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Home My WebLink AboutVacate - first East-West Alley South of Huron St running East from Koscieszko St to the first North South intersecting alley ORDINANCE No. 7752-87 Passed by the Common Council of the City of South Bend, Indiana May 26, Ig 87 Attest: City Clerk IRENE K. GAMMON Attest: 4 ' � J f:3L President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 27 , IQ 87 City Clerk IRENE K. GAMMON Approved and signed by me °2 7/ zg g7 /,_I,4/ Mayor ORDINANCE NO. `7 7s--A -R 7 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first East-West Alley South of Huron Street running East from Kosciuszko Street to the first North-South intersecting alley for a distance of 128.6 feet between lots 22 and 23 of J M Studebaker Sub of Lot 1 - Harper & Ruckmans survey to the City of South Bend, St Joseph County, Indiana 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 first East-West Alley South of Huron Street running East from Kosciuszko Street to the first North-South intersecting alley for a distance of 128.6 feet between lots 22 and 23 of J M Studebaker Sub of Lot 1 - Harper & Ruckmans survey to the City of South Bend, St. Joseph County, 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 Municipal City of South Bend, Indiana to construct and maintain any facilities, 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 properties adjacent to this alley will not be injuriously af- fected by the vacation. They will, however, be beneficially af- fected. The home on the south side of the alley is only 18 inches from the alley and this will give more space. There has also been trouble with people speeding through this alley and around the corner into the north-south intersecting alley which is posing a threat to both adjoining properties and the buildings and vehicles on these properties. It also poses a threat to other vehicles using these alleys and children playing nearby. SECTION IV. The purpose of the vacation of the real property is to: The purpose of the vacation is to stop people who do not live around here from speeding through the alley and endangering the lives and property of the people who do. The cars go speeding through the alley so fast that they cannot make the corner at the end of the alley and go flying out into the property across the north-south alley and then while trying to regain control of their cars they have come close to crashing into the cars and garages nearby. If anyone were going down the north-south alley there would be a bad accident. It also endangers the lives of the children who live and play near the alley. VACATION PETITION DATE /./C/45-in TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The east-west alley in the block bounded by Huron Street and Ford Street in J M Studebaker Sub of Lot 1 - Harrier & Ruckmans survey to the ..City of South Bend, St. Joseph County, Indiana. NAME E, ADDRESS I iq l✓`�`°,vr. oZO94Sc ( S'z/4L) ��7/s _ L 1 • - / - _ fi t :a��.� kc) .�J` rots 0 • `J / 7 /]Osc/Cis z —a f o15 + , -. IRENE GAMMON CONTACT PERSON: ' CITY CLERK ROOM 455 Name Gregory G. Celmer COUNTY-CITY BUILDING SOUTH BEND, IN 46601 Address 520 Kosciuszko Street South Bend, IN 46619 Phone 289-5391 G X /1 PEITION TO VACATE The 1st East-West Alley South of Huron Street running East from Kosciuszko Street to the 1st North-South intersecting alley for a distance of 128 . 6 feet between lots 22 and 23 of J M Studebaker Sub of Lot 1 - Harper & Ruckmans survey to the City of South Bend, St . Joseph County, Indiana V./ES7'ERI!- 1 A v - Li 1, .2.9 • 4Z.9 -i2.9'• '• 42.9 429' ." '42-9 qq"••-...,� i t5Ta5.4S 43.33 • 94.27'; N '^ m 24 5 6 6 5 ,'r,� N n r "' :o g29S 14' i 13121 w r 34 7 ■ ,4 P P • 2 , 13n.b. 'AV < b 4 12 �' Nv 12 8 39 = 1"' ; 14 33 : F= ° 8 g 9 40 : U ° 15 34 - 9 'r�?� g 134 $ Cl) $ 10 t0 41 t 16 35 10 42 _ 17 36 = • ° 11 27 II 16 28 12 4... 4 4 I8R.8" ,Us. 4 4 ! _ 17 29 13 rs ¢s.6 28.8' --r2.7)B^b_ , 44 t 4 19 38 4- 13 ammo 30 14 45 - ° 20 • 39 - - 14 " 46 : 21 40 - 15 19 g 31 15 47 = 22 41 = = 16 20 32 16 NNE 4 in.0- , r43f.. 4 I4 ig. = 21 , 33 17 R f V f to N '4 226.. 7 4 1.TS• /3G..8 '4%.6. ._ _ __ HURON ST.51 'W. t 4 284 4 �- -._ • . X1` 31 $ g. 55 a 9 50 = ` 25 44 = ` 19 $ • 24 . - 36 20 51 z 26 45 = 20 52 : 27 46 `E-j' 25 37 21 Q �j� g 26 g 38 22 5 ,.8' 4 . 4 ,2A a• . ii_. " 4 MI i l�y" �� 23 ►7b� 39 54 29 48 v� - 40 . _ - 47 'a' �� ; 24 55 30 49 �' 41 = cc 56 31 50 iillr '25 42 = <_X PPP 5I v 5 ntt" " R 13A.R" 12A B' O 25 r 2e.8' — 58 t `Y 111007C , 59 ; 34 53 = U : 28 1 l t 26 60 - 35 54 • 0 .i'29 Sl f.pN 134.c. • _ 27 61 : 0.. ' 36 55 _ ' 30 ! e 441.- 51 28 FORD ,;�pN FORD • ,00' 152.11481 I 1480� 62. •• _ 46 do?!!It y o CITY of SOUTH !:END �I��i►,�/�� `�'p o$' ROGER O. PARENT, Mayor / // N A, S E• :t\ ,:� A0 I AA 'clre d COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 oo4 1A s 4)% •1846 ®® ‘,, am -.6 " BOARD OF PUBLIC WORKS 219/284-9412 John E. Leszczynski May 19 , 1987 Patricia E. DeClercq Michael L. Vance MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION - 1ST E/W ALLEY SO. OF HURON ST. RUNNING EAST FROM KOSCIUSZKO TO THE 1ST N/S INTERSECTING 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 the following individuals: David A. Celmer 520 Kosciuszko Street Gail Marie Celmer 520 Kosciuszko Street Gregory Celmer 520 Kosciuszko Street Gertrude Botka 514 Kosciuszko Street Chester Botka 514 Kosciuszko Street to vacate the following property: The first east/west alley south of Huron Street running East from Kosciuszko Street to the first north/south intersecting alley for a distance of 128.6 feet between lots 22 and 23 of J.M. Studebaker Sub of Lot 1 - Harper & Ruckmans survey to the City of South Bend, St. Joseph County, Indiana For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on May 19, 1987. Mr. Gregory G. Celmer, 520 Kosciuszko Street, South Bend, Indiana and Mrs. Gertrude Botka, 514 Kosciuszko, were 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. MEMBERS OF THE COMMON COUNCIL May 19, 1987 Page -2- Based on favorable comments 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 alley subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk smp Enc.