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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, r-->le4"4- a M or y 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. 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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