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Home My WebLink About8380-93 Vacate - Alley First North_South Alley East of S Emerson Ave South right-of-way line of E Chester St ORDINANCE No. 8380-93 Passed by the Common Council of the City of South Bend, Indiana. May ?4, 1g 9'1 t Attest: "" City Clerk IRENE K. GAMMON Attest: % ,__' ��. President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— May 25, ig 93 City Clerk IRENE K. GAMMON Approved and signed by me r ' \ c)-- Q ig Mayor ORDINANCE NO. 8380 - AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The alley to be vacated is described as the first north-south alley east of S. Emerson Ave. from the south right-of-way line of E. Chester St. to the north right- of-way of the first east-west alley south of E. Chester St., for a distance of approximately 133 feet and a width of approximately 14 feet; Part located in 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 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 north-south alley east of S. Emerson Ave. from the south right-of-way line of E. Chester St. to the north right- of-way of the first east-west alley south of E. Chester St., for a distance of approximately 133 feet and a width of approximately 14 feet; Part located in 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 vacation: Lots 760 and lots 761 on the South Side of E. Chester Street. SECTION IV. The purpose of the vacation of the real property is to: Allow the alley running between lots 760 and lots 761 on the South Side of E. Chester Street to revert to the owners of these lots for their use. 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 4 -02- -3-01 % OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The is nd) (east—west north—south ALLEY west/north/south) of G,w.vcco� 4 i/e_e S T, RUNNING (east west/north/south) FROM STREET, FOR A DISTANCE OF APPROXIMATELY ( 3'j FEET T0: I Le Aorfln r gINt -mot- w o tLe cirst east- (vest_ alle-y. c--}(A Ckeste ree� ALL IN Sc.-hh2� w.e Le 3r1 A '+(`insert subdivision name) SOt +L J3ev,,,0 1 A B. - STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (e. : :t/north/south) TO STREET, FOR A D OF APPROXI'► " FEET. NAME (printed and signed) Ji�DDRESS LOT # so,tk get"L)i)/i�r,,, c-ri �, a-5k 316. Ckester S1-reef /� 7b / U-0.‘N e I1-atLJee ku.re�C� s �s �� CkeSfer Stree� Sout�ge41w 76° CONTACT PERSON: IRENE RENEGANMON 13 emo /1), I„ TTU April 19, 1993 • Board of Public Works 1316 County-City Bldg. South Bend, IN 46601 ALLEY VACATION The alley to be vacated is described as the first north-south alley east of S. Emerson Ave. from the south right-of-way line of E. Chester St. to the north right-of-way line of the first east-west alley south of E. Chester St. , for a distance of approximately- 133 feet and a width of approximately 14 feet; Part located in Sunnymede Third Addition to the city of South Bend, Indiana. y 3 c/v,, �9 011 It `` y J-42c ( ', i L,, ,7 9 s o 0 scs 458.2 �j 9J O 5 Q �� 4a Will4 S3 55 58 40 99 h�D 18 61 I : • a a , .,, CeY y4 6� 'nn n v\. .p lis G • 5I 44 „ I �� pt ''' 42 41 5/ 407 47.25 WALL °o ��o .• 70 50 ,. ° ;� 7 0 IP. o p� � S $ h h m / ('�� S 'tee `• N4 61 428` is o 37 Sp 53 if 14 \'v �� ` ,� S-11 0 � � �K h ', ll �sr�,, 1 k� �8-6II9 yo e. o � � ^h NI 0 So E TE - tt Vs CI 'I 45-7 5l " b 52 t. so ,� / �g 6 0` 49 „ o v v V,7,', 'Q) > h ,*) 3 ro-i . �7S 3� ti,� si 4a �s 506 42.5 4 ..' .. ,I 6• ...0-"14.1 1 ^ M M h l , - I a • ^�`*F'n� .oj �, o' iI 40 ^ .50 42 kilt= rad 1 if 16 50 53 54 53 44 48 44 48 44 48 44 Mary Jane Chase Ray James Kevorkian 1302 Chester Street 1403 Chester Street South Bend, IN 46615 South Bend, IN 46615 Lot #764 Lot #767 Elizabeth D. Welling Victor & Esther C. Szabo 1306 Chester Street 1355 Mishawaka Avenue South Bend, IN 46615 South Bend, IN 46615 Lot #763 Lot #727 John P & Margaret M. Gibney Robert Scott and Mary Grace McCaw 7500 W. Jefferson Blvd. 1359 Mishawaka Avenue Fort Wayne, IN 46804 South Bend, IN 46615 Lot #762 Lot #729 John & Peggy Gibney Alvert E. Vincent 1310 Chester Street 1363 Mishawaka Avenue South Bend, IN 46615 South Bend, IN 46615 Lot #762 Lot #730 S. Eric & Kathleen M. Marshall Charesse Moore 1324 Chester Street 11555 Circle Way South Bend, IN 46615 Dublin, CA 94568 Lot #759 Lot #731 Sean J. Savage Stanley E. Mutti 1402 Chester Street 1409 Mishawaka Avenue South Bend, IN 46615 South Bend, IN 46615 Lot #758 Lot #732 & #733 Sidney & Judy Shroyer Dennis L. Girten Jr. 1406 Chester Street 1413 Mishawaka Avenue South Bend, IN 46615 South Bend, IN 46615 Lot #757 Lot #734 David A. & Marlene J. Rumbach 1401 Chester Street South Bend, IN 46615 Lot #766 Mnmmlttrr arpnrt In the Common &wwU of tie CV of*nu* fiend: Your Committee of the Whole to whom was referred BILL NO. 36-93 SECOND READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY EAST OF S. EMERSON AVE. FROM THE SOUTH RIGHT- OF-WAY LINE OF E. CHESTER ST. TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST-WEST ALLEY SOUTH OF E. CHESTER ST. , FOR A DISTANCE OF APPROXIMATELY 133 FEET AND A WIDTH OF APPROXIMATELY 14 FEET PART LOCATED IN SUNNYMEDE THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Thomas Zakrzewski Chairman R/R/1.1RRRI/RI/i*I� . SpU ,1 8\ e0 011114/ 1,6$ 1„ `, �` - ,z City of South Bend \�\FACE//,�a~\ \:� a�,. Joseph E. Kernan, Mayor 1�. ,,i• 1865:.4;,;�'''�� IIIRIIII.YYI•' Board of Public Works May 17, 1993 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 EAST OF SOUTH EMERSON AVENUE 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 Petition as filed by William and Mary Nash, 1316 Chester Street, and Duane & Kathleen Kurek, 1320 Chester Street, to vacate the following alley: The first north/south alley east of South Emerson Avenue from the south right-of-way line of E. Chester to the north right-of-way of the first east/west alley south of E. Chester Street, for a distance of approximately 133 feet and a width of approximately 14 feet; Part located in Sunnymede Third Addition to the City of South Bend, Indiana. For your information, the Board of Public Works received favorable recommendations from the Division of Sanitation, Police Department, Area Plan Commission, Division of Engineering, Department of Economic Development, Legal Department and Fire Department 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 John E. Leszczynski James R. Caldwell Mary H. Mueller MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS May 17, 1993 Page -2- Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, BOARD OF PUBLIC WORKS kaL/16. d,a0A4141-L Sandra M. Parmerlee, Clerk smp Enc.