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Home My WebLink AboutVacate - First Noth South Alley West of Laurel St ORDINANCE No. 7601-86 Passed by the Common Council of the City of South Bend, Indiana Fcbruary 24, r9-8.6-- Attest: ! `'"'` City Clerk IRENE K. GAMMON Attest: ,0-E,1464.- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ February 25, 19_8 6 `t`' - City Clerk IRENE K. GAMMON Approved and signed by me 3 ig C i `� Mayor ORDINANCE NO. 7(00f - $., AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY WEST OF LAUREL STREET RUNNING SOUTH FROM NAPIER STREET TO THE FIRST INTERSECTING EAST-WEST ALLEY FOR A DISTANCE OF 175. 56 FEET LYING BETWEEN LOT 10 OF WILLETT'S SUB OF B.O.L. 89 AND LOT 6 OF DEARDOFFS' SUB OF B.O.L. 90 ALL BEING IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 37-7-3-12, the Common Council is charged with 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 west of Laurel Street running South from Napier Street to the first intersecting east-west alley for a distance of 175.56 feet lying between Lot 10 of Willett's Sub of B.O.L. 89 and Lot 6 of Deardoffs ' Sub of B.O.L. 90 all being in 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, 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: All property will benefit because it can be kept clean and free of trash, and junk cars will not be parked there any longer. SECTION IV. The purpose of the vacation of real property is to: Join Lots 6 and 10 which are on the West and East sides of the alley. Both lots are owned by the same party and can be kept up, cleaned, and improved. 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. Member of the •mmon Council VACATION PETITION DATE A� TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY , PETITION YOU TO VACATE: The first north-south alley west of Laurel Street running South from Napier Street to the first intersecting east-west alley for a distance of 175.56 feet lying between Lot 10 of Willett's Sub of B.O.L. 89 and Lot 6 of Deardoffs ' Sub of B.O.L. 90 all being in the City of South Bend, St. Joseph County, Indiana. • NAME ADDRESS 0.28X-1013,V • • • PETITION TO VACATE The 1st North-South alley West of Laurel Street running South from Napier Street to the 1st intersecting East- West alley for a distance of 175.56 feet lying between Lot TO of Willett's Sub of B.O.L. 89 and Lot 6 of Deardoffs ' Sub of B.O.L. 90 all being in the City of South Bend, St. Joseph County, Indiana. `32 31 30 29+ Li t0 • 34 3 $ 1 III 11111111111111111 35 `r 111' "44. .. 4744' 196.8• JEFFERSON *SZ&' 63.7• .. •• •• .. 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ROGER 0 PARENT, Mayor ® F �, iixi Pr M � EACE '. 0 ®®�� - d j COUNTY-CITY BUILDING SOUTH BEND, INDIANA.46601 e x,,14 .1866"s BOARD OF PUBLIC WORKS 219/284-9412 John E. Leszczynski,President November 26 , 1985 Katherine G. Barnard 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 WEST OF LAUREL STREET RUNNING NORTH FROM WESTERN AVENUE TO NAPIER STREET 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. Carter Buchanan, 121 North Wellington Street, South Bend, Indiana to vacate the first north/south alley west of Laurel Street running North from Western Avenue to Napier Street, excepting the intersecting east/west fourteen foot (14 ' ) alley for a distance of 243 .56 feet more or less , all being on Willets Subdivision of B.O.L. 89 and Deardoffs Subdivision of B.O.L. 90 and lying between lots 1 and 10 and lots 6 and 15 respectively. For your information, a Public Hearing concerning this proposed vacation was held on November 26 , 1985 . As required by ordinance, owners whose property abut the proposed alley to be vacated were notified of the Board' s Public Hearing date. No one was present 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. The Area Plan Commission has advised the Board that it appears that Lots 1 and 10 of Willits Subdivision of B.O.L. 89 would reclaim ownership of the entirety of the alley. Documents support that Willits Subdivision was the subdivision which originally dedicated the entirety of the alley. Based on favorable comments received from the Engineering Department , Department of Redevelopment and Area Plan Commission, the Board of Public Works favorably recommends vacation of the above referred to alley subject to any and all utility easements . . Members of the Common Council November 26 , 1985 Page -2- If you have any further questions regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS % . , // Sandra M. Parmerlee, Clerk smp Enc.