HomeMy WebLinkAboutVacate - 1st East/West alley South of Lincoln Way West Running from Ryer St •
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ORDINANCE No. 7904-88
Passed by the Common Council of the City of South Bend, Indiana
August 8, 19 88
Attest: ' -� City Clerk
IRENE K. GAMMON
Attest: •_ 1__ j � President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana _
August 9, 19 88
City Clerk
IRENE K. GAMMON
Approved and signed by me August 12 ,
1988
`'` Mayor
ORDINANCE No. ??0q-no
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY
The 1st east/west alley south of Lincoln Way West
running east from Ryer St. to the 1st intersecting
north/south alley for a distance of 120 feet, all
being in Alwards addition and Brentwood Estates 4th
addition to the City of South Bend, In.
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;
The 1st east/west alley south of Lincoln Way West
running east from Ryer St. to the 1st intersecting
north/south alley for a distance of 120 feet, all
being in Alwards addition and Brentwood Estates 4th
addition to the City of South Bend, In.
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:
The property legally described as Lot 184 Brentwood
Estates 4th addition would be beneficially affected
by such vacating.
SECTION IV. The purpose of the vacation of the real property
is to:
Allow the property owner of Lot 184 Brentwood Estates
4th addition, the opportunity to utilize this property
for off-street parking and to help deter vandalism,w,.
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.
401,
ember o the Common Council
PETITION TO VACATE PUBLIC RIGHTS—OF—WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL DATE Tu 1 y 1 1 _ 1_98$
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The (1st/ # ) (east-vest ###W ##W) ALLEY (## # #/south) of
Lincoln Way West STREET, RUNNING (east/000000404400 FROM
Ryer STREET, FOR A DISTANCE OF APPROXIMATELY 120 FEET
TO:
to the 1st intersecting north/south alleys all being in
Alwards addition and Brentwood Estates 4th addition to
the City of South Bend, Indiana.
ALL IN (insert subdivision name)
B. THE STREET DESCRIBED AS:
STREET, FROM STREET,
RUNNING (east/vest/north/south) TO --"--- STREET, FOR A
DISTANCE OF APPROXIMATELY FEET:
NAME printed and ai�zned)`
ADDRESS LOT #
/9/1/-- ", OrAqwatiff 3318LincOln way west 23-24-25
7/!. .` �
/Rig NM Pti, P TEE _3300 Lincoln Wav West 46 & 47
0 8 f WOZA)//1/ 1233 N. Iowa St. 194
A , ,T 07a."JA.,z_
01, .
CONTACT PERSON: -
RTE
CITY CLERK LERK Name Julius H. DeLanghe
C
Address 1240 Rver St.
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•
SpUTH ���\�1,
�' v City of South Bend
/,i' .Lti``, f/ a j Joseph E. Kerman, Mayor
111°S'••. ,.....
1 G
,`\‘‘A\\86
Board of Public Works
August 1, 1988
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: ALLEY VACATION - 1ST E/W ALLEY S. OF L.W.W. RUNNING E.
FROM RYER ST. TO 1ST INTERSECTING N/S ALLEY FOR A DISTANCE
OF 120 FT.
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 submitted by Mr. Julius H. DeLanghe, 1240 Ryer Street
on behalf of Mr. Alfred Brandt, 3318 L.W.W. , Mr. Raman Patez, 3300
L.W.W. and Mr. Robert Wozniak, 1233 North Iowa Street, South Bend,
Indiana, to vacate the following alley:
The 1st east/west alley south of Lincolnway West
running east from Ryer Street to the 1st intersecting
north/south alley for a distance of 120 feet, all being
in Alwards addition and Brentwood Estates 4th addition to
the City of South Bend, IN
For your information, a Public Hearing concerning the Vacation Petition
as filed was held by the Board of Public Works on August 1, 1988.
Mrs. Mardelle DeLanghe, 1240 Ryer Street, South Bend, Indiana, 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.
Based on favorable comments received from the Engineering Department
and the Department of Economic Development and the concerns of the Area
Plan Commission regarding access to the garage on Lot #183 being
addressed, the Board favorably recommends the vacation of the above
referred to alley subject to any and all utility easements.
Sincerely,
BOARD OF PUBLIC WORKS
ACtyikAAI-Cna.
Sandra M. Parmerlee, Clerk
1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412
John E. Leszczynski Patricia E. DeClercq Katherine Humphreys
(hnmmtttn larp trt
�!u the Tonto= (lounril of the CV of'ontli fiend:
Your Committee of the Whole
to whom was referred
BILL NO.
67-88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST
EAST/WEST ALLEY SOUTH OF LINCOLN WAY WEST RUNNING EAST FROM
RYER ST. , TO THE 1ST INTERSECTING NORTH/SOUTH ALLEY FOR A
BIENTOO OF 120 ADDITION GTONTHEWCIITTY OF SOUTH BEND,
BRENTWOOD
IN.
Respectfully.report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Thomas Zakrzewski
Chairman
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