me, a Notary
~or said county and state this 15th day of June, 1942.
-Notary Public
My commission expires
in and
TH.i:.t CITY Jl SOUTH BEND B~]JR~ TH~ BOARD 0] ?UBLIC WORKS
OBJ ~CTI ON~ J} ?ROP .t!.RTY
ovm;.!,RS A~-J"D Q'IJH.1.rns TO
CLOSING OF ALL;:;Y DER
R~SJ~UTIJN NO . 2514
Orie Parker
Attomev•at-Law
South Bend, Indiana
Orie Parker
Attomev-at-Law
THE CI TY OF SOUTH Bl!J D }
) SS:
BE:h)R.ti. THE :OJARD OF PUBLIC V-O RKS )
OBJ .ti.CTIO s o:rr PROPERTY ow ... _i!;RS AND
OTH.l!;RS TO CLOSING O] ALLhY UND ER
RBSJLUTIO ~ rt2514 ,
We, the undersigned, eac being an ovmer of real estate
located vnthin the block bounded by Western avenue on the north,
Monroe btreet on the south, ~eade Street ,on the west and Olive
Street on the east in the city of Beuth Dend, Indiana, hereby
repres ent t o the Honorable Board of Public ~orks of the City of
South Bend that we are v tally interested in the matter of the
resolution H2514 of the Board of Works of the city of ~outh Dend
proposing to va cate an alley from Monroe Str.eet to the south of
Western Avenue and located immediately west of the tier of lots
fronting ve Street.
We represent that we are users of said alley and that the
same is used by us to reach our garages in the rear of our homes
or our pl aces of business on Western Avenue without the necessity
of going upon t e more heavily travelled Olive Street; that said
alley, not only is a convenience for our use, but a necessary
protection for our roperty and lives; that on some occasions
traffic on Olive ~treet isvery excessive and it is very hazardous
to proceed out of the all-,y between Monroe and Western Avenue
without consi de able delay and c njestlon; that in addition to the
foregoi ng , the u dersi gned , Victor Carlso.n, who o erates a gara ge
-= ----on Western Avenue, says tha t the alley in que sti_on is used by h m
continuously as a most safe and convenient method of pulling in
wrecked cars in order to av8id the con.'estton on Western Avenue
necesf'itated by his own private drive, which eauires a very
South end tat we are v tally interested in the matter of the resolutiQn ff2514 of the Board of Works of the city of ~outh Dend proposing to v acate an alley from Monroe Street to the south of Western Avenue and located immediately west of the tier of lots f'ronting__on O.J..ive Street. We represent that we are users of said alley and that the same is used by us to reach our garages in the rear of our homes or our places of business on Western Avenue without the necessity
of going upon the more heavily travelled Olive Street; that s a id
alley, not only is a convenience for our use, but a necessary
protection for our property and lives; that on some occasions
tra ffic on Vlive ~treet isvery excessive and it is ve ry hazardous
to proceed out of the allyy between Monroe and Western hvenue
without co siderable delay and conjestlon; t a t in addition to the
foregoing, the undersigned, Victor Carlso,n, who operates a garage
=-:e---------~--on Western Avenue, says that the alley in que sti_on is used by him
continuously as a most safe and convenient method of pulling in
wrecked cars in order to avoid the con.jestion on Wes tern Avenue
necessitated by his own private drive, which reauires a very
sharp turn.
The undersigned say, that under the circumstances, they
L
I
?age 2 of J }e _as af ~et wners
and others to Closing of Al le under resolution #2514
respectfully petition the Hon rable Board not to close said
al ley, but to leave the s e open or t he convenience, s a f ety
and ~rote ction Jf themselves and the tra velling public.
Dated t h is 22nd day of June , 1942.
Name Address
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Page 3 of ection of Pr perty Owners
and Othe rs to Closing of Alley un er
Resolution ff 2514
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Form Prescribed by the State Board of Accounta. Re'riaed City (Blank) Form No. 201 A claim to be properly itemized, must show: Kind of service, where performed, dates service rendered, by whom, rate per day, number of hours, rate per hour, price per foot, per yard, per hundred, per pound, per ton, etc., and accompanied with the blue copy of requisition. City ol South Bend, Indiana ON ACCOUNT OF APPROPRIATION To . IRROlL . .l: '.S .. .,. .... I .NQ.11 . .., .... ---···············-···················-········Dr. Board of ublic Works Requisition No, ··································-···· !1«f:!ss 3.0.7..... . •. J.ef .f.e.r..s.an ... Bl Y.d •. -,. ... _$..Quth .. J~.f2nd ....... J.nd.o 194---2._ ITEMIZED CLAIM DOLLARS CTS. Mar . 20 Legal Notice of Vacati on Re s olution No . 2 514 as rn,h 1-; c:i hP.m! i -n '11h ,=. 1\/H ,-.,-.n,-. f'n,-. t:w Cl ~,,,.._r>.Ac:ic:i-i ·u A W8A1ro. '"' n-n t,hA 1:2.t:h c'l i:i v o f 1Y1arch 1942 and on t he ,....,:, M..,.,,...,...1--, 10AO ·-----= -----
STATE OF INDIAN,4 ... .S.t ....... J..o.s.e.ph ........................... COUNTY:
1, _J_oJm.. Henry_~Il.r......,__Sr . of Sout h Bend
awear that the foregoing bill in the sum of $ .•••.•• 7..!.Q.Q ........................... ls true and correct; that
consideration therein named; that the prices therein charged are In accordance with contract
been paid or commuted, and that neither bonua, commission nor any other consideration ha
because of the proposed exchange of values therein aet forth, or for any other reaaon.
20t h dav r 00 -/ v . , (l~v 5' VI'\~
(ffdiana, '10tation Pr es .Mir r or Pres s .
as received the full value and the exact the aald bill or any part thereof has not
-~.i,r promlae within my knowledge or belief,
....... ~u,~~, ... ¥... ...................... .
Subscribed and l'WONI to btfort mt, thi1 __ ... 2L>o ......... t .... h.._ ____ da1 of .... -Ma r ch -A-----~1----, 191-g_
Notar1 Public. ••••n• •••• •-• • • • •••••n •
y commi ion expires
Form Prescribed by the State Board of Accounts. Rmaed City, (Blank) Form No. 201 A claim to be properly itemized, must show: Kind of service, where performed, dates service rendered, by whom, rate per day, number of hours, rate per hour, price per foot, per yard, per hundred, per pound, per ton, etc., and accompanied with the blue copy of requisition. City ol South Bend, Indiana ON ACCOUNT OF APPROPRIATION To .... .MlBRO.R .... P..RE.S.S. .•.... IN.C..~.,, .. ---··············-················-·-········Dr. Board of Publi c Works Requisition No •........................................ !1:3:!88307 .. W.Jef.ferson ...... Blvd., South Bend, ... ..Ind. ITEMIZED Cl.AIM OOLL.ARS CTS. Ma 22 2 Le al Notice-wVacation No . 2514 as ubl ished 1n The Mirror for two successive weeks on the 15t
STATE OF INDIAN~ ...... S..t. .•.... J .0.$.§,P.U ......................... COUNTY:
I, John Henry Zuver, Sr. of South B_e~n~d.c.._ _ __,_T,idiana, ~ocation Pres .Mirror Press
swear that the foregoing blll In the sum of S ...... ;!..9-.!.9..Q ....................... .la true and correct; that the said city baa received the full value and the exact
consideration therein named; that the prices therein charged are In accordance with contract o atatute: t the aald bill or any part thereof has not
been paid or commuted, and that neither bonua, commiaaion nor any other consideration ha een iriv or prom! d within my knowledge or belief, becauae of the proposed exchange of value• therein aet forth, or for any other rea■on.
22nd Ma Subscri/ud and sworn to btfort mt, this ________ _..dn.1 of .... ___ _
Notar1 Public.
10M•l2•41 ~v l"Clmm,ssion expires Jan. 8, 1943
DATE 15 r ACCOMMODATION INVOICE THE SOUTH BEND TRIBUNE CLASSIFIED AD DEPARTMENT Phone 3-6161 Board of Public Works May 29 1942 No. 54 2 4 8 L LINES LEOAL LINEB 70 _j Please detach on this line and mail the upper half with your remittance THE SOUTH BEND TRIBUNE Retein this bill for your records. Receipt returned only on request es your check is proof of payment. TIMES DEBCAIPTIDN DEBIT CREDIT 2 Vacati on #2514 16.48 IMPORTANT • Cred"it is cheerfully extended to several hundred classified advertisers each month. It is possible to continue this accommo ation only to those edvertisets making payment promptly on receipt of bill. BALANCE
DATE 13 r ACCOMMODATION INVOICE THE SOUTH BEND TRIBUNE CLASSIFIED AD DEPARTMENT Phone 3-6161 Board Of Public Works Mar 50 1942 No. 4 9 9 6 L .J LEGAL Please detach on this line and mail the upper half with your remittance THE SOUTH BEND TRIBUNE Retain this bill for your records. Receipt returned only on request as your check is proof of payment. LINES TIMES DESCRIPTION DEBIT CREDIT 29 2 Vacation resolution #2514 6.82 IMPORTANT -Credit is cheerfully extended to s.veral hundred classified advertisers each month. It is possible to continue this accommo ation only to tho1e advertisers making payment promptly on receipt of bill. BALANCE
COPY OF PUBLICATION PRINT NOTICE OF VACATION RESOLUTION No. 2514 RESOLVED BY THE BOARD OF PUBLIC )VORKS OF THE CITY OF SOUTH BEND , INDIANA : That, it is desirable· to vacate the following: ALLEY WEST OF OLIVE STREET, from the South line of alley south of Western Ave-nue to Monroe Street. The following property may be injuriously or beneficially effected by such vacation : Lots 432 to 442 inclusive, also lots 638 to ,640 Inclusive in the 3rd Plat of Summit Place Addition. Notice of this resolution shall be published on the 13th d ay of March and on the !lOth *--.... ~---QQ.,-1942. in the ·Solltl, &nd daily Tribune and the weekly Mirror. This Board, at its office in the City Hall, on the 30th day of March, 1942, at 10:00 a. m. will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 9th day of March, 1942. CLYDE E. WILLIAMS, NATHAN LEVY,
HARRY S. DRIGGS.
3 :13-20 Board of Public Works.
:
_J
THE MIRROR. South Bend, Ind. 307 W. Jefferson Blvd. Phone: 3-2635 PROOF OF PUBLICATION State of Indiana, St. Joseph County, ss. ----~::•: ~fore _me. the uncle~:'•;~: on oath ay : that~ auditor THE MIRROR aRd of Mirror Press, Inc., the pu bhs s thereof: that ~ authorized to make this affidavit in its behalf: that THE MIRROR is a public newspaper of general circu-lation printed and published in the English language in the City of South Bend, in the aforesaid county and state; that a notice of which the copy attached hereto is a true and correct copy, was published in said newspaper for__~_ weeks. successivel y, to-wit : On the__\._~~ day o~-194_~ On the _ _:)..__Q~_day of~_}94_~ On the day of__ __ I 94 And on ___________ day of ______________ J94 __ _ F« S--'.\-~----2' . ~ --~ Subscribed and swor;~;::~ this_)_~
/1
day of ~-~-~~~~-~ L
-N~~b~
My comm1ss1on expires
Jan. (Seal)
To __________ -------------------------------
Proof of publication, of which this is an exact duplicate and
original affidavit for your files, has been filed with the clerk of tbt
court, or other authority, from which the order of publication
issued. It can be used, if necessary, in case of the original, filed
officially, is mislaid or lost.
MIRROR PRESS. INC., Publishers
COPY O=-=F:____ LEGAL NOTICE-VACATION NO. 2514 STATE OF' INDIANA ST. JOSEPH COUNTY, SS: NOTICE is hereby given that the Board of Public Works of the City of South Bend, Indiana. will on June 1, 1942. at 10 :00 A .. M. at its office in the City Hall, hold a meetmg for the purpose of taking final action on Vacation Resolution No. 2514, same being as fo~~~il..VED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA: Thafl it is desirable to vacate the fo~i'f,\r~: WEST OF OLIVE STREET from the South line of Alley South of Western Avenue to Monroe Street. . . . The <following orooerty may be m3ur1ou ly or beneficially affected by such vacat10n: All Lot 432. 3rd Plat of Summit Plar0 • Sylvester & S. Gioronowski _ 0.00 0.00 All Lot 433, 3rd Plat of Summit Place. Jozef & A. Arelt ____________ 0.00 0.00 All Lot 4~4. 3rd Plat of Summit Place. Stanley K. Arelt ____________ 0.00 0.00 All Lot 4:15, 3rd Plat of Summit PlacP, Stefan Grzeskowiak --------0.00 0.00 All Lot 4~6. 3rd Plat of Summit Place. -';,~;;.__,11ZJ~W~~h~&..~M~a~r~><~:Sro:b~1J~lt~~O.OO 0.00 i. . t 437. 3rd Plat of Summit Place, Sobieski Bldg. & Loan Associa-tion -~-----------------------0.00 0.00 East 3 ft. Lot 437. 3rd Plat of Summit Place, Joseph & M. Wojciechowski ___ _ -------------------------------0.00 0.00 All Lot 4~8. 3rd Plat of Summit Place. .Toseph & M. WoiciechowskL 0.00 0.00 All Lot 4:t.Q. 3rd Plat of Summit Place. 'rheresa Szita ________________ 0.00 0.00 Afl Lot 440. 3rd Plat -of Summit PlacP. Theresa Szita ________________ 0.00 0.00 All wt 441, 3rd Plat of Summit Place. Joseph & Aletia Kopczynski_ 0.00 0.00 All Lot 442. 3rd Plat of Summit Place. H . 0 . L. C. __________________ 0.00 0.00
All Lot 6~8. 3rd Plat of Summit Place. Joseph & P. Troianowski ___ 0.00 0.00
All Lot 639, 3rd Plat of Summit Place. Mary Goloms ________________ 0.00 0.00
All Lot 640, 3rd Plat of Summit Place. Vincent & Veronica Salvin __ 0.00 0.00 Total net damages ________ 0.00 0.00 Total net benefits _________ 0.00 0.00
Respectfully submitted this 11th day oi
May, 1942.
ATTEST:
CLYDE E. WILLIAMS, City Civil Engineer.
James P . Conboy, Clerk.
&:15-22
CLYDE E. WILLIAMS,
NATHAN LEVY. HARRY S. DRIGGS.
Board of P ublic Works.
THE MIRROR. South Bend. Ind. 307 W. Jefferson Blvd. Phone: 3-2635 PROOF OF PUBLICATION State of Indiana, St. Joseph County, ss. Personally. came before me, the _undersigned, ________ --~2'=:'.",~~--=---~• who on oath says : at _ _is auditor of THE MIRROR _-Hld of Mirror ress, Inc., the publishers thereof; thar C~is authorized to make this affidavit in its behalf; that THE MIRROR is a public newspaper of general circu-lation printed and published in the English language in the City of South Bend, in the aforesaid county and state: that a notice of which the copy attached hereto is a true and correct copy, was published in said newspaper f ~ k ·1 -·· or ____________________ wee s, successive y, to wit. On the ____ \~day of__~-_194_ ~ O n the-day of.___ _____ _ . __ l 94 __ a-, On the____ day of.______ _ 194 And on day of ____ _ _______ 194 Fee $ __ \.1>_._9_.Q __ -~~-~ Subscribed a~d_}worn to before me this__-~-~~ d,y of --~:~~~ Notary Public.
My commission expires
~ 11i-i1s!;ion expires Jan. 8. llM~ (Seal)
To __________ --------------------------------
Proof of publication, of which this is an exact duplicate and
original affidavit for your files, has been filed w ith the clerk of the
court. or other authority, from which the order of publication
issued. It can be used, if necessary, in case of the original. filed
officially, is mislaid or lost.
MIRROR PRESS. INC., Publishers
D'm uary 29 , 1942
:r. Stnnl y Zielms ~1:,t
425 s. Olive St.,
S,., th Bend , Ind .
DearSir:
,'iith reference to your petition to vs.c t e the alley
"est of Olive Stroot from t e so 1th line of lley
rnst cf ·.'estern Avenue to .lonroe Stroot, k1ndl be
dviae~ th tit ·il~ be necess ~y for .. ou to advance
.. ,50.00 to pay the aavertising c-0s,ts, before rn can
proceed.
The adv~rtising costs usually amount to around $50.00,
some time more , therefore, we must h ve t his oney
in 0ur office before •1e can proceed ,.vi th the work.
Very trul y our s ~
Clerk.
vb
_J ~ ~ ~ rt, V) ~ rt, rt-i 'i 0\ C) ' 7 VACATION ALLEY W£ST OF OLIVE ST. FROM TH£, SOUTH OF WESTERN AV£. TO MONRO£ .S WESTERN AVENUE I 40 I 40 47 so I 43 4 3 I -S I 3 -0) c., I\) lu V, 40 R 0) c.,., 0) 0) lu ""' ~ c.,., ' I 4 o I 41 I 11 so ~ ~ ~ ~ PfAT c.,., I\) I\) I\) C) co Q) ""l I 43 I ,, I ,, I ., I ~ I\) Oi ,, ~ I\) (Jo, ~ I\) ~ I 4 3 I so ' DISTRICT BOUNDARY 120 43 ,, ,, ,, ,, ,, I ,, I 43 ~ -~ ~ ~ 6 38 ~ . SU M I Pl C ► -~ ~ ~ ~ ~ ~ ~ I ~ -~ ~ r c., c.,., lu lu c.,., lu c.,., c.,., c.,., c., 639 c., r 01\) c.,., ~ V, 0) "" Q) co 0 fT1 ~143 I _Aj°,~I _T 1 ~4 I 143 640 ~ c., 120 ., ,, DISTRICT 8 MONROE V S,TREET f: ~ -~ . -·t i • r,, I I ~& a, -_-% vie# .. .._. G ._.,_ BOARD OF WORKS ,,,.., ~ r~, ~·-"l•i-. --..,.
VACA T/ON . OF OLIVE ST. FROM TH£ ALL£Y :STERN AV£. TO MONRO£ STR££T
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CITY OF SOUTH BEND IND.
CLYDE £.WILLIAMS ENGINEER
SCALE DATE DRAWN BY
I"== 80' JAN. 3. 1942 W.J.L
ETITION
South Bend, Ind., _______ _, 19 __
To the Honorable Board of Public Works and Safety
of the City of South Bend, Indiana
Gentlemen:-
W e the undersigned owners, petition honorable body to improve
by the construction of ___ ~______.;___ _____ ·-----'=------------------
according to law.
Yours Respectfully,
NAME ADDRESS
J{J(i. 4rdn p~ j~ J../ 1.s"' <a ~ c:.,
't )f '· ~;~~;aw .J.L I ti-u , ~
1."-I /~ ~Q"?V7~ -·
-------=-=--..::
-
L ... CAL iOTI CE
/I C .T TI #2514
O T • CIT.{ OF SOU I BJ~ ID,
IUDIANA: That, it 1s d s r bl . to vac te the following :
AL J 11!:ST OF OILVE r1T.-EET, from the So uth l ine of alley south
of t~rn venue to ~nroe treot .
1n_1ur1.oualy or ben tic 11
uo vcc tion i . Lots 432 to 42 1nclusj.~e, lso Loto 638 to 640 inolusi ye 1n
the 3rd Pltlt of Sumr:tlt l ce <ld1t1on.
Not.ce of t : s olut 1on .hn ... l b · p1.1bl shed on tho 15th da of
t ch, and on the 20th d y 01 . !l e , .1942, m the o it Bond dnil
Tr bune and the weekly .U.rror •
1a Bo rd, tits offic in the City ·a11, on t~o 30th doy of
t l O:OO • :·.11 h e,.nd r ve1ve remon trnnco
ll persona 1ntere ted 1n or ect ed by _the e proc •ed1n ,.
Adopta d t hiit 0t h do.y of "' c ·, 1942 .
2t 15-20
CLYDE E. VILLIAMS r TIM L :vy
" S . D .. I GS
D .JF x>UB IC ¥ORK$
ro1-
1M9-38 ST A TE OF INDIANA } ST. JOSEPH COUNTY 88' VACATION RESOLUTION NO. 2514. RESOLVED BY THE BOAl!t:O OF PUBLIO WORKS OF THE CITY OF SOUTH BEND, INDIANA: That, It II desirable to vacate the folloW!ng: ALLEY WEST OF OLIVE STREET from the South line of alley eouth of Western Avenue to Monroe Street. The foUOwlng property may be !nJurlou• ly or benef!clally effected by 1ucb va.ca.• tion: Lots 432· to '442 !nchalve, &18" Lots 838 to 640 Inclusive ID the 3rd Plat of Summit Place Addition. Notte, ot th!• reeolutton shall be :i,ub-1 on the 13th day of March, and on e t1! aay of March, l.942, tn the ~~~r.Bend daily Tribune and the weekly
This !11:>ard, at Its ot!lce In the City Hall, on the 30th day of March, 1942.
at 10:00 A. M. · Will heu and receive
remonstrances, from a.11 persona lntereated
In or affected by these proceeding,. ·
~dopted this 9th day ot Ma.rch, 1942.
CLYDE ·E. WILLIAMS
NATHAN LEVY
HARRY S. DRIOGS
:BOAl'tD OF PUBLIC WORKS. 2t 13-20.
·6.82
Personally appeared before me the undersigned CHARLES E. CROCKETT one of the publishers of the SOUTH BEND TRIBUNE, a public newspaper of general circulation, printed and published in the City of South Bend, in the County aforesaid, who being duly sworn, upon his oath saith, that the notice, of which the attached is a true copy, was published in the T ribune £or .... ••.••••••••••
two . . 1 • •••..•••••••••••••••••.••..... times successive y, to-wit i
On the .••• i-~~h•••••••••• .. day of ••••• M~t.¥h •••••••.. 19.4~
On 20th
the.·•••••••••••••••••···day March 42 of ..••••••••••••••••••.. 19 ...
and on the ••••••••••••••••··da
.....................................
Secretary
Subscribed and sworn to before me this •• •• ••• }.~~-•••••••••
42
day of
gpril
My commission Expires May 10, 1941.
1M9-38 STATE OF INDIANA } ST. JOSEPH COUNTY ss. LEGAL NOTIOE. VACATION NO. 2514. STATE OF INDIANA, ST. JOSEPH co;;::rrc:· i:shoreby given that the Board of Public Works of tho City ot South Bend, Indiana, will on June 1, 1942, at 10 :00 A. M. at its office In the City Hall, hold a meeting for the purpose of taking final action on Vacation Resolution No. 2514, •am• being as follows: RESOLVED BY THE BOARD OF PUB· LIC WORKS OF THE CITY OF SOUTH BEND, INDIANA: That It is desirable to vacate the following: ALLEY WEST OF OLIVE STREET from the South llne ot Alley South of es tern A venue tq Monroe Street. The following property may be Injurious-ly or beneficially affected by such vaca• lion: All Lot 432 3rd Plat of Summit
Plaoe Sylvester It S. Gioronow-
aki ....................... 0.00 0.00
All Lot 433 3rd Plat ot Summit
Place Jozef. & A. Arelt ..... 0.00 0.00
All Lot 434 3rd Plat of Summit
Place Stanley K. Arelt ...... 0. 00 0. 00
;\,II Lot 435 3rd Plat al Sum·m1t
Place Stefan Grzeskowlak .... 0,00 0.00
All Lot 436 3rrt Plat of Summit
Place Joseph & Mary Robakow-
•kl ....................... 0.00 0.00
West 40 ft Lot 437 3rd Plat of
Summit Place Sobieski Bldg. &
Loan Assn. . . . . . . . . . . . ... 0.00 0,00 Eaat 3 ft. Lot 437 3d Plat of Summl-t Place Joseph & M. Wojciechowski ............ 0.00 0.00 All Lot 438 3rd Plat ol Summit
Place Joseph & M. Wojciech-
owski .................... 0.00 0.00
All Lot 439 3rd Plat of Summit
Place Theresa Szlta ........ 0.00 0.00
All Lot 440 3rd Plat of Summit
Place Theresa Szita ........ 0.00 0.00
All Lot 441 3rd Plat of Summit
Place Joseph & Aletla Kopczyn-
ski ....................... 0.00 0.00
All Lot 442 3rd Plat of Summit
Place H. 0. L. C. . ........ 0.00 0.00
All Lot 638 3rd Plat of Summit
Place Joseph & P. TroJanowsltt 0.00 0.00
All Lot 639 3rd Plat of Summit
Place Mary Goloms ......... o. 00 o. 00 All Lot 640 3rd Plat of Summit
Place Vincent and Veronica
Salvln ............•....... 0.00 0.00
Total net dama_ges ••••.•... o.oo o.oo
Total net benef1t• ...•...... o.oo 0.00
Respectfully submitted this 11th day of May, 1942.
CLYDE E. WILLIAMS
City Civil Engineer
ATTEST:
James P. Conboy, Clerk
CLYDE E. WlLLIAMS
NATHAN LEVY
HARRY S. DRIGGS
Board of Public Work•. 2t 15·22.
Personally appeared before me the undersigned CHARLES E. CROCKETT one of the publishers ·of the SOUTH BEND TRIBUNE, a public newspaper of general circulation, printed and published in the City of South Bend, in the <:;:ounty aforesaid, who being duly sworn, upon his oath saith, that the notice, of which the attached
f
is a true copy, was published in the Tribune for .•••••••••••••• , •
~. ••••••••••••••••••••••••..•... times successively, to-wih
On
On
/~?{:;L the ..••••••••••••••••.... day
the. •••••••B.2.dday of·••••••••••••••
..... 19.f.v
..... 1¥..Y
and on the ••••••••••••••••··day of .••••••••••••• ••••••·19 •••
.....................................
Secretary
Subscribed and sworn to before me this ••••• £.~ ..
My commission Expires May 10, 19~
/6~
Charge•••••••••••••••••••••••
h ro-
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at i t
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that Ill e 4 t i ubll Ofi _
... _ J.11 o _ J · • 1, 1942. t 1.0,00
111 b 14 a meett fo~ th pupo
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' Lot 43'1
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Jt'OR1'-f XXXX
COPY OF VACATION RESOLUTION
NO. 2514
RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA: That it is
desirable to vacate the followins:
ALLEY WEST OF OLIVE STREET
from the South line of Alley South or Western Avenue
to Monroe street.
The followins property may be injuriously or beneficially effected by such vacation:
Lots 432 to 442 inclusive, also Lots 638 t 640
inclusive in the 3rd Plat of Summit Place Addition.
Notice of this resolution shall be published on the_/_-:) __ day of~ __ and on the -~-_ day o~. l ~~
in the South Bend Daily .'.fri.hune;-------r. -, -( 0 ; 0 "' t£ »,
T~is Board, at its office in the City Hal(on the . ..J:? .... day of./~ •• 19f_~t 7tl5 p..-Hl, will hear and receive
remonstrances from all persons interested in or affected by these proceedin3s.
Adopted this / day of ~ I J _:/ ✓
The followins property may be injuriously or beneficially effected by such vacation: Lots 432 to 442 1nclus1. ve• also Lots 638 .to 640 inclusive 1n the 3rd Plat of Summit Place Addition.
Notice of this resolution shall be published on the_/_°) __ day of~ __ and on the -~-_ day o~ _ l ~~
in the South Bend Daily :i;,:J,une:---'-y.,, -, -f O ; 0 <?' ~ '::ilJ
T ~is Board, at its office in the City HaU:on the_.,,2_P-' ____ day of_/~_.19f -~t 7tl5 p.--m. will hear and receive
remonstrances from all persons interested in or affected by these proceedings.
Adopted this / day of ~ f J y/
BOARD OP PUBLIC WORKS
Assessment Roll No. __ ............................. VACAT.ION ................................... . On .. ALLEY. .. WES.T .... OF. .. QLI.YE ............ Street
From .S.OV'I tf. .. LJ.~ .... Q.f. ... fJ..iJ;:!~X ... ~9.P.'.:r.R ...
OF WESTERN AVENUE
To .. MO.NRO.E .... STREE.T ........................................ .
under ~~ Resolution No ...... 2514 ....... .
adopted on the ........... 9th ............................. day of
.............. M?.-.r..9.h., ............................... , 1942 .. , and
recorded in Record .................... Page ................... .
Contract signed on the .................................. day of
···································•···•································> 19 ........ .
NET1 nDMAAG.ES ......... $0.0 .•. 0.0 ............................. .
DI' A1i3EN.E;Fst.TS ...... $00 :.0.0 ............................. .
Assessment Roll Filed ............................................. .
Assessment Roll Hearing ........................................... .
Assessment Roll Confirmed ....................................... .
Final Estimate Allowed ........................................... .
Date of Acceptance ................................................... .
Notices sent ............................................................... .
HISB&RDIDIT-83013
COPY OF FINAL ESTIMATE · Vacation of the Cost of the mtpnu1-«.mrenix.of. ....... ALLEY. ... 1J.IB.S.T .... QF .... O.LIVE .... S.TREET ..... f..r9.m ..... "th~ ..... $9..:µt.h ... JJ.n.~ .... . of alley South of Western Avenue to Monroe: Street ·••••••••••••••••••••••••••••••••••••••• .. •••• .. •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• .... •••••• .. ••• .. •••••••u .. ••••• .. ••~ To the Honorable Boa1·d of Public ,vorks of the City of South Bend, Indi311a: The undersigned, City Civil Engineer of said City, hereby reports to the Board of Public Works thereof the foll6wing Final Vacation Estimate of the >mv.x~oox known as the ..... A;.1.J ... ~.Y. ... w.~.~.t . .<? . .f. .. 9.JJ:Y.~ .... ~J~~~·~•···f..~.?.~ ... ~.h~ ..... ?.~:1-:l~h .. JJ~~ ................. . of alley South of Western Ave. to Monroe St. Improvement, authorized by resolution o! the Board of Public Works, adopted on the .... .9.."t.h ... day o! ....... M~r.~P.-. .1... .......... , 19 .. Y:? Said estimate is based upon tho terms of the contract for said work, <latecl the .......... dfly of. ... . 19 ....... . al1d signed by the Bo.1rd of Public \Vories, on the part oC the City, :rncl by .... Contractor. at. ............................... per ·•·································································································· .. ., ....... ········-···················· ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••-·•••,.c•• •••••••••••••••••••••••••••••••• ························· .. $. :!i .•.• ·-··-··-··-··-·-···-·-------·-·---·
Total Contract Cost Advertising -------. -. ---. --... Chemical Inspection ________ ,_ ________________________ _ Munici1ml Inspection Engineering Vacation Total cost ofJ!.IM~~ s $ ... ··•·•·· ........................... . $ ................................... . $ ....................................... . $ $ $ ~ ·····················•···-·-•··••····•··· Before the letting of said contract, owners of property abutting 011 said improvement had made improvements in front of lots owned by them, in accordance with the general plan for the improvement of such street, and under the direction of the City Engin-eer, for which said Engineer has determined that the following allowances are reasonable, and are therefore made in favor of said owners on their proportion of the cost of the improvement: NAME OF OWNER DESCRIPTION OF PROPERTY DESCRIPTION OF IMPROVEMENT Amount of 1 Allowance $ Cts.
ASSESSMENT ROLL NQ. ___ _ The total frontage assessed for pavement is ........................................ feet, at.. .......................................... per front The total frontage assessed for pavement is ........................................ feet, The total frontage assessed for pavement is ........................................ feet, area sewer is ............................................ sq. ft. area sewer is ............................................ sq. ft. front front sq. foot sq. foot ... frontage " grade is ............................................ feet at front foot ........................................... . frontage " curb is frontage " cement walk is Vacat.:on The lolal, cost of the kJ.X>Xtn.!1Jwa"Jt is $ ..... Q.Q.! QQ ..... . Amount assessed to City $ ........ .9Q .• 9.9 .. .. And in the following tabular statement is given the name of each property owner on lhat part of the street so improved; the number of front feet owned by the respective owners; the amount of the cost of such improvement assessed upon each lot or parcel of ground bordering thereon; the full description, together with the owner's name, of each lot or parcel of ground bordering on said part of said street so improved; the amount of allowance made to each owner on account of former improvements, and the net amount due from the owner of e::tch tract of real estate, after deducting the aforesaid allov;ances. All of said real efltale bordering on said improvemonts being in the City of South Bend, St. Joseph County, Indiana. In destl'i:>lng mid n•ol oAtate, the following al)brcvln.Liom-i are made to-wil: N. for Norlh; S. for South; E. for East; W. for West; ft. for f<•ot; ex. for except; Sd. for side; l!:d, for end; C, for chains; L, for links; 0. P. for original plat; B, L, for lots contained in ·the State Bank of Jncllana's 1st, 2nd and 3rd Plats of Out-Lots to the Town of South Bend, which lots are numbe1·ed consecutively through the several plats, from 1 in 1st plat to 130 in 3rd plat; Add. for addition; Sub. for subdivision; L. for Lowell; T. S. B. for Town of South Bend; C. S. B. for City of South Bend. Description of Real Estate ..., A ~ .::; Bordering on t.hc Improvement PART OF LOT "' ..., 0 ~ ... 0 0 z Name of Addition or Sub-Div. C) "' ... ~. 0 0 z NAlVIE OF OVlNER -------~---1------COPYIOF VACATION RESOLUTION 2514 -1942 RESOLVED B THIE BOARD OF PUBLIC W$RKS OF THE CITY OF S That it es1rable to vacate the following: ALLEY WEST OF OLIV STREET from the So~t All outh of Western venue to Monroe Street. ASSESSMENT t ET NET AMAGES BENEFIT $ Cts. $ Cts. $ Cts. $ ---_ ____, -UTH BE D, I~ DI ~NA: h 1 ne of Cts. I
That it ils djesirable to vaca~e -phe following: ALLEY WEST OF OLIVE STREET from the Soulth linellof All :outh of Western Avehue to Monroe Street. The follo property may bel inouriously or beneficilally I affected bJ; sue vacation: All 143a 3rd Plat of I I Sylvester & S. Summit Place Gioronowski I oo~oo II I ! 00.100 11 All 431 ti It It I Jozef & A. Arelt oo Joo II I II 00.100 All 14341 ti II It I I Stanley K. Arelt ooJoo II I II 00.10011 All 14351 II It It I !Stefan Grzeskowiak I 00,0011 I II oo.'.ooj All 143~ II II It I I Joseph &, Mary I I II I II Robakowski I 00~0011 I II 00.100 West 40 ft. L3~ -I I Sobieski Bldg. & II It It Loan Assn. I ooloo II I ~ oo.'.ooj ,~ast 3 ft. ~3~ It II n 1-j Joseph & M. I I !I I II Wojciechowski I oo !oo II I II 00.100 ~ t:j All It It ti II 00 00 I 00.100 All It It ti Theresa Szi ta 00 00, 00.!00 A,11 ~4q It It ti It 00100] I II 00.100 All IW.J_lJ II II It Joseph & Aletia Kopczynski I ::i:: oo. 00 I ()() ()nu
All ~,9 II II " I I Theresa Szi ta I ooloo I' I II oo.loo I A;,1'1 tJ 11 II ti I I It I ooloo11 I ~ oo.loo ' All " " II I I Joseph & Aletia Kopczynski 001°0 oo. 00 All b~ 11 " It I I H. O. L. C. 00 00 oo. 00 All 11 ti 11 I I Joseph & P. Trojanowski oo loo II I II oo.loo All 16:sg II II " I I Me.ry Goloms 00~00 I II 00 .100 I . All 16401 ti ti It I I Vincent & Veronica oojoo t Sal vin oo. 00 I ,, :I II 00,00 :, oo. 00
I ~ ' ~. ···I.. .. , . ~ ~ ~ ' -, --I ,. I I [ 1 ·1 I I ,. ' I ' Vacation 00 00 Total amount due the Contractor for the ~~.K $ ..................... ~ ................................ . Respectfully submitted this .................................................. day ot .................................... 07 .. 7·····--·· .... ·~ ...... , 19~ ........ .. ~.t:..?.ti'~ ...... Civil Engineer