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Home My WebLink About8613-95 Vacate - First East West Alley North of W Delaware • • ORDINANCE No. 8613-95 Passed by the Common Council of the City of South Bend, Indiana_ August 28, 19 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 29, 95 19 City Clerk IRENE K. GAMMON Approved and signed by me &/3D 1996- Mayor T • ORDINANCE NO. - - ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The alley to be vacated is described as the first east-west alley north of W. Delaware St. from the east right-of-way line of S. Carlisle St. to the west right-of-way line of the first north-south alley east of S. Carlisle St. for width of 12 feet and a length of approximately 120 feet. Part situated in Highland Park First Addition to the City of South Bend, St. 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 alley to be vacated is described as the first east-west alley north of W. Delaware St. from the east right-of-way line of S. Carlisle St. to the west right-of-way line of the first north-south alley east of S. Carlisle St. for width of 12 feet and a length of approximately 120 feet. Part situated in Highland Park First Addition to the City of South Bend, St. 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 Numbered One Hundred Seventy-four (174) and One Hundred Seventy-five (175) as shown on the recorded Plat of Highland Park, an Addition to the City of South Bend. SECTION IV. The purpose of the vacation of the real property is to allow the garage that was built in the middle of the alley years ago to remain there. 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. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The alley to be vacated is described as the first east-west alley north of W. Delaware St. from the east right-of-way line of S. Carlisle St. to the west right-of-way line of the first north-south alley east of S. Carlisle St. for width of 12 feet and a length of approximately 120 feet. Part situated in Highland Park First Addition to the City of South Bend, St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: NAME (printed and signed) ADDRESS LOT NO. John W. Flint 2002 Carlisle Street Nicole D. Flint South Bend, IN 46613 174 & 175 '�- -' l=-6 IRENE GAMMON CONTACT PERSON: CITY CLERK ROOM 455 GAYLEN W. ALLSOP COUNTY-CITY BUILDING ALLSOP LAW FIRM SOUTH BEND, IN 46601 100 WEST THIRD STREET MISHAWAKA, IN 46544 (219) 255-6065 • February 6, 1995 ALLEY VACATION The alley to be vacated is described as the first east-west alley north of W. Delaware St. from the east right-of-way line of S. Carlisle St. to the west right-of-way line of the first north-south alley east of S. Carlisle St. for width of 12 feet and a length of approximately 120 feet. Part situated in Highland Park First Addition to the City of South Bend, St. Joseph County, Indiana. 1 1 4 1 05 68 Sy -- .`'' 74 185 113 67 132 81 26 126 73 112 - 60 1884 133 80 27 127 72 107 66 61 183 134 79 28 128 71 111 108 65 110 _ 62_ 182 135 78 -�" 129 70 109 64 63 181 136 77 130 69 30 131 r. 6f CALVERT 258 235 234 211 1 w 80 137 76 257 ,- 236 W 31 132 T ---�- _ 233 0 212 J 179 �1 256 V 237 232 Q 213 178 75 32 133 66 255 CE 238 231 14 - 74 33 134 if 65 _ J 177 110 `C 254 239 --�Z 230 215 - ,1______7 6 �� 34 1 35 64 25.3----3--- J . i 240 229 , j' 175- �n� 35 136 63 1 252 241 228 217' 36 137 62 MI �_ 7 1 74 ® �/70 �� 24 2 227 ■� 144J 37 138 61 243 226 �� --� i 69 38 139 � 60 172 68 24� 244 22 5 ;gig 17t �— W _- 3�_ 140 59 245 224 ® �� 67 40 141 -� - -+76- - ® 58 CM 2�6 223 ® 169 Q 41 142 57 42 143 �_ 5 6 DELAWARE 260 ST . 259 0 261 262 263 264 1 68 '�— Z 265 266 267468-464-974 64 43 1 44 55 ry -4.6.7- ' 150 63 �_ 44 145 166 -- 54 '482--484-280 279 278 277 276 275 274 ® 45 146 165 �— 53 a 273 272 271 61 46 "--- _ 147 i64 ® 60 ~ —Y H I LLS I DE AVE . . 11, _ �� _ =7 _ Q _ 148 5 283< 285 286.287288 - -se-- = —49 0 149 T CE84 289 290 291 292 293® _ _ _ _ 1 50 0 57 151 Ned in Clerk's Office JUL 18 695 /5 N GA NON CITY CLERK,SO.SEND,IN • QiAtntntttn Erport Zo the Common flour tl of tilt O ttg of$mutt! &tit: Your Committee of the Whole to whom was referred BILL NO. 41-95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF W. DELAWARE ST. FROM THE EAST RIGHT-OF-WAY LINE OF S. CARLISLE ST. TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF S. CARLISLE ST. FOR A WIDTH OF 12 FEET AND A LENGTH OF APPROXIMATELY 120 FEET. PART SITUATED IN HIGHLAND PARK FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. 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 ALLSOP LAW FIRM GAYLEN W. ALLSOP 100 WEST THIRD STREET TEL. (219) 255-6065 Attorney at Law MISHAWAKA, INDIANA 46544 FAX (219) 255-6883 June 29, 1995 City Council of the City of South Bend, Indiana c/o The City Clerk Room 455 County-City Building South Bend, IN 46601 Re: Alley Vacation Dear Honorable Council: Please find enclosed the Petition of John W. and Nicole D. Flint of 2002 Carlisle Street, South Bend, Indiana 46613, to vacate an alley running between their presently owned lots No. 174 and 175. I am also enclosing, in addition to the fully completed and signed Petition, the following: 1. An original ordinance to vacate. 2. A $150.00 check payable to the City of South Bend. 3. A radius map obtained from the South Bend City Engineering Department. 4. One set of addressed envelopes properly stamped for certified mail for each property owner within 150 feet of the exterior boundaries of the alley to be vacated. It should be noted that the alley lies between Lots 174 and 175, both of which lots are owned by the Petitioners. In addition, the garage sitting on the alley to be vacated had been there for a number of years, and as a result neither the public nor the City of South Bend has used or needs this alley. If you have any questions, please let me know. Very truly yours, �. /10 .� Gayle W. Allsop GWA/rea . Enc. `r in Clerk's Office JUL 18 1995 IRENEGAM? P CITYCLERK,SO.SEND,4r . ,ac catzur: S�UTy 8 ,, X0 1 1, C �o t \` d City of South Bend y \FacF:/ !a Y J� f a� � Joseph E. Kernan, Mayor x 1865 „xc' 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: Tthe first east-west alley north of W. Delaware Street from the east right-of-way line of S. Carlisle Street to the west right-of-way line of the first north-south alley east of South Carlisle Street for a width of 12 feet and a length of approximately 120 feet. Part situated in Highland Park First Addition to the City of South Bend, St. Joseph County,Indiana For your information, the Board of Public Works received favorable recommendations from the Depaitnnent 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 K.Jacob,Cle-r 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