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Home My WebLink AboutVacate - 1st Noth South Alley East of Portage running North from El;wood to King Sti i ORDINANCE No. 7874-88 Passed by the Common Council of the City of South Bend, Indiana. May 2 i , rq 88 Attest: City Clerk IRENE K. GAMMON Attest: 6Ch547.4U— PI resident of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 24, r9 88 City Clerk IRENE K. GAMMON Appwved and signed by me May 2 4, �9 8 8 ryer.4-4741&- `�-� Mayor ORDINANCE NO, 7874-88 PETITION TO VACATE The 1st North-South Alley east of Portage running North from Elwood to King St. for distance of 120 feet all being in Northwest 2nd Add to the City of St. Joseph County, Indiana. 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 1st North-South Alley east of Portage running North from Elwood to King St. for a distance of 120 feet all being in Northwest 2nd Add to the City of St. Joseph County, Indiana. (see exibit "A") 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, 3 and 4 of Northwest 2nd addition to the City of South Bend. SECTION IV. The purpose of the vacation of the real prop*rty is to: Promote safety, decrease vandalism and improve property 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. 4 1%; R�r ,t�: -0-?I fiber o the Common Council APR ? 1988 ti € F-ARING'i 5-d3- & a RL•:N; 5'41'13'88" APPROVED PASSED 5—',A 1 a Ex `4 .r PETITION TO VACATE The 1st North-South Alley east of Portage running North from Elwood to King St. for a distance of 120 feet • -all being in Northwest 2nd Add to the City of St. Joseph County, Indiana 20 UI"-I -I- I - I - I-I-I ~I~I~ II ~I~ I~ I~I~I~' 111111 34 11E1111 WEL 119 41 35 ' 72.1111111111 � 00 — N M d to co t... m o o N M 1.4 .0 D I,- 03 at 36 : Cn ® 1 0 a . 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I1°.' • FO • PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) 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: Th• 1: and-) (past /north-south) ALLEY (east/y %e/ /8o h) of f - STREET, RUNNING (ea.8 as&t/north/s.a •) FROM / `_ L. FEET /` ierr t��,r STREET, FOR A DISTANCE OF APPROXIMATELY TO: ALL IN (insert subdivision name) B. THE STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (east/west/north/south) TO STREET, FOR A DISTANCE OF APPROXIMATELY - FEET. NAME (printed and .signed) ADDRESS LOT. # /Vo /YO6 ., - z• Ve: G 3 • • CONTACT PERSON: IRENE GAMMON CITY CLERK Name, 9:?CFET7LPONSEP COMMISS ION RICHARD S. JOHNSON H COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 May 10, 1988 The Board of Public Works 13th Floor, County-City Building South Bend, Indiana 46601 RE: Petition to vacate the first north/south alley east of Portage running north from Elwood to King Street Gentlemen: The Staff has reviewed this petition relative to IC 36-7-3-13. It is the Staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The Staff would recommend that this right-of-way be vacated, subject to any utility easements that may be required. Si cerely, --, i' t �i Kevin Joyce \ Planner KJ:s-r CC:' City Clerk Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN Ex .4 PETITION TO VACATE The 1st North-South Alley east of Portage running North from Elwood to King St. for a distance of 120 feet -all being in Northwest 2nd Add to the . City of St. Joseph County, Indiana • • z 2p rrnarrierr-ft- IIF-rrit-ilt-i t- 17: 11T 3 4 35 G 36 ® IO • 1.:12 lc; N H,,,,,,itc.,.,121i+ ii,_1,%1,,,11.1_, .n D h ao•® QUEEN• N MEE ,,. ST. 50' " _ ' :M N — O 2 0 8 O O d O O • O. ; m m O w w •. f_ _ Vuppc . ll, 01 E- • :1 W ' : -CO CO 1 MCCARTNEY • - • 140. {�. " .. hi . " A m t� to .n d M . 21,ca iD cD cD t0 cD ingl Ym ill to to n. to to d r,,,,, IQ :1 : 18 09 - 15 14 113112111 10 9 :• 2O �� i Q�o i �; !7 , cr g ��o: 1 _1 . ° i, / ` I .1. 1 ----- o ,� KING D mQ : I 2 3 4 5 8 .' 3 - �.. r:.7- T . 171 - 1 7 8. C ^ i ! 1 i 1 '. a CO f� W 11, 1O= I O 1 49 so sa 43 43• ' 159' i I ■ IN 1 M 1 1 !r 1 K11 • • c/ -______.--- . . - . . 4'.-\\. - /00\ __.-- . ' • • • • • . • FO-- • • �SOQTH 84.\\ll //... 1/ k �^%j' d % City of South Bend �/' y�vs... --, ,�l�.a~j Joseph E. Kernan, Mayor lh\\,* 1865``# Board of Public Works May 19, 1988 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION: 1ST N/S ALLEY E. OF PORTAGE RUNNING NORTH FROM ELWOOD TO KING 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. Robert Kochmar, 1406 Portage Avenue, South Bend, Indiana and Mr. Leonard Luther, 1402 Portage Avenue, South Bend, Indiana to vacate the following alley: The 1st north/south alley east of Portage running north from Elwood to King Street for a distance of 120 feet all being in Northwest 2nd Add. to the City of St. Joseph County, Inc. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on May 16, 1988 . Mr. Robert Kochmar, Petitioner, was present and spoke in favor of the vacation. A copy of the excerpts of the minutes of the Public Hearing is attached for your information. Therefore, based on information and recommendations received, the Board favorably recommends the vacation of the above referred to alley subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS AtAji_a_IX). -k i /1 / Sandra M. Parmerlee, Clerk smp Enc. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys