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Home My WebLink AboutVacate - East West public alley located between lots 132-137 and portion North South Public alley • ORDINANCE No. 7613-86 Passed by the Common Council of the City of South Bend, Indiana March 10, rq 86 Attest: c �'_` `_`�'-°-� City Clerk IRENE K. GAMMON Attest: Ali �_ _ / �`_ �2� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 11, i9 86 0 _ 1 City Clerk IRENE K. GAMMON i; ? Approved and signed by me / ( j C{/`r/'_ 7� I 9 �? 1 Mayor • ORDINANCE NO. 7(4,i3-vC, AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY Public Alley The east-west public alley located between Lots 132, 133, 134, 135, 136 and 137, Wenger and Kreighbaum's Second Addition to the City of South Bend, Indiana. Public Alley A portion of the north-south public alley located immediately west of Miami Street a distance of 90 feet to south line of Lot 36. 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: Public Alley The east-west public alley located between Lots 132, 133 , 134 , 135, 136 and 137, Wenger and Kreighbaum' s Second Addition to the City of South Bend, Indiana. Public Alley A portion of the North-south public alley located immediately west of Miami Street in the City of South Bend, Indiana, described as follows: All that portion of said alley beginning on the south line of Pennsylvania Avenue and extending south a distance of ninety (90 ) feet to the south line (extended) of Lot 36, Wenger and Kreighbaum's Second Addition to the City of South Bend, Indiana hereby determined 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-or-way, unless such rights are released by the individual utilities. SECTION III . The following property may be injuriously or beneficially affected by such vacating: There will be no injurious affect, but the property proposed to be vacated will be on the tax rolls. SECTION IV. The purpose of the vacation of the real property is for expansion of the physical facilities. 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, and subject to the conditions set forth by the Board of Works at their meeting of March 4, 1986. Member of the /mon Council E:iFO IN CLERK'S OFFICE 1st READING - A V-8'6 FEB 1 91986 AI inn.n ..r.n...n 1 _ 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 alley and the north/south alley, bounded by Lots 132 to 144 inclusive, Lot Lettered "A", and Lots 35 and 36, and 5 acres in East part of Northeast Quarter of Section 13 , Township 37 North, Range 2 East, in Wenger and Krieghbaum's Second Addition to the City of South Bend, Indiana. NAME ADDRESS Northern Indiana Public Service Company 5265 Hohman Avenue Hammond, Indiana IRENE GAMMON CONTACT PERSON: CITY CLERK Robert D. Lee ROOM 455 Attorney for Petitioner COUNTY-CITY BUILDING 502 First Bank Building SOUTH BEND, IN 46601 South Bend, Indiana 46601 (219 ) 232-5923 1::0 AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 February 28, 1986 The Board of Public Works 13th Floor, County-City Building South Bend, Indiana 46601 RE: Alley Vacations - A. A portion of an east-west alley located between Lots 132, through 137 in Wenger and Kreighbaum's Second Addition. B. A portion of the 1st north-south alley west of Miami Street, running sough from Pennsylvania Avenue approximately 90 feet. Gentlemen: The Staff of the Area Plan Commission has reviewed this petition and would recommend that both alleys be vacated subject to any utility easements that may be required. We would further recommend that since the entire length of the north-south alley is not being petitioned to be vacated, that the petitioners make provisions for the proper termination of a dead end right-of-way. Sincerely, � ! ; �-, , - Larry`Mag-Tiozzi Planner LM:sr Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN PETITION TO VACATE - EXHIBIT "A" i • ,% The east-west public alley located between Lots 132 , 133, 134, 135, 136 and 137, Wenger and Kreighbaum's Second Addition to the City of South Bend , Indiana . A portion of the North-south public alley located immediately west of Miami Street in the City of South Bend, Indiana, described as follows : All that portion of said alley beginning on the south line of Pennsylvania Avenue and extending south a distance of ninety (90) feet to the south line (extended) of Lot 36, Wenger and Kreigbaum's Second Addition to the City of South Bend, Indiana . i, \ ,,-, o, - \ I \ I 6 0 Q b •\ R ..... Mill .1 .....„..„....., ...,....;„...:„.:71 . 139, (.7-0y I 4)X1 0 4 S rt1)7 4 PP IL - PENNS-••I vANIA •-'_• €Dt Ck r h , a.' qo •• - ,o Pi o I,o 3 co 1 5 ; / f T) CO � , 1 1 ,/ V N N — O i,Cr) 3: Q I N- cWrtr,J 4 I d NI 1 — �} 2` I� -- -- ,<. w, to ,�— .0,-•• , -—3.o -- -'I r � -, 38 h a "' f l 6 a „ a *+1� m _ _ h .I .. iiir 3 9 I 115 0,7 , . - 1 Irr h ��— - N M i Q IA tD f` m_ I • ,- � \ k�— _ 2rN N NiflN N N_ N CO ryN N I1 46 1 N cu . 114 1�- I I }p 137 4o f�'7 H ..t ' ' . t 131ae it -�/ . , .. .. ,.�, .� 50. _ ° ,zoo BROADWAY 81 �� s; 141 v F 101 100 a_ I� cD O ,� cv = 80 63 60 42 N a = 102 99 a� Ia 64 in 5� W , 79 • 103 98 = r > j 58 43 'S` 97 4 ' 78 65 • 1 iO4' o i til 770 66 5/ 44��44 .ti .rn :05' II 95/2 41 o EIN NM'o _! �� AR �: 55 46 Qi a Litt to Erpnrt Zit the annum' (aounra of thr CV of'nntl1 Etna: Your Committee of the Whole to whom was referred BILL NO. 19-86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST-WEST PUBLIC ALLEY LOCATED BETWEEN LOTS 132 , 133 , 134, 135 , 136 AND 137 , WENGER AND KREIGHBAUM'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA AND A PORTION OF THE NORTH-SOUTH PUBLIC ALLEY LOCATED IMMEDIATELY WEST OF MIAMI STREET A DISTANCE OF 90 FEET TO SOUTH LINE OF LOT 36. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended. in Section 5 add "and subject to the conditions set forth by the •Board of Public Works at their meeting of March 4, 1986. " Chairman Ann B. Puzzello FREE PRESS oPeaki0 PUBLISHING CO.