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Home My WebLink About8611-95 Vacate - First East West Alley North of Oak Street ORDINANCE No. 8611-95 Passed by the Common Council of the City of South Bend, Indiana_ August 14, /9 95 Attest: City Clerk IRENE K. GAMMON Attest: ' � President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— August 15, 95 19 City Clerk IRENE K. GAMMON Approved and signed by me �� -- Mayor ORDINANCE NO. 0 6 / / - 15- AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF W. OAK STREET FROM THE EAST RIGHT-OF-WAY LINE OF N. COTTAGE GROVE STREET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF N. COTTAGE GROVE STREET FOR A DISTANCE OF APPROXIMATELY 111.5 FEET AND A WIDTH OF APPROXIMATELY 13.86 FEET 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: FIRST EAST-WEST ALLEY NORTH OF W. OAK STREET FROM THE EAST RIGHT-OF-WAY LINE OF N. COTTAGE GROVE ST. TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF N. COTTAGE GROVE ST. FOR A DISTANCE OF APPROXIMATELY 111.5 FEET AND A WIDTH OF APPROXIMATELY 13.86 FEET 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: 418 North Cottage Grove Avenue 420 North Cottage Grove Avenue SECTION IV. The purpose of the vacation of real property is to: 1. Provide safety for all occupants residing in the apartment building located at 420 N. Cottage Grove Avenue. There have been numerous police documented incidents in the alley including an attempted rape of a former resident of Apartment #1. 4 . To make the neighborhood less traveled and safe. 5. To allow easier and closer access for my sick father. 6. To help control the constant litter problem. 7 . To reduce access and vulnerability of all vehicles owned by occupants of 420 Cottage Grove and surrounding neighbors. 8. To avoid constant harassment by people who ask for money and other things. 9. To avoid a future confrontation that could result in serious bodily injury or death if the alley is not vacated. 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. Me of Common Council emits itrt &part Ma the Como Qloi nrll of tilt fa1tg of +md ant of the Whole Your Committee to whom was referred BILL NO. 39-95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST-WEST ALLEY NORTH OF W. OAK STREET FROM THE EAST RIGHT-OF-WAY LINE OF N. COTTAGE GROVE ST. TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF N. COTTAGE GROVE ST. FOR A DISTANCE OF APPROXIMATELY 111 .5 FEET AND A WIDTH OF APPROXIMATELY 13.86 FEET 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 of the Whole Alley Vacation The alley to be vacated is described as the first east-west alley north of W. Oak Street from the east right-of-way line of N. Cottage Grove St. to the west right-of-way line of the first north- south alley east of N. Cottage Grove St. for a distance of approximatley 111.5 feet and a width of approximately13.86 feet. Part situated in Heintzman's Addition to the City of South Bend, St. Joseph County,Indiana. 1 1 --4� µ � 1''i PT.! 1 a e 2 RpL • 0 �— •C) OLFpyC CVS1" S• kfN c M,N�R 32 1 4 .2 31 pX SOS' 1 = 3t 30 AOp, COI'M\NOR 21 ■ 11 ``,, 'S 393 11 29 to I ,,`G 3 6 �- 2 yJ0 — —3— — E w :r 1a 7 -® � —1 t— — 4 'UERBR I NGER ST . 0 *� ` ------T— 0 ' ' 0 '..-■ 15 24 23 I 21 20 19 18 17 -`, 26 16 = 6 N `` ■ Q 27 0 ' 11 1 12 tj 11t 1�S t6 I II ' 0 OAK ST . 11 I I I U I I I OAK ST . 1281 - -1e- - 8 I I I I 11 —12.81— - ?9 - - - 1 1 7 I 61 15 t 3 I I 211— j - - - - -- - ed in Clerk's Office JUL 1 3 1955 /RENEGNA cmrCLER.. so W).t PETITION TO VACATE PUBLIC RIGHTS—OF—WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE -13`95 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The east 2nd) (east—west/north—south) ALLEY (east/west/north/south) of W. St. STREET, RUNNING (east/west/north/south) FROM Cottage Grove Ave STREET, FOR A DISTANCE OF APPROXIMATELY 111.5 FEET TO: the west right of way line of the first north—south alley east or B. Cottage Grove ave. ALL IN (insert subdivision name) I£eintzman' s Addition to the City of South Bend, St. Joseph County, IN. B. THE STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (east/west/north/south) TO STREET, FOR A DISTANCE OF APPROXIMATELY FEET. NAME (printed and si ned ADDRESS LOT # 5T= c•; N A . M D/(N `i2 C'f/A,� 6d�e CONTACT PERSON: IRENE GAMMON CITY CLERK Name At-)O OW G/ /'. .. . — 0/ ��__ , M ;;4"•SOUTH e, '" \\ 'If ' City of South Bend W ,,\rACr.� !aIN b � v! a� Joseph E. Kernan, Mayor ' x ..y), x �. 1865 , Board of Public Works August 7, 1995 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 an Alley on the following: The first east-west alley north of W. Oak Street from the east right-of-way line of N. Cottage Grove Street to the west right-of-way line of the first north-south alley east of N. Cottage Grove . Street for a distance of approximately 111.5 feet and a width of approximately 13.86 feet. 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. 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. Sincerely, Angela . acob,Cier 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