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Home My WebLink AboutVacate - East West South of South Bend Ave running Northeastyerly ORDINANCE No. 7532-85 Passed by the Common Council of the City of South Bend, Indiana October 28,19 85 Attest: ` City Clerk IRENE K. GAMMON Attes . • '" 1F' �� `- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 29, Ig 85 City Clerk IRENE K. GAMMON Approved and signed by me 5 Ig(3— /...2f, f7(1/' Mayor ORDINANCE NUMBER 7S-3246-- AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The first 14 foot East West Alley, South of South Bend Avenue, running Northeasterly from the East right-of-way of Jacob Street, for a distance of 167 .5 feet more or less to a dead-end, abutting lots 1, 2 , and 3 of Parker and Allens Addition and Lot S of Parker and Aliens Replat, City of South Bend, St. Joseph County, Indiana. (See attached "Exhibit A") 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 14 foot East West Alley, South of South Bend Avenue, running Northeasterly from the East right-of-way of Jacob Street, for a distance of 167 .5 feet more or less to a dead-end, abutting lots 1, 2 , and 3 of Parker and Aliens Addition and Lot S of Parker and Allens Replat, City of South Bend, St. Joseph County, Indiana. hereby determines that it is desireable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilites 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: The alley is vacant and has never been improved; it is surrounded by Lots 1, 2, and 3 of Parker and Aliens Addition and Lot S of Parker and Aliens Replat, so that the vacation of said alley will allow an integrated use or said aforementioned lots and will not injuriously affect any property. SECTION IV. The purpose of the vacation of the real property is to: Consolidate Lots 1, 2 , and 3 of Parker and Aliens Addition and Lot S or Parker and Aliens Replat, thereby permitting the use or said aforementioned Lots for the construction of an office building and garage thereon. 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. A - �.� DATE Sep.tembe r2 , 19.85 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: _ _ - - - - � The first 14 foot East West Alley, South of South Bend Avenue, running o easter1Yfm a.e .s. rig" ft. ..o-=- - e- , e 0 . . --_ more or less to a dead-end, abutting lots 1, 2, and 3 of Parker and Aliens Addition and - • '-1 - -i • _' - - = -, c .'outh. Bend, St, Joceph ounty, Indiana_ in Addition. NAME ADDRESS 4'� _. 1713 South Bend Avenue Jack •owell South Bend, Indiana, 46637 "E.E..;;7 Lois '., 1 1713 South Bend Avenue - South Bend. Indiana 46637 • • • TRPi3F nAMM(ni I I .< 1 i 4 l \ \ i 4 I -6 \ ,`,,\ 1s / 1' M �7, ;-' \/ •r 1 cj l't NZ a z \^ \ cc / !o qL - c s a ' I ;ZZy 'y_ t . 1 t • E / c fi sit �a,g • • 041' 614 f iJ _ v`' 9 Ca o a l �; uM1�� cea ` I �' i� � (031St/ d tON .�ibr,.:✓•�r;.I lb-- 40 „r: IN 5 � • °` t °' �. d G ud s a " I w c N p. ,..< \'‘al 4 a ` / }D� ►`/'' tt .g.0 e r{ � / I N �+y 6 / / 0' r r 0 �i _ /" i i c\ .°5 /` 7 CO 4)'s' , ' ./.. ier..\CSi .". f 7 _gI!/ l._l-i_ _v. .A t.t,-_^ \\ • Otwnmt##rr Krpnrt can flit Tlomnwn Qlounrtt of tip (Mg of'outli Your Committee of the Whole to whom was referred BILL NO. 117-85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY; THE FIRST 14 FOOT EAST—WEST ALLEY, SOUTH OF SOUTH BEND AVENUE, RUNNING NORTHEASTERLY FROM THE EAST RIGHT—OF—WAY OF JACOB STREET, FOR A DISTANCE OF 167. 5 FEET MORE OR LESS TO A DEAD—END, ABUTTING LOTS 1, 2, AND 3 OF PARKER AND ALLENS ADDITION AND LOT S OF PARKER AND ALLENS REPLAT, 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 Joseph T. Serge Chairman FREE PRESS PUBLISHING Co. 7.,..„-- �®®®® CITY of SOUT ,ENr � �,il�d, , '4° �e ROGER O. PARENT Mayor q '\\µ i. 7a'% COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 0 L7 \PEnCE� d `� � October 24, 1985 ®®moo®mss®® BOARD OF PUBLIC WORKS 219/284-9412 John E.Leszczynski,President 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 E/W ALLEY SOUTH OF SOUTH BEND AVENUE RUNNING NORTHEASTERLY FROM THE EAST RIGHT-OF-WAY OF JACOB 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. John Firth, Attorney at Law, on behalf of his clients Jack and Lois Powell, 1713 South Bend Avenue, South Bend, Indiana, to vacate the first fourteen (14) foot east/west alley, south of South Bend Avenue, running northeasterly from the west right-of-way of Jacob Street for a distance of 167 . 5 feet more or less to a dead-end, abutting lots 1, 2 and 3 of Parker and Allens Addition and Lot S of Parker and Allens Replat, City of South Bend, St. Joseph County, Indiana. For your information, a Public Hearing concerning this proposed vacation was held on October 21, 1985 . As required by ordinance, owners whose property abut the proposed alley to be vacated were notified of the Board' s Public Hearing date. Mr . John Firth was present on behalf of his clients , the Powell ' s , and spoke in favor of the vacation. No one was present to speak 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. Based on favorable comments received from the Engineering Department 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 . Page Two Members of the Common Council October 24, 1985 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/mp Attachment