HomeMy WebLinkAboutVacate - First north south alley east of S Clinton St from the south reigh of way ORDINANCE No. 8290-92
Passed by the Common Council of the City of South Bend, Indiana
August 24, 92
19
1
Attest: City Clerk
IRENE K. GAMMON
Attest: 40— 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 19 9`-4,
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ORDINANCE NO. 8 ago-9
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY
The alley to be vacated is described as the first north-
south alley east of S. Clinton St. from the south right-of-way
line of E. South St. to the north right-of-way line of the first
east-west alley south of E. South St. for a distance of approxi-
mately 148. 95 feet and a width of approximately 12 . 04 feet. Part
situated in the Replat of John Rush' s Second Addition in the
city of South Bend, Indiana.
To allow expansion of our existing commercial business
located at 702 L.W.E. Includes enlarging the convenience store
and adding a car wash bay.
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 alley to be vacated is described as the first north-
south alley east of S. Clinton St. from the south right-of-way
line of E. South St. to the north right-of-way line of the first
east-west alley south of E. South St. for a distance of approxi-
mately 148 . 95 feet and width of approximately 12. 04 feet. Part
situated in the Replat of John Rush' s Second 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:
Lot 40 and 41 in the Replat of John Rush' s Second Addition
will benefit by the granting of this ordinance.
SECTION. IV. The purpose of the vacation of the real property
is to:
To allow expansion of our existing commercial business
located at 702 L.W.E. Includes enlarging the convenience store
and adding a car wash bay.
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.
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(Alley)
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:
The 1st (north-south) Alley east of South Clinton STREET,
running (south) from East South STREET, FOR A DISTANCE OF APPROXI-
MATELY 148. 95 FEET TO: Facilitate our expansion of our existing
commercial business located at 702 L.W.E. in South Bend. In-
cluding enlarging the convenience store and adding a car wash
bay.
ALL IN Replat of John Rush' s Second Addition
NAME ADDRESS LOT #
vacant lot 40
Mike Dobson (address not assigned)
v° ;p 702 L.W.E. 41
B & R Oil Company, Inc.
ij a. W. 9-
�-u- a��.M.
702 L.W.E. 41
Ralph & Barbara Dobson
CONTACT PERSON:
IRENE GAMMON
CITY CLERK Mike Dobson
ROOM 455 6910 N. Gumwood Rd.
COUNTY-CITY BUILDING Building 16
SOUTH BEND, IN 46601 (219) 272-6955
•
July 24, 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 the west
line of properties commonly known as 702, 712, 714, and 718 Lincoln Way
East.
The alley to be vacated is described as the first north-south alley east
of S. Clinton St. from the south right-of-way line of E. South St. to the
north right-of-way line of the first east-west alley south of E. South St.
for a distance of approximately 148.95 feet. and a width of approximately
12. 04 feet. Part situated in the Replat of John Rush's Second Addition in
the city of South Bend, Indiana.
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f V1 '� f�il..•f•4,j Joseph E. Kernan, Mayor
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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 E. OF SOUTH CLINTON
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 Mr. Mike Dobson, 6910 North Gumwood
Road, Building 16, South Bend, Indiana, B&R Oil Company, Inc. ,
702 Lincolnway East, South Bend, Indiana, and Ralph and Barbara
Dobson, 702 Lincolnway East to vacate the following alley:
The first north/south alley east of South Clinton
Street from the south right-of-way line of East
South Street to the north right-of-way line of
the first east/west alley south of East South Street
for a distance of approximately 148. 95 feet and width
of approximately 12 . 04 feet . Part situated in the Replat
of John Rush' s Second Addition in the City of South
Bend, Indiana.
For your information, the Board of Public Works received
favorable recommendations concerning this vacation from the Area
Plan Commission, Police Department, Fire Department, Division of
Engineering and Department of Sanitation, subject to easements
and utilities .
Therefore, the Board submits to you a favorable recommendation
concerning this alley vacation.
Sincerely,
BO " o OF PUBLIC WORKS 4A1"2-
'- Oildk0--Lili 'Sandra M. Parmerlee, Clerk
1308 County-City Building South Bend, Indiana 46601 219/284-9412
iiiiiiiiiiiiiJohn E. Leszczynski James R. Caldwell Mary H. Mueller
finmmittrr &pert
?ho the ennui= &unra of the (ate of Ocutly #irnd:
Your Committee of the Whole
to whom was referred
BILL NO.
64-92 SECOND READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED
PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST
NORTH-SOUTH ALLEY EAST OF S. CLINTON ST. FROM THE SOUTH
RIGHT-OF-WAY LINE OF E. SOUTH ST. TO THE NORTH RIGHT-OF-WAY
LINE OF THE FIRST EAST-WEST ALLEY SOUTH OF E. SOUTH ST. FOR
A DISTANCE OF APPROXIMATELY 148. 95 FEET AND A WIDTH OF
APPROXIMATELY 12.04 FEET. PART SITUATED IN THE REPLAT OF
JOHN RUSH'S SECOND ADDITION IN THE CITY OF SOUTH BEND,
INDIANA.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Ann Puzzello
Chairman