HomeMy WebLinkAboutVacate - Division now Western Ave 20 feet public right of way between Frances St & Notre Dame Ave ORDINANCE No. 8029-89
Passed by the Common Council of the City of South Bend, Indiana
October 9, 89
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Attest: N'i`�"°' °° " `-'^- ✓ City Clerk
/ IRENE K. GAMMON
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Attest: .///t / �, ■ v/ President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 10, 89
19
54-4 City Clerk
IRENE K. GAMMON
Approved and signed by me October 12 �9 89
' 4 Mayor
ORDINANCE NO. s,0
a q- S C1
AN ORDINANCE TO VACATE DIVISION (NOW WESTERN)
AVENUE TWENTY (20) FEET PUBLIC RIGHT OF WAY
BETWEEN FRANCES STREET AND NOTRE DAME AVENUE
ALL BEING IN BECKS 1ST.
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:
Division (Now Western) Avenue 20 feet public right of
way between Frances Street and Notre Dame Avenue all being in
Becks 1st, 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: South Bend Public
Transportation Corporation Lots 2, 3, and 22.
SECTION IV. The purpose of the vacation of the real property
is to improve the safety and security around the South Bend Public
Transportation Corporation's bus garage.
SECTION V. The Ordinance shall be in full force and effect
from and after its passage by the Common Council and approval by the
Mayor.
�A� caeniNG Q-dn `6 I / /I n. / .[i» D /0
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREET: ''1D ALLEYS)
SEP 1 1989
GENE GAMMA" •
September 11, 1989
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/2nd) (east-west/north-south) ALLEY (east/west/north/south) of
STREET, RUNNING (east/west/north/south) FROM
STREET, FOR A DISTANCE OF APPROXIMATELY FEET
TO:
•
ALL IN (insert subdivision name)
B. THE STREET DESCRIBED AS: 1
WESTERN AVENUE STREET, FROM NQTRE DAME AUNTIE STREET,
RUNNING (east/west/north/south) TO ' FRANCES STREET, FOR A
DISTANCE OF APPROXIMATELY • 344 FEET. t
'NAME (printed and .sianed) ADDRESS LOT #
2icIY ALQe,6,, Q,rIc,Ant 1_, 4110E. .0101 €_ mow( us to C al 3, fl-
Soak CateKci P—r 0tk
•
CONTACT PERSON: -
IRENE GAMMON Name Bruce A. Zakrzewski , Controller
CITY CLERK A/\T n. ■TnnmTTct T\Lr DT TIT\
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ti -k> %'r'd '� City of South Bend
�+\~1865// Joseph E. Kemen, Mayor
Board of Public Works
October 3 , 1989
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: STREET VACATION: WESTERN AVENUE FROM NOTRE DAME TO
FRANCES 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. Bruce A. Zakrzewski, Controller,
TRANSPO, 901 East Northside Boulevard, South Bend, Indiana, on behalf
of the Petitioner, Mr. Richard L. Rohde, General Manager, South Bend
Public Transportation Corporation, 901 East Northside Boulevard,
South Bend, Indiana, to vacate the following property:
Division (now Western) Avenue 20 feet public right-
of-way between Frances Street and Notre Dame Avenue
all being in Becks 1st
For your information, a Public Hearing concerning the Vacation
Petition as filed was held by the Board of Public Works on October 2,
1989. Mr. Richard Rohde, General Manager, TRANSPO, as Petitioner,
was present and spoke in favor of the vacation. There was no one
else present wishing to speak on this proposed vacation and the Board
did not receive any written objections from affected property
owners. A copy of the minutes of the Public Hearing is attached for
your information.
Based on favorable comments received and heard, the Board favorably
recommends the vacation of the above referred to street subject to
any and all utility easements.
Sincerely,
BOARD OF PUBLIC WORKS
LO&Un 1• C4 I •
Sandra M. Parmerlee, Clerk
Enc.
1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412
John E. Leszczynski Patricia E. DeClercq Katherine Humphreys