HomeMy WebLinkAboutVacate - 2nd East West alley North of Marion St running west from Leland St I
ORDINANCE No. 8030-89
Passed by the Common Council of the City of South Bend, Indiana
October 9, 89
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Attest: `�` City Clerk
IRENE K. GAMMON
Attest: 4 1 ill` �L. ` 0 President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana
October 10, 89
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City Clerk
IRENE K. GAMMON
Approved and signed by me October 12 1989
€-A". `7'(4'"-IL*-- Mayor
ORDINANCE NO. 0 o3C)- 9
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED
PROPERTY: 2ND EAST-WEST ALLEY NORTH OF MARION STREET,
RUNNING WEST FROM LELAND STREET FOR A DISTANCE OF
APPROXIMATELY 160.3 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:
2nd east-west alley north of Marion Street, running west from Leland
Street for a distance of approximately 160. 3 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:
Lots 1, 2, 6 and 7 of Burroughs Sub
SECTION IV. The purpose of the vacation of the real property is to:
Provide for the safety and welfare of the children and residents
in the area.
SECTION V. This ordinance shall be in full force and effect from
and after its passage by the Common Council, approval by the Mayor.
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Me, •e of the Co ' ouncil
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
-- - -- - - - -
TO THE COMMON COUNCIL �f
DATE /.,�C.°Gf_G' r /� ( / �7
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 (43:1105 /north-south) ALLEY (east/west Wort /south) of
STREET, RUNNING (east/ n /north south) FROM
��a r l�' ►'[ FEET
/P BcL.v\A STREET, FOR A DISTANCE OF APPROXIMATELY
TO:
ALL IN , 3[.e r1'c 1 (AS (insert subdivision name)
B. THE STREET DESCRIBED AS:
STREET, FROM STREET,
RUNNING (east/west/north/south) TO
STREET, FOR A.
DISTANCE OF APPROXIMATELY FEET.
NAM (printed and signed) ADDRESS LOT
1,410tc/ 7,-j .---Dex..,Y/d. E .. fP [ as .i.13
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CONTACT PERSON:
IRENE GAMMON Name J)a i ie( F r i t z-
ALLEY VACATION
THE SECOND EAST vat ALLEY OF LI,NDSCY AVENUE
PtLOCATED BETWEEN LELAND AVENM€AND THE FIRST NORTH SOUTH
ALLEY WEST OF LELAND� UE, FOR A DISTANCE OF 160,3
IN BURROUGHS SUB IN"` THE CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA
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SOUTH 8-\\\1t
i Zl \��gar,, d City of South Bend
A W`:-` - .ji,a j Joseph E. Kernan, Mayor
Ihl,� 1865'..44,
Board of Public Works
October 3 , 1989
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: ALLEY VACATION - 2ND E/W ALLEY NORTH OF MARION RUNNING
WEST FROM LELAND
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. David Fritz, 618
North Leland Avenue, South Bend, Indiana, as Contact Person on
behalf of the following Petitioners:
David E. Fritz 618 North Leland South Bend, IN
Vicki J. Fritz 618 North Leland South Bend, IN
Carolyn J. Clements 2266 W. Markle Rd. Huntington, IN
to vacate the following property:
2nd East/West alley north of Marion Street, running
West from Leland Street for a distance of approximately
160.3 feet
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. David Fritz, 618 North Leland Street, South Bend, Indiana,
Contact Person and Petitioner, was present and spoke in favor of
the proposed vacation. There was no one else present wishing to
speak on this matter and no written objections were filed with
the Board. Mr. Fritz advised the Board that he has discussed
this vacation with his neighbors and they are not opposed to the
closing of the alley. A copy of the minutes of the Public
Hearing is attached for your information.
1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412
John E. Leszczynski Patricia E. DeClercq Katherine Humphreys
MEMBERS OF THE COMMON COUNCIL
October 3 , 1989
Page -2-
Based on positive comments received and heard, the Board
favorably recommends the vacation of the above referred to alley
subject to any and all utility easements.
Sincerely,
BOARD OF PUBLIC WORKS
-0 , 0 I Ill
Sandra M. Parmerlee, Clerk
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