HomeMy WebLinkAboutVacate - First North South Alley East of Eddy StORDINANCE No 1424 -85
Passed by the Common Council of the City of South Bend, Indiana
January 28,
(C-
85
19
City Clerk
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Ind'ana
January 29,
Approved and signed by
of Common Council
EW
City Clerk
IRENE K. GAMMON
1995
.D
ORDINANCE NO. 7 !q Q q -$'S
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY:
The first north -south alley east of Eddy Street
running north and then northeasterly from Corby
Street to a line which is parallel to and 16' west
of the east line of lot 7 in Bergan's Replat of
Lots Numbered Two (2), Three (3) and Four (4) of
M. E. Listenberger's First Addition to the City of
South Bend, for a distance of 140.4 feet more or
less.
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 north -south alley east of Eddy Street
running north and then northeasterly from Corby
Street to a line which is parallel to and 16' west
of the east line of lot 7 in Bergan's Replat of
Lots Numbered Two (2), Three (3) and Four (4) of
M. E. Listenberger's First Addition to the City of
South Bend, for a distance of 140.4 feet more or
less,
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,
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
beneficialy affected by such vacating:
Lot 1 in Listenberger's First Addition to the
City of South Bend.
SECTION IV. The purpose of the vacation of the real
property is to:
For use in conjunction with Lots 1, 6 and the remaining
portion of Lot 7 of Bergan's Replat of Lots Numbered 2, 3,
and 4 of M. E.Listenberger's First Addition to the City of
South Bend for the purpose of additional parking and
ultimate addition to the service station building located on
Lot 1 in Listenberger's First Addition to the City of South
Bend, commonly known as Dick's Standard Service Station.
SECTION V. Said vacation shall be subject to the conditions
set forth by the Board of Public Works at their meeting of
January 7, 1985, which included the dedication of additional
right -of -way for a new improved alley to be the east sixteen
(16) feet of Lot 7, with the cost of improving the new alley to
be incurred by Mr. and Mrs. Richard Kruk, and subject to any and
all utility easements. Said improvement of the new alley shall
be constructed in such a manner that there will be continuous
availability for alley purposes in the vacating of the present
alley and the dedication of the new alley.
SECTION VI. This ordinance shall be in full force and
effect from and after its passage by the Common Council and
approval by the Mayor.
Member of th ommon Council
4 "6
}
j�
E-�C4
CC
a
8504158
DEDICATION OF PUBLIC RIGHT -OF -WAY
I nirsfsr -1
Taxing Unit
oats .
3
Richard T. Kruk and Neoma F. Kruk, Husband and Wife, of
St. Joseph County, State of Indiana, being the owners of the
hereinafter described real estate within the City of South Bend,
Indiana, hereby grant, dedicate and convey to the City of South
Bend, in perpetuity,.for itself and the general public, for use
as a public right -of -way a parcel of land located in the City of
South Bend, and described as follows:
=r
i The East 16 feet of Lot 7, Bergan's Replat of
., cj c -)Lots Numbered 2, 3, and 4 of M. E. Listenberger's
C% "' First Addition to the City of South Bend, St. Joseph
L� :!!- r- County, Indiana.
N
H wIN WITNESS WHEREOF, the undersigned have set their
h ds an&'seals this day of
1985.
APPROVED
No KWOKS
STATE OF INDIANA
SS:
COUNTY OF ST. JOSEPH
chard
Neoma F. Kruk
Before me, the undersigned, a notary public in and for
said county and state, personally appeared Richard T. Kruk and
Neoma F. Kruk, Husband and Wife, and acknowledge the execution of
the foregoing instrument.
In witness whereof, I have hereunto subscribed my name
and affixed my official seal, this o day of
PETITION TO VACATE ALLEY
TO: The Common Council of
The City of South Bend, Indiana
Richard T. Kruk and Neoma F. Kruk, hereby request that the
City of South Bend vacate the following alley in the City of
South Bend:
"The first north -south alley east of Eddy Street
running north and then northeasterly from Corby
Street to a line which is parallel to and 16' west
of the east line of lot 7 in Bergan's Replat of
Lots Numbered Two (2), Three (3) and Four (4) of
M. E. Listenberger's First Addition to the City of
South Bend, for a distance of 140.4 feet more or
less."
In support of this Petition, Richard T. Kruk and Neoma F.
Kruk, show as follows:
1. They are the owners of Lot 1 in Listenberger's First
Addition to the City of South Bend and of Lots 1, 6 and 7 of
Bergan' s Replat of Lots Numbered 2, 3, and 4 of M. E.
Listenberger's First Addition to the City of South Bend.
2. The alley sought to be vacated lies immediately south of
Lots Numbered 1, 2 and 3 of Bergan's Replat of Lots Numbered 2,
3, and 4 of M. E. Listenberger's First Addition to the City of
South Bend; immediately north of Lots 6 and 7 in Bergan's Replat
of Lots Numbered 2, 3 and 4 of M. E. Listenberger's First
Addition to the City of South Bend; and west of Lot 1 in M. E.
Listenberger's First Addition to the City of South Bend. The
petitioners attach hereto a diagram showing the location of the
proposed alley vacation, such diagram being marked Exhibit "A ".
3. Richard T. Kruk and Neoma F. Kruk hereby agree that in
the event this petition for vacation is granted, they will
dedicate for a public right -of -way an alley covering the east 16'
of Lot 7, Bergan's Replat of Lots Numbered 2, 3 and 4 of M. E.
Listenberger's First Addition to the City of South Bend, and
attach a copy of the proposed dedication marked Exhibit "B ".
4. The petitioners attach hereto the consents of the owners
of Lots 2 and 3 of Bergan's Replat of Lots Numbered 2, 3 and 4 of
M. E. Listenberger's First Addition to the City of South Bend,
such properties being the only properties adversely affected by
this petition for the vacation of an alley.
5. The purpose of this Petition to Vacate Alley is for use
in conjunction with Lots 1, 6 and the remaining portion of Lot 7
of Bergan's Replat of Lots Numbered 2, 3, and 4 of M. E.
Listenberger's First Addition to the City of South Bend for the
purpose of additional parking and ultimate addition to the
service station building located on Lot 1 in Listenberger's First
Addition to the City of South Bend, commonly known as Dick's
Standard Service Station.
Petition to Vacate
The first north-south alley east of Eddy Street running north and north-
easterly from Corby Street to a line which line is parallel to and 16'
west of the east line of lot 7 in Bergan's re-plot, in the City of South
Bend for a distance of 140.4 feet more or less.
I I I
IT
260
2t., I
C�7
3
2
'_T 7
3! J
*44
ji
27 3 G
2 7 2
14
274
2 75
2 76
....... ......
2i7
T_
<
T 7�
4,3
XJ
x 4 9 'o ts" CD
OJ
:A 04
A
12 (.r I-ri 1�1 U1
2
0
-A
.4
, 17
Y
7
CD
F
4
DEDICATION OF PUBLIC RIGHT -OF -WAY
Richard T. Kruk and Neoma F. Kruk, Husband and Wife, of
St. Joseph County, State of Indiana, being the owners of the
hereinafter described real estate within the City of South Bend,
Indiana, hereby grant, dedicate and convey to the City of South
Bend, in perpetuity, for itself and the general public, for use
as a public right -of -way a parcel of land located in the City of
South Bend, and described as follows:
The East 16 feet of Lot 7, Bergan's Replat of
Lots Numbered 2, 3, and 4 of M. E. Listenberger's
First Addition to the City of South Bend, St. Joseph
County, Indiana.
IN WITNESS WHEREOF, the undersigned have set their
hands and seals this day of ,
1984.
Richard T. Kruk
Neoma F. Kruk
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a notary public in and for
said county and state, personally appeared Richard T. Kruk and
Neoma F. Kruk, Husband and Wife, and acknowledge the execution of
the foregoing instrument.
In witness whereof, I have hereunto subscribed my name
and affixed my official seal, this day of
RECEIVED
NOV 15 1984
BURKHART -5O. BEND
CONSENT TO GRANTING OF PETITION
The undersigned hereby consents to the granting of the
Petition to Vacate Alley executed by Richard T. Kruk and Neoma F.
Kruk on the 14(*, , day of October, 1984.
The undersigned are the owners of Lot 2 of Bergan's
Replat of Lots Numbered 2, 3 and 4 of M. E. Listenberger's First
Addition to the City of South Bend.
Dated this day of , 1984.
harles B. Burkhart
Elinor K. Burkhart
CONSENT TO GRANTING OF PETITION
The undersigned hereby consents to the granting of the
Petition to Vacate Alley executed by Richard T. Kruk and Neoma F.
Kruk on the _ day of October, 1984.
The undersigned are the owners of Lot 3 of Bergan's
Replat of Lots Numbered 2, 3 and 4 of M. E. Listenberger's First
Addition to the City of South Bend.
Dated this day of October, 1984.
James 0. Brown
Minerva Brown
RECE ED
NOV 15 1984
CONSENT TO GRANTING OF PETITION
The undersigned hereby consents to the granting of the
Petition to Vacate Alley executed by Richard T. Kruk and Neoma F.
Kruk on the day of October, 1984.
The undersigned are the owners of Lot 2 of Bergan's
Replat of Lots Numbered 2, 3 and 4 of M. E. Listenberger's First
Addition to the City of South Bend.
Dated this day of -," 1984.
'trharles B. Burkhart
Elinor K. Burkhart
ffnmmuttr
Ma toe Tanutwu Toumil of #lit (Itty of #grit# Brumb:
Your Committee of the Whole
to whom was referred
146 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST NORTH —SOUTH ALLEY EAST OF EDDY STREET RUNNING
NORTH AND THEN NORTHEASTERLY FROM CORBY STREET TO A
LINE WHICH IS PARALLEL TO AND 16' WEST OF THE EAST LINE
OF LOT 7 IN BERGAN'S REPLAT OF LOTS NUMBERED TWO (2),
THREE (3) AND FOUR (4) OF M. E. LISTENBERGER'S FIRST
ADDITION TO THE CITY OF SOUTH BEND, FOR A DISTANCE OF
140.4 FEET MORE OR LESS.
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 substitution of a new page 2.
Chairman
Joseph T. Serge
FREE PRESS PUBLISHING CO.