HomeMy WebLinkAboutVacate - Second North South Alley East of South Eddy St, from North Right of Way Line East Sunnymede St ORDINANCE No. 8655-96
Passed by the Common Council of the City of South Bend, Indiana.
January 22, 1996
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ORET ► • J. DC,
Attest: ,&e3 President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
January 23, 96
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LORET A J. 'FA
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ORDINANCE NO. 2-k55--
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AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY
THE SECOND NORTH-SOUTH ALLEY EAST OF SOUTH EDDY STREET, FROM
THE NORTH RIGHT-OF-WAY LINE OF EAST SUNNYMEDE STREET TO THE
SOUTH LINE OF THE FIRST EAST-WEST ALLEY NORTH OF SUNNYMEDE
STREET FOR A DISTANCE OF APPROXIMATELY 111 FEET AND A WIDTH OF
14 FEET. PART SITUATED IN WHITCOMB AND KELLER'S SUNNYMEDE
ADDITION TO THE CITY OF SOUTH BEND, SAINT JOSEPH COUNTY,
INDIANA
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 North-South Alley East of South Eddy Street,
from the North Right-of-Way Line of East Sunnymede Street
to the South Line of the First East-West alley North of
Sunnymede Street for a distance of approximately 111 feet
and a width of 14 feet. Part situated in Whitcomb and
Keller's Sunnymede Addition to the City of South Bend,
Saint Joseph County, Indiana
hereby determines that it is desirable to vacate said property,
subject to an Access Agreement being signed by the adjoining
property owners and it being recorded in the St. Joseph County
Recorder's Office, with a copy of such agreement being filed with
the City Clerk.
SECTION II. The City of South Bend hereby reserves the rights
and easements of all utilities and the Municipal Code 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 #254 and Lot #255
SECTION IV. The purpose of the vacation of the real property
is to:
Increase the security and safety of children, and enhance
the aesthetics of the surrounding properties.
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llin the fllnnunon Mounril of the Mitg of'nutll 3Prnh:
Your Committee of the Whole
to whom was referred
BILL NO.
88-95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE
SECOND NORTH-SOUTH ALLEY EAST OF SOUTH EDDY STREET, FROM
THE NORTH RIGHT-OF-WAY LINE OF EAST SUNNYMEDE STREET TO
THE SOUTH LINE OF THE FIRST EAST-WEST ALLEY NORTH OF
SUNNYMEDE STREET FOR A DISTANCE OF APPROXIMATELY 111 FEET
AND A WIDTH OF 14 FEET. PART SITUATED IN WHITCOMB AND
KELLER' S SUNNYMEDE ADDITION TO THE CITY OF SOUTH BEND,
SAINT JOSEPH COUNTY, INDIANA
Respectfully report that they have examined the matter and that in their opinion
This bill has been recommended to the Council favorable,
as amended.
Cleo Washington, Chairman
FREE PRESS PUBLISHING CO.
December 8, 1995
ALLEY VACATION
The alley to be vacated is described as the second north-south alley east of South Eddy Street,
from the north right-of-way line of East Sunnymede Street to the south line of the first east-west
alley north of East Sunnymede Street for a distance of approximately 111 feet and a width of 14
feet. Part situated in Whitcomb and Keller's Sunnymede Addition to the City of South Bend,
Saint Joseph County, Indiana.
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PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL DATE DECEMBER 18, 1995
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The (4t/2nd) (mot/north-south) ALLEY (easthiguatimpAchmotg0 of
mrrru Fnnv STREET, RUNNING (TAR t/north/ ) FROM
Fncm cj]nm7vWF11E STREET, FOR A DISTANCE OF APPROXIMATELY 111 FEET
TO:
THE SOUTH LINE OF THE FIRST EAST—WEST ALLEY NORTH OF EAST SUNNYMEDE STREET
WHITCOMB AND KFL1 R'S SUNNYMEDE ADDITION TO THE CITY OF SOUTH BEND
ALL IN (insert subdivision name)
SAINT JOSEPH COUNTY, INDIANA
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 •
CHARLFS JAWF',S 1143 SUNNYMEDE STREET 255
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TASTA 'MOUES 1143 SUNNYMEDE STREET 255
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i in li s sty- 1203 SUNNYMEDE STREET 254
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CHRISTINE TROEGER 1203 SUNNYMEDE STREET 254
CONTACT PERSON:
IRENE GAMMON
CITY CLERK Name DAVID TROEGER
ROOM 455 Address 1203 SUNNYMEDE STREET
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Board of Public Works
January 15, 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 a Street on the following:
The second North-South Alley East of South Eddy Street, from the North Right-of-Way Line of East
Sunnymede Street to the South Line of the first East-West Alley North of Sunnymede Street for a distance of
approximately 111 feet and a width of 14 feet. Part situated in Whitcomb and Keller's Sunnymede Addition
to the City of South Bend,St. Joseph County,Indiana.
For your information,the Board of Public Works received unfavorable recommendations from the
Department of Economic Development and the Division of Engineering concerning this vacation. The
Division of Engineering notes the following:
If the alley is vacated,there will be no way for 1143 Sunnymede or 1203 Sunnymede to access their garages
without encroaching on each others property. Each property owner would receive 7 feet of the vacated 14 foot
alley,no sufficient right-of-way for an auto to enter or exit the property. Copies of the recommendations
received from these departments are attached for your review.
Therefore,the Board submits to you an unfavorable recommendation concerning this vacation.
Sincerely,
Angela K. cob Cl
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