HomeMy WebLinkAbout8532-94 Vacate - Alley to be vacated is described as the First south alley street east of S Sunnyside Ave ORDINANCE No. 8532-94
Passed by the Common Council of the City of South Bend, Indiana
22, 94
- 19
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 23, i9 94
City Clerk
IRENE K. GAMMON
Approved and signed by me / Ig
( 104— Mayor
•
ORDINANCE NO. I.t 3 Q - C)
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The alley to be vacated is described as the first north-
south alley east of S . Sunnyside Avenue from the north right-of-
way line of E. Belmont Avenue to the south right-of-way line of
E. South Street for a distance of approximately 222 .5 feet and a
width of 14 feet. Part situated in Whitcomb and Keller' s
Sunnymede, Third addition to the City of South Bend, Indiana.
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36-7-3-12, the Common
Council is charge 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 IT BE 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 north-
south alley east of S . Sunnyside Avenue from the north right-of-
way of E. Belmont Avenue to the south right-of-way line of E.
South Street for a distance of approximately 222 .5 feet and a
width of approximately 14 feet. Part situated in Whitcomb and
Keller' s Sunnymede, Third addition to the City of South Bend,
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: All lots in Whitcomb and
Keller' s Sunnymede, Third Addition to the City of South Bend.
Lots numbered, 456, 457, 458, 459, 460, 559, 560, 561, 562, 563,
564, 565, 566, 575, 576, 577, 578, 579, 580, 581, 602, 603, 604,
605, 606, 607 .
SECTION IV. The purpose of the vacation of the real
property is to:
1) . Increase the safety of the families and their children
from heavy motor vehicle traffic. 2) . Help eliminate vandalism
to the property of the abutting property owners . 3) . Increase
the privacy afforded to the abutting property owners .
SECTION V. This ordinance shall be in full force and effect
from and after its passage by the Common Coun it and approval by
the Mayor.
/. � _.
ember of the oer on Council
•
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
•
TO THE COMMON COUNCIL DATE July 29, 1994
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The (1st/1tt(dC) (3 -V3t(t/north-south) ALLEY (eat/X,rRng)iN XcYi w) of
so • . _ ; - ' ,r∎."X, RUNNING (( arizigignorth/ia FROM
E. Belmont Ave. R' Y, FOR A DISTANCE OF APPROXIMATELY 222 . 5 FEET
TO:
the south ric(ht-of-way line of E. South Street at a width
of approximately. 14 feet .
Whitcomb & Keller '.s Sunny �d?,. Third Addition to South Bend, IN.
ALL IN (insert a bivision name)
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NAME (printed and signed) ADDRESS LOT #
1337 E. Belmont Ave. 563
Willia . e
4i ' 1337 E. Belmont Ave. 563
l ancy . a�'i a •e
1341 E. Belmont Ave. 562
a ` 'y;epp
F' p �� 13. 36 E. South Street 579
i.-- =w 'a ris
' �� s 1336 F. South Street 579
leen a ris
XX.. 1330 E� South Street 578
thys
kit 1330 E. South Street 578
Margaret H. Matthys
' CONTACT PERSON:
IRENE GAMMON
CITY CLERK Name William Jaquinde
,
•
ALLEY VACATION
The alley to be vacated is described as the first north-south alley east of S. Sunnyside Ave. from
the north right-of-way line of E. Belmont Ave. to the south right-of-way line of E. South St. for
a distance of approximately 222.5' feet and a width of approximately 14 feet. Part situated in
Whitcomb & Keller's Sunnymede, Third Addition to the City South Bend, Indiana.
MONROE S T
I I I I I I I 1 I i I I I I C� I
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\``-; z dP City of South Bend
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"t � Joseph E. Kernan, Mayor
''Ng?›, 1865 .,,,-
Board of Public Works
August 22, 1994
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: PETITION TO VACATE THE 1ST N/S ALLEY E. OF S. SUNNYSIDE
Dear Members of the Council:
In accordance with Municipal Code Section 18-53 . 8, a favorable
. recommendation is being presented to the Common Council concerning
the Vacation Petition which has been submitted by :
William R. Jaquinde 1337 E. Belmont Avenue
Nancy A. Jaquinde 1337 E. Belmont Avenue
Clara E. Kaeppler 1341 E. Belmont Avenue
Andrew G. Makris 1336 East South Street
Kathleen Makris 1336 East South Street
Russ K. Matthys 1330 East South Street
Margaret M. Matthys 1330 East South Street
to vacate the following alley:
The alley to be vacated is described as the first north-
south alley east of S. Sunnyside Avenue from the north
right-of-way line of E. Belmont Avenue to the south
right-of-way line of E. South Street for a distance of
approximately 222.5 feet and a width of 14 feet. Part
situated in Whitcomb and Keller' s Sunnymede, Third
Addition to the City of South Bend, Indiana.
For your information, the Board of Public Works received favorable
recommendations from the Police Department, Fire Department,
Division of Engineering, Division of Sanitation and the Area Plan
Commission concerning this vacation. Copies of the recommendations
received from these departments are attached for your review.
1308 County-City Building•South Bend,Indiana 46601.219/235-9412•TDD(219)235-5567
John E. Leszczynski James R.Caldwell Jenny Pitts Manier
•
MEMBERS OF THE COMMON COUNCIL
August 22, 1994
Page -2-
Therefore, the Board submits to you a favorable recommendation
concerning this vacation.
Sincerely,
BOARD OF PUBLIC WORKS
,Z2CULCIP°.4
Sandra M. Parmerlee, Clerk