HomeMy WebLinkAboutVacate - Embell Ct running South from LaSalle St to the 1st intersecting East-WQest Alley • •
ORDINANCE No. 7$00-87
Passed by the Common Council of the City of South Bend,Indiana
September 28, 87
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Attest: City Clerk
IRENE K. GAMMON
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Attest. _� �_ _. /71...1(�! _IL/, President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 29, 87
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-`� City Clerk
IRENE K. GAMMON
Approved and signed by me SEDIEN bEia 29, i9
L Gj� Mayor
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ORDINANCE NO. 7?50 -8'7
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY
Embell Ct. running South from LaSalle Street
to the 1st intersecting East-West Alley
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:
Embell Ct. running South from LaSalle to the
1st intersecting East-West alley for a distance of 198'
more• or less all being in Winsman and Rush Sub to the
City of South Bend, Indiana.
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 Muncipal 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 thru and including 9 of Winsman and Rush Sub
to the City of South Bend.
SECTION IV. The purpose of the vacation of the real
property is to:
Promote safety, stop vandalism and help
rehabilitate the area.
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.
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7 emb-`( of the -Comm1 Council
PETITION TO VACATE PUBLIC RIGHTS- OF—WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL DATE August 17 . 1987
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
Street
A. THE Ai DESCRIBED AS:
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Embell Ct. -TRERT-, RUNNING (ea-stfarestfnortb/south) FROM
LaSalle STREET, FOR A DISTANCE OF APPROXIMATELY 198 FEET
TO:
The 1st intersecting East-West Alley
ALL IN Winsman & Rush (insert subdivision name)
B. THE STREET DESCRIBED AS
Embell Ct. STREET, FROM LaSalle STREET,
RUNNING south) TO 1st Alley - TREET-, FOR A
DISTANCE OF APPROXIMATELY 198 FEET.
NAME (printed and signed) ADDRESS LOT #
BEREAN SEVENTH-DAY ADVENTIST 601 West Colfax Avenue
CONTACT PERSON:
IRENE GAMMON
CITY CLERK Name Albert M. N. Jacobs
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PETITION TO VACATE
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EMbell Ct. running South from LaSalle Street to
. - the 1st intersecting East-West alley for a distance
of 198 ' more or less all being in Winsman and Rush
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sub to the City of South Bend St. Joseph County Indiana.
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CITY of SOUTH BEND
440444 u �, ROGER O. PARENT, Mayor
o V : 44Ioi COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601
); September 24, 1987
BOARD OF PUBLIC WORKS 219/204-9412
John E. Leszczynski
Patricia E. DeClercq
Michael L. Vance
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: STREET VACATION: EMBELL COURT RUNNING SOUTH FROM LA SALLE
STREET TO 1ST INTERSECTING E/W ALLEY
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. Albert M. N. Jacobs on behalf
of the Berean Seventh-Day Adventist Church, 601 West Colfax
Avenue, to vacate the following street:
Embell Court running south from LaSalle to the 1st inter-
secting east/west alley for a distance of 198 feet more or
less all being in Winsman and Rush Sub to the City of South
Bend.
For your information, a Public Hearing concerning the Vacation
Petition as filed was held by the Board of Public Works on
September 22, 1987.
Mr. Albert M. N. Jacobs, 1053 North Elmer Street, South Bend,
Indiana, was present on behalf of the Petitioner and spoke in
favor of the vacation of Embell Court. A copy of the excerpts of
the minutes of the Public Hearing is attached for your
information.
Based on favorable comments heard and recommendations received
from the Area Plan Commission, the Engineering Department and the
Department of Economic Development, the Board favorably recommends
the vacation of the above referred to street subject to any and
all utility easements.
Sincerely,
BOARD OF PUBLIC WORKS
Sandra M. Parmerlee, Clerk
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