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HomeMy WebLinkAboutVacate - 2nd North South alley East of Sherman AveORDINANCE No. 7371 -84 Passed by the Common Council of the City of South Bend, Indiana. Attest: r. ust 27 ?9 84 IRENE K. GAMMON City Clerk Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by August 28, rg 84 ,D_ a l of Common Council IRENE K. GAMMON ig Clerk ORDINANCE NO. 737/ -f'/ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY PETITION TO VACATE The 2nd North -South alley East of Sherman Avenue running South from Roosevelt Street a distance of 128 feet to the intersecting East -West alley; abuting lots 233 and 234 of the Northwest 3rd Plat to the City of South Bend. STATEMENT OF PURPOSE AND INTENT To close off and park there to maintain and keep clean. 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 2nd North -South alley East of Sherman Avenue running South from Roosevelt Street a distance of 128 feet to the intersecting East -West alley; abuting lots 233 and 234 of the Northwest 3rd Plat to the City of South Bend 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 233 and 234 SECTION IV, The purpose of the vacation of the real property is to: This is not used as an alley, and the City does not maintain it. 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. VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The (A t /north- south)y(alley /s*moatJ in the block bounded by in .,xat" 11 1��� ` 0 Addition. ADDRESS \ l 3 77, Copyright 1974 TIIE SIDWELL COMPANY 1 SOUTH BEND & EN S. E. IASEC.35 PORT— SCALE 200 FT- TO I INCH T 38N. R,' IV o BkYAN r4e BEALE F-7 O� 243 C-1 . ROOSEVELT ST +° i r ii � JJJ / �4 i —41 'Z7 /dam' r, ; R05E 74� C'o'o TommMer Report coo toe fgomtmom Toumril of Or a4til of Oout411rmd: Your Committee OF THE WHOLE to whom was referred 85 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 2ND NORTH /SOUTH ALLEY EAST OF SHERMAN AVENUE RUNNING SOUTH FROM ROOSEVELT STREET A DISTANCE OF 128 FEET TO THE INTERSECTING EAST/WEST ALLEY; ABUTING LOTS 233 AND 234 OF THE NORTHWEST 3RD PLAT TO THE CITY OF SOUTH BEND. 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. BOARD OF PUBLIC WORKS John E. Leszczynski. President Richard L. Hill Michael L. Vance CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Members of the Common Council Council Chambers County -City Building, 4th Floor South Bend, Indiana 46601 August 8, 1984 1311 219/284.9412 RE: Alley vacation - The 2nd N/S Alley E. of Sherman Avenue running South from Roosevelt Street a distance of 128 feet to the intersecting E/W Alley Dear Members of the Council: In accordance with Municipal Code Section 18.53.8, the Board of Public Works is submitting a favorable recommendation to the Common Council concerning the Vacation Petition filed by Mr. Prentise Bonds, 902 Roosevelt Street, South Bend, Indiana, to vacate the 2nd north /south alley east of Sherman Avenue running South from Roosevelt Street a distance of 128 feet to the intersecting east /west alley, abutting lots 233 and 234 of the Northwest 3rd Plat to the City of South Bend. For your information, a public hearing concerning this proposed vacation was held by the Board of Public Works on August 6, 1984. As required, owners whose property abut the proposed alley to be vacated were notified of the Board's public hearing date. No one was present to speak either for or against the Vacation 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 Depart- ment, Area Plan Commission and Community Development Department, the Board of Public Works 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 Sandra M. Parmerlee, Clerk SMP /dad Enc. EXCERPTS OF MINUTES OF BOARD OF PUBLIC WORKS MEETING - AUGUST 6, 1984 PUBLIC HEARING AND RECOMMENDATION - ALLEY VACATION - 2ND N/S ALLEY EAST OF SHERMAN AVENUE RUNNING SOUTH FROM ROOSEVELT STREET TO THE INTERSECTING E/W ALLEY Mr. Leszczynski advised that this was the date set for the Board's public hearing on a proposed alley vacation described as the 2nd north /south alley east of Sherman Avenue running south from Roosevelt Street a distance of one hundred twenty -eight (128) feet to the intersecting east /west alley; abutting lots 233 and 234 of the Northwest 3rd Plat to the City of South Bend. It was noted that this public hearing is being held in order for the Board to submit a recommendation to the Common Council con- cerning the Petition filed by Prentise Bonds, 902 Roosevelt Street, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18.53.8, owners whose property abut the proposed alley to be vacated were notified of the Board's public hearing date. There being no one present to speak either for or against the proposed alley vacation, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the public hearing on this matter was closed. Mr. Leszczynski advised that favorable comments have been received from the Engineering Department, Area Plan Commission and the Community Development Department regarding this vacation. Based on those recommendations, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to alley vacation subject to any and all utility easements.