HomeMy WebLinkAboutVacate - First North/South Alley West of Olive St and South of Delaware StORDINANCE NO. 7370 -84
Passed by the Common Council of the City of South Bend, Indiana_
rim
_August 27, Yo 84
IRENE K. GAMMON
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
Au ust 28 i9 84
of Common Council
IRENE K. GAMMON
Approved and signed d' C
gn d by me � 19 �
City Clerk
ORDINANCE NO-2376-941
AN ORDINANCE.TO VACATE THE FOLLOWING DESCRIBED PROPERTY
Wanting to vacate the 1st north /south alley west of Olive St.
and south of Delaware St. and north of the lst east /west alley
north of Ewing St. being more particularly described as being
bounded by tots 143 thru 156 and Lots 181 thrii 194 of
Homeland 2nd Addition recorded subdivision.
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 witYi:n 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:
Wanting to vacate the 1st north /south alley west of Olive St.
and south of Delaware St. and north of the first east /west alley
north of Ewing St. being more particularly described as being
bounded by Lots 143 thru 156 and Lots 181 thru 194 of
Homeland 2nd Addition recorded subdivision.
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 143 thru 156 and Lots 181 thru 194 of Homeland 2nd Addition.
SECTION IV. The purpose of the vacation of the real
property is to:
Close an unwanted, unused and unimproved alley and to allow adjacent
property owners a better, safer and more efficient use of real_
estate which will be placed on the city's tax rolls.
SECTION V. This ordinance shall be in full force and effect
from and after its passage by the Common Council and approval
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VACATION PETITION
DATE July 24, 1984
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 _ k@jLtiW to vacate t
he 2st t alle = of c St. and
in Hcmeland 2nd Addition.
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Tommi ltr Depart
on tot Townwn Tonm -d of tot Tiv of 001d4 Brut:
Your Committee OF THE WHOLE
to whom was referred
84 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST
NORTH /SOUTH ALLEY WEST OF OLIVE ST. AND SOUTH OF DELAWARE
ST., AND NORTH OF THE 1ST EAST/WEST ALLEY NORTH OF EWING ST.,
BEING MORE PARTICULARLY DESCRIBED AS BEING BOUNDED BY LOTS
143 THRU 156 AND LOTS 181 THRU 194 OF HOMELAND 2ND ADDITION
RECORDED SUBDIVISION.
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
FREC PRESS PUBLISHING CO.
BOARD OF PUBLIC WORKS
John E. Leszczynski, President
Richard L. Hill
Michael L. Vance
Members of the Common
Council Chambers
County -City Building,
South Bend, Indiana
CITY of SOUTH BEND X10
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
Council
4th Floor
46601
August 8, 1984
219/284 -9412
RE: Alley Vacation - lst N/S Alley W. of Olive Street and South
of Delaware Street and North of the lst E/W Alley North of
Ewing Street
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. and Mrs. Leonard
Skwarkan, 2221 South Olive Street, South Bend, Indiana to vacate the
lst north /south alley west of Olive Street and south of Delaware Street
and north of the lst east /west alley north of Ewing Street being more
particularly described as being bounded by Lots 143 through 156 and
Lots 181 thru 194 of Homeland 2nd Addition recorded subdivision.
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. Mr. Leonard Skwarkan,
2221 South Olive Street, South Bend, Indiana, Petitioner, was present
and spoke in favor of the vacation. A written objection was received
from Mr. Daniel R. Popielski, 2402 West Calvert Street, South Bend,
Indiana. Mr. Popielski urged that this alley not be vacated as it
would create rear yard access problems and he is especially concerned
in light of recent discussions concerning a change in the trash pick-
up system. Mr. Skwarkan advised the Board that he has had discussions
with Mr. Popielski and that potential trash pick -up problem is his
primary concern. A copy of the excerpts of the minutes of the public
hearing is attached for your information.
Based on comments received from the Engineering Department, Area
Plan Commission and Community Development Department, the Board of
Public Works recommends vacation of the above referred to alley subject
to the City being provided the needed right -of -way to allow for a suf-
ficient turning movement at that portion of the alley that will not be
vacated and subject to any and all utility easements.
Members of the Common Council
August 8, 1984
Page 2 of 2
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
enclosure