HomeMy WebLinkAboutVacate - East West Alley south of Sunnymede Ave ORDINANCE No. 8693-96
Passed by the Common Council of the City of South Bend, Indiana.
July 22, 19 96
Attest: City Clerk
LORETTA J. DUDA
Attest: /d President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
July 23, 96
rg
City Clerk
LORETTA J. 4UDA
Approved and signed by me 9,16 z4 ig_LSCZ
C-1,44/04- C• Mayor
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Ordinance No. A-
An ordinance to vacate the following descripted property
The first east-west alley south of Sunnymede Ave. from the east right of way line of S.
Twyckenham Dr. to the property of lot 873, Whitcomb and Keller's Fourth Addition to
Sunnymede, running adjacent to Grand Trunk Western Railway for a distance of
approximately 165 feet and a width of 16 feet. Part situated in Whitcomb and Keller's
Fourth Addition to Sunnymede in the City of South Bend.
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 described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCILOF THE CITY OF
SOUTH BEND, INDIANA , As Follows:
SECTION I . The Common Council Of South Bend having held a hearing on the
petition to vacate the following property:
The first east-west alley south of Sunnymede Ave. from the east right of way line of S.
Twyckenham Dr. to the property of lot 873, Whitcomb and Keller's Fourth Addition to
Sunnymede, running adjacent to Grand Trunk Western Railway for a distance of
approximately 165 feet and a width of 16 feet. Part situated in Whitcomb and Keller's
Fourth Addition to Sunnymede in the City of South Bend.
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:
Lot 873
SECTION IV. The Purpose of the vacation of the real property is to:
Put property back on tax roll
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.
Member of the Common C uncil
1st READING hl 9 k Filed In Clerk's Office
PUBLIC HEARING 022-g6, ,
3rd READING 7,,2 96
NOT APPROVED / P\ 1 0 1996
REFERRED
PASSED 7--,22—96 LORETTAJ. DUDA
CITY CLERK,SO.BEND,IN.
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COMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee
to whom was referred
BILL NO.
26-96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST EAST-WEST ALLEY SOUTH OF SUNNYMEDE AVE. , FROM THE
EAST RIGHT-OF-WAY LINE OF S. TWYCKENHAM DR. , TO THE
PROPERTY OF LOT 873, WHITCOMB AND KELLER'S FOURTH ADDITION
TO SUNNYMEDE, RUNNING ADJACENT TO GRAND TRUNK WESTERN
RAILWAY FOR A DISTANCE OF APPROXIMATELY 164 FEET AND A
WIDTH OF 16 FEET. PART SITUATED IN WHITCOMB AND KELLER'S
FOURTH ADDITION TO SUNNYMEDE IN THE CITY OF SOUTH BEND.
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 3-0 7-q6
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The 1st 2nd east—west north—south) ALLEY (east/west/north/lout ) of
$Uf e d STREET, RUNNING eas west/north/south RO
�" STREET, FOR A DISTANCE OF APPROXIMATELY f 'i FEET
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TO:
ALL IN (insert subdivision name)
B. THE STREET DESCRIBED AS:
STREET, FROM STREET,
RUNNING (east/west/north/south) TO STREET, FOR A
DISTANCE OF APPROXIMATELY FEET.
NAME (printed and signed) ADDRESS LOT #
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CONTACT PERSON:
CITY CLERK j(��1/� // 114, ei f
CITX CLERK Name / (i
ALLEY VACATION
The alley to be vacated is described as the first east-west alley south of Sunnymeade Ave. from
the east right-of-way line of S. Twyckenham Dr. to the east property line of Lot 873, Whitcomb
&Keller's Fouth Addition to Sunnymede,ruuning adjacent to Grand Trunk Western Railroad
for a distance of approximately 165 feet and a width of approximately 16 feet. Part situated in
Whitcomb & Keller's Fouth Addition to Sunnymede in the City of South Bend, Indiana.
- \ 1 7 168 I 176 177
165 166 I 178 179 180 18111811
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164 1 184 185 6
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AVE . SUNNYMEDE
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301 302 303 304 305 .306 307 308 309 310 311 312 313 ip
322 323 324 325 326 327 328329 330 331 332 3:
31 9 320
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RAILROAD
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6 \` o�, City of South Bend
'��� Joseph E. Kernan, Mayor
`�.z.,/865�1n
Board of Public Works
May 6, 1996
Members of the Common Council
Council Chambers
County-City Building,4th Floor
South Bend,Indiana 46601
RE: Alley Vacation
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 an Alley on the following:
The first east-west alley south of Sunnymede Ave. from the east right of way line of S. Twyckenham
Dr. to the property of Lot 873,Whitcomb and Keller's Fourth Addition to Sunnymede,running adjacent to
Grand Trunk Western Railway for a distance of approximately 165 feet and a width of 16 feet. Part situated
in Whitcomb and Keller's Fourth Addition to Sunnymede in the City of South Bend.
For your information,the Board of Public Works denies approval. The Division of Engineering and
Area Plan and the Department of Economic Development recommend not to vacate for these various reasons.
This alley would landlock the property to the east end of the alley and cut off any means of public access to
Lot 874. Additionally,two of the abutting property owners have not been listed on the petition and may not
have been notified. Attached are copies of the recommendations from the Depaitnient of Economic
Development,Department of Sanitation,City Attorney's Office,Fire Department,Police Department,Division
of Engineering and the Area Plan Commission concerning this vacation.
Sincerely,
AngeletYttiik-
Ja cob, C rk
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