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HomeMy WebLinkAboutVacate - First east west alley north of E Eckman St from the east right of way line ORDINANCE No. 8279-92 Passed by the Common Council of the City of South Bend, Indiana July 27, 92 19 Attest: `` City Clerk IRENE K. GAMMON Attest: -- /�-=- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 28, 92 19 City i Clerk IRENE K. GAMMON Approved and signed by me 19D\ 44—• - - Mayor . v. STZBSTITUTE TBTLL NO. 43-92 ORDINANCE NO. á'27Y-M. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first east-west alley north of E. Eckman St. from the east right-of-way line of S. Dale St. to the east right-of-way line of the first north-south alley east of S. Dale St. for a distance of approximately 268 feet and a width of 14 feet. Part located in Lindbergh Park 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 first east-west alley north of E. Eckman St. from the east right-of-way line of S. Dale St. to the east right-of-way line of the first north-south alley east of S. Dale St. for a distance of approximately 268 feet and a width of 14 feet. Part located in Lindbergh Park 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: Lots Numbered 198, 203, 204, 205, 206, 207 and 208 of Charles Weidler' s 2nd Addition to the City of South Bend, and Lots Numbered 13, 14, 15, 16, 17 and 18 of the Lindbergh Park Addition to the City of South Bend. Beneffefal3y- SECTION IV. The purpose of the vacation of the real property is to: 1. This alley has been grassed in and has not been in use for over 25 • 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. Mem.er, Sou -,pt Bend Common Council • PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: See ordinance. The (1st/2nd) (east-west/north-south) ALLEY (east/west/north/south) of STREET, RUNNING (east/west/north/south) FROM STREET, FOR A DISTANCE OF APPROXIMATELY FEET TO: ALL IN (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 signed) ADDRESS LOT ' 41, At/ ,&""'- l") l R //9- M , . ..700 ee/N 09 > l ge-4.1 `r• • AI. _ .ut. . 1 o a o E . :1-c o.+n *o n -iga 0- e-ta /oa a E. run--or) • CONTACT PERSON: IRENE GAMMON (A); 11 allow e as m en 1D -ke _ ) : cK - iii) 4-- -±he altex i',.5 1 1 e 0,11 C-Ios 1 --1 ' #' -; , f q, Q il 1 June 3 , 1992 Alley Vacation Board of Public Works 1316 County-City Building South Bend, IN 46601 The alley to be vacated is described as! the first east-west alley north of E. Eckman St. from the east right-of-way line of S. Dale St. to the east right-of-way line of the first north-south alley east of S. Dale St. for a distance of approximately 268 feet and a width of 14 feet. Part located in Lindbergh Park Addition in the city of South Bend, Indiana. O Q` ^ l9 41:- v nl cY , Ct. 9 `=1 N N _ /i►. 148-4G4o ? g =/ m � m M m m I"- 193-4004!tcl r Q v P Q r ^ v ?n /94-4042 c:( •q- v1 l9 r r- 40 Q'. 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(-0 Q-. < ,, -f? 1 l9 r` r- r- N r- r.. r• r - r_ r CI ct C t Cl C`( t c`( C`c ' CY C( C t CI I , 1�? -4,3-1.E5 ct N r July 9, 1992 Common Council for the City of South Bend County City Building 4th Floor South Bend, IN 46601 RE: Objection to Proposed Vacation of Alley Hearing Date: 7/13/92 Dear Sir: Enclosed for your review and consideration is an original and three copies of our Objections to Vacating the Alley Way located between Eckman and Irvington Avenue in South Bend, Indiana. The hearing on this proposed vacation is set for Monday, July 13, 1992, at 7:00 p.m at which time we plan to attend and state our objections. Thank you in advance for your time and attention in this regard. Very truly yours, i 0/ Sheila M. Klockow , ,/,,Izzi 5pUT7i 8��\1 r \lI v `� \'�'/j;d ft City of South Bend I �'�:;` , j,l:/.a Joseph E. Kernan, Mayor 111 hrke: :::"... +/-1 1\\\ �\\< 1865 " Board of Public Works July 6, 1992 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: VACATION OF 1ST E/W ALLEY NORTH OF EAST ECKMAN Dear Members of the Council: In accordance with Municipal Code Section 18-53 .8, a favorable recommendation is being submitted to you concerning the Vacation Petition as filed by Darvin A. and Miriam M. Dobbins, 1017 East Eckman Street, South Bend, and Ruth A. and Richard A. Chapman, 1020 East Irvington, South Bend, Indiana, to vacate the following alley: The first east/west alley North of East Eckman from the east right-of-way line of South Dale Street to the east right-of-way line of the first north/south alley east of South Dale Street for a distance of approximately 268 feet and a width of 14 feet. Part located in Lindbergh Park Addition in the City of South Bend, Indiana. For your information, the Board of Public Works received favorable recommendations concerning this vacation from the Fire Department, Police Department, Division of Sanitation and Division of Engineering and unfavorable recommendations from the Area Plan Commission and the Department of Economic Development. Board members noted however, that the unfavorable recommendations received from the Area Plan Commission and the Department of Economic Development were based on the fact that all of the lot owners adjacent to the proposed alley to be vacated did not join in the Petition. As these individuals will have an opportunity to present their views to the Common Council when the Public Hearing is held, the Board submits to you a favorable recommendation concerning this Vacation Petition. Sincerely, BO n D O PUBLIC ORKS is—vdi-mo--7-6(vv ,- Sandra M. Parmerlee, Clerk 1308 County-City Building South Bend, Indiana 46601 219/284-9412 John E. Leszczynski James R. Caldwell Mary H. Mueller