HomeMy WebLinkAboutVacate - First East West Alley North of Edison Rd ORDINANCE No. 7595-86
Passed by the Common Council of the City of South Bend, Indiana
January 27, x986
Attest: 11- .-e- hr,-.-2,-,_...---,....) City Clerk
IRENE K. GAMMON
Attest: 1�'_ «� a_
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 28, i9 86
511-4.--.-...---0-..,./ City Clerk
IRENE K. GAMMON
Approved and signed by me (QfILLLUJLL/
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ORDINANCE NO. 2S 9 - g(,
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY:
The first East-West Alley North of Edison
Road running West from the first North-
South Alley West of Hickory for a dis-
tance of 420 feet lying between Lots 1
through 10 and 17 through 26 of Edison
Road Addition 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 first East-West Alley North of Edison Road running
West from the first North-South Alley West of Hickory
for a distance of 420 feet lying between Lots 1 through
10 and 17 through 26 of Edison Road Addition to 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:
Lots 1 through 10 and 17 through 26 in Edison Road
Addition to the City of South Bend, Indiana.
SECTION IV. The purpose of the vacation of the real
property is to: eliminate the right-of-way for the alley which
has never been improved and is not necessary for the access or
safety of any of the 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.
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VACATION PETITION
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DATE December 30 , 1985
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY. OWNERS, PETITION YOU TO VACATE:
The (east-west/nQAthx2ma ) (alley/ neeb) in the' block
The first East-West Alley North of Edison Road running West from the
bounded by first North-South. Alley West of Hickory for a distance of 420 feet
lying between Lots 1 through 10 and 17 through 26 of Edison Road Addition to
the City of South Bend, St. Joseph County, Indiana.
in Edison Road Addition.. to the City of
South Mena, in St. Joseph County, Indiana.
NAME ADDRESS
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EXHIBIT A
PETITION TO VACATE
The 1st East-West Alley North of Edison Rd.
running West from the 1st North-South Alley
West of Hickory for a distance of 420 feet
lying between Lots 1 thru 10 and 17 thru 26
of Edison Rd Add to the City of South Bend, St. Joseph
County,* Ind.
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219/232/5845
ESCROW DEPARTMENT
L 219/232-8114
JIM D.WAGONER,PRESIDENT
MFRANK A.ANTONOVITZ,COUNSEL
KAREN CLIFFORD,TREASURER
MARGARET STUCKY,PRODUCTION MGR.
NANCY BOYER,SECRETARY
210/220 J.M.S. BUILDING SOUTH BEND. INDIANA 46601
November 8, 1985
Order No. L-8689
Mr. Kevin Butler
Attorney at Law
405 W. Wayne
South Bend, IN 46601
Dear Mr. Butler:
Pursuant to your request, we have made a search of the records of St.
Joseph County, Indiana, to determine the ownership of the lots adjacent to
the first East-West alley North of Edison Road in Edison Road Addition,
said alley running between Lots 1 through 10 and Lots 17 through 26, in
said Edison Road Addition, and find the present owners to be:
KEY NUMBER NAME AND ADDRESS
24-1001-0465 James E. Sharpe
3605 E. Edison Road
24-1001-0466 James E. Sharpe
3605 E. Edison Road
24-1001-0467 James E. Sharpe
3605 E. Edison Road
24-1001-0468 James E. Sharpe
3605 E. Edison Road
24-1001-0475 James E. Sharpe
3605 E. Edison Road
24-1001-0476 James E. Sharpe
3605 E. Edison Road
24-1001-0477 James E. Sharpe
3605 E. Edison Road
24-1001-0478 James E. Sharpe
3605 E. Edison Road
24-1001-0479 James E. Sharpe
3605 E. Edison Road
-Continued-
Page Two
24-1001-0480 James E. Sharpe
3605 E. Edison Road
24-1001-0464 Orven C. Bare and Dorothy A.
3517 Edison Road
24-1001-0463 Orven C. Bare and Dorothy A.
3517 Edison Road
24-1001-0460 Kenneth E. Perrin and Mary A.
3501 E. Edison Road
24-1001-0461 Henry E. Buiger, Sr. and Janet S.
3515 Edison Road
24-1001-0462 Henry E. Buiger, Sr. and Janet S .
3515 Edison Road
24-1001-0481 Henry E. Buiger, Sr. and Janet S.
3515 Edison Road
24-1001-0482 Henry E. Buiger, Sr. and Janet S.
3515 Edison Road
Respec /y,
Ma k T. Myers
Exec. Vice Pre-0.ent
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Wu tilt Tatman (Ionaril of tip Qtitg of*until Brad
Your Committee of the Whole
to whom was referred
BILL NO.
1-86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST EAST-WEST ALLEY NORTH OF EDISON ROAD RUNNING WEST FROM
THE FIRST NORTH-SOUTH ALLEY WEST OF HICKORY FOR A DISTANCE
OF 420 FEET LYING BETWEEN LOTS 1 THROUGH 10 AND 17 THROUGH
26 OF EDISON ROAD ADDITION 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
Ann B. Puzzello
Chairman
FREE PRESS PUBLISHING CO.
.4,... _\R,, CITY ®f SOU` 'I 1 ZEN•
s 0� '"''�'''�'��;jd°�s ROGER O. PARENT, Mayor
0 �+.\\�PENCE� %:d COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601
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BOARD OF PUBLIC WORKS 219/284-9412
John E. Leszczynski,President
Katherine G. Barnard January 21 , 1986
Michael L. Vance
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: ALLEY VACATION - 1ST E/W ALLEY NO. OF EDISON ROAD RUNNING
WEST FROM THE 1ST N/S ALLEY WEST OF HICKORY
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. Jim Sharpe, 3605 East Edison Road,
South Bend, Indiana, to vacate the first east/west alley north of
Edison Road running West from the first north/south alley West of
Hickory for a distance of 420 feet lying between Lots 1 through 10
and 17 through 26 of Edison Road Addition 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 21, 1986 .
Mr. Kevin Butler, Attorney at Law, representing Mr. Sharpe, as well
as Mr. Sharpe, 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.
The Board additionally received favorable comments concerning this
proposed alley vacation from the Engineering Department , Area Plan
Commission and the Department of Economic Development . Based on all
the comments received, 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
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.7- andra M. Parmerlee , Clerk
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