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Home My WebLink AboutVacating - First East West alley North of East South St from the East Right of Way Line of S. Rush St ORDINANCE No. 8289-92 Passed by the Common Council of the City of South Bend, Indiana- August 24, 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— August 25, 92 19 City Clerk IRENE K. GAMMON Approved and signed by me t � 19 Mayor 1 , • ORDINANCE NO. Ya 89- 9 a- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST EAST-WEST ALLEY NORTH OF EAST SOUTH STREET FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH RUSH STREET TO THE SOUTHWEST RIGHT-OF-WAY LINE OF LINCOLNWAY EAST FOR A DISTANCE OF APPROXIMATELY 247.06 FEET AND A WIDTH OF APPROXIMATELY 12 .54 FEET. PART SITUATED IN JOHN RUSH'S FIRST ADDITION IN THE CITY OF SOUTH BEND, INDIANA. STATE 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, INAIANA, 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 rishg-of-way: The first east-west alley north of East South Street from the east right-of-way line of South Rush Street to the southwest right-of-way line of Lincolnway East for a distance of approximately 247. 06 feet and a width of approximately 12 .54 feet. Part situated in John Rush' s First Addition in the city of South Bend, Indiana hereby determines that it is desirable to vacate said right-of-way. 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: The following properties are commonly known as: 506 and 514 South Rush, 618 and 622 Lincolnway East, and 611 East South Street. SECTION IV. The purpose of the vacation of the right-of-way is to allow the City of South Bend, Department of Redevelopment to improve the block by creating a driveway and parking area for the seven (7) structures that surround the block and which are leased to the Housing Development Corporation. The structures are currently being renovated. 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. TEE:ml/ordinan Member of t1 Common Council • • i 4'1 i a/j-., y City of South Bend y?' ,�/,. .b Joseph E. Kernan, Mayor ill .4 \1� ' 1865 `_� Board of Public Works August 19 , 1992 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: VACATION OF 1ST N/S ALLEY S . OF RUSH STREET AND THE 1ST E/W ALLEY SOUTH OF EAST MONROE STREET Dear Members of the Council : In accordance with Municipal Code Section 18-53 .8, a favorable recommendation is being submitted to the Council concerning the Vacation Petition as filed by Ms . Ann E. Kolata, Director, South Bend Redevelopment Authority, c/o Department of Economic Development , 1200 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana, per Authority action of July 29 , 1992, and indicating Mr. Tom Eddington, 1200 County-City Building, South Bend, Indiana, as Contact Person, to vacate the following alleys : The first north/south alley west of South Rush Street , from the north right-of-way line of E. South Street to the south right-of-way line of E. Monroe Street for a distance of approximately 345 . 18 feet and a width of approximately 14 feet ; and The first east/west alley south of East Monroe Street from the west right-of-way line of South Rush Street, to the east right-of-way line of S . Fellows Street, for a distance of approximately 330 feet and a width of approximately 12 .54 feet. Parts situated in John Rush's First Addition in the City of South Bend, Indiana. For your information, the Board received favorable recommendations concerning this vacation from the the Department of Sanitation, Engineering Department, Area Plan Commission, Fire 1308 County-City Building South Bend, Indiana 46601 219/284-9412 John E. Leszczynski James R. Caldwell Mary H. Mueller MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS August 19, 1992 Page -2- Department and Police Department. It should be noted, however, that the Fire Department has advised that they recommend approval subject to adequate access being allowed to the garage at 521 East South Street. Therefore, the Board submits to you a favorable recommendation concerning the vacation of the above referred to alleys. Sincerely, B0.41 OF PUBLIC WORKS 4ctia\A--A31'6hAlts- - Sandra M. Parmerlee, Clerk • PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE July 6, 1992 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The is /2nd) ( north-south) ALL :t west/nort /south) of South S STREET, RUNNING /nort south) FROM East R.O.W. line of S. Rush STREET, FOR A DIS . • APPROXIMATELY 247.06 FEET -EO-s- and a width of approximately 12.54 feet, TO the southwest right-of-way line of Lincoln Way East. : • Part situated in John Rush's First Addition in the city of South Bend, Indiana. ALL IN (insert subdivision name) Part situated in John Rush's First Addition in the city of South Bend, Indiana. STREET, FROM STREET, RUNNING (east/west/north/south) TO STREET, FOR A DISTANCE OF APPROXIMATELY FEET. NAME printed and signed) ADDRESS LOT # Department of Economic Development 1200 County-City Building South Bend Redevelopment Authority 227 West Jefferson 7"y02- South, Bend, Indiana 46601 CONTACT PERSON: IRENE GAMMON July b, 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 properties commonly known as 506 and 514 S. Rush, 618 and 622 Lincolnway East, and 611 E. South Street. The alley to be vacated is described as the first east-west alley north of E. South Street from the east right-of-way line of S. Rush Street to the southwest right-of-way line of Lincoln Way East for a distance of approximately 247.06 feet and a width of approximately 12 .54 feet. Part situated in John Rush's First Addition in the city of South Bend, Indiana. 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