Loading...
HomeMy WebLinkAboutVacate - All streets and alleys south of Ewing Ave and Prairie Ave ORDINANCE No. 8031-89 Passed by the Common Council of the City of South Bend, Indiana October 23, 89 z9_ Attest: City Clerk IRENE K. GAMMON Attest: ILI President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 24, 89 z9 City Clerk IRENE K. GAMMON 89 Approved and signed by me October 24 zg - e - Mayor ORDINANCE NO. 30-5/49 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY All Streets and Alleys south of Ewing Avenue and Prairie Avenue(at the North) running south to the South line of the west half of the North east Quarter of Section 22 , Township 27 North, Range 2 East, and from Locust Road east to Grant Street , except 122 . 9 feet of Irvington Street East of Locust Road and 125 feet of Warren Street South of Ewing Street . Also vacating Grant Street running South from Ewing Avenue to its dead-end except for the North 166 ' . The purpose and intent of Mr . & Mrs . Chaang Huei Luan to vacate the -alleys and street is for a subdivision using only the Warren Street access as the main entrance to the north and Irvington Street access to the west . Pursuant to Indiana Code Section 36-7-3-12 , the Common Council is charged with the authority to hear all petition 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 : All streets and alleys south of Ewing Avenue and Prairie Avenue(at the North) running South to the South line of the West Half of the NE Quarter of Section 22 Township 37 North, Range 2 East and from Locust Road East to the Grant Street except 122 . 9 feet of Irvington Street East of Locust Road and 125 ' of Warren Street south of Ewing Street . Also vacating Grant Street running south from Ewing Avenue to its dead-end, except for the North 166 ' . hereby determines that it is desireable 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 fol- lowing : 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 thru 23 of Peak' s First Addition and un- platted Section directly South of Peak' s First Addition . SECTION IV. The purpose of the vacation of the real property is to : Allow a new subdivision 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 (STREETS AND ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA August 14 , 1989 WE, THE UNDERSIGNED PROPERTY OWNER(S) PETITION YOU TO VACATE : A. The alley described as : All east/west alleys south of Ewing Street running East from Locust Street , for a distance of approx- imately 1160+feet to Grant Street . All (north-south) alleys east of Locust , running south from Ewing Avenue for a distance of approvimately 2620+ feet to to the South line of West half of SE Quarter of Section 22 Township 37 North, Range 2 East . ALL IN Peak' s First addition : the West half of the NE Quarter of Section 22 Township 37 North, Range 2 East . B . THE STREET DESCRIBED AS : All streets from Ewing Avenue, running south to South line of West half of NE Quarter of Section 22 for a distance of approximately 2620+ feet and from Locust Road running east to Grant Street , except 122 . 9 feet of Irvington Street east 'of Locust and also 166feet of Grant street South of Ewing . NAME ( Prinited ADDRESS and signed) 54777 Luan Drive Osceola Chaang Huei Luan - In . 46561 AdlAill MAW AilitigrerW IETITIONER ChaangHuei Luan ' IRENE GAMMON CONTACT PERSON : CITY CLERK ROOM 455 Name Lang , Feeney & Assoc. Inc . COUNTY-CITY BUILDING Address715 S Michigan St . SOUTH South Bend, In 46618 OUTH BEND, IN 46601 Phone (219) 233-1841 CCP 2 9 1AAA r /``` ,lg•d 111 /A.r s`;:`r;;-, jj;, �� =d City of South Bend iii, 111 ,,, C,` �--f,57.j.2,0 Joseph E. Kernan, Mayor Board of Public Works October 17, 1989 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: VACATION OF ALL STREETS AND ALLEYS SOUTH OF EWING AVENUE AND PRAIRIE AVENUE (AT THE NORTH) 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 Lang, Feeney & Associates, Inc. , 715 South Michigan Street, South Bend, Indiana, on behalf of Mr. Chaang Huei Luan, 54777 Luan Drive, Osceola, Indiana, as the Petitioner, to vacate the following property: All streets and alleys south of Ewing Avenue and Prairie Avenue (at the north) running south to the south line of the west half of the Northeast Quarter of Section 22, Township 27 North, Range 2 East, and from Locust Road east to Grant Street, except 122.9 feet of Irvington Street East to Locust Road and 125 feet of Warren Street south of Ewing Street. Also, vacating Grant Street running South from Ewing Avenue to its dead-end except for the North 166 ' . For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on October 16 , 1989. Mr. Bernard Feeney, Lang, Feeney & Associates, Inc. , 715 South Michigan Street, South Bend, Indiana, was present on behalf of the Petitioner. Mr. Feeney informed the Board that Mr. Luan is requesting that the above referred to streets and alleys, which go through his property, be vacated as he plans to develop the property into a single family residential area. He noted that subject to the vacation of the streets and alleys, there will be replat of lots along Ewing Avenue. 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 17 , 1989 Page -2- Based on favorable comments received and heard, the Board favorably recommends the vacation of the above referred to streets and alleys subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS rr ."-ZACO014_,L*. 1 Sandra M. Parmerlee, Clerk smp Enc.