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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 ,,�� .i" 9/ 'Atrut: ��_�L� _ , City Clerk 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 19 (7.40Elit -air- - - •«' City Clerk LORET A J. 'FA Approved and signed by me /—O-7 zg '`� o Mayor • ORDINANCE NO. 2-k55-- ✓ /KJ 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. (tnmmt##nr Ripon • 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. i 1 t'` E ; is i t K i°:, ?p fa r ( qJ f • t 1 RAIL ?SAD • 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 n TASTA 'MOUES 1143 SUNNYMEDE STREET 255 f i in li s sty- 1203 SUNNYMEDE STREET 254 e Ii .,1 .�J` =-1/ CHRISTINE TROEGER 1203 SUNNYMEDE STREET 254 CONTACT PERSON: IRENE GAMMON CITY CLERK Name DAVID TROEGER ROOM 455 Address 1203 SUNNYMEDE STREET sLiaa r.'Crrt 0:,.5).-SOU L 4 / yj w �\ d'1 City of South Bend s \, a --;'=„� `" � f a�,r Joseph E. Kerman, Mayor• ••''„ 1865 ,ry 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