HomeMy WebLinkAboutVacate - First east west alley south of W VanBuren St from the west right of way line of N Cottage Grove Ave ORDINANCE No. 8326-92
Passed by the Common Council of the City of South Bend, Indiana
December 14, Ig 92
Attest: City Cler k
IRENE K. GAMMON
L �
Attest: •� President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
December 15, IO2
City Clerk
IRENE K. GAMMON
Approved and signed by me 1J-Le12,1(-whiA-J /
(1/74.4.006.-- Mayor
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ORDINANCE NO. &.992 G,-901
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY
The alley to be vacated is described as the first east-west alley south of W. Van Buren
St. from the west right-of-way line of N. Cottage Grove Ave. to the east right-of-way
line of the first intersecting north-south alley west of N. Cottage Grove Ave. for a
distance of approximately 128 feet and a width of approximately 14 feet. The part
situated between lots #87 and #88 in the Cushing and Lindsey subdivision 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 east-west alley south of W. Van Buren
St. from the west right-of-way line of N. Cottage Grove Ave. to the east right-of-way
line of the first intersecting north-south alley west of N. Cottage Grove Ave. for a
distance of approximately 128 feet and a width of approximately 14 feet. The part
situated between lots #87 and #88 in the Cushing and Lindsey subdivision 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:
Lots #87 & #88 in the recorded plat of Cushing and Lindsey Addition to the City of
South Bend.
SECTION IV. The purpose of the vacation of the real property is to:
The purpose of the vacation is to protect my historic landmark home at 729 Cottage
Grove (lot #88) and my property at 723-725 Cottage Grove (lot #87).
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.
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PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL DATE 10/15/92
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The (1st 2nd) ( ALLEY (east/west/nort south) .of
Lindsey STREET, RUNNING (east er north/south) FROM
Cottage Grove Ave. STREET, FOR A DISTANCE OF APPROXIMATELY 130 FEET
TO:
the North-South alley between Cottage Grove Ave.and Harrison St.
ALL IN Cushing and Lindsey Addition to the Ci y.of South Bend
insert subdivision name)
B. THE STREET DESCRIBED AS:
STREET, FROM STREET,
RUNNING (east/west/north/south) TO STREET, FOR A
DISTANCE OF APPROXIMATELY FEET.
NAME (printed and si•ned) ADDRESS LOT #
/ 729 Cottage Grove,South Bend 88&89
/ 723-725 Cottage Grove,South Bend 87
, PitlGry/1 02��
721•CDxsgP(+mvr Cnuth Rend 86
CONTACT PERSON:
IRENE GAMMON
October 8, 1992
t Alley Vacation - I
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 725 and 729 N. Cottage Grove Ave.
The alley to be vacated is described as the first east-west alley south of
W. Van Buren St. from the west right-of-way line of N. Cottage- Grove Ave.
to the east right-of-way line of the first intersecting north-south alley
west of N. Cottage Grove Ave. for a distance of approximately 128 feet and
a_ width of approximately 14 feet. Part situated in Cushing and Lindsey's
Subdivision to the city of South Bend, Indiana.
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Qintmtm tttn `Erpnrt
(Oil Ole Minium Montag of tip (litg of Onittll Bettb:
of the Whole
Your Committee
to whom was referred
BILL NO.
102-92 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST
ALLEY SOUTH OF W. VAN BUREN ST. FROM THE WEST
RIGHT-OF-WAY LINE OF N. COTTAGE GROVE AVE. TO THE EAST
RIGHT-OF-WAY LINE OF THE FIRST INTERSECTING NORTH-SOUTH
ALLEY WEST OF N. COTTAGE GROVE AVE. FOR A DISTANCE OF
APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 14
FEET. THE PART SITUATED BETWEEN LOTS #87 AND #88 IN THE
CUSHING AND LINDSEY SUBDIVISION 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.
Ann Puzzello
Chairman
FREE PRESS cBleartp PUBLISHING CO.
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Z.; �\ `\'''/% i tf City of South Bend
Viet ,:>-`:> -,J1:)!'/411
j Joseph E. Kernan, Mayor
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Board of Public Works
November 30, 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 W. VAN BUREN
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 Kevin R. Gorham, 729
Cottage Grove, South Bend, Indiana, to vacate the following
alley:
The first east/west alley south of West Van Buren
Street from the west right-of-way line of North
Cottage Grove Avenue to the east right-of-way line
of the first intersecting north/south alley west of
North Cottage Grove Avenue for a distance of
approximately 128 feet and a width of approximately
14 feet. The part situated between lots #87 and #88
in the Cushing and Lindsey subdivision to the City of
South Bend, Indiana.
For your information, the Board of Public Works received
favorable recommendations from the Police Department, Fire
Department, Legal Department, Area Plan Commission, Division of
Sanitation and the Division of Engineering concerning this
Vacation Petition. Copies of their recommendations are attached
for your review.
Therefore, based on the recommendations received, the Board
submits to the Common Council a favorable recommendation
regarding this vacation.
Sincerely,
B040 OF PUBLIC WORKS
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!Sandra M. Parmerlee, Clerk
Enc.
1308 County-City Building South Bend, Indiana 46601 219/284-9412
John E. Leszczynski James R. Caldwell Mary H. Mueller