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Home My WebLink AboutVacate- 1st East West Alley South of Delaware St ORDINANCE No. 7593-86 Passed by the Common Council of the City of South Bend, Indiana January 27, x986 Attest: 4-e-,e_ City Clerk IRENE K. GAMMON Attest: '.. Al < _ ! 41, President of Common Council / Presented by me to the Mayor of the City of South Bend, Indiana January 28, ig 86 AT City Clerk IRENE K. GAMMON Approved and signed by me 7( B O a 9r ig C / ayor ORDINANCE NO-. 7593786 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY THE 1ST EAST-WEST ALLEY SOUTH OF DELAWARE STREET RUNNING EAST FROM OLIVE STREET TO PHILLIPA STREET LYING BETWEEN LOTS 259 THRU 264 AND LOTS 277 THRU 282 ALL BEING IN "HIGHLAND PARK 2ND ADD" AND"HIGHLAND PARK 2ND ADD" (UNRECORDED) 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 1ST EAST-WEST ALLEY SOUTH OF DELAWARE STREET RUNNING EAST FROM OLIVE STREET TO PHILLIPA STREET LYING BETWEEN LOTS 259 THRU 264 AND LOTS 277 THRU 282 ALL BEING IN "HIGHLAND PARK 2ND ADD" AND "HIGHLAND PARK 2ND ADD" (UNRECORDED) TO THE CITY OF SOUTH BEND, ST. JOSPEH 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 facilites, 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 individual utilities. SECTION III. The property is not injurious and will benefit the adjoining properties that are involved in the vacation. Lots 259 thru 264 and Lots 277 thru 282 of Highland Park 2nd Add and Highland Park 2nd Add (unrecorded) . SECTION IV. The purpose of this vacation of real property is because the land is not used and the two property owners adjoining this property have been and are currently mainting this 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. 4I Member of the" on Council U .:".....": 1. . :-.":..; 1: p ,`J Ctiriai-r i,R " The 1st East/West alley South of Delaware Street running East from Olive Street to Phillipa Street lying between Lots 259 thru 264 and Lots 277 thru 282 all being in "Highland Park 2nd Add" and "Highland Park 2nd Add" (unrecorded) to the City of South Bend, St. Joseph County Indiana 29 2 1 ill 108 • 65 62 = 182 135 T8 t 9 1 • , 63 $ 136 • TT IL G/f•GY EA-T 44' 44 so.i, ••� I:. •to hl 0 7137 • 3 'Y6 + 235 234 211 — �ti, m 0 rt M .._ 236 233 212 • 179 $39 75 �' 237 ' • 232 213 • • 178 139 , 74 �• IzT2 • •465 4 238 ' 231 214 • • 177 140 • • 73 ▪ 173 164 t 239 4 230 215 3 176 141 4 72 • 174 163 • „240; ., 22,�. 216 A it 175 142 A 71 • 175 162 • ' 41 A 228 217 W . 174 143 T * 70 '' 176 161 242 = 4 227 218 F 3 173 144 4. W I 69 • 177 160 • 243 • ` 226 219 • 71 , 172 145 • CC ' 68 _ • 178 159 - 244 : • 225 220 • Q • 171 146 : Q • 67 • 179 158 i EMI • 224 221 • V • 170 147 • • 66 { 180 157 g NM grall 3 223 222 7 = 69 .1 48 4 4 •16 S • tz,' un=' 1,7 • ,PEL'4 Lsif}Re" 81 t* o A ‘s` �i �i �i �+ R 182 155 nl h ^c Limey N N 167 150 • 63 • 183 ' 154 • :+I�iii::'.�.....••. 166 '51 62 • • 184 I 153' • ; S i• F I arms E 152 = 61 152 • I ri �`l N �u rev N 153 ' • 60 • 185 .. . 59 • 188 ' 151 . I HI SIDE AVE_ 15a = t 58 • 187 . A 150 • ••s• �"4��' _ X294 ' ST • ' 188 1 ::: O. "�+ IV' ' 295 56 i uc • 189 1 • .i J " , 'Z VI ; a 190 147 ' } °� _ i 2 E � 29s m i 191 ., 148 a n- ' N.�'LS7 ism . 'd 192 145 & J HIGHLAND AVE.50' 1 4 Ism ; 144 k ti t '� �Q, p : 194 ; 143 ; J 2 looluara poN Q I- i .40, 142 • 4i Q Q�� Q!• 141 y�,1 a gw IR (y 11111010— • ief - • VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The (east-west/-N.c -h ) (alley/ Frt-r-eet ) in the block bounded by — Hillside and Delaware Streets - Alley runs from Olive to Phillipa Sts. in Highland Park 2nd addition Addition. NAME ADDRESS E 14410.7,-, /J °z y a-to 13 7 26/6_ So . 22L/ 1414/zt.77Z 1Q11 il/Lo 1_�� 0114 ■CO Cell• e S' • • ltnmmjttrrrpnrt coo t1e atommon (found' of Or Qtity of*until ilrnh: of the Whole Your Committee to whom was referred BILL NO. 170-85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1ST EAST-WEST ALLEY SOUTH OF DELAWARE STREET RUNNING EAST FROM OLIVE STREET TO PHILLIPA LYING BETWEEN LOTS 259 THRU 264 AND LOTS 277 THRU 282 ALL BEING IN "HIGHLAND PARK 2ND ADD" AND "HIGHLAND PARK 2ND ADD" (UNRECORDED) TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, by substitution of a new bill. Ann B. Puzzello Chairman FREE PRESS PUBLISHING Co. 1.17 1 �' <<a�l►,,8 CITY of SOUTH BEN" a/ ; ! .°' ROGER O. PARENT, Mayor • M \ N / 1I a COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 o ' 866 mss° BOARD OF PUBLIC SAFETY 219/284.9412 Elmer L. Carr, President January 16 , 1986 Jack R. Bland Stanley M. Przybylinski Members of the Common Council Council Chambers County-City Building South Bend, Indiana RE: ALLEY VACATION - 1ST E/W ALLEY SOUTH OF DELAWARE STREET BETWEEN OLIVE STREET AND PHILLIPA 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. Matthew E. Horvath, 2016 South Olive Street and Mr. John C . Molenda, 2014 South Olive Street, South Bend, Indiana, to vacate the 1st east/west alley south of Delaware Street running East from Olive Street to Phillipa Street lying between Lots 259 thru 264 and Lots 277 thru 282 all being in "Highland Park 2nd Add" and "Highland Park 2nd Add" (unrecorded) to the City of South Bend, St . Joseph County Indiana. For your information, a Public Hearing concerning this proposed vacation was held by the Board of Public Works on January 14 , 1986 . 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. Therefore , based on favorable comments received from the Engineering Department , Department of Economic Development and the Area Plan Commission, the Board of Public Works favorably recommends vacation of the above referred to alley subject to any and all utility easements . Sincerely, BOARD OF PUBLIC WORKS . I 4)/)/hc& andra M. Parmerlee , Clerk smp Enc . i