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Home My WebLink AboutVacate - first east west alley south of W Oak St from the east right of way line of N Cushing St ORDINANCE No. 8311-92 Passed by the Common Council of the City of South Bend, Indiana_ November 9, 92 - Y9 Attest: City Clerk IRENE K. GAMMON Attest: /�i� % President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— November 10, 92 tg City Clerk IRENE K. GAMMON Approved and signed by me 11/(A)-e4/YL-61-0 /O1 ig c)AA °`- Mayor ORDINANCE NO._--s) 3 //-9.2. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY first east-west alley south of W. Oak Street form the east right-of-way line of N. Cushing Street to the northwesterly right-of-way line of N. Chapin Street; and the first north-south alley east of N. Cushing Street from the south right-of way line of W. Oak Street to the north right-of-way line of the first east-west alley south of W. Oak Street for a distance of approximately 193.25 feet and a width of approximately 20.06 feet. 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. NOWT, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH REND, INDIANA, as follows: SECTION I . The Common Council of the Ci.ly of South Bend having heIdd a public hearing on the petition to vacate the following property : The alleys to be vacated are described as the first east-west alley south of W. Oak Street form the east right-of-way line of N. Cushing Street to the northwesterly right-of-way line of N. Chapin Street; and the first north-south alley east of N. Cushing Street from the south right-of way • line of W. Oak Street to the north right-of-way line of the first east-west alley south of W. oak Street for a distance of approximately 193.25 feet and a width of approximately 20.06 feet. Parts situated in Kunstman's Addition, Neintzman's Addition, and Keefer's Subdivision of Bank Outlots 29 & 30, 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 properly may be injuriously or aTfected by such vacating: LV I# 1028-1271, LOT# 1028-1270, LOT# 1026-1117, LOT# 1028-1268, LOT# 1028-127101, LOT# 1028-1269, LOT# 1026-1116, LOT# 1029-1296 SECTION IV. The purpose of the vacation Of the real property is to: INCREASE SECURITY AND .ELIMINATE PROPERTY ACCESS AS A SITE TO DUMP TRASH AND OTHER ARTICLES OF RUFUSE. 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 COHHON COUNCIL DATE OCT_ 12 , 1 992 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The following describes alleys that are adjacent to properties commonly known as 328, 322, 324, 318, and 316 N. Cushing St. ; and 724 W. Oak St. ; and 733 W. Lasalle Ave. The alleys to be vacated are described as the first east-west alley south of W. Oak Street form the east right-of-way line of N. Cushing Street to the northwesterly right-of-way line of N. Chapin Street; and the first north-south alley east of N. Cushing Street from the south right-of way line of W. Oak Street to the north right-of-way line of the first east-west alley south of W. Oak Street for a distance of approximately 193.25 feet and a width of approximately 20.06 feet. Parts situated in Kunstman's Addition, Heintzman's Addition, and Keefer's Subdivision of Bank Outlots 29 & 30, to the city of South Bend, Indiana. B. THE STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (eent/went/north/nouth) TO STREET, FOR A DISTANCE OF APPROXIHATELY FEET. HARE (printed and signed) ADDRESS LOT I • SOT ON n RUTH ORFANOS 308 N. CUSHINC 18 1028 1271 i. • and 18 1078 17.7101 • and 18 1.028.__12.70 and 18 1028 1269 and 18 1026 1117 and 18 1026 1116 CONTACT PERSON: 1RE11E CANNON Alley Vacation Board of Public Works 1316 County-City Building South Bend, IN 46601 The following describes alleys that are adjacent to properties commonly known as 328, 322, 324 , 318, and 316 N. Cushing St. ; and 724 W. Oak St. ; and 733 W. Lasalle Ave. The alleys to be vacated are described as the first east-west alley south of W. Oak Street form the east right-of-way line of N. Cushing Street to the northwesterly right-of-way line of N. Chapin Street; and the first north-south alley east of N. Cushing Street from the south right-of way line of W. Oak Street to the north right-of-way line of the first east-west alley south of W. Oak Street for a distance of approximately 193 .25 feet and a width of approximately 20. 06 feet. Parts situated in Kunstman's Addition, Heintzman's Addition, and Keefer's Subdivision of Bank Outlots 29 & 30, to the city of South Bend, Indiana. 25 - +1 .o 4...„: �-"� -:144.0,. n n n -/2�o o tit J� �/'f/ SS l je� x!� r -`3-.,2,2,;,- ' .1243 ./i46, M el Q-/26 / C". 1. n ^ �}�^ 4� .) 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Ji: 43 4? 04;∎�� ,1;,/,,i '� �h ::::: City of South Bend ll1 Joseph E. Kernan, Mayor � 1865 Board of Public Wor ks November 4, 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 S. OF WEST OAK AND THE 1ST N/S ALLEY E. OF N. CUSHING 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 Solon and Ruth Orfanos, 308 North Cushing Street, South Bend, Indiana, to vacate the following alleys: The first East/West alley South of W. Oak Street from the East right-of-way line of N. Cushing Street to the Northwesterly right-of-way line of North Chapin Street; and the first North/South alley East of North Cushing Street from the South right-of-way line of West Oak Street to the South right-of-way line of the first East/West alley South of West Oak Street for a distance of approximately 193 .25 feet and a width of approximately 20.06 feet. For your information, the Board of Public Works received favorable recommendations from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. Therefore, the Board submits to the Common Council a favorable recommendation regarding this vacation. Sin/erely, B°44"L7 7V 7704-6L Sandra M. Parmerlee, Clerk 1308 County-City Building South Bend, Indiana 46601 219/284-9412 John E. Leszczynski James R. Caldwell Mary H. Mueller Q umntittrr &port Uhl flmmnwn Mount% of tip Utttg of Onitill Ern): Your Committee Qf the Whole to whom was referred BILL NO. 83-92 SECOND READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF W. OAK STREET FROM THE EAST RIGHT-OF-WAY LINE OF N. CUSHING STREET TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF N. CHAPIN STREET; AND THE FIRST NORTH-SOUTH ALLEY EAST OF N. CUSHING STREET FROM THE SOUTH RIGHT-OF-WAY LINE OF W. OAK STREET TO THE NORTH RIGHT-OF-WAY LINE OF THE FIRST EAST-WEST ALLEY SOUTH OF W. OAK STREET FOR A DISTANCE OF APPROXIMATELY 193.25 FEET AND A WIDTH OF APPROXIMATELY 20.06 FEET. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Chairman Ann Puzzello FREE PRESS AtiON PUBLISHING Co.