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Home My WebLink AboutVacate - Alley to be vacated is described as the east west alley south east of Mishawaka Ave East right of way line of S Oakland Ave 3 ; '4 ORDINANCE No. 8325-92 Passed by the Common Council of the City of South Bend, Indiana _ December 14, 19 92 a �� Attest: City Clerk IRENE K. GAMMON Attest: ' �� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana December 15, 1992 City Clerk IRENE K. GAMMON Approved and signed by me '' , 'k -7 19 ok ( IZ - Mayor ORDINANCE NO. Q9o2$r— ? AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY AN ALLEY THAT IS ADJACENT TO PROPERTIES COMMONLY KNOWN AS 1402, 1408, 1412, 1416 AND 1420 EAST MISHAWAKA AVENUE. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST—WEST ALLEY SOUTH OF EAST MISHAWAKA AVENUE FROM THE EAST RIGHT—OF—WAY LINE OF SOUTH OAKLAND STREET TO THE WEST RIGHT—OF—WAY LINE OF THE FIRST INTERSECTING NORTH—SOUTH ALLEY EAST OF SOUTH OAKLAND AVENUE FOR A DISTANCE OF APPROXIMATELY 235 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN HIBBERD PLACE SUBDIVISON IN 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: AN ALLEY THAT IS ADJACENT TO PROPERTIES COMMONLY KNOWN AS 1402, 1408, 1412, 1416 AND 1420 EAST MISHAWAKA AVENUE. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRS EAST—WEST ALLEY SOUTH OF EAST MISHAWAKA AVENUE FROM THE EAST RIGHT—OF—WAY LINE OF SOUTH OAKLAND STREET TO THE WEST RIGHT—OF—WAY LINE OF THE FIRST INTERSECTING NORTH—SOUTH ALLEY EAST OF SOUTH OAKLAND AVENUE FOR A DISTANCE OF APPROXIMATELY 235 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN HIBBERD PLACE SUBDIVISON IN 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 beneficially affected by such vacating to have through access to the proposed parking lots of Taylor and Moyer Insurance Agency. SECTION IV. The purpose of the vacation of the real property is to have contiguous parking between Tayor and Moyer Insurance office and the proposed parking South of the Corporate Office. SECTION V. This ordinance shall be in full force and = Alley Vacation 5 Board of Public Works 1316 County-City Building South Bend, IN 46601 The following describes an alley that is adjacent to properties commonly known as 1402, 1408, 1412, 1416, and 1420 E. Mishawaka Ave. The alley to be vacated is described as the first east-west alley south of E. Mishawaka Ave. from the east right-of-way line of S. Oakland St. to the west right-of-way line of the first intersecting north-south alley east of S. Oakland Ave. for a distance of approximately 235 feet and a width of approximately 14 feet. Part situated in libberd Place Subdivision in the city of South Bend, Indiana. 9-7F AVE. MISHAWAKA G4 4 \N 27 27 40 " .W �5 7 85J '1.6477 'r4 .55.7 35.7 30 r 7 ao a --'I ea 1* O • 1 O % CS M �r ■ % 4 - ri �i O l`4.t� t� III. '" 753 3 * rte! 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'6. -oG7? /3-0684' ao0-O460 970475 • z % /8-0.6 9�95 OG59 1 3 64-0673 /4-0485 59.044/ 98-0471 • Y 1 /9 05 94 xao U '0-0474 /Jr-OGBG ` Q : :: 93-a6G. r o8 99o,g7s` ,�2 /�i0-Cot 4 ' 18-60025 0 7.s 18-6 2P.oce7 'S7,0 . /O-047 y . 941.0442 ' '6D/OG7G /7 06ss - ' sa.Q464 /O/-0477 22--0504 t. + 95.1643 '&0-O677 /8 -0689 ' 7 t - -- /0.2 4478� .Q t .0,440 { . ! "0. • .....0") 009 • • t .j •l PETITION TO VACATE PUBLIC RIGHTS-OF-WAY ( STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE 11-04-92 OF THE CITY OF SOUTH BEND, INDIANA REVISED 11-18-92 WE, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE A 14- FOOT ALLEY SITUATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. A. AN ALLEY THAT IS ADJACENT TO PROPERTIES COMMONLY KNOWN AS 1402, 1408, 1412, 1416 AND 1420 EAST MISHAWAKA AVENUE. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRSTEAST-WEST ALLEY SOUTH OF EAST MISHAWAKA AVENUE FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH OAKLAND STREET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST INTERSECTING NORTH-SOUTH ALLEY EAST OF SOUTH OAKLAND AVENUE FOR A DISTANCE OF APPROXIMATELY 235 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN HIBBERD PLACE SUBDIVISON IN THE CITY OF SOUTH BEND, INDIANA. .v\c-L 1 (1 o inciA GRAMA K. BHAGAVAN, P. E. , L. S. , FOR TAYLOR & MOYER INSURANCE AGENCY 1416 MISHAWAKA AVENUE SOUTH BEND, INDIANA IRENE GAMMON CITY CLERK ROOM 455 COUNTY-CITY BUILDING SOUTH BEND, IN 46601 CONTACT: VALLEY ENGINEERING CONSULTANTS, INC. 14887 STATE ROAD 23 GRANGER, IN 46530 (219) 277-9075 VALLEY ENGINEERING CONSULTANTS, INC. . j PROFESSIONAL ENGINEERS • LAND SURVEYORS • CONSTRUCTION MANAGEMENT 14887 STATE ROAD 23 GRANGER, INDIANA 46530-9486 Grama K. Bhagavan P.E., L.S. Telephone: 219-277-9075 President Facsimile: 219-277-9296 October 26, 1992 OFFICE of the CITY CLERK County—City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 ATTENTION: MS. IRENE K. GAMMON RE: VACATION OF A PORTION OF 14—FOOT ALLEY LYING 170 FEET SOUTH OF THE CENTERLINE OF THE RIGHT—OF—WAY OF MISHAWAKA AVENUE BETWEEN CLOVER STREET AND OAKLAND STREET Dear Ms. Gammon: We have been retained by Taylor & Moyer Insurance Agency to vacate the referenced alley. Lots 1 , 2, 3, 4 and the Easterly 98 feet of Lot 6 is owned by a family of the management of Taylor & Moyer Agency. Lots 5, 78, 79, 80 and the Westerly 137 feet of Lot 6 are owned by different individuals and establishments as shown on the attached site plan. We are enclosing one ( 1 ) set of certified self—addressed stamped envelopes of property owners covering a 150 feet radius of the exterior boundaries of the property in questions, along with the filing fee of ONE HUNDRED, FIFTY ( $150. 00) DOLLARS. Yo r approval of the vacation of the alley is appreciated. rely, e G ma K. Bhagavan, P. E. , L. S. PRESIDENT Enclosure xc: TAYLOR & MOYER INSURANCE CO. Civil, Structural, Sanitary and Environmental Engineering Land Surveying and Site Planning .,,ez_z_ .‘`. P.7- 9R . . ......._._ „, �, 4 5OUTN~8�'�I‘ ii x r' � ii, !d City of South Bend / l i . // y ) `.a j Joseph E. Kernan, Mayor Board of Public Works December 7, 1992 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: PETITION TO VACATE THE 1ST E/W ALLEY SOUTH OF EAST MISHAWAKA 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 revised Vacation Petition as filed by Grama K. Bhagavan for Taylor & Moyer Insurance Agency, 1416 Mishawaka Avenue, South Bend, Indiana, to vacate the following alley: First east/west alley south of East Mishawaka Avenue from the east right-of-way line of South Oakland Street to the west right-of-way line of the first intersecting north/south alley east of South Oakland Avenue for a distance of approximately 235 feet and a width of approximately 14 feet. Part situated in Hibberd Place Subdivision in the City of South Bend, Indiana. For your information, the Board of Public Works received favorable recommendations from the Engineering Department, Legal Department and Police Department concerning this vacation. The Area Plan Commission and the Fire Department voiced concerns over access to garages and buildings on this alley. However, the Board has been informed by the Engineering Department that the Petitioner intends to keep this alley open for access and that the Petitioner is also in the process of acquiring some additional property located on this alley. Copies of the recommendations received from the various departments that have reviewed this Petition are attached for your review. Therefore, the Board submits to you a favorable recommendation concerning this alley vacation. Sib erely, B" F pyIBLIC IRKS Sandra M. Parmerlee, Clerk 1308 County-City Building South Bend, Indiana 46601 219/284-9412 John E. Leszczynski James R. Caldwell Mary H. Mueller i✓nmmt n M.G pitrt 7 1 ) _ can II le Common Qlountrtl of tip (Mg of'out1 Bern): of the Whole Your Committee to whom was referred BILL NO. 92-92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14-FOOT ALLEY LYING BETWEEN CLOVER ROAD AND OAKLAND STREET, A LENGTH OF APPROXIMATELY 361.00 FEET, MEASURED EAST/WEST AND 14.00 FEET, MEASURED NORTH-SOUTH, SITUATED SOUTH OF LOTS 1 THROUGH 5, 78 AND 79, ALL INCLUSIVE OF HIBBERD PLACE, SAID SUBDIVISION BEING A PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended Ann Puzzello Chairman FREE PRESS PUBLISHING CO.