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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. 33 z o Ic 1; ..- , .11 - 1603 t, r60J /bO.S '.l x Z° i5 a .7c !� 14 ¢ �� i 27 ` 2 1 b Q 1,5 14 13 27 1 1 G i3 A Z 4 Z6 1 g c 1 iZ 16 �� 1 10 ° Q' 26 17 12, 3 1 25 S o ;� a o /3' c3 4 c y 24 0 �L ° ' 4 _ 666 s 1 .+97 '\ i NAVA R F. �1F c I 7 r•, Z; i rJ�, 5 1 1 EF' I i E__J � 50 to � .,A /Rf F&I 1 NI NAVA , 0 I {- - -- 1 o F 1 2, 4 \° R R E �y ST — � 5 � 4 fI ' �0 fn o' ' F 14 �C{. / .57J Sl4 66 S 6a.5 G5.5 4ys 49�, ay { 24 '1 i 1 1 P-'S4 _t 1 ! pl tl T i �, I 6 `, OF Obi LQ t J �54 o° 63 ( �Z � AT d 'i Q�1 o� P b� 4 ti N L L r, n. TommtUrr Itzpnxt 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