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
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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
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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. Colfax Ave. , for a distance of
approximately 198 feet and a width of approximately 8 feet. Part
situated in Dunbar's Subdivision of Bank Outlots 31 & 32, in the
city of South Bend, Indiana.
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\\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