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Home My WebLink AboutVacate - Second Alley West of Harris St Running South from Poland StORDINANCE No. 7369 -84 Passed by the Common Council of the City of South Bend, Indiana August 27, -10 84 IRENE K. GAMMON City Clerk Presented by me to the Mayor of the City of South Bend, Indiana Au ust 28 19 84 of Common Council IRENE K. GAMMON Approved and signed by 4 Clerk SUBSTITUTE BILL NO. 38 -83 ORDINANCE NO., 7.36 9- g V AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND ALLEY WEST OF HARRIS STREET RUNNING SOUTH FROM POLAND STREET, WHICH IS WITHIN THE 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 hereinafter described public property which is located within the City of South Bend, Indiana. 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, Indiana, having eld a public hearing on the petition to vacate the following described property: The second alley west of Harris Street running south from Poland Street to Dunham Street, ex- cepting therefrom the intersecting east /west alley for a total combined distance of 261.5 feet by 13 feet plus or minus lying adjacent to Lots 16 & 17 of Harris sub (7' R /W) and Lot 3 of Commissioners sub of Pt. of B.O.L. 99 (6'+ R /W) and Pt of B.O.L. 99 (6' + R /W) hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of ail uti.litie.s and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to electric, telephone., gas, water, sewer, surface water controlled 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 vacation: 1541.West Dunham Street, South.Bend, IN 46619 SECTION IV. Th.e purpose.of the vacation of the described real property is- to assist the El Campito. Day Care Center, Inc. in the physical expansion of their facility, and to provide a safer area around the day care center. SECTION V. The vacation of the real property described in Section I of t is Ordinance is subject to the City of South Bend receiving a Deed of Dedication to the following described real estate: to a point on the south right -of -way of a public alley thence east along said south alley right -of -way a distance of 14 feet thence south a distance of 130 feet thence west a distance of 14 feet to the point of beginning. (containing .04 acres) PARCEL II Commencing at the South. West corner of lot 3 of Commissioners sub of Pt. of B.O.L. 99 thence east along the south line of said lot 3 a distance of 32 feet to the true point of beginning thence continuing east a distance of 46 feet to a point of the south line of lot 4 of same said subdivision thence north along a line parallel to the east line of said lot 4 a distance of 131.5 feet to the south right -of -way line of Poland Street (which is the north line of lot 4) thence west along said R/W a distance of 14 feet thence south along a line parallel to the east line of lot 4 a distance of 96 feet to a point thence south- westerly; south. 49 degrees 19 minutes 30 seconds a distance of 42.19 feet thence south a distance of 8 feet to the point of beginning. (containing .06 acres).. SECTION VI. This ordinance shall be. in full force and effect from and after i passage by the Common Council and approval by the Mayor. N11, S, —.9, W-m These are the properties be vacated. .NAME that are within 200 feet of the alley proposed to LaSalle Partnership James Kapy Myrna and William VanBrocklin John and Josenhine Odvnski George and Evelyn Jarze James J. and Christine Ornat El_Cam to Inc Waclaw and Helens Walkowiak Alice M.Owidak Michael and K Burzynski Edwin C. and Brenda S. Hawkins Lillian Sobczak Shelley R. and Douglas Way Priscilla T. Makowski Lucille and Richard Martin Beatrio--.Gonzales Stanley and Clara Odynski, Municipal City of South Bend Arthur M. and Marie Van Heucke Rafael and Armando Garcia and Blademar ADDRESS 430 East LaSalle South Bend, IN 46601 1527 Poland South Bend, IN 46619 1523 W. Poiand South Bend, IN 46619 1524 West Poland- South Bend, IN 46619 1526 West Poland South Bend, IN 46619 West o an South Bend, IN 46619 1541 w. un am South Bend, IN 46619. Brentwood . 'South Bend, IN 46628 e South Bend, IN 46619 es South Bend, IN 46619 lb2-3 W. Dunham South Bend, IN 46619 1-521 w. DunilailL South•Bend,.IN 46619 503 west Ewtng South Bend,'IN 46613 Hurits S. South Bend, IN 46619 narltS -- S. South Bend, IN 46619 Ha S. South Bend, IN 46619 Mazzio S. South Bend, IN 46619 2t3 S. Eddy -Street: South Bend,' IN 46617 425 S. .Harris South Bend, IN 46619 56707 Joseph Lane South Bend, IN 46619 VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The (east- west /north - south) (alley /street) in the block bounded by in NAME El Campito, Inc. Addition. ADDRESS 1541 West Dunham Street South Bend, Indiana 46619 VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The (east- west /north- south) (alley /street) in the block bounded by in Addition. NAME ADDRESS E1 Campito, Inc. 1541 West Dunham Street South Ben , IN 4& eg 4 i -3.Z. Al : s 1, Jzz — F-5 , co E j, 111 87 .s7 • NH 13 14 I�p 0 w Y41 • 0 ORD- I L 10 F PO N LAN U) Ld i -A N HAM lj o6 t IF15HER IR -10 Z Q- V.. LL cr- M TommtUper Irvurt 0010 toe Tnumm Toumil of t4f Tiv of 0OW4 wend: Your Committee OF THE WHOLE to whom was referred 38 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND ALLEY WEST OF HARRIS STREET RUNNING SOUTH FROM POLAND STREET, WHICH IS WITHIN THE 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, AS AMENDED: BY SUBSTITUTION OF A NEW BILL. JOSEPH T. SERGE Chairman FREE PRESS PUBLISHING CO. fg.ammit#rr 16vor# on #lit ffnmmnn (10=1 of t4r (city of 0OW4 Brnd: Your Committee OF THE WHOLE to whom was referred BILL NO. 38 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND ALLEY WEST OF HARRIS STREET RUNNING SOUTH FROM POLAND STREET, WHICH IS WITHIN THE 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. Raymond Zielinski Chairman FREE PRESS 00QAW FUBL.13mNG Co. CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 June 8, 1983 BOARD OF PUBLIC WORKS John E. Leszczynski, President Richard L. Hill Joseph E. Kernan MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County -City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION - 2ND N/S ALLEY W. OF HARRIS STREET FROM POLAND STREET S. TO THE 1ST E/W ALLEY S. OF POLAND STREET Dear Council Members: 219/284 -9412 At the Board of Public Works meeting held on Monday, June 6, 1983, a public hearing was held regarding the above referred to alley vacation. The Board received recommendations from the Engineering Department, Area Plan Commission and the Community Development Department. The contents of those reports are contained in the excerpts of the minutes of the public hearing which is attached for your information. Present at the meeting were the Petitioner, Mrs. Nino, Director of El Campito, Inc. as well as neighborhood residents affected by the proposed vacation of the alley. Based on the concerns expressed at the meeting and the recommendations of the above mentioned departments and commission, it was determined that the Board of Public Works not make a recommendation to the Council on this matter. If I can provide you with any further information on this matter, please do not hesitate to contact this office. Sincerely, BO OF PUBLIC WORKS `. -Aug -'`Sandra M. Parmerlee, Clerk smp Enc.