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Home My WebLink AboutVacate - First East/West Alley North of Northside Blvd running West from Oakland St • t � ORDINANCE No.. 7877-88 Passed by the Common Council of the City of South Bend, Indiana June 13 , Ig 88 Attest: City Clerk IRENE K. GAMMON Attest: \j2A1V President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ June 14, 88 19 /l _ City Clerk IRENE K. GAMMON Approved and signed by me ck6t Ig R • Mayor i ORDINANCE NO. 78?7-gig' AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The First East/West Alley North of Northside Blvd. , running West from Oakland St., for a distance of approximately 120 feet to the First intersectin North/South Alley, all located in Oakland Park Addition to the City of South Bend. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the auhtority to hear all petitions to vacate public ways or public places within the City. The following Ordianance vacated 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 First East/West Alley North of Northside Blvd., running West from Oakland St., for a distance of approximately 120 feet to the First intersecting north/South Alley, all located in the Oakland Park Addition to the City of South Bend. 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 r'r beneficially affected by such vacating: Lot #115, 116, 117, 118, 42. SECTION IV. The purpose of the vacation of the real property is to: Create better security and safety for adjacent properties and for the community in general. The existing property (as is) seems to invite individuals who exceed speed limits, drive wreckless, drink alcohol publicly, loiter and litter. . We the Petitioners view these types of activities as a safety and security hazard for the whole community. This alley which currently serves no purpose (other than that noted) if vacated, will be upgraded in a fashion that can enhance the communities aesthetics and delete the security/safety problem which now exists. Should this alley be vacated by the city of South Bend the private sector will be in a better position to maintain the 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. Membe of the Common Council s PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE May 5_, 1988 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The 41!!!!!!!!) ALLEY ort of Nort se Blvi . TREET, RUNNING FROM Oakland STREET, FOR A DISTANCE • ' APPROXIMATELY 120 FEET TO: the First intersecting North/South Alley. (See Attached Map) ALL IN , Oakland Park addition to the City of South Bend. B. THE STREET DESCRIBED AS: N/A STREET, FROM STREET, RUNNING (east/west/north/south) TO STREET, FOR A DISTANCE OF APPROXIMATELY FEET. NAME (printed and .si:ned' ';, - I ADDRESS LOT # Mr. John M. Mitchell 4111 ' \ 1V4P, � 7 Oakland st. South Bend 46615 115 Mrs. Karen L. Mi tc alltsiAk �,,,./�� o A7 Oakland st. South Bend 46615 115 Mr. Chuck Stultz - Executive Officer Board of Realtors 1 . 1357 North Side Bvld. 116, 117, 118 C.tz...rsz A-a.,, (; 411 °' South Bend, Ind 46615 CONTACT PERSON: IRENE GAMMON CITY CLERK Name John M. Mitchell J . N 46 111 E 44 112 S 43 113 • • • .. • . ,, 114 ;' 11 40 41 42' •' 1 16 1 1 1 1 W • W • • •. H• IC NORTH BLVD f..:•..--ST JOSEPH :: �•'•:-•.. ... •.fir �.Y r w/ � ww wwwrrwwwwwww/ / / wwr�i•�i�i�iii�i�i�i�i� i •iiJ�w�wwwwwwwwwww/w/wrwrww�ww•��iii�i�i�iw�b PROPERTY OWNER'S WITH-IN 50 FT. OF ALLEY BEING PETITIONED FOR VACATING 1. MR. & MRS. JOHN M. MITCHELL 1237 OAKLAND ST. SOUTH BEND, IND. 46615 2. SOUTHBEND ! MISHAWAKA BOARD OF REALTOR'S, INC. 1357 NORTHSIDE BVLD. SOUTH BEND, IND. 46615 3. ST. JOSEPH COUNTY BLDG. TRADE COUNCIL- LOCAL 101 1345 NORTHSIDE BVLD. SOUTH BEND, IND. 46615 . . . . • . :• South Bend-Mishawaka Board of REALTORS, Inc' Multiple Listing Service of the South Bend-Mishawaka Board of REALTORS, Inc. REA[TOR&0 . May 26, 1988 Ms. Sandra M. Parmerlee Clerk Board of Public Works 1308 County-City Building South Bend, IN 46601 Dear Ms. Parmerlee: • I received your certified letter (# P 688 405 762) concerning vacating the alley north of our property and appearing at a pub- lic hearing on June 6, 1988. I would like to Withdraw my name from the petition due to the fact I will have to gain authorization on behalf of the Board of Realtors prior to placing our name back on the petition. Our organization doesn' t have anything to gain or lose from the alley as is or if it is vacated . If the neighbors to our north feel that it is in their best interest to have the alley closed off I 'm sure we wouldn' t have any objections. . � Therefore since my name is being removed from the petition I do not have any reason to appear at the hearing . If you have any questions or their is anything else I need to do to remove my name from the petition please let me know. Sincerely, Charles R. Stultz Executive Officer CRS/slr 1357 Northside Blvd., South Bend, Indiana 46615 (219) 289-6378 �_-_ 1 g � AR£A PLAN COMMISSION OF ST JOSEPH COUNTY, IN Room 1140 County -City Building South Bend, Indiana 46601 June 3, 1988 RICHARD S. JOHNSON Executive Director (219) 284 -9571 (1)i 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 ineane 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. Sinc rely, q1;.--- Kevin Joyce Planner KJ:sr e,' C: City Clerk Sr rng: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN �d N W E S PAL NORTH SIDE.....:........... . BLVD JOSEPH -. f oututt #rr levo # Ulu #tit Townson (IIaundl of t4r (di #g of OoW411pn3: Your Committee to whom was referred of the Whole BILL NO. 33 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF NORTHSIDE BLVD. RUNNING WEST FROM OAKLAND ST., FOR A DISTANCE OF APPROXIMATELY 120 FEET TO THE FIRST INTERSECTING NORTH /SOUTH ALLEY, ALL LOCATED IN OAKLAND PARK ADDITION TO THE CITY OF SOUTH BEND. Respectfully-report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. FREE PRESS uJEE�bp FusuSHING CO. 0 Thomas Zakrzewski Chairman