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HomeMy WebLinkAbout#2557-1947 - Vacation Resolution; 2nd Alley west of Miami St. from N Side of Broadway to S side of 1st Alley N of Broadwayd-,.55 7 £ NJ) D F Iii iaRzJ Fl L/Y) 'RoLL=#;;;. fl THIS ENVELOPE CONTAINS PAPEllS Under Vqc:: ~ t10 b Resolution No. 2 5 5 7 Adopted on the L>v t> day of Ju N E 194L FOR Date of Continued Hearing.----____ _ Date of Confirmatio.~------ Date of Bids. ________ _ DEPARTMENT OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA Kev1tone EnYelope Co •• Phl'.a •• Pa. APPROVED BOARD OF PUBLIC WORKS & SAFETY JUU 2 1947 ---------------------------------- BBFDRE._TBJLEO}..,RD OF PUBLIC WORl\S .AND SAFZTY To the Board of Public ~orks and Safety oft e City of South Bend PETITION OF NORT.t{ERE IlillIAJTA Pu-L::'.:C s:;:;RVIC:;:;; COLPAi·:Y Northern Indiana Public Service Company , hereinafter called petitioner, for its petition herein respectf ully shows: 1 . Petitioner is the owner of the following described real estate in St.Joseph County, Indiana: Lot Lettered 11A11 and Lots Numbered 129, 130, 131, 137 and 138 as shown on the Recorded Plat of Wenger & Kreighbaum I s Second Addition to the City of South Bend , and petitioner is the mmer of all the real estate abutting on the alleys hereinafter described. 2. Petitioner desires the vacation of the.alleys hereinaft er described. -.'ffili_;R.EFORS petitioner respectfully prays for the passage of a resolution providing for the vacation of: (a) The alley running north and south between Lots Numbered 129 and 130 as shown on the Recorded Plat of ?ienger & Kreighbaum 's Second Addition to the City of South Bend , Indiana, being the second alley west of Tuiiami Street and running from t he north side of Broadway to the s outh side of the first alley north of Broadway; (b) The first alley north of Broadway running from the East line of Lot 129 to the West line of Lot 137 as shoym on the Recorded Plat of Nenger & Krei ghbaum 1 s Second ,Addition to the City of South Bend, Indiana; (c) The alley running north and south between Lots Numbered 137 and 138 as shown on the Reco rded Plat of Wenger & Kreif,hbaum 1s Second Addition to the (;jtv of Smith "R,::mrl . Tnrli;::in;::i__ hi=dno-t.hA !=:Ar.rmrl -"l l lA,r BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY CITY OF SOUTH BEND, INDIANA FINAL ACTION OF BOARD UPON DSCLAR.A.TORY RESOLUTION NO. 2557,1947 The Board of Public Works and Safety of the City of South Bend met, pursuant to notice given as required by law, to hear and consider remonstrances and to take final action on Declaratory Resolution No . 2557, 1947, by which resolution the Board resolved that it is desired and deemed necessary to vacate the following described alleys in the City of South Bend, St.Joseph County, Indiana: (a) The alley running north and south between Lots Numbered 129 and 130 as shown on the Recorded Plat of Wenger & Krieghbaum1s Second Addition to the City of South Bend, Indiana, being the second alley west of Miami Street and running from the north side of Broadway to the south side . y (b) The first alley north of Broadway running from the east line of Lot 129 to the West line of Lot 137 as shown on the Recorded Plat of Wenger & Krieghbaum• s Second Addition to the City of South Bend, Indiana; (c) The alley running north and south between Lots Numbered 137 and 138 as shown on the Recorded Plat of Wenger & Krieghbaum1s Second Addition to the City of South Bend, Indiana, being the second alley west of Miami Street and running from the south side of Pennsylvania Avenue to the north line of the first alley south of Pennsylvania Avenue • • No remonstrance being filed with or presented to the Board against said proposed vacation, and the Board being duly advised in and having considered the matter, now takes final action on said original resolution. On motion duly made, seconded and unanimously carried it is RESOLVED that said Declaratory Resol tion o. 2557, FURTHER RESOLVED, that the above described alleys be and the same are hereby declared vacated; FURTHER RESOLVED, that there be forthwith prepared a list or roll of all the o,mers or holders of property, and of all interests therein, injurious- ly or beneficially affected by the vacation of said alleys. a i t 1 e o ers or holders of property, and of all interests therein, and of all property injuriously or beneficially affected by the vacation of said alleys: Northern Indiana Public Service Company, who is the Offller of the following described real estate in St.Joseph County, Indiana: Lot Lettered A and Lots Numbered 129, 130, 131, 137 and 138 as shown on the Recorded Plat of Wenger & Krieghbaum's Second Addition to the City of South Bend. The Board now proceeds to award damages sustained and to assess the benefits accruing to each piece of property on the foregoing list. The Board now finds that no piece of property on the foregoing list will be injuriously or beneficially affected by the vacation of said alleys. And now comes Northern Indiana Public Service Company and files a request that no written notice be served upon it as the ovmer of the above described real estate and its written approval oft he action of this Board in neither awarding damages nor assessing benefits to the real estate described above because of such vacation. IT IS NOW ORDERED by the Board that this matter be considered fully and finally disposed of. r DONE this ~ 3-day of June, 1947. ST A TE OF I DIANA ST. JOSEPH COUNTY NOTICE OF ADOPTION OF RESOLUTIO ·, NOTICE ts hereby gi,·en by the Board of Pubh~ Works anti Safety of the ('1ty of South Bend, in the State of Indiana. that on the 2nd day of ,Tune, 1947, the Bo<itd unanimously adopted Declaratory Resolut,on No. 25.57, 1947. to vacate the following described alleys m the City of South Bend. Indiana· [a] The alley running north and south between Lots Numbered 129 and 130 as shown on the Recorded Plat of Wenger & Kreighbaum's Sec• onrl Addition to the City o't South Bend, Indiana, being the second alley west o! JIHam1 Street and runrlmg from the north side of Broadway to the south side of the first alley north oi Broadway: I bl The first alley north or Broad• way running from the East line of Lot 129 to the West line of Lot 137 as shown on the Recorded Plat ot Wenger & Krelghbaum's Second Addi· tion to the City of South Bend, In• diana; I c J The alley running north and south between Lots Numbered 137 anrt 138 as shown on the Recorded plat of Wenger and Kreighbaum•s Second Addition to lhe City of South BP.nd, lndiaria, being the :i:.econd alley w~st of Miami Street and running from the south side of Pennsylvania. A ,·enue Ir. the north Ime of the first alley sot1th of Pennsylvania Avenue. Sa id Board has named the 23rd da:y f June, 1947, as the date at which said Soard will i:ecehe or hear remonstrances rom persor.s 'nterested In or affected by he proposed vacation of said alleys as bove described1 and on said day, at 10 :00 'clock A. h!. said Board will meet at its offirc In the City Hall of said City for the urpose of hearing and considering any emonstrances which may have been filed r presented and for the purpose of taktng fina: action, confirming, modifying or re- scinding its origmal resolution. Such action shall be final and conclusive upon all per-sons. R. S. Andrysiak, M. T. Cummings, John W. Montgomery. As M•mbers of the Board of Publle Works and Saiety of the City of South Bend. Attest: James P. Conboy, Cierk. 2t. Penonally appeared before me the undersigned F. D.SCHURZ 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 1wom, upon his oath saith, that the notice, of which the attached it a true copy, was published in the Trihufie for .... ~-.. •• ••••.....••.•.•..•.•••.••...... times successively, to-wit: On the ..••.. f .P .......... day of .... ,....._.14.~"J.#-..-. •••. 19 . .'r 1 On the ...••• /./.. d. ......... day of ...•. '1-,.,L.✓.,.....-,,,. .... 19 .. f1 and on the ..••••••••••••••••••. day of ....•..•••..••..... 19 ... . D. SCHURZ. Subscribed and sworn to before m ...... 11.±i ..... . clay of ..•••• r._. My oommi11ion Expire• May 10, 1949. Charges ...• I..!. i . l '.!- LEFO E T.ti.i.!t BOARD OF PU LIC WORKS AND SAFETY CITY OF SOUTH BK·n, I IDIAMA nmIANA PUBLIC SH.:RVICE co 1'ANY To the Board of Public orks and Safety of the City of South Bend: Northern Indiana Public Service Company doe s hereby waive all written notice required to be served upon it concerning the award of d ges and assessment of benefits in connection with the vacation of three certain alleys described in Declarato solution o. 2,57, l 47, a opte our Honorable Board on June 2, 1947, and does hereby request that no written notice be served upon it. agree 1947, Northern Indiana Public Service Company does hereby consent and ~ to the finding made by your Honorable Board on the ,:0 ? .-day o~ , to the effect that the real estate which it o-wns is neither injuriously nor beneficially affected by the vacation of s id alleys. NORTHERN n:DIA.f'iA PUBLIC S£.-1VIC1~ COMPAlTI By ~~ · 'anager BEFORE TIB BOA TI OF PUBLIC ·woRKS AND SAFETY CITY OF SOUT.d BEND , INDIANA DECL.-\ .'.I'ORY RESOLUTI ON TO VACATE .CERTAIN AL EYS DEC LA . TO::IT RESOLUTIOH NO. 2 £S , 19 47 '-.._ LVED by t he Boar d of Public arks and Sa ety o.f the City of South Bend, in t he State of Indiana, that it is desired and deemed necessary to vacate t he follmvino-described alleys in the City of South Bend, St.Joseph County, Indiana: (a) The alley runnin~ north and south bet ween Lots Numbered 129 and 130 as shown on the Recorded Plat of ·:;enger P Kreighbaum I s Second Addition to the City of South Bend, Indiana, being the second alley west of Miami Street and running from the north side of Broadway to the south side of t he first alley north of Broadway ; (b ) The first alley north of Broadway running from the Sast line of Lot 129 to the west line of Lot 137 as sho.~n on the Recorded Plat of 1.'[enger & re·: econd . end, Indiana ; (c) The alley running north and south between Lots Numbered 137 and 13 as shovm on the Recorded Plat of Wenger &: Kreio;hbaum 1 s Second Addition to the City o~ sout h Bend, Indiana, being the second alley west of Miami Street and running from the south side of Pennsylvania Avenue to the north line of the first alley south of Penn~Jlvani a Avenue . FURTHER 1-illSOLVED , t hat the property which may be injuriously or beneficially affected is the f ol lowin described real estate in st.Joseph County, Indiana: Lot Lettered "A" and Lo ts Numbered 129, 130 , 131, 137 and 138 as shown on the Re corded Plat of Wen<:;er e Kreighbaum 1 s Second Addition to the Cit r ofSouth n . FURTHER RBSOLThTI , that notice of this resol ution be published as required by law. DONE this --2..__ day of June, 1947. APPROVED BOARD OF rUBLIC WORKS & SAFETY A d of p ·;;orks and Safety of the City of South Bend. YORM XXXX COPY OF VACA TION RESOLUTION NO. 2557 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA: T hat it is desirable to v acate the followins: The alley running North and South between Lots Numbered 129 and 130 as shown on the Recorded Plat of Wenger & Kreighbaum's Secon d Addition to the City of South Bend, Indiana, being the second alley West of Miami Street and running from the Horth s i de of Broadway to t he South side of the first alley North of Broadway; And the first alley North of Broadway running from the East line of Lot 129 to the West line of Lot 137 as shown on the Recorded Plat of Wenger & Kreighbaum's Second Addition to the City of South Bend, Indiana; And the alley running North and South between Lots numbered 137 and 138 as shown on the Recorded Plat of Wenger & Kreighbaum's Second Addition to the City of South Bend, Indi na, being the second alley West of Miami Street and running from the South side of Pennsylvania Avenue to the North line of the first alley South of Pennsylvania Avenue. The followins property may be injuriously or beneficially effected by such vacation: Lot Lettered "A" and Lots Numbered 129, 130, 131, 137 and 138 as shown on the Recorded Plat of Wenger & Kreighbaum's Second Addition to the City of South Bend. Notice of this resolution shall be published on the __ i __ day of~ _.and on the ./.J. _day of L ... 19'/: 7, in the South Bend Daily Tribune. f:f,.J/_,__ uJ ~ ~ l):ddt'/. c·~-·- T his Board, at its office in the City Hall"on the .. :::2~ ... day of •.•••••• 19Y7_at ~-m. will hear and receive remonstrances from all persons interested in or affected by these pro edings. AAnht,,,l rhi< ~ da-y of ~-/ 9j/J FINAL ESTIMATE VACATION Co t of the ~ of. .................. L.S.~ ... J}~tQ.W..L .................................................................................................................... . ____ .............................................................................................. Street rd of Public \Vo1·ks of the City of South Beucl, Indiana: ~~':""~""rl. Ci y Civil Engineer of said City, hereby reports to the Board of Public ,vorks thereof the following Final roTement known as the ......................................................................................................................................................... . -ba ed upon the terms of the contract for said work. elated the ............ clay of.. .......................................... , 19 ....... . -Board of Public Works, on the part of the City, and by ................................................................................................... . .. a .a .. 1.on .... Qf ... th~ ... AJ1~.Y. ... ~:m}1!:lg ... ~.~~th ... ~.:g..~.~.<?.~1h .. J:>:~.t:!'~~r ............................ s ......................................... . -.....:= ered __ l~9 & ... 120 .. as ... shown .. on ... the .. recorded .. plat ............................ $ ......................................... . ~ he City e_::::: ~ ... e -se .. t· ... ····a 1:e····· ~nrt--of ··· .. ·········............ ·············· ........................... . ~ :e ---◊Ptb· ··s-1-de ···O:f···BPO-adway• ................... $ ......................................... . ... ___ .. e ... f . r:J.t .... al .. e.Y. ... nQ;rt.h. .... Q.f ... B.ro.a.d.way.;........................ $ ......................................... . S.:_e -__ ;:-:9.!.' .... P.-.... <?.f. ... ~.~.<?..8:~:W.~Y ... f:UZ?P.-J~g ... fr:. <?~ .... ~be..... ... . ....... ...... .. ~ ......................................... . -29 to the West line o( Lot 137 as ~hewn _ ,..e,.. ·• ~a· ····or-·wengi:d•··&··KreTghbaumt·s··· Stfo·ond Addi"tloff• .... $ ......................................... . -o:f·-Sou·th···Be-nd·,···I-nd-i·ana·;············· '' ....... ,.. ...................... '' ···········--··············· $ ......................................... . e..... .e~ ... running ... N.o.r .th.,.a.nd .... S.outh ... b.et.we.en .. Lo.t .s ... numbe.r.e.d ... 1.37. $ ....................................... . 1~·~···:t~:e.?.·~r·i~~.6;.~.~.~~i~~B.!t~·!···~!·a~;~.f;·r.b!i!~·~·~~~l:):-~·~ri~~.~.or~ ..................................... . a.3.:. e ·· e·st···o'f··M·i·ami···Stre·et···a:nd··running··-from ··the .. ··S·outh ·· s-td·e···of'······ $ ......................................... . -:,enn.s.y:l.v.ania ... A:v:e.nue .... to ... t-h-e ... No.r.th. .. -line ... of' .. the ... fi-r-s-t ... -alle-y-.. South••· $ ......................................... . _ . .f. ... P.~.@?..~.YJY..~.PJ.~ .. .A.-.Y.~P.~~ .. ~ ............................................... '' ••••••• ••• •••••••• .. ••• .. •••» ,, •"•• .... ••••••••••••••••'••• $••••••••••••••• .. ••••••••••••••••• .. •••••• " ----------·------------·--------·······------------·······-·······--·------------------------------------------------··--····· ----------------$ .................. _ ...................... . " ---------------------······---------------------........................................................ ----------. --·---------------$ ......................................... . " ----------------------·············--·-··----------------------------------------·········-·------------$ ......................................... . -" ---·····-···•-····························--················•·······················•······· ··········--··· .. ········"• .... $ ......................................... . " ------------------------················-···••··•------------------····-···---------------··--········•······· ------------------------.. ·-····· $ ......................................... . $. ·········--····························· $ .. ································· ..... . ontract Cost $ ......................................... . " --·------····· -------... ···-------· ·-· .... $ ........................................ _. $ ......................................... . $ .................... ············· ....... . $ ........................................ . ·····-·················-··-················································· .. •··•·························· ·········. ········............ ············•··•·······--··· $ ......................................... . Vacation To al co t of ~Q[it ............. $. ... 0.0 .•. 0Q ................................................... -......................................... $ ................. OQ ... 0.0 .......... . Before the letting of said contract, ·owners of property abutting on said improvement had made improvements in front of lots wned by them, in accordance with the general plan for the improvement of such street, and under the direction of the City Engin- er, for which said ineer has determined that the following allowances are reasonable, and are therefore made in favor of said wners on their prop.,1·tion of the cost of the improvement: .AME OF OW. ·ER DESCRIPTIO:-. OF PROPERTY DESCRIPTION OF IMPROVEMENT Amoun Allowa VACATION The alley running North & South between lots numbered 129 & 130 Assessment Roll No.,--···················•··•··v.Ac.AT.I.o.w ....................................... . On ...... { ... lo.ok ... t.o ... le.f.t.,.J. ................. Street as shown on the Recorded Plat of From Wenger & Kreighbaum's Second Addition to the City of South Bend, Indiana, being the second alley West of Maimi Street and running from the North side of Broadway to the South Side of To under Improvement Resolution No .... ?.5.5.7. ........ . adopted on the ....... ~.1,1..<J, ................................. day of the first alley North of Broadway •.............. J.11cP& .................................... , 19 .. 4.7, and And the first alley North of Broadway running from the East line of Lot 129 to the West Line of Lot 137 as shwwn on the recorded plat of Wenger & Kreigh~ baum's 2nd. Addition to the City of S0uth Bend, Indiana; And the alley running North & South between Lots numberered 137 and 138 as shwwn on the Recorded Plat of Wenger & Kreigh-baum's 2nd. Addition to the City of South Bend, Indiana, being the second alley West of Miami St. and running from the south side of Pennsylvania Ave. to the ~orth line of the first alley shouth of Penn,-ylvania Avenue. l recorded in Record Page Contract signed on the .................................. day of 19 ....... . NET DAMAGES ~ ................. $.9.Q.~ . .o.o ............................... . NET BENEFITS $00,00 ~ Assessment Roll Filed Assessment Roll Hearing ........................................... . Assessment Roll Confirmed ....................................... . Finni J•latlmate Allowed Dato or Acceptance N_u.U.,HUL 1.1.1.1 n t o. ____ _ The total frontage assessed for pavemen t is ........................................ feet, at. ........................................... per front foot .......................... . The total frontage assessed for pavement is ........................................ feet, at.. .......................................... per front foot.. ......................... . The total fron tage assessed for pavement is ........................................ feet, at.. .......................................... per front foot ........................... . " area area " frontage " frontage sewer is ............................................ sq. ft. .......... ............ .... .................. " sq. foot sewer is ............................................ sq. ft. ............................................ " sq. foot " grade is ............................................ feet at ............................................ per front foot ........................... . " curb is " frontage " cement walk is ................................ " The total cost of the ~~I;s $ .... $.9.9 .. ~.!J).O .......................... . Amount assessed to City $ ................................................... 0 •• And in the following tabular statement is given the name of each proper ty owner on that part of t he street so improved; t he num~rnr of l owned by the respective owners; the amount of the cost of such improvement assessed upon each _lo t or parcel. of ground ~or dermg the: full description, together wit h the owner's name, of each lot or parcel of ground bordermg on said part of said street so improved; th, of allowan ce made to each owner on account of former improvements, and the net amount due from the owner of each tract of real est deducting the aforesaid allowances. All of said r eal estate bordering on said improvements being in the City of South Bend, St. Joseph County, Indiana . In describing said r eal estate, the following abbreviations are m ade t o-wit: N. for North; S. for South; E. for E ast; W , for Wes feet; ex. for except; Sd. for side; E d. for end; C, for chains; L, for links; O._ P. for or iginal plat; B, L, for_ lots contained in the State Indiana's 1st, 2nd and 3rd Plats of Out-Lots to the Town of South Bend, which lots are n umbered consecutively through the several pl; 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. foi South Bencl. Description of Real Estate ASSESSMENT Bordering on the Impr ovemen t NAME OF OWNER PART OF LOT .... 0 Name of Addition or Sub-Div. 0 0 z Cts. $ Cts. $ Cts. COPY F VACATION RESOLUTION ,----------+--+--------___;-1----t ~ NO. 2557 RESOLVED B THE BOARD OF P LI TNDI ANA . - WORKS AN D SAFETY O THE CI Y OF S TH B N , That it is desirable to vacate the following : THE ALLY UNNING NORTH ANDI SOUTH BETWEEN LOTS NtJM and ON THE rf.ECqRDED PLAT OF WEN ER j & KREI GHBAUM'S SEC O ONT OF SOU B ND, INDIANA, BEI G !I1HE SECOND ALLEY ½ES OF I I ST RUNNING FR M THE NORTH SIDE OF BROADWAY TO THE SOU H SI E F TH OF BROADWAY : I AND TH TO THE SECOND ST ALLEY NORTH O BROADWAY RUNNING FROM THE AS LIN~ LINE OF LOT 137 AS SHOWN ON THE RECORD D PL T ©F TION TO THE CI OF SOUTH BEND, INDIAN : AS HO E CI y AND RST LOT & SOUTH BETWEEN LOTS NUMB RE A THE RECORDED PLAT F /ENGER & KREIGHBAUM' SEC ND ADDI I O TO HE SO rH BEND; INDIANA Bf ING THE SECOND ALLE WEST O MA I 1 TREE1 ING FROM THE SOU~H 'I DE BF PENNSYLVAN I A AVi NUE O JHE NORT 1 LI N . IR T ALLEY SOU!rH OF PE SYLVANIA AVENUE . g property may e njuriously or benef call l a fected II such Vs:1 a +-of ......... HB. That it is desirable to vacate the following : I THE ALLEY RUNNING NORTH AND SOUTH BETWEEN LOTS NUMBERED 12~ and 1 1 0 AS HO ON THE ECORDED PLAT OF WENGER & KREIGHBAUM'S SECO~D AD IT ONT E CI Y OF SOU B~ND, INDIANA, BEI G !ffiE SECOND ALLEY VvES1 OF MI1 I ST~E AND RUNNING FR 1M THE NORTH SIDE OF BROADWAY TO THE SOU H SIIDE F THE RST ALLEY N RT OF BROADWAY : I I I I AND THE FI ST ALLEY NORTH O BROADWAY RUNNING FROM THE EAS LINE f LOT 1~ TO THE V S LINE OF LOT 137 AS SHOWN ON THE RECORDED PL T ©F WE G & -EI HBA SECOND DD TION TO THE CI OF SOUTH BEND, INDIAN : AND THE ALEY RUNNING NORTH AND SOUTH BETWEEN LOTS NUMB SHOWN O T :E RECORDED PLAT F rENGER & KREIGHBAUM' SEC~ND ADDI CITY OF SO-TH BEND; INDIANA BING THE SECOND ALLE WES O MAI AND RUN IN FROM THE SOU~H SIDE BF PENNSYLVANI A AVENUE OF THE IR TALLEY SOU!l'H OF PENNSYLVANIA AVENUE . TO TREE~ LIN The fol such va njuriously or benef call a fected y ot All A Wenger _& Kreigh a IS Second Addition 00 11 29 tt " " " 00 0 u 30 ~ tt tt tt 00. 00 0 n II tt II " oo . 00 0 31 tt 37 ti It 1-1 " oo. 00 0 tt 38 u It u u 00. I 00 0 · 1 ' ' I