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Home My WebLink About#2875-1958 - Vacation Resolution; 2nd alley E of High Street from Broadway N to the S line of the alley N of Broadwaytate of Indiana ) ( S: "" rn ti• f"1 -.. C. 3: n ..:;... c:, ::> County of St. Jose h) 0 ("T17" = ::D ;, ..... ,..._, "' -< c..n ::D r TRANSCRIPT OF PROCEEDINGS IN RE: VACATION RESOLUTION NO. 2875 :I: w :0 :t--.'. .... c:, 0\ (.r:1 rr ("") -0 Record No . 19, Page 629 ::r:: ::::3:: r ... Monday, August 12, 1957 177 c....n :::; = Board met in regular session at 10:00 A.M. (CST). All members were present . •t •t(, ... . ~ ~ ·-' ;;> _;,;.,~ -., A petition was received from Reliable Dairy, Inc. asking for the va- ~ NOrth from E. Broadway to an alle cation of an alley running and extending/ea-t from High .Street . id alley is the second alley to the east of High Street and extending north from Broadway east of High Street. Petition referred to the City Planning Comm- ission for investigation and recommendation. Record No. 20, Page 698 Monday, January 20, 1958 Board met in regular session at 10:00 A.M. All members were present . A letter is hereby received from the City Planning Commission favor- ably recommending the petition to vacate approximately 140 feet of the second north-south alley east of High Street and north of Broadway subject to re- tention of utility easements. Letter now referred to the City Engineering Department for preparation of a Vacation Resolution. Record o. 20, Page701 ::ss: n at 10:00 ers ere present. r PUBLIC WORKS OF THE c ... TY ._,r s e to vacate the following: H BE , I IDI - Jl> ::, Q. (!) X c+ (!) ::, Q. ...,. ::, \Q THE SECOND ALLEY EAST OF HIGH STREET FRCM BROADWAY NORTH TO THE SOUTH LINE OF THE ALLEY NORTH OF BROAD- WAY, SUBJECT TO RETENTION OF UTILITY EASEMENTS The following property may be injuriously or beneficially affected by such vacation: Lots numbered 123 and 124 -WENGER ND KRE G 2nd ADDITIC 'S Notice of this Resolution shall be published on the 31st day of anu- ary and on the 7th day of February , 1958 in the South Bend Tr ibune and r · e Record. This Board, at its office in the City Hall on the 10th day of February , at (CST) will hear and receive remonstrances from all persons interested in or af fected by these proceedings . Adopted this 27th day of January, 1958 . Record No. 20, Page 708 Monday, February 10, 1958 R. S. Andrysiak Frank J . Bruggner Irving J. Smith Board met in regular session at 10:00 A.M. Allmembers were present . This being the date set, hearing was held on the Resolution heretofore adopted by the Board of Public Works and Safety for the vacation of the SECOND ALLEY EAST OF HIGH STREET FROA BR06.DWAY NORTH TO THE SOUTH LINE OF THE ALLEY NORTH OF BROADWAY , subject to r etention of utility easements under Vacation Resolution No . 2875 , 1958. TheClerk of t he Board having shown sufficient proofs of publication and no remonstrators having appeared and no written remonstrances having been filed with the Clerk, it was moved, seconded and unanimously carried that the said Resolution be finally adopted and the said alley vacated. The Engineer- ing Department is directed to prepare an assessment roll covering the assess- ment of benefits and the awards of damages to the surrounding property. R. s. Andrysiak, City Engineer , filed primary assessment roll showing the awards of damages and the assessment of benefits in the matter of the vacation of the SECOND ALLEY EAST OF HIGH STREET FR01 BROADWAY NORTH TO THE SOUTH LLNE OF THE ALLEY NORTH OF BROADWAY , subject to retention of utility easements under Vacation Resolution No . 2875, 1958. In the abovenamed assessment roll, the Board hereby orders that it will , eet in the City Hall at 10 :00 A.M. (CST ) on the loth day of March, 1958 for the purpose of hearing and receiving remonstrances from all persons interest- ed in or affected by said vacation and the Board further orders that notice of said hearing together with the amount of damages awarded and benefits assessed be addressed to the property owners by publishing same on the 14th day of February, 21st day ofFebruary, and on the 28th day of February , 1958 in the South Bend Tribune and The Record. The foll owing property may be injuriously or beneficially affectedby such vacation: Lots numbered 123 and 124 -Wenger and Kreighbaum's 2nd Addition Total net benefits Total net damages 00.00 00 .00 Respectfully submitted this 10th day of February, 1958 . R. s. Andrysiak City Civil Engineer suo I, Anthony J. Sabo, Clerk of the Board of Public Works and Safety of the City of South Bend, Indiana, do hereby certify that the above and foregoing is~a true and complete copy of proceedings in regard to the vaca- tion of the SECOND ALLEY EAST OF HIGH STREET FR~ BRCADWAY NORTH TO THE SOUTH LINE OF THE ALLEY NORTH OF BROADWAY, SUBJECT TO RETENTION OF UTILITY EASE- S, under acation esolution o. 2875 , 1958 Given under my hand and the seal of this office, this 13th day of March, 1958. of Public Works and Safety th Bend, Indiana 42.. 7::,~ NO ... ~.f1£ ..... , 19S9 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA: That it is desirable to vacate the following: TH£ SEOOND ALLEY EAST OF HIGH STREET OF THE ALLEY NORTH OF BROAD AY, SUBJECT TO RETENTION OF UTILITY EASEMENTS The following property may be injuriously or beneficially effected by such vacation: LOTS NUM8£RED 123 and 124 WENGER and KRE IGHBAUMS 2nd ADD H lON , v~, ,.. 1958 ~;.e::,i~~ • • •••••••• , ••• .... . .................. .. CITY OF SOUTH BEND SOUTH BEND, INDIANA CITY PLANNING COMMISSION ~12 January 16, 1958 BERT M CCLELLAN C ESTER MUSZYNSKI :iALE:N 8. SARGENT ~LES A . VAN DEVEIAE .-==1" R. WEST The Honorable Boa r d of Works City of South Bend South Bend , Indiana Gentlemen: The attached peti t ion to vacate approx imately 140 feet of the second no r th-south alley east of Hi gh Street and north of Broadway was brought up at the regular meeting of January 9, 1958. The fol lowing act ion was taken: After due consideration it was du ly moved , seconded and unan imously carried that the petition be recommended favorably subject to retention of utility easements. RLH/mah Attach . Very truly yours, PETITION South Bend, Indiana, August _i_, 1957 TO The Honorable Board of Public Works of t h e City of South Bend, Indiana. Gentlemen: The undersigned property owner petitions your Honorable Board to vacate an alley running and extending north from East Broadway to an alley running and extending east from High Street, which said alley is the second alley to the east of H igh Street and extending north from Broadway east of High Street. Yours respectfully, RELIABLE DAIRY, INC. _]t; =1 =:J ~□ PENNSYlYANIA AVE. -1~ . -----------1 '------I ~ROA~WAY u1 ~ -~ ~ □□~ ~--~ ~-----= ~---'-~-----'-'-'-----I \ \ = '2.00 .- ST A TE OF INDIANA ST. JOSEPH COUNTY } ss: ACATION RESOLUTION NO. 2875 1158 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA: That it is desirable to vacate the ollowing: The second alley east of High Street rom Broadway north to the south line of the a!ley north of Broadway, subject to retention of utility easements. The following property may be injur• ously or beneficially affected by such acation. Lots numbered 123 and 124, WENGER AND KREIGHBAUMS 2nd ADDITION. Notice or this Resolution shall be pub-lished on the 31st day of January and on the 7th day o; February, 1958 in e South Bend Tribune and The Record. The Board, at its office in the City all on the 10th day of February, 1958 at 10:00 A.M. [CST] will hear and re• feive remonstrances from all persons interested in or affected by these pro-ceedings. _ 19~~opted -this 21Th day J,uruar:y, R. S. Andrysialc Frank J. Brunner Irving J. Smith BOARD OF PUBLIC WORKS AND SAFETY 2t 3 ' Personally appeared before me the undersigned C. G. LIVENGOOD Credit manager 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 Tribune for J..Al:-a ....... . ' ;d[_, _) Su':abed ;nd ,worn to before t e thi, .... 7.. ~-....... . dayol ~~$1 Notary Public My commission Expires May 10, 1961 Charges~ .. t. ~ .. 9 / ......... . Claim Form No. 201 10m, rate per day, rith the blue copy Dr. .ARS CTS, ~ lo4- ' -- ly due, after al- -r-1 MJ 53. Form Prescribed by the State Board of ccounta. 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, ~r, hundred, per pound, per ton, etc., and accompanied with the blue copy of requisition. • City of South Bend, Indiana On Account of Appropriation To k & 1k l:&..v,~ s:ZJw,AJl.., Dr. Street Requisition No. __________ _ Address-=a<J~-""""'---"=----'-----'=----<--==---=1J==p""'---------- ITEMIZED CLAIM DOLLARS CTS. I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after al-"' lowing all just credits, and that no part of same has been paid. Signature ___ .(} __ ~J_~-l._l_'!~~<-_<-_~ff-_r-1 ______ _ Title ____._(2_.,<..'Jt.-""'~=-=-="""---'J;""'--'-]1__,______,1/LQ..~~~-"--r'F--V~-- This certification is in compliance with new Indiana Law;Chap. 155-SB 288; effective July 1, 1953. RETURN BLUE COPY OF PURCHASE ORDER WITH CLAIMS. .. COPY OF PUBLICATION PRINT V ACATIQ~ ;R-ESOLUTION NO .. 2875, 195S HESOLVED BY TI!E BOAR:0 OF PUBLIC WORKS OF Tim' CITY OF SOUTH BEND, INDIANA: Thai il: is clcNlrublc to vacate the. following: Tl1c second alley East of High Sti·cct from Broadway North to tlw South line of the alley Nort~ ol' Btoadway, subject ;t<;> retention or utility easements. The following property may be in,-! urlously or beneficially affected l;lY ~uc.:h vacation: Lots Numbered 123 and 124. WENGER ANQ KREIGHBAUMS 2nd ADDITION. NOTICE of this Resolution shall be published on the 31st day cif January nnd on the 7tt) day of February, 1958 :n the South Bend Tribune a(l.d The nccord. · · ·· ·rtic Doard, at its office in the City I 11111 on lhc lOlh day of February, 1958 11t 10:00 A. M. (C.S.T.) will hear and rl'CCI vo Tcmonslrances from all persons intcrcslccl If) or affected by these pro-ceeding:,. ·· Adopted this 27th day of January, i958. . R. S. ANDRYSIAK J<'RANI< J. BRUGGNER IRVING J. SMITH BOARD OF PUBLIC WORKS AND SAFETY.• 1:31; 2 :7 THE RECORD, South Bend, Ind. 307 W. Jefferson Blvd. Phone: CE 3-8868 PROOF OF PUBLICATION State of Indiana, St. Joseph County, sa. Personally came before me, the undersigned, -----------.S....J-I+.._F..i.ck5-'\L---------------• who on oath says:' that _bl! __ is J;1dlior of THE RECORD and of Record Press Corporation, the publishers thereof; that _Jl8... __ is authorized to make this affidavit in its behalf; that THE RECORD (successor to The Mirror) is a public newspaper of general circulation 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, j was published in said newspaper for_ __ .ur-0-___ weeks, successively, to-wit: I'.. , On the_ __ .3.ls.t-____ day oL..J...f\nl.lnT~ __ _:-;:__ 19~--~ii~, :il ~ ;:t.\,l!; On the ____ _J.:th._ ____ day oLl'.!!J:>.TI!Jl_r_y_ __ ~_ 19 ---.'. On the__ And on_ Subscn day of_ ___ _ My commission expires ______________ 195 __ _ ___________ 195_ F¥ $...1-.SS-ach $ __ re me this--'l: --~19 , _ _,', '------Notary Publtc. ____ -2..J-9.j.s2.. _________________ _ (Sw) To ___________________________ ·--------------Proof of publication, of which tbu i, an exact duplicate and original affidavit for your files, has been filed with the clerk of the court, or other authority, from which the order of publication issued. It can be used, if necessary, in caae of the original, filed officially, is mislaid or lost. RECORD Pl\ESS CORP., Publiaben. COPY OF PUBLICATION PRINT VACATION RESOLUTION NO. 2875, 1958 NOTICE is he1·eby given that the Board of Public Works and Safety 01 the City of South Bend, Indiana will on the 10th day of March, 1958 at 10:00 A. M. (C.S.T.) at its office in the City Hall holding a meeting tor the purpose of taking final action on Vacation Resolution No. 2875, same being as lollows: ]1ESOL VED BY THE BOARD 0.1\ PUBLIC WORKS AND SAFETY OJ<' THE CITY OF sou·rH BEND, INDI-ANA: That it is desirable to vacate the following: The second Alley East of High Street from Broadway North to the South line of the Alley North of Broadway, subject to retention of utility easements. The following property may be in-uri0usly or beneficially affected by uch vacation: Lots Numbered 123 and 124-Wenger and Kreighbaum's 2nd AclditiQl1, 'I'OTAL NET BENEFITS ____ , 00.00 'l'OTAL NET DAM.AGES----00.00 Respectfully submitted this 10th day :of February, 1958. R. S. ANDRYSIAK. City Civil Engineer. 2:14-21-28 THE RECORD, South Be 307 W. Jeff~rson Blvd. I _._ PROOF OF PUBLI~ _State of Indiana, St. Joseph Count,l Personally came before me -------E,-P,-Miokcl~----------on oath says: that ---rut---is~~r o and of Record Press Corporation, the, that ---~--is authorized to make t behalf; that THE RECORD (success, is a public newspaper of general circu published in the English language in Bend, in the aforesaid county and stat which the copy attached hereto is a tru was published in said newspaper for_ successively, to-wit: On the_ __ l4tl:t--t---day oL-~o.br On the_ __ 2lat-----day of_ ____ ~ On the ___ 28th _____ day oL_ And ,~ ___ _ihlday ~f_ ____ _ Fee Subs~i~d and sworn to before ~ day of_ __ ----------1~---:r,.+~-commission expires ------------To _______________________________ _ Proof of publication, of which tbu is a original affidavit for your files, baa been filed court, or other authority, from which the issued. It can be used, if necessary, in c~ officially, is mislaid or lost. RECORD PRESS C --58 .... -........ _._._ ._ __ _. ....... UULLAt<.:S en;. ---Jan-3, ... _,.. ,., ~--atien Reselut--ian # 2815, l9Se -..,._.,. -'O 11nes one ooJ.. w1e1e, 'two tJ.tnes @ .~1.0 per J.1no i7 56 -----:,;""--=..._ ----=-c:: -~ ---~ y certify that the foregoing account is just and correct, that the amount claimed is legally due, after al-lowing all just credits, and that no part of same has been paid. Date l.itxx~k--7'1cm...-rro-,.,cr--58 Signatu~1'"' ~~£.=.......= Title --B~813--J)8H"F----This certification is in compliance with new Indiana Law;Chap. 155-SB 288; effective July 1, 1953. RETURN BLUE COPY OF PURCHASE ORDER WITH CLAIMS. Form Prescribed by the State Board of Accounts. Revised City Claim 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 of South Bend, Indiana. On Account of Appropriation To <.rm:· .JU::COnD Dr. Requisition No. _________ _ Street ,, Address 307 w •. Jefferson ~,: 1s58 ITEMIZED CLAIM DOLLARS CTS. ' • ,..n Feb. 14-21-~ 8 -Ve.cation Resolution /b 2875, 1958 ,,, "' ., , --."t -~ A-,i.l,.. -,1,.~--ft ,:;, ~00 ---'14 -I\ n ,. ,.. ---...... .a ............ ---""-... ·-----, ___ ... --...... -......,-..,. ___ 4,-• --·--.,,. ~ --., ! ---~ I ---, ; ; _, I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after al-lowing all just credits, and that no part of same has been paid, Date Title ~aa-c:-c■ ?llr ~ e o 1 fron e -•-ed for pavement is ........................................ feet, at ............................................ per f ront foot ................................... . The otal frontage assessed for pavement is ........................................ feet, at ............................................ per front foot ................................... . The total frontage assessed for pavement is ........................................ feet, at ............................................ per front foot ................................... . " " " area area frontage frontage ~ewer is .............................................. sq. ft ............................................... " sq. fo-ot " " sewer is .............................................. sq. ft ............................................... " sq. foot " " grade is .............................................. feet at ............................................ per front foot ................................... . " '' curb is ................................................ feet at ............................................ per front foot ................................... . frontage " '' cement ,valk is .... -----------------·············feet at ............................................ per front foot ___________________________________ _ The total cost of the Impr,ovement is $ ................ 0.0 •. 0.0................ Amount assessed to City $ ................................................................. . And in the following tabular statement is given the name of each property owner on that 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 each tract of real estate, after deducting the aforesaid allowances. All of said real estate bordering on said improvements being in the Cit y of South Bend, St. J oseph County, Indiana. In describing said real estate, the following abbreviations are made to-wit: N. for North ; S. for South; E. for East; W. for West; for feet; ex. for except; Sd. for side; Ed. for end; C. for chains; L. for links; 0 . P. for original plat; B, L, for lots contained in e tate Bank of Indiana's 1st, 2nd and 3rd Plats of Out-Lots to the T-own of South Bend, which lots are numbered consecutively -ough the several plats, from 1 in 1st plat to 130 in 3rd plat; Add. for addition; Sub. for subdivision; L. f or Lowell; T. S. B. for Town of South Bend; ,C. S. B. for City of South Bend. Description of Real Estate Bordering on the Improvement ., ..., 0 ~ Name of Addition PA.RT OF LOT 'H 0 or Sub-Div. 0 z -soLVED y T BOARD OF PUBLIC iANA: it is desirable t THE SECOND ALLEY E NORTH TO THE SOlJrH SUBJECT TO RETENTI ..., ~ 0 '" 'H ..., Q) Q) NAME OF OWNER 'H 'H 0 0 z COY OF VACATION RESOLlJrlON No . 2875 RJ< AND SAFETY OF THE CITY te the following: T F HIGH STREET FROM BROAD UN OF THE ALLEY NORTH OF B 0 lJrlLITY EASEt.ENTS. $ -Cts. F SO TH AY OADW Y, $ £ND, ASSESSMENT NET DAMAGES Cts. $ Cts. . J ' ' The fol le wini ~ property may be in uuri ~usly or beneficially af "ectec y such ,aca .,.ion: LOTS Nl.MB£R£D 123 !,ind 124 123 enger & Kreighbau, Ins 00. JO 00 2nd Addition 124 If II 00. JO 0 '----' 1 ~,-- . - ,_ 00 00