HomeMy WebLinkAboutVacate - 1st 14 East West alley North of Lincoln Way West running East from Sancome Ave EastORDINANCE No 7381 -84
Passed by the Common Council of the City of South Bend, Indiana
_ September 10, 19 84
Attest: A7 City Clerk
IRENE K. GAMMON
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
September 11, 19_L4
of Common Council
IRENE K. GAMMON
Approved and signed by me 19---2-1Y
Clerk
i
ORDINANCE NO. � f
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY
The lst 141 east-west alley north of Lincoln Way West running east
from Sancome Avenue east to the intersecting north -south alley
abutting Lots 39 & 40 for a distance of 134 feet, all being in
A.H. Cushingts Addition to the City of South Bend. NOTE: Alley
also abuts Lot 138 in A.G. Cushingts 6th Addition to City of South Bend.
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 1st 141 east -west alley north of Lincoln Way West running east
from Sancome Avenue east to the intersecting north -south alley
abutting Lots 39 & 40 for a distance of 134 feet, all being in
A.if. Cushingts Addition to the City of South Bend. NOTE: Alley
also abuts Lot 138 in A.G. Cushingts 6th Addition to 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,
inci.dingti 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 138, 39, & 40 in A.H. Cushingls Addition to the City of
South Bend.
SECTION IV. The purpose of the vacation of the real property
is to:
prevent people from throwing trash and other refuse into the
alley. People are turning this alley into a dump. Nobody
uses the alley for any other purpose because it is a dead -end
1
JI
PETITION TO VACATE
The 1st 14' east -west alley north of Lincolnway West running east from Sancome
Avenue east to the intersecting north -south alley abutting Lots -39 & 40 for
a distance of 134 feet, all being in A.H. Cushing's Addition to the City of
South Bend. NOTE: Alley also abuts.Lot 138 in A.G. Cushing's Gth Addition to
City of South Bend.
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VACATION PETITION
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE May 14, 1984
WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE:
The (east - west /north- south) (alley /street) in the block
bounded by (north of) Lincolnway West running east from Sancome Avenue east
t6 the intersecting north -south alley abutting Lots 39 & 40 for a distance of
134 feet A.R. sh.
in Addition.
N E ADDRESS
ScznC0m
Tonwarr Irport
Ma tot Tomnton Tounrii of Or tgitg of OoW4 f1mb:
Your Committee OF THE WHOLE
to whom was referred
98 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST
14' EAST —WEST ALLEY NORTH OF LINCOLN WAY WEST RUNNING EAST
FROM SANCOME AVENUE EAST TO THE INTERSECTING NORTH —SOUTH
ALLEY ABUTTING LOTS 39 AND 40 FOR A DISTANCE OF 134 FEET, ALL
BEING IN A. H. CUSHING'S ADDITION 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 4JEW PUBLISHING CO.
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
September 5, 1984
BOARD OF PUBLIC WORKS 219/284 -9412
John E. Leszczynski, President
Richard L. Hill
Michael L. Vance
Members of the Common Council
Council Chambers
County -City Building, 4th Floor
South Bend, Indiana 46601
RE: ALLEY VACATION - 1ST 14' E/W ALLEY N. OF L.W.W. RUNNING
E. FROM SANCOME AVE. E. TO THE INTERSECTING N/S 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. John
Oxian, 742 Sancome, South Bend, Indiana, to vacate the 1st 14'
east /west alley north of Lincoln Way West running east from Sancome
Avenue east to the intersecting north /south alley abutting Lots 39
and 40 for a distance of 134 feet, all being in A.H. Cushing's
Addition to the City of South Bend. It was noted that the alley
also abuts Lot 138 in A.G. Cushing's 6th Addition to the City of
South Bend.
For your information, a public hearing concerning this pro-
posed vacation was held by the Board of Public Works on September
4, 1984. As required, owners whose property abut the proposed
alley to be vacated were notified of the Board's public hearing
date. Mr. John Oxian, Petitioner, was present and spoke in
favor of the alley vacation. There was no one present speaking
against the vacation 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
Department, Area Plan Commission and Community Development
Department, the Board of Public Works favorably recommends
vacation of the above referred to alley subject to any and all
utility easements.
Sincerely,
.",10r OF PUBLIC WORKS
Sandra M. Parmerlee, Clerk
Enc.