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Home My WebLink AboutVacation - Alleys LWW & Cushing Area ). ORDINANCE No. 8719-96 Passed by the Common Council of the City of South Bend,Indiana September 23. 19 96 Attest: JINN , 1, ,; City Clerk LO' TA J. .Sq,A Attest: < President of Common Council ° Presented by me to the Mayor of the City of South Bend,Indiana September 24, 19 96 `' ' % G[ City Clerk LORETTA J DUDA Approved and signed by me jet; w 1014 .25 19 u�--�' Mayor • ORDINANCE NO. 9 716/ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND EAST- WEST ALLEY NORTH OF LINCOLN WAY WEST FROM THE WEST RIGHT-OF-WAY LINE OF NORTH CUSHING STREET TO THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH CUSHING STREET; THE SECOND AND THIRD EAST-WEST ALLEYS NORTH OF LINCOLN WAY WEST FROM THE EAST RIGHT-OF-WAY LINE OF NORTH CUSHING STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH CUSHING STREET; THE FIRST EAST-WEST ALLEY SOUTH OF WEST LINDSEY STREET FROM THE EAST RIGHT-OF-WAY LINE OF NORTH CUSHING STREET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH CUSHING STREET; THE FIRST EAST-WEST ALLEY SOUTH OF WEST LINDSEY STREET FROM THE WEST RIGHT-OF-WAY LINE OF NORTH SCOTT STREET TO THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH- SOUTH ALLEY WEST OF NORTH SCOTT STREET; THE THIRD EAST-WEST ALLEY SOUTH OF WEST LINDSEY STREET FROM THE WEST RIGHT-OF-WAY LINE OF NORTH SCOTT STREET TO THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH SCOTT STREET. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12 , the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. THE COMMON COUNCIL OF THE CITY OF SOUTH BEND HAVING HELD A PUBLIC HEARING ON THE PETITION TO VACATE THE FOLLOWING PROPERTY: The second east-west alley north of Lincoln Way West from the west right-of-way line of North Cushing Street to the east right-of-way line of the first north-south alley west of North Cushing Street for a distance of approximately 128 feet and a width of 14 feet. Part situated in Cushing and Lindsey's Subdivision. The second and third east-west alleys north of Lincoln Way West from the east right-of-way line of North Cushing Street to the west right-of-way of the first north-south alley east of North Cushing Street for a distance of approximately 160.38 feet each and each having a width of 14 feet. Part situated in Kent's Subdivision of Bank Out lot 114 and Bank Out Lot 113. The first east-west alley south of West Lindsey Street from the east right-of-way line of North Cushing Street to the west right-of-way line of the first north-south alley east of North Cushing Street for a distance of approximately 160.38 feet and a width of 14 feet. Part situated in Miller's Subdivision of Bank Out Lot 113. The first east-west alley south of West Lindsey Street from the west right-of-way line of North Scott Street to the east right-of-way line of the first north-south alley west of North Scott Street for a distance of approximately 160.38 feet and a width of 15.18 feet. Part situated in Miller's Subdivision of Bank Out Lot 113. The third east-west alley south of West Lindsey Street from the west right-of-way line of North Scott Street to the east right-of-way line of the first north-south alley west of North Scott Street for a distance of • SECTION II. THE CITY OF SOUTH BEND HEREBY RESERVES THE RIGHTS AND EASEMENTS OF ALL UTILITIES AND THE MUNICIPAL CITY OF SOUTH BEND,INDIANA TO CONSTRUCT AND MAINTAIN ANY FACILITIES, GAS, WATER, SEWER, SURFACE WATER, CONTROL STRUCTURES AND DITCHES,WITHIN THE VACATED RIGHT-OF-WAY,UNLESS SUCH RIGHTS ARE RELEASED BY THE INDIVIDUAL UTILITIES. SECTION III. THE FOLLOWING PROPERTY MAY BE INJURIOUSLY OR BENEFICIALLY AFFECTED BY SUCH VACATING: Alley 1 - Alley between 515 and 521 N. Cushing 515 N. Cushing: Lot Numbered One and Two (2) and 40 feet North end as shown on the recorded Plat of Cushing and Lindsey's Addition to the City of South Bend 521 N. Cushing: Lot Numbered Three(3) and a tract or parcel of land Ten(10) feet in width, North and South, taken off of and from the entire length of the South side of Lot Numbered (4) as shown on the recorded Plat of Cushing and Lindsey's Addition to the City of South Bend. Alley 2 - Alley between 514 and 522 N. Cushing 514 N. Cushing: Lot Numbered Fifteen (15) as shown on the recorded Plat of James D. Kent's Subdivision of Bank Out Lot 114 and 1 acre taken off of and from the South side of Lot Numbered 113 of the Third Plat of Out Lots of the Town, now City of South Bend. 522 N. Cushing: Lot Numbered Fourteen(14) as shown on the recorded Plat of James D. Kent's Subdivision of Bank Out Lot 114 and 1 acre taken off of and from the South side of Lot Numbered 113 of the Third Plat of Out Lots of the Town, now City of South Bend. Alley 3 -Between 528 and 602 N. Cushing Street 528 N. Cushing: Lot Numbered Thirteen (13) as shown on the Recorded Plat of James D. Kent's Subdivision of Bank Out Lot Numbered One Hundred Fourteen(114), and one acre off the South side of Bank Out Lot Numbered One Hundred Thirteen(113) of the Third Plat of Out Lots of the Town, now City of South Bend. 602 N. Cushing: Lot Numbered Twelve (12) as shown on the recorded Plat of James D. Kent's Subdivision of Bank Out Lot Numbered One Hundred Fourteen(114), and one acre off the South side of Bank Out Lot Numbered One Hundred Thirteen(113) of the Third Plat of Out Lots of the Town, now City of South Bend. Alley 4 -Between 612 and 614 N. Cushing Street 612 N. Cushing: A strip of land Twenty-six(26) feet and Nine(9) inches in width taken off of and from the North side of Lot Numbered Twenty-four(24)in William Miller's Subdivision of Bank Out Lot Numbered One Hundred Thirteen (113) as shown on the Third Plat of Out Lots of the Town, now City of South Bend. 614 N. Cushing: The South Half(1/2) of Lot Numbered Twenty-five(25) as shown on the recorded Plat of William Miller's Subdivision of Bank Out Lot Numbered One Hundred Thirteen(113) of the Third Plat of Out Lots of the Town, now City of South Bend. Alley 5 -Between 615 and 617 N. Scott Street 615 N. Scott: Lot 19 in William Miller's Subdivision of Bank Out Lot Numbered One Hundred • • Alley 6 -Between 531 and 533 N. Scott 531 N. Scott: Lot 19 of Kent's Subdivision of Bank Out Lot 114 and Part of Bank Out Lot 113 of the Third Plat of Out Lots of the Town, now City of South Bend. 529 N. Scott: Lot 11 of Kent's Subdivision of Bank Out Lot 114 and Part of Bank Lot 113 of the Third Plat of Out Lots of the Town, now City of South Bend. SECTION IV. THE PURPOSE OF THE VACATION OF REAL PROPERTY IS TO help implement the Near Northwest Neighborhood Housing& Community Revitalization Plan(April 1992)to reduce unnecessary"pass through" traffic on the alleys. This would increase public safety and decrease crime by limiting the access to the areas behind peoples homes. Through traffic will be significantly reduced by closing these alleys. The proposed alley vacations will also provide a little more yard space for houses situated on 1/2 lots and will enhance the desirability of the six houses being rehabilitated by the Near Northwest Neighborhood Inc. and South Bend Heritage Foundation for resale to single family home owners of modest income. SECTION V. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL AND APPROVAL BY THE MAYOR. ci° Member of the Common Council COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 75-96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND EAST-WEST ALLEY NORTH OF LINCOLN WAY WEST FROM THE WEST RIGHT-OF-WAY LINE OF NORTH CUSHING STREET TO THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH CUSHING STREET; THE SECOND AND THIRD EAST-WEST ALLEYS NORTH OF LINCOLN WAY WEST FROM THE EAST RIGHT-OF- WAY LINE OF NORTH CUSHING STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH CUSHING STREET; THE FIRST EAST-WEST ALLEY SOUTH OF WEST LINDSEY STREET FROM THE EAST RIGHT-OF-WAY LINE OF NORTH CUSHING STREET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH- SOUTH ALLEY EAST OF NORTH CUSHING STREET; THE FIRST EAST- WEST ALLEY SOUTH OF WEST LINDSEY STREET FROM THE WEST RIGHT-OF-WAY LINE OF NORTH SCOTT STREET TO THE EAST RIGHT- OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH SCOTT STREET; THE THIRD EAST-WEST ALLEY SOUTH OF WEST LINDSEY STREET FROM THE WEST RIGHT-OF-WAY LINE OF NORTH SCOTT STREET TO THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH SCOTT STREET Respectfully report that they have examined the matter and that in their opinion this bill has been recommended to the Council favorably. Cleo Washington Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE: 08/15/96 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY(S)DESCRIBED AS: The second east-west alley north of Lincoln Way West from the west right-of-way line of North Cushing Street to the east right-of-way line of the first north-south alley west of North Cushing Street for a distance of approximately 128 feet and a width of 14 feet. Part situated in Cushing and Lindsey's Subdivision. The second and third east-west alleys north of Lincoln Way West from the east right-of-way line of North Cushing Street to the west right-of-way of the first north-south alley east of North Cushing Street for a distance of approximately 160.38 feet each and each having a width of 14 feet. Part situated in Kent's Subdivision of Bank Out lot 114 and Bank Out Lot 113. The first east-west alley south of West Lindsey Street from the east right-of-way line of North Cushing Street to the west right-of-way line of the first north-south alley east of North Cushing Street for a distance of approximately 160.38 feet and a width of 14 feet. Part situated in Miller's Subdivision of Bank Out Lot 113. The first east-west alley south of West Lindsey Street from the west right-of-way line of North Scott Street to the east right-of-way line of the first north-south alley west of North Scott Street for a distance of approximately 160.38 feet and a width of 15.18 feet. Part situated in Miller's Subdivision of Bank Out Lot 113. The third east-west alley south of West Lindsey Street from the west right-of-way line of North Scott Street to the east right-of-way line of the first north-south alley west of North Scott Street for a distance of approximately 160.38 feet and a width of 14 feet. Part situated in Kent's Subdivision of Bank Out lot 113 and Bank Out Lot 114. NAME (printed and signed) ADDRESS LOT# i '� L ail......∎ 521 N. Cushing Lot 3, Cushing and Lindsay's Subdivision f t g'-y, Executive Di for :end Heritage Foundation ...,r� AO��,am., 522 N. Cushing Lot 14, Kent's Subdivision Je P, 0 b,e / Executive Dire ii' S�� 1. ; -nd Heritage Foundation / ......ii, ArLdt.■- 528 N. Cushing Lot 13, Kent's Subdivision 4 ,f1�,_ 612 N. Cushing Northern Half of Lot 24, Miller's Subdivision Jeff Gi► ;',� �-cutive DirFtor South,:: I d eritage Foundation i,L . ' F fi 614 N. Cushing Southern Half of Lot 25, Millers Subdivision Jeff le ,/xecutive Dirtor Sout nd Heritage Fo 4 dation /li - 6) ? „9.4-- Lot 18, Millers Subdivision Name: Howard Bailey , , I ' / - ,, '1 1 �'� ,i L /. •, 6 [7 I, i 7 Lot 18, Millers Subdivision Name: Desiree Bailey/ / / P c.6.\c'Y Name: LaVerne Talbert Lot 19, Kents Subdivision Name: Name: Name: CONTACT PERSON: Anne Mannix Housing Development Manager South Bend Heritage Foundation 914 Lincoln Way West South Bend, IN 46616 (219)289-1066 ALLEY #1 - #.4 . Legal Descriptions and Radius Maps Alley Vacation The alleys to be vacated are described a; the second east-west alley north of Lincoln Way West from the west right-of-way line of North Cushing Street to the east right-of-way line of the first north-south alley west of North Cushing Street for a distance of approximately 128 feet and a width of 14 feet. Part situated in Cushing and Lindsey's Subdivision. the second and third east- west alleys north of Lincoln Way West from the east right-of-way line of North Cushing Street to the west right-of-way line of the first north-south alley east of North Cushing Street for a distance of approximately 160.38 feet each and each having a width of 14 feet. Part situated in Kent's Subdivision of Bank Outlot 114 and Bank Outlot 113. The first east-west alley south of West Lindsey Street from the east right-of-way line of North Cushing Street to the west right-of-way line of the first north-south alley for a distance of approximately 160.38 feet and a width of 14 , feet. Part situated in Millers's Subdivision of Bank Outlot 113. All alleys located in the City of South Bend, Saint Joseph County, Indiana. —. t-INDSEY ., Y? Q V. .�.�. ......,............ . .. al v O � 3 DER 5.._ Qy do- ._..... _ 110 11 • O u V t} Er al, ... .. .. A Y3 .. ' . ‘ i_ Filed In Clerk's Office "t�1 2 .4� Cry - 2 � �rf h m pr , 11.° 1 q::.0°7 , ,va ,.. k fNr... v z ; '`it LORETPA J aad _�_ \ �,. v'I CITY CLERK,sC.BEND,:F, 0�yRAL N SL I ALLEY #5 Legal Description and Radius Map • The alley to be vacated is described as the first east-west alley south of West Lindsey Street from the west right-of-way line of North Scott Street to the east right-of-way line of the first north- south alley west of North Scott Street for a distance of approximately 160.38 feet and a width of 15.18 feet. Part situated in Miller's Subdivision of Bank Outlot 113 City of South Bend, Saint Joseph County, Indiana. , Is LINDSEY .. . la € i €4, s € r w..... — 4 O r♦ y N 5 la 4t — "., ...11...E..._ all 11 7 la VAIVI ....... .................._,.._: , x. O .. e':.; h t4 Rl • < ........ ♦VJ Mw' hi �� l> ..•: X :'^r1„2 fl 1 I ror 1 i € (...) 47 ?S n M ;�RR/S MARION S3, ON': w € vRAt' L live, °N Filed in Clerk's office S coif AX o`'vs. (J a : y 3 I AUG 2 2 _ ,..... U�, 996 am. .C.9 @ \ LORETTA J. DuDA `'..._ CITY C .y r� � CLERK.SO.BEND,IN. c. 4 ( ( ( ( _4Q• ALLEY #6 Legal Description and Radius Map The alley to be vacated is described as the third east-west alley south of West Lindsey Street from the west right-of-way line of North Scott Street to the east right-of-way line of the first north- south alley west of North Scott Street for a distance of approximately 160.38 feet and a width of 14 feet. Part situated in Kent's Subdivision of Bank Outlot 113 and Bank Outlot 114 in the City of South Bend, Saint Joseph County,Indiana. la LINDSEY ., r i — { I i I f; s d3 £Q. I €I 1.... .......... ... .. ! 1 .K !i aA L>i _. ......._ 1 1r: it _ ........___._... 431.....- ;s ;C _ ..._..fig.... ._..... I 0 d� . -.............-..,._ .....,.._............_.,,__.. 0. 1 — ._, r y...._........... _ ................w............. ......._._.....,.�........_,......... ........ fi i il h ?,A ommilm •AI17 � a.t __.w w•: as .tX : mi Eas h t sg V y i rr,, i f k£N & ��ccc4 33333 , ,,2 I`' ba Q4/0,/S 1 knata sr. Ia1A? _ W 0/V, CO-11111 -,+~' A S s Filed in Clerk's Office V coµtN R so. t, �r :r _ 1 �, y � =AUG am, �.� ti-_ ? s LORETTA J. DUDA c � vV CITY CLERK,SO.BEND,IN I I { I =-a Q 4 1� I, I %o 00 � d" \\ , / z! City of South Bend 'y �� 1 � . / Joseph E. Kernan, Mayor /865 '.. .2.72, /865 Board of Public Works September 23, 1996 Members of the Common Council Council Chambers County-City Building,4th Floor South Bend,Indiana 46601 RE: Vacation of Alleys Dear Members of the Council: In accordance with Municipal Code Section 18-53.8,a favorable recommendation is being submitted to the Common Council concerning the Vacation of Alleys,as follows: The property to be vacated is described as the second east/west alley north of Lincolnway West from the west right-of-way line of North Cushing Street to the east right-of-way line of the first north/south alley west of North Cushing Street;the second ant third east/west alleys north of Lincolnway West from the east right-of-way line of North Cushing Street to the west right-of-way of the first north/south alley East of North Cushing Street;the first east/west alley south of West Lindsey Street from the east right-of-way line of North Cushing Street to the west right-of-way line of first north/south alley east of North Cushing Street;the first east/west alley south of West Lindsey Street from the west right-of- way line of North Scott Street to the east right-of-way line of the first north/south alley west of North Scott Street;the third east/west alley south of West Lindsey Street from the west right-of-way line of North Scott Street to the east right-of-way line of the first north-south alley west of North Scott Street. For your information,the Board of Public Works received favorable recommendations from the Department of Sanitation,Fire Department,Area Plan Commission,Department of Economic Development,Division of Engineering, and the Police Department concerning this vacation. Therefore,the Board submits to you a favorable recommendation concerning this vacation. 5 i cerely, ■ t Angela !acob,Clerk`� Attachments 1308 County-City Building•South Bend,Indiana 46601.219/235-9412•TDD(219)235-5567 John E.Leszczynski James R.Caldwell Jenny Pitts Manier