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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) XXXtEXKTREEEXDI•}SxREB DXK9X jcxxxxxxxxxxxxxxxxxxxxxgMbotlAt xTIRRIG IxIlikkkxxxxxx xxxxxxxxxxxxxxxxk etittig A cIttiMXxxxxxxXXX) ' 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 II i28 I 615 6 6 61 71618 119 60 621 6/2 62,5 624 1 625 1626 f 27 69 610 6 j1 632 631 634 635 63ff`',' 63i 63i 6401-4 I I II I x.117 , 614 613 595 1 610 609 808 F• 605 1 604 i 601 600 599 598 597 596 593 592 591 590 1 589 594 V 612 r S T . SO NTH 577 578/ 579 580 581 582 583 564 585,`i I V • v 571 10111111' ' 1 ! 552 549550 0 61 362 363 364 365 366 (n 562 '561 /SUNNYMEUE Z X560 ;,z �,72 371 370 369 368 367 = 570 'Ii,, �S T . E 407 1 406 04 408 E 409 a50 �8411$41 Q� •�• E 410 �2 •� _` 0 E O .' E iR E 694! 693 691 690 689 .: I E 474 442 E Iti■ . wA�L I< Niii* � 70,700 11 702 .St 703 783 782 781 780 77 516 /'� 704 _ - G. ' 766 tia�`SOUTti 4r "Gj \,`\ // 2'r i \``-; z dP City of South Bend rr•ncH. �•I,1 "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