The URL can be used to link to this page

Home My WebLink AboutVacate - Second East-West alley North of Washington St running West from Studebaker St ORDINANCE No. 7533-85 Passed by the Common Council of the City of South Bend, Indiana October 28,x9 85 Attest: ````` ��—�-� _ � City Clerk IRENE K. GAMMON Attest: .� � yt`/ _•, � hff ' 'resident of Common Council 110 Presented by me to the Mayor of the City of South Bend, Indiana October 29, i9 85 City Clerk IRENE K. GAMMON A p p r o v e d and signed by me V 2 5 1 c 9 Mayor ORDINANCE NO. 7533-85 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The second east-west alley North of Washington Street running west from Studebaker Street to the first north/south alley west of Studebaker Street, lying between Lots 11 and 14 of Sarah Stoner ' s Subdivision of B.O.L. 81 in the City of South Bend, 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 second east-west alley North of Washington Street running west from Studebaker Street to the first north/south alley west of Studebaker Street, lying between Lots 11 and 14 of Sarah Stoner ' s Subdivision of B.O.L. 81 in the City of South Bend, 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 11 and 14 of Stovers Subdivision of Lot 81 SECTION IV. The purpose of the vacation of the real property is to: Enhance the beauty of the church property, stop any flow of traffic and the fear of the children getting hurt by traffic. 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. 1-� Arm_•~ ILi. : ..0 .A- Member of the 404 -ouncil VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE The first east-west alley south of Colfax running west from Studebaker, a distance of 115.5 feet to the intersecting north-south alley, all being in Stovers Subdivision of Lot 81 in the City of South Bend, Indiana. ADDRE® 4/r / / IRENE GAMMON CITY CLERK ROOM 455 . EX. II A* r r PETITION TO VACATE The 1st East-West Alley South of Colfax running West from Studebaker a distance of 115 . 5 feet to the intersecting North-South Alley all being in Stovers sub of Lot 81 in the City of South Bend, Indiana. w„ I kLJI I I--- 21 17 18 COLFAX AVE. 24 13 14 Eel fici a i Ii N i nomme � '4 9 10 —. .. ... INEEIN 8 7 w e Are i AREA TO BE 28 .., 5 6 VACATED �, co 29 t(g m co 30 ►_- ao cn . WASHINGTON ST. [-----11 I I I I . 1 I- 1.-: J I 1 17 18 � �_ COLFAX AVE. 115.5' 14' 115.5' ...1`04 CD N CD te in 6 i ri 13 1 4 in 7 !a' LJ N 0 `° 12 11 M U iin i - LIST ,, A" J \ (I 9 10 _ r \ I 4corrii4 'N, °�.iltll�r, �1•.®i ROGER O. PARENT, Mayor ts I LT \\pEACE- % d COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 Q IA":.,-- - - ,1'.a o ®®® ►� " r,�} October 24, 1985 4e, * .1866 4`o®A. 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 COLFAX AVENUE RUNNING WEST FROM STUDEBAKER 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 . Milton Butts , Chairman of the Trustees Board, Pilgrim Baptist Church, 116 North Birdsell Street, South Bend, Indiana, to vacate the first east/west alley south of Colfax running west from Studebaker, a distance of 115 . 5 feet to the intersecting north/south alley, all being in Stovers Subdivision of Lot 81 in the City of South Bend. For your information, a Public Hearing concerning this proposed vacation was held by the Board of Public Works 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 . Hollis Lowery, representing the Pilgrim Baptist Church, was present and advised that the Church anticipates using the property acquired through the alley vacation to expand church parking. 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. The Board received favorable comments regarding this proposed alley vacation from the Engineering Department, Department of Economic Development and the Area Plan Commission. The Area Plan Commission suggested that the Vacation Ordinance be amended to reflect a more accurate and clearer legal des- cription of the alley to be vacated as follows : Page Two Members of the Common Council October 24, 1985 The second east/west alley north of Washington Street running west from Studebaker Street to the first north/south alley west of Studebaker Street, lying between Lots 11 and 14 of Sarah Stoner ' s Subdivision of B.O.L. 81 in the City of South Bend, Indiana. Therefore, based on the favorable comments received, the Board of Public Works favorably recommends vacation of the above referred to alley subject to any and all utility easements. If you have any further questions regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS / //a/i/4,442._;17\.). 190 /Sandra M. Parmerlee, Clerk SMP/mp Attachment Qtnmmt##n K purt Uhl il1e Comm Mount-it of tip Tiig of twill Bend: Your Committee of the Whole to whom was referred BILL NO. 118-85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF COLFAX RUNNING WEST FROM STUDEBAKER, A DISTANCE OF 115.5 FEET TO THE INTERSECTING NORTH-SOUTH ALLEY, ALL BEING IN STOVERS SUBDIVISION OF LOT 81 IN THE CITY OF SOUTH BEND, 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 changing the legal description of the alley. Joseph T. Serge Chairman FREE PRESS 44Ealu PUBLISHING CO.