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HomeMy WebLinkAboutVacate - First north south alley east of Laporte St running south from Colfax St I • „ ORDINANCE No. 8204-91 Passed by the Common Council of the City of South Bend, Indiana. August 26, 91 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 27, 91 19 City Clerk IRENE K. GAMMON Approved and signed by me b Ig G r:IZett_ Ma or y - .ORDINANCE NO. ® ao 14- AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first north-south alley east of LaPorte Street running south from Colfax Street, for a distance • of approximately 200 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. 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 1st north-south alley east of Laporte St. running south from Colfax St. , for a distance of appromimately 200 feet. 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: The following properties would benefit by the proposed alley closing, 128, 130-132 Laporte St. and 906 & 910-912 W. Colfax St. SECTION IV. The purpose of the vacation Of the real property is to: level existing grade between 906 & 910-912 W. Colfax to provide additional yard space for these two properties. To provide topsoil & grass seed in alley behind 128 & 130-132 Laporte St. to provide more yard space 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. - • • /tie/ PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE JOnt. a5, )191 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The (1st/2nd) (east-west/north-south) ALLEY (east/west/north/south) of S REST, RUNNING (east/west/north/south) FROM (�►F2X 5-1-. STREET, FOR A DISTANCE OF APPROXIMATELY Apt) FEET TO: ALL IN UJhbar SO6cI;1/;5,oe1 (insert subdivision name) B. THE STREET DESCRIBED AS: � \\ /+ Lapork 5-�- . STREET, FROM V✓)CJOI rGY STREET, RUNNING (east/west/north/south) TO , , MIMIC fl STREET, FOR A DISTANCE OF APPROXIMATELY A O FEET. NAME (printed and signed) ADDRESS LOT # E )�h 15-end 4eri 4-,41� Foontidf/oh 12-P) La.por+-c. 130 - )3L Lafore (to° 1 l 31.e L�j o + 1 iI i/ ii it 1 (0 L -1Oor-fG Ga4-7 14 6I 911 v " q a l,J. Col Pay- 4- 1 90(0 Lt). Col-F'aX- 2 I� ei ii 1i CONTACT PERSON: IRENE GAMMON CITY CLERK Name 'PAU1 hiaii( , ALLEY VACATION July 18, 1991 Board of Public Works 1316 County-City Building South Bend, IN 46601 , The alley to be vacated is described as the first north-south alley east of N. Laporte Ave. , located between the south right-of-way line of W. Colfax Ave. and the north right-of-way line of the first east-west alley south of W. 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K /��4�ouTN \11 .xee,"1: / \\Iv/ - o City of South Bend l�l\V� Joseph E. Kernan, Mayor Board of Public Works August 21, 1991 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION -1ST N/S ALLEY E. OF LA PORTE STREET 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 filed by Mr. Paul Hayden, 914 Lincolnway West, South Bend, Indiana, on behalf of the Petitioner, South Bend Heritage Foundation, owners of property at 128 LaPorte, 130-134 LaPorte, 136 LaPorte, 146 LaPorte, 910-912 West Colfax, 906 West Colfax and 902 West Colfax, South Bend, Indiana, to vacate the following property: The first north/south alley east of LaPorte Street running south from Colfax Street, for a distance of approximately 200 feet. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on August 19 , 1991. Mr. John Shrieve, South Bend Heritage Foundation, 726 West Washington, South Bend, Indiana, was present on behalf of the Petitioner and spoke in favor of the vacation. Mr. Phil Carlisle, 116 LaPorte, South Bend, Indiana, was also present and addressed the Board. Mr. Carlisle stated that he was present as he was unclear as to how this vacation would affect his property. After an explanation, he indicated that he had no objection to the vacation. There was no one else present wishing to speak either for or against the vacation and no written objections were filed with the Board. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercy Katherine Humphreys MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS August 21, 1991 Page -2- Therefore, based on favorable comments made at the Public Hearing and recommendations received from the Area Plan Commission, the Engineering Department, the Fire Department and the Department of Economic Development, the Board favorably recommends the vacation of the above referred to alley. Sincerely, BOARD OF PUBLIC WORKS f , / Sandra M. Parmerlee, Clerk smp Enc. Oin n ntnn apart Qlo tae QContnwn Mandl of tar Min of Oonta **WI Your Committee of the Whole to whom was referred BILL NO. 48-91 SECOND READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY EAST OF LAPORTE STREET RUNNING SOUTH FROM COLFAX STREET, FOR A DISTANCE OF APPROXIMATELY 200 FEET. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Loretta Duda Chairman