HomeMy WebLinkAboutVacate - Ivy Road ORDINANCE No. 8686-96
Passed by the Common Council of the City of South Bend, Indiana.
June 24, 19 96
Attest: 7_, -!'- v City Clerk
LORETT:- J. DUD,
Attest:_._, x /W President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
June 25, 96
19
City Clerk
LORETTA d . DUDA
Approved and signed by me (v'! 26 z9_9
�' `� Mayor
ORDINANCE NO. go -%
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
Ivy Road from the North right-of-way line of South Bend Avenue
(S.R.23) to the South right-of-way of Edison Road for a distance
of approximately 260 feet in length and 60 feet in width; part
situated in the Northwest quarter of the West one-half of the
Northeast quarter of Section 6, Township 37 North, Range 3 East,
Portage Township, South Bend, St . Joseph County, Indiana.
The purpose and intent of vacating Ivy Road is for public
safety as State Road 23 will be expanded by the State of Indiana
to four (4) lanes. In addition thereto, the vacation of Ivy Road
will permit the continued vitality of three (3) long time
existing businesses at that intersection with adequate parking.
Pursuant to Indiana Code Section 36-7-3-12, the Common -
Council is charged with the authority to hear all petitions to
vacate 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:
Ivy Road from the North right-of-way line of South Bend Avenue
(S.R. 23) to the South right-of-way of Edison Road for distance
of approximately 260 feet in length and 60 feet in width; part
situated in the Northwest quarter of the West one-half of the
Northeast quarter of Section 6, Township 37 North, Range 3 East,
Portage Township, South Bend, St . Joseph County, Indiana.
hereby determines that it is desirable to vacate said property.
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,
including, but not limited to, the following: electric,
telephone, 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:
University of Notre Dame
SECTION IV. The purpose of the vacation of the real
property is to:
Assure public safety as State Road 23 will be expanded to
four (4) lanes and the Department of Engineering for the
City of South Bend supports said vacation of Ivy Road.
In addition thereto, the vacation of Ivy Road will permit
the continued vitality of three (3) long time existing
businesses at that intersection with adequate parking.
SECTION V. This Ordinance shall be in full force and effect
from anti aft-Pr i to naaaamm by i-ha rnmmnn Onnnri l and annrnval by
PETITION TO VACATE PUBLIC RIGHT-OF-WAY
(STREET)
TO THE COMMON COUNCIL DATE
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE:
A. THE STREET DESCRIBED AS :
Ivy Road from the North right-of-way line of South Bend Avenue
(S.R. 23) to the South right-of-way of Edison Road for a distance
of approximately 260 feet in length and 60 feet in width; part
situated in the Northwest quarter of the West one-half of the
Northeast quarter of Section 6, Township 37 North, Range 3 East,
Portage Township, South Bend, St . Joseph County, Indiana.
NAME (printed and si•ned) ADDRESS
44 LA-A-1:-.1 / 54405 Old Bedford Trail
Patrick 0 iva Mishawaka, IN 46545
,,,,,,', 1314 Cantondale Lane
;,_ -°Jo e A. .Catanzarite Mishawaka, IN 46544
A f!t r
t. ,-7 1314 Cantondale Lane
wPhyllis
atanza ite Mishawaka, IN 46544
CONTACT PERSON:
Anthony M. Zappia
Attorney at Law
52582 US 31 North
South Bend, Indiana 46637
Telephone : 219-277-8720
Loretta J. Duda
City Clerk
Room 455, County-City Building
Rnut-h Pl=nri Tnrii ana Aggn1
COMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee
to whom was referred
BILL NO.
31-96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: IVY
ROAD FROM THE NORTH RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE
(S.R.23) TO THE SOUTH RIGHT-OF-WAY OF EDISON ROAD FOR A
DISTANCE OF APPROXIMATELY 260 FEET IN LENGTH AND 60 FEET
IN WIDTH; PART SITUATED IN THE NORTHWEST QUARTER OF THE
WEST ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 6,
TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA
RespecOdly report that they have examined the matter and that in their opinion this bill
has been recommended to the Council favorably.
Cleo Washington
Chairman
STREET VACATION
The street to be vacated is described as Ivy Road from the North right-of-way line of South Bend
Avenue(S.R. 23)to the South right-of-way line of Edison Road for a distance of approximately 260
feet in length and 60 feet in width;part situated in the Northwest quarter of the West one-half of the
Northeast quarter of Section 6,Township 37 North, Range 3 East, Portage Township, South Bend,
St. Joseph County, Indiana.
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