HomeMy WebLinkAboutVacate - First East West alley North of LWWORDINANCE No. 7471 -85
Passed by the Common Council of the City of South Bend, Indiana
June 10
19 85
Attest: %-��-City Clerk
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Indiana
June 11,
/�-A-"'
of Common Council
IRENE K. GAMMON
Approved and signed by me �-� ��N= 19 2
Clerk
ORDINANCE NO. -10-I t ` g J
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY
The first East -West alley North of Lincoln Way West running
North - Westerly from the East property line of the West 33
feet of Lot 25 projected Northerly to the West property line
of Lot 26 projected Northerly for a total distance of 99 feet
more or less, all being in Henrick & Grant Addition to the
Town, now 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 Lincoln Way West running
North- Westerly from the East property line of the West 33
feet of Lot 25 projected Northerly to the West property line
of Lot 26 projected Northerly for a total distance of 99 feet
more or less, all being in Henrick & Grant Addition to the
Town, now 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:
The granting of the petition will not be a detrimental
effect to any real estate or in any interest in the City of
South Bend or the public in general and that the granting of
the petition will benefit the surrounding real estate in
creating more offstreet parking which would alleviate
congestion in the area.
to maintain the property that is not giving any benefit to
the City of South Bend or the community as a whole.
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.
C -
Member of the C on Council
FILED IN CLERK'S OFFICE
MAY 2 21985
IRENE GAMMOV..1
CITY CLERK, SO. BEND, ,(`1
W READING
PUBLIC HEARING _T
2nd READING ("P - 10 -'9
NOT APPROVED
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE,,22694S d �5
I, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE:
The first East -West alley North of Lincoln Way West running
North - Westerly from the East property line of the West 33
feet of Lot 25 projected Northerly to the West property line
of Lot 26 projected Northerly for a total distance of 99 feet
more or less, all being in Henrick & Grant Addition to the
Town, now City of South Bend, St. Joseph County, Indiana.
onald E. Gordon
IRENE GAMMON
CITY CLERK
ROOM 455
COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
529 Lincoln Way West
South Bend, IN 46601
PETITION TO VACATE .
The first East -West alley North of Lincoln Way'West running North=
Westerly from the East property line of the West 33 feet of Lot 25
projected Northerly to the West property line of Lot.26 projected
Northerly for a total distance of 99 feet more or less, all being in
Henrick & Grant Addition to the Town, now City of South Bend,
St. Joseph County, Indiana.
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0010 toe Tomnton Tonnrd of tot Tull of fti# Srnh:
Your Committee of the Whole
to whom was referred
a T T T TT/1
52 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST EAST —WEST ALLEY NORTH OF LINCOLN WAY WEST RUNNING
NORTH — WESTERLY FROM THE EAST PROPERTY LINE OF THE WEST 33
FEET OF LOT 25 PROJECTED NORTHERLY TO THE WEST PROPERTY LINE
OF LOT 26 PROJECTED NORTHERLY FOR A TOTAL DISTANCE OF 99
FEET MORE OR LESS, ALL BEING IN HENRICK AND GRANT ADDITION
TO THE TOWN, NOW 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
FREE PRESS PUBLISHING CO.
Chairman
BOARD OF PUBLIC WORKS
John E. Leszczynski, President
Katherine G. Barnard
Michael L. Vance
CITY of SOUTH BEND
ROGER O PARENT, Mayor
COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601
Members of the Common
Council Chambers
County -City Building,
South Bend, Indiana
June 10, 1985
Council
4th Floor
46601
RE: ALLEY VACATION - THE FIRST EAST -WEST ALLEY NORTH OF
LINCOLN WAY WEST
Dear Members of the Council:
219/284 -9412
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. Ronald
Gordon to vacate the first East -West alley North of Lincoln
Way West running North - Westerly from the East property line
of the West 33 feet of Lot 25 projected Northerly to the
West property line of Lot 26 projected Northerly for a total
distance of 99 feet more or less, all being in Henrick & Grant
Addition to the Town, now 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
June 3, 1985 and continued on June 10, 1985. As required by
ordinance, owners whose property abut the proposed alley to
be vacated were notified of the Board's Public Hearing date.
Ronald Gordon, Petitioner, was present on June 10 and spoke
in favor of the vacation. No written objections were filed
with the Board. Copies of the excerpts of the minutes of
the Public Hearing is attached for your information.
The Board of Public Works favorably recommends vacation
of the above referred to alley subject to any and all
utility easements.
Page Two
Common Council
June 10, 1985
If you have any further questions regarding this
matter, please do not hesitate to contact this office.
Sincerely,
BOARD OF PUBLIC WORKS
PZaryros utz, Acting erk
MP /jw
Attachment