HomeMy WebLinkAboutVacate - First North-South alley west of Kessler Blvd running South from McCartney St k.
ORDINANCE No. 7834-87
Passed by the Common Council of the City of South Bend, Indiana_
December 7, r9 87
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Attest: /cr. �'"` '� City Clerk
IRENE K. GAMMON
Attest: 4ILL...L,` President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
December 8,
IQ 87
City Clerk
IRENE K. GAMMON
Approved and signed by mew' r9 /
/
►�� Mayor
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ORDINANCE NO. X'7
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED
PROPERTY:
THE FIRST NORTH-SOUTH ALLEY WEST OF KESSLER BOULEVARD,
RUNNING SOUTH FROM MC CARTNEY STREET FOR A DISTANCE OF
APPROXIMATELY 128 FEET TO THE FIRST INTERSECTING ALLEY,
LYING BETWEEN LOTS 64 AND 65 OF THE NORTHWEST 2ND
ADDITION TO THE CITY OF SOUTH BEND, 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 1 . The Common Council of the City of South Bend
having held a public hearing on the petition to vacate the
following property:
The first North-South alley West of Kessler Boulevard,
running South from McCartney Street for a distance of
approximately 128 feet to the first intersecting alley,
lying between Lots 64 and 65 of the Northwest 2nd
Addition 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 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 Numbered 64 and 65 of the Northwest 2nd Addition
to the City of South Bend, Indiana.
SECTION IV . The purpose of the vacation of the real
property is due to the lack of use of the alley by the City of
South Bend for trash removal, as well as the failure of anyone to
provide maintenance to the alley. It is an unpaved alley. No
real need exists insofar as use or necessity.
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.
ember o the Common C•fncil
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL DATE November 13 , 1987
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The (lstauA* gXxw north-south) ALLEY (Rasivest/ rth ta) of
Kessler Boulevard STREET, RUNNING (east/vest/north/south) FROM
McCartney STREET, FOR A DISTANCE OF APPROXIMATELY 123 FEET
TO:
The first intersecting alley. lying: between Lots 64 and 65 of
the Northwest 2nd Addition to the City of South Bend
ALL IN the Northwest 2nd Addition to the City of South Bend
B. TaBLISTRREMOVISORTVEDxMK
STREET, FROM STREET,
R ERSx(c I t/north/south) TO STREET, FOR A
RISMAZZIMEutRRROMDUCZIM FEET.
xoAxXkittle5:1* ADDRESS LOT #
[T. ■ -. e r - j olds 1222 McCartney, So.Bend,IN46616
Dov i dl M_ (blob 1222 McCartney, So.Bend,IN46616
CONTACT PERSON:
EXHIBIT •" 1" -_
PETITION TO VACATE '
The 1st North-South alley west of Kessler Blvd. .
running South from McCartney Street to the 1st intersecting Alley
for a distance of 128 feet more or less lying between lots 64 and 65
of the Northwest 2nd Add to the City of South Bend
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CITY of SOUTH BEND
ROGER O. PARENT, Mayor
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r��f�Yi� r �•�yl v 1J�
JI _ COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601
11;Vm
December 1, 1987
BOARD OF PUBLIC WORKS 219/284-9412
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: ALLEY VACATION: 1ST N/S ALLEY W. OF KESSLER BLVD. RUNNING SO.
FROM MC CARTNEY ST. FOR A DISTANCE OF APPROX. 128 FT. TO THE
1ST 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 Attorney Kenneth P. Fedder, Suite 300, First
Bank Building, South Bend, Indiana, Contact Person, on behalf of the
Petitioners, Warren Reynolds, Margaret Reynolds and David M. Golob, 1222
McCartney, South Bend, Indiana, to vacate the following alley:
The first north/south alley west of Kessler Boulevard
running south from McCartney Street for a distance of
approximately 128 feet to the first intersecting alley,
lying between Lots 64 and 65 of the Northwest 2nd Addition
to the City of South Bend, Indiana.
For your information, a Public Hearing concerning the Vacation Petition
as filed was held by the Board of Public Works on December 1, 1987.
Attorney Kenneth P. Fedder, Suite 300, First Bank Building, South Bend,
Indiana, was present on behalf of the Petitioners and spoke in favor of
the vacation of this alley. There was no one else present wishing to
speak either for or against this proposed 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 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,
7RD OF PUBLIC MS'I M Parmerlee, Clerk