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Home My WebLink AboutVacate - Second East West Alley South of East Wayne St ORDINANCE No. 8660-96 Passed by the Common Council of the City of South Bend, Indiana. February 26, 19 96 . 4111111141! . Attest: miry" L ;.: / • Al City Clerk ORETT• J. D . DA Attest:. —6,6-ce / President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— February 27, 96 19 . ��_ ti %• 'r ' A�' -/, City Clerk LORETT■. J. D • Approved and signed me 07 /C Cl.„.,pPr 8►► by 19 °" Mayor ` ORDINANCE NO. g66 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The Second east-west alley south of East Wayne Street from the east right-of-way(line of South Saint Petter Street to the west right- of-way line of South Notre Dame Avenue for a distance of approximately 344 feet and a width of 14 feet; and the first north- south alley east of South Saint Peter Street from the south line of the first east-west alley south of East Wayne Street to the north line of the second east-west alley south of East Wayne for a distance of approximately 66 feet and a width of 14 feet . Part situated in Cottrell' s First 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 east-west alley south of East Wayne Street from the east right-of-way line of South Saint Petter Street to the west right- of-way line of South Notre Dame Avenue for a distance of approximately 344 feet and a width of 14 feet; and the first north- south alley east of South Saint Peter Street from the south line of the first east-west alley south of East Wayne Street to the north line of the second east-west alley south of East Wayne for a distance of approximately 66 feet and a width of 14 feet . Part situated in Cottrell' s First Addition to the City of South Bend, Saint 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: Lots 339, 345, 338 and 334 . SECTION IV. The purpose of the vacation of the real property is to: improve property to be used as play area by youth. SECTION V. This ordinance shall be in full force and effect • • Q1nmmtttrr larpnrt • �!n tie flontnwn Qlounrlt of the atttg of Ooutui irnd: Your Committee of the Whole to whom was referred BILL NO. 6-96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND EAST-WEST ALLEY SOUTH OF EAST WAYNE STREET FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH SAINT PETER STREET TO THE WEST RIGHT-OF-WAY LINE OF SOUTH NOTRE DAME AVENUE FOR A DISTANCE OF APPROXIMATELY 344 FEET AND A WIDTH OF 14 FEET; AND THE FIRST NORTH-SOUTH ALLEY EAST OF SOUTH SAINT PETER STREET FROM THE SOUTH LINE OF THE FIRST EAST-WEST ALLEY SOUTH OF EAST WAYNE STREET TO THE NORTH LINE OF THE SECOND EAST-WEST ALLEY SOUTH OF EAST WAYNE FOR A DISTANCE OF APPROXIMATELY 66 FEET AND A WIDTH OF 14 FEET. PART SITUATED IN COTTRELL'S FIRST 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. Cleo Washington, Chairman PETITION TO VACATE PUBLIC RIGHTS—OF—WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE Dec„_ember .1995 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: See Attached Exhibit A The (let/2nd) (east—west/north—south) ALLEY (east/west/north/south) of STREET, RUNNING (east/west/north/south) FROM STREET, FOR A DISTANCE OF APPROXIMATELY FEET TO: ALL IN Cottrell's First (insert subdivision name) Addition 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 L�O/T�,# Ralph V. Ganse 7 /.$]8 Edgewater_ . ✓"✓ • • CONTACT PERSON: IRENE GAMMON CITY CLERK Name Thomas M. Walz fief . .• Alley Vacation The alley to be vacated is described as the second east-west alley south of East Wayne Street from the east right-of-way line of South Saint Peter Street to the west right-of-way line of South Notre Dame Avenue for a distance of approximately 344 feet and a width of 14 feet; and the first north-south alley east of South Saint Peter Street from the south line of the first east-west alley south of East Wayne Street to the north line of the second east-west alley south of East Wayne for a distance of approximately 66 feet and a width of 14 feet. Part situated in Cottrell's First Addition to the City of South Bend,Saint Joseph County, Indiana. I II_.. 0.. ... WAYNE ST, _; , _ 1 1,--a : : # `s x;.fi _,:1 —J L .} QUIMBY i :s3 ,sw F-- s y _.._.,_ . f w, t. { f,..,4,; ... 0 t.t.. -."-^,,,,:i., -.',;�f z .nb; Fig a �-zi'k Office Ft d - 2 1996 CI a it CLERK,W.BGNY,IN. • HAHN,N, 'ALZ, KNEPP Al®D DVORAK ATTORNEYS-AT-LAW A PROFESSIONAL ASSOCIATION 509 WEST WASHINGTON AVENUE CHARLES W. HAHN(1909-1985) SOUTH BEND, INDIANA 46601 TELEPHONE WILFORD V.WALZ(1902-1993) (219)234-2118 JAMES P.KNEPP (219)232-5988 THOMAS M.WALZ (219)234-5400 MICHAEL A.DVORAK FAX(219)234-2119 WILLIAM L.WILSON February 26, 1996 THE COMMON COUNCIL OF THE CITY OF SOUTH BEND Room 455 County-City Building South Bend, IN 46601 RE: Bill Number 6-96 Petitioner: Estate of Ralph V. Ganser Dear Council Members: By this letter, please accept the Petition of the Estate of Ralph V. Ganser by Lila S. Ganser, Executrix, to vacate the Alleys described in the Petition to Vacate Public Rights-of-Way filed and identified as Bill Number 6-96. This Petition is filed so that these alleys can be vacated and the property can be better utilized as one contiguous piece of real estate for the development of recreational areas for the community's use comparable to a Boy's Club type of environment. Your consideration of this Petition is appreciated. Sincer- • W • • • DVORAK ' T •mas M. Walz , Attorney for t e E-tate of Ralph V. Ganser and for Patr' k J. McGraw TMW:dai SOUTH e Q . 0 \ 1 I, / 4'4, -t, �\\\„.__: ,` % °!Fj City of South Bend „- :� Joseph E. Kernan, Mayor ,.• x x ?, 1865 .,-cc`" Board of Public Works February 26, 1996 Members of the Common Council Council Chambers County-City Building,4th Floor South Bend,Indiana 46601 RE: Vacation of an Alley 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 east-west alley south of East Wayne Street from the east right-of-way line of South Saint Peter Street to the west right-of-way line of South Notre Dame Avenue for a distance of approximately 344 feet and a width of 14 feet; and the first north-south alley east of South Saint Peter Street from the south line of the first east-west alley south of East Wayne Street to the north line of the second east-west alley south of East Wayne for a distance of approximately 66 feet and a width of 14 feet. Part situated in Cottrell's First Addition to the City of South Bend,Saint Joseph County,Indiana. For your information, the Board of Public Works received favorable recommendations from the Department 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 subject to any utility easements that may be required. Copies of the recommendations received from these departments are attached for your review. Therefore,the Board submits to you a favorable recommendation concerning these vacations. Sin erely, Angela K. °.cob,Cler 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