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Home My WebLink AboutVacate - Certain Alleys right of ways in Bulla's Addition ORDINANCE No. 7683-86 Passed by the Common Council of the City of South Bend, Indiana September 8, r9 86 Attest: City Clerk IRENE K. GAMMON Attest: / w �� I� � ' ' "sident of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 9, r9 86 City Clerk IRENE K. GAMMON Approved and signed by me ' 0 •' 19 Q'C� Mayor ORDINANCE NO. 3 (® g (o AN ORDINANCE TO VACATE CERTAIN ALLEYS AND RIGHTS-OF-WAY IN BULLA'S ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Pursuant to IND. CODE §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: 1 . The one-half east-west alley bounded on the west by Hill Street and on the east by the north-south alley in Bulla' s Addition to the Town of Lowell, now a part of the City of South Bend, Indiana. 2 . The north-south alley bounded on the north by South Bend Avenue and on the south by Cedar Street in Bulla' s Addition to the Town of Lowell, now a part of the City of South Bend, Indiana. 3 . The public right-of-way beginning at the southwest corner of Lot 5 of Bulla's Addition to the Town of Lowell, now a part of the City of South Bend, Indiana: Thence North along the West line of said Lot 5 a distance of twenty (20) feet; Thence East six (6) feet; Thence South and parallel to the West line of said Lot 5 a distance of fifty-four (54) feet more or less across a vacated alley and to a point twenty (20) feet South and six (6) feet East of the Northwest corner of Lot 4 of said Bulla's Addition; Thence West six (6) feet to the West line of said Lot 4; Thence North Twenty (20) feet to the Northwest corner of said Lot 4; Thence North fourteen (14) feet more or less across a vacated alley to the point of beginning, describing a rectangular parcel six (6) feet East and West by fifty-four (54) feet North and South in Portage Township, St. Joseph County, Indiana. 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, tele- phone, 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 one (1) through eight (8) , inclusive, and ten (10) through fifteen (15) , inclusive, in Bulla' s Addition to the Town of Lowell, now a part of the City of South Bend, Indiana. SECTION IV. The purpose of the vacation of the real property is to allow the use and enjoyment thereof to be limited to the owners of abutting property. 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. 1st READING 8-/k-P‘ rdcf IN CtrRK'S R�.E�� / >i�-- a VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED, being owners of contiguous property, hereby petition you to vacate the following property located in the City of South Bend, Indiana: 1 . The one-half east-west alley bounded on the west by Hill Street and on the east by the north-south alley in Bulla' s Addition to the Town of Lowell, now a part of the City of South Bend, Indiana. 2 . The north-south alley bounded on the north by South Bend Avenue and on the south by Cedar Street in Bulla' s Addition to the Town of Lowell, now a part of the City of South Bend, Indiana. 3 . The public right-of-way beginning at the southwest corner of Lot 5 of Bulla' s Addition to the Town of Lowell, now a part of the City of South Bend, Indiana: Thence North along the West line of said Lot 5 a distance of twenty (20) feet; Thence East six (6) feet; Thence South and parallel to the West line of said Lot 5 a distance of fifty-four (54) feet more or less across a vacated alley and to a point twenty (20) feet South and six (6) feet East of the Northwest corner of Lot 4 of said Bulla' s Addition; Thence West six (6) feet to the West line of said Lot 4; Thence North twenty (20) feet to the Northwest corner of said Lot 4; Thence North fourteen (14) feet more or less across a vacated alley to the point of beginning, describing a rectangular parcel six (6) feet East and West by fifty-four (54) feet North and South in Portage Township, St. Joseph County, Indiana. 0. Vacation of the aforementioned property is requested so that the use and enjoyment of the property to be vacated may be limited to the owners of the property which abuts the above-described properties to be vacated. Attached to this Petition is a Ratification of Vacation Petition signed by owners of property abutting the above-described properties to be vacated joining in this Vacation Petition as co-petitioners. Also attached to this Petition is a list of names and addresses of all abutting property owners, addressed, stamped envelopes for all such abutting property owners, and a map showing the location of the property to be vacated. PETITIONING PROPERTY OWNER SAINT JOSEPH' S MEDICAL CENTER, INC. Or By John B. Ford, Attorney IRENE GAMMON CITY CLERK ROOM 455 COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601 ATTORNEYS FOR PETITIONERS: JOHN B. FORD and THOMAS F. LEWIS, JR. JONES, OBENCHAIN, FORD, PANKOW & LEWIS 1800 VALLEY AMERICAN BANK BUILDING POST OFFICE BOX 4577 SOUTH BEND INDIANA 46634 (219) 233-1194 • IZI — Ta t3E VACATED • • ,._ _ s k S �� s _ l 1 i 3 0 4 t / i i • t ° i t'"F s mo-71 V a ` i b $ `k e ill - r' __ 1 q o f '- , ��r - _. t i 1 . .... _. _ .-- _ _ v .... rte• / ► y.: - - • - . .. _ — - ---... t . • - Y .. r 2 f • • i t — �-•. r-• ; —.._ --..: _ - ! •. T y1 i �.0 --....+. -� ...tee -- ._ r . \.i 1 7 ' , -■Ff ` 2 2 RATIFICATION OF VACATION PETITION We, the undersigned owners of property abutting alleys and rights-of-way in Bulla' s Addition to the Town of Lowell, now a part of the City of South Bend, Indiana, being the block bounded on the north by South Bend Avenue, on the east by St. Louis Boulevard, on the south by Cedar Street and on the west by Hill Street, hereby consent to the vacation of all of said alleys and rights-of-way and join in the petition of Saint Joseph' s Medical Center, Inc. to vacate the same as co-petitioners. I, Wyk / /- Name Address 610 • Name Address ,,, 67727/Ad f.--ae Name ess b4/ 2 W' .074447d4Z Nam- Address Name Address Name Address Name Address Name Address Name Address Name Address SAINT JOSEPH'S MEDICAL CENTER VACATION PETITION LIST OF ABUTTING PROPERTY OWNERS 1. Mabel N. Shaheed 1013 Rush Street South Bend, Indiana 46618 2. Cedric and Opal Coleman 737 North Frances South Bend, Indiana 3. William or Wanda Jenkins 2229 West Washington Post Office Box 3535 South Bend, Indiana 46619 4. Carmine and Patsy Pucha 604 South Bend Avenue South Bend, Indiana 5. Mary R. Dainelli 604 South Bend Avenue South Bend, Indiana 6. Milo C. and Marguerite Sappington 518 North Hill Street South Bend, Indiana 7. Ronald Newhouse c/o John Graber 1802 West Franklin Elkhart, Indiana 46516 8 . John Graber 1802 West Franklin Elkhart, Indiana 46516 9. Victor Karczewski 317 West Marion South Bend, Indiana 10. Julia Ameduri, Rocco Ameduri, Linda Verteramo and Gina Ameduri 612 Peashway South Bend, Indiana 46617 11 . Saint Joseph's Medical Center 811 East Madison South Bend, Indiana 12. Renelda Robinson 610 South Bend Avenue South Bend, Indiana 46617 frnmmtttrr &port can tie Cumin Qloutuil of tip CV of*nutty Brno: Your Committee of the Whole to whom was referred BILL NO. 92-86 A BILL TO VACATE CERTAIN ALLEYS AND RIGHTS-OF-WAY IN BULLA'S ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA. 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 PUBLISHING Co.