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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 • t 7 f • 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. • T r 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. 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'4 ;28 n if-25 85.33 4267 50 78 45 135 48 - r � 3 L/NDSEY j- 8s8 "� 3l 32 96 m ,t' 1 i2p 35 3l 4^ o ��� �� 1' :�e3 c r , 28 I 4 r S-1---77-23--- - V • • 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. . 4:::-.4-4? %Oi..4. TITili. .4� 11 Z.; �\ `\'''/% i tf City of South Bend Viet ,:>-`:> -,J1:)!'/411 j Joseph E. Kernan, Mayor _� ∎ r.1865 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 4 1 " U. ;/1 X.¢J' !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