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HomeMy WebLinkAboutVacate - First north south aley west of S Magnolia from the south right of way line of an alley running along the Penn Central Railroad ORDINANCE No. 8316-92 Passed by the Common Council of the City of South Bend, Indiana_ November 23, 92 - '9 Attest: City Clerk IRENE K. GAMMON Attest: ���._� %-- - =� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— November 24, 92 ig City Clerk IRENE K. GAMMON Approved and signed by me ° `� Mayor ORDINANCE NO. 067.31/4-- 57A AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The first north-south alley west of S. Magnolia from the south right-of-way line of an alley running along the Penn Central Railroad and between S. Magnolia Street and S. Nash Street, and the north right-of-way line of the first east-west alley south of the Penn Central Railroad for a distance of approximately 379.85 feet and a width of approximately 16 feet. Part situated in Oliver's Second Addition 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: The following describes an alley that is adjacent to and along the westerly line of properties commonly known as 1505, 1509, and 1525 S. Magnolia. The alley to be vacated is described as the first north-south alley west of S. Magnolia from the south right-of-way line of an alley running along the Penn Central Railroad and between S. Magnolia Street and S. Nash Street, and the north right-of-way line of the first east-west alley south of the Penn. Central Railroad for a distance of approximately 379.85 feet and a width of approximately 16 feet. Part situated in Oliver's Second Addition 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 injuriously or beneficially affected by such vacating: 1. George Swiatowy Lots 298,299 Magnolia St. 52750 US 33 North South Bend, IN 46637 2. Clarence A. & Grace V. Smith Lot 300 Magnolia St. 65219 US 31 Lakeville, IN 46536 3. Thomas J. & Diana L. Lykowski Lots 301,302 Magnolia St. 53266 Bonvale Dr. South Bend, IN 46635 4. Rose Irene & John J. Nemeth Lots 303,304,305,306 Magnolia St. 1525 Magnolia St. South Bend, In 46613 5. Donald A. Bessler Lot 314 Nash St. PO BOX 903 New Carlisle, IN 46552 6. Daniel P. & Dawn M. Armstrong Lot 315 Nash St. 1534 S. Nash St. South Bend, IN 46613 7. Thomas J. & Diana L. Lykowski Lots 316,317,318,319 Nash St. 53266 Bonvale Dr. South Bend, IN 46635 8. Todd Villeneuve Lots 320,321,322 Nash St. 1506 S. Nash St. South Bend, IN 46613 SECTION IV. The purpose of the vacation of the real property is to: Enable future expansion of our home town business, Advanced Masonry Const Inc. Vacation of this alley will help in cleaning up what is now a dumping ground and public eyesore. It will be beneficial to all neighboring properties and the general neighborhood. 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. )01,O Member of the Common Council *man t`.=C t c' ,.5 Rn0 C cc ti,... at , (,... I : • PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) DATE /O-a/ 9,a, TO THE COMMOM COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The ( : /2nd) (east--w /north-south) ALLEY (cast-west/north south) of 5,M m n c 1 i STREET, RUNNING_(e st— /north-south) -FROM J1 -r. a - , : =;.-J r TELY 3`74.85 FEET-Pee CA.i14 1 CA_ c u■ci 4-+N o (Le - ee-�-} FRO m Ahe s00-Eh r io, o-r--coat' l)n e c Our & Ue y r'unn'ing ai on j- e. peen (4n-fro-I Ra.ilrcaciand bdween Mare,io-S-1-.-aryi S.(sh 5+,and +he nc3r'i"li ri,3hf- 0: )ine o--I4-le T rst ens4�-wesF aeley socr-h c -N,e. Penn�Oenfa .ilraed- ALL IN CA I oe r'5 ...,c-cx d 1 -ck i+ `l(1`1 C i-ty g�iJ1T 1 n:DI I a THE STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (east-west/north-south)TO STREET, FOR A DISTANCE OF APPROXIMATELY FEET. NAME (printed and silo ed) ADDRESS LOT # 1 r -- 1515 S. Magnolia 301 hj :s J. LykOWSK1 /A. A • A:0:11 _ __ 1515 S. Magnolia 301 Amy," 1517 S. Magnolia 302 I%o j J. Lykowski /� r I., z_�■,• " 1517 S. Magnolia 302 D'an 1 ' Ly/ski ,,,;�, 1522 S. Nash St. 316,317,318,319 ^� ,1 o :'s J. Lykowski VCS 4 4 ' 1522 S. Nash St. 316,317,318,319 Diana ' Lykowski IRENE GAMMON CONTACT PERSON: CITY CLERK /�� ; ROOM 455 Name 7W TY7aS c rl COUNTY-CITY BUILDING SOUTH BEND, IN 46601 Address 3QL°4' 60/)1/a/i Or SOW & id //U q6&35 Phone a7a-5-`2�7 • • tlnmmttt en & port Olo tie &mum (Qounrit of tty, (Mtn of'outlt irnd: Your Committee of the Whole to whom was referred BILL NO. 88-92 SECOND READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH—SOUTH ALLEY WEST OF S. MAGNOLIA FROM THE SOUTH RIGHT—OF—WAY LINE OF AN ALLEY RUNNING ALONG THE PENN CENTRAL RAILROAD AND BETWEEN S. MAGNOLIA STREET AND S. NASH STREET, AND THE NORTH RIGHT—OF—WAY LINE OF THE FIRST EAST—WEST ALLEY SOUTH OF THE PENN CENTRAL RAILROAD FOR A DISTANCE OF APPROXIMATELY 379.85 FEET AND A WIDTH OF APPROXIMATELY 16 FEET. PART SITUATED IN OLIVER'S SECOND ADDITION IN 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. Chairman Ann Puzzello FREE PRESS oPilleJo PUBLISHING CO. June 30, 1992. Alley Vacation Board of Public Works 1316 County-City Building South Bend, IN 46601 The following describes an alley that is adjacent to and along the westerly line of properties commonly known as 1505, 1509, and 1525 S. Magnolia. The alley to be vacated is described as the first north-south alley west of S. 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