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
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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
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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
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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
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CONTACT PERSON:
IRENE GAMMON
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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.
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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,
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Sheila M. Klockow
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I �'�:;` , j,l:/.a Joseph E. Kernan, Mayor
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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