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Home My WebLink AboutVacate - First Noth South alley east of Williams St First East West alley south of Western Ave • +4 ORDINANCE No. 7663-86 Passed by the Common Council of the City of South Bend, Indiana July 28, x9--.86 Attest: City Clerk IRENE K. GAMMON - Attest: A.—,E _/ 1 .f- . — r President of Common Council I.Presented by me to the Mayor of the City of South Bend, Indiana _ July 29, ig 86 "R /CT -°-,../ City Clerk IRENE K. GAMMON Approved and signed by me 9_x 3 O ig e( „„ , ie- 7-1._ -d<A Mayor ORDINANCE NO. 7(0 t/3- $ 4 AN ORDINANCE TO VACATE THE FOLLOWING PROPERTY: The first North-South alley East of William Street, from Western Avenue, South to the South line of Lots 6 and 14, Vail's Southwest Addition, Block 8. and The first East-West alley south of Western Avenue, from William Street East to the East line of Lots 12 and 13, Vail's Southwest Addition, Block 8. 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 North-South alley East of William Street, from the South right of way line of Western Avenue, South to the South line of Lots 6 and 14 in Vail 's South-West Addition, Block 8; and The first East-West alley south of Western Avenue, from the East right of way line of William Street East to the East line of Lots 12 and 13 in Vail ' s South-West Addition, Block 8. 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 1, 2, 3, 4, 5, 6, 7, 9, 10 , 11 , 12, 13 and 14 of Block 8 of Vail 's Southwest Addition, South Bend. SECTION "y. The purpose of the vacation of the real property is to: expand the vehicle storage capacity of Gates Chevrolet Corp. , doing business as Gates Chevy World, 401 So. Lafayette Street, South Bend, Indiana. SECTION y. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. , • VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA The undersigned property owner petitions the Common Council of the City of South Bend to vacate: The first North-South alley East of William Street, from the South right of way line of Western Avenue, South to the South line of Lots 6 and 14 in Vail 's South-West Addition, Block 8; and The first East-West alley south of Western Avenue, from the East right of way line of William Street East to the East line of Lots 12 and 13 in Vail ' s South-West Addition, Block 8. VAN E. GATES, Petitioner 401 So. Lafayette Street South Bend, IN 46601 CONTACT PERSON: James M. Miller Attorney at Law 107 Lafayette Bldg. 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'�......... • rye I' -- , / _ ± F • • • (inmmittnrWrart In the Tatman flounril of tip (pity of*nutty /huh: Your Committee of the Whole to whom was referred BILL NO. 71-86 A BILL TO VACATE THE FOLLOWING PROPERTY: THE FIRST NORTH-SOUTH ALLEY EAST OF WILLIAM STREET, FROM WESTERN AVENUE, SOUTH TO THE SOUTH LINE OF LOTS 6 AND 14, VAIL' S SOUTHWEST ADDITION, BLOCK 8; AND THE FIRST EAST-WEST ALLEY SOUTH OF WESTERN AVENUE, FROM WILLIAM STREET EAST TO THE EAST LINE OF LOTS 12 AND 13 , VAIL'S SOUTHWEST ADDITION, BLOCK 8. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Ann B. Puzzello Chairman FREE PRESS erFeas> PUBLISHING CO. a ®® CITY of SOUTH END (.6ov'T.. . , ''�'''�soit �''$ ROGER O. PARENT, Mayor ~ /� Ac ` er t COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 4):"•:-..--'r,'""&i':+st BOARD OF PUBLIC WORKS July 21, 1986 219/284-9412 John E.Leszczynski,President Katherine G. Barnard Michael L. Vance MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATIONS: - 1ST N/S ALLEY E. OF WILLIAM FROM WESTERN AVENUE - 1ST E/W ALLEY S. OF WESTERN FROM WILLIAM 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. Van Gates, 401 South Lafayette Street, South Bend, Indiana, to vacate the following alleys: The first north/south alley East of William Street, from Western Avenue, South to the South line of Lots 6 and 14, Vail' s Southwest Addition, Block 8; and The first east/west alley south of Western Avenue, from William Street east to the East line of Lots 12 and 13 , Vail' s Southwest Addition, Block 8. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on July 15, 1986. Mr. Van Gates, Petitioner, and his attorney Mr. James M. Miller were present and spoke in favor of the vacation. There was no one else present wishing to speak either for or against the Petition and no written objections were filed with the Board. A copy of the excerpts of the minutes of the Public Hearing is attached for your information. Therefore, based on favorable comments made at the Public Hearing and favorable recommendations received from the Engineering Department, Area Plan Commission and the Department of Economic Development, the Board of Public Works favorably recommends the vacation of the above referred to alleys subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS and M. Pa ra rmerlee, Clerk smp Enc.