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Home My WebLink AboutVacate - Noth Southy Alley in Denniston & Fellows Addition. First thru East West Alley South of Monroe StORDINANCE No. 7322 -84 Passed by the Common Council of the City of South Bend, Indiana. April 24, �9 84 Attest: City Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me April 25, ig 84 of Common Council v IRENE K. GAMMON ig Clerk ORDINANCE NO. 7322 -84 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH -SOUTH ALLEY IN DENNISTON AND FELLOWS ADDITION. PARTS OF LOTS 19 AND 20, AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: NORTH -SOUTH ALLEY BOUNDED BY MONROE ST., TO THE NORTH. THE FIRST THRU EAST WEST ALLEY SOUTH OF MONROE ST., ALLEY LYING BETWEEN COLUMBIA ST., TO THE EAST AND CARROLL ST., TO THE WEST. 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 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: North -South alley in Denniston and Fellows Addition parts of Lots 19 and 20, and being more particulary described as follows: North -South alley bounded by Monroe St., to the North. The first thru East -West alley South of Monroe St., said alley lying between Columbia St., to the East and Carroll St., to the West. 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 indivi- dual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Parts of Lots 19 and 20 in Denniston and Fellows Addition. More particularly sub Lots 6, 8, 9, 10 and a vacated 10 foot wide alley lying adjacent to said Lot 8 in George R. Hudson's Subdivision, above Lots lie to the east of alley. Sub Lots 7 and 20 which lie to the West of alley to be vacated. SECTION IV. is to: The purpose of the vacation of the real property Have better lots for developing the area. It is the purpose of the adjoining property owners after vacation of the alley (Crescent Really owners of sublots 6,8,9,10 and vacated alley adjacent to sublot 8, and Dainty Maid, Inc., and Hablin Co. Inc., owners of Sublots 7 and 20) to draw a straight line between' the lots, giving all parties more usable lots. The idea is to get rid of the job between the lots. SECTION V. This Ordinance shall be in full force and effect only after compliance with the conditions recommended by the Board of Public Works at their meeting of April 16, 1984, as set forth in Exhibit A which is attached hereto and made a part of this Ordinance, passage by the Common Council and approval by the Mayor. 2nd READING NOT APPROVED 7 REFERRED PASSED �/ -a 5/_ S/ Q,o �rna� J () Member of the C on Council O F— W N N ;z— N; F— , in 0 cr- m W ti — y0C7WN1 --h-O t- .. O-j co I O NCL c , >=J� - - -_= wZts TO Jw0mviY> —= 1 x _j U— NOMI -F— F-0 Q NQCu Z �Nfi W F-F- ct QF--LO COQOm N Z Q W Z W -- O •(LNGuj:D ZNJ m OZ 0 Q:3:O =cc:D O to 0 Z C• J J O O F-- = C3. >- < M Z c F-O 7JCO F- NJ --c1' X SN— pt.aJ Q mQ e Lit F-- F-Z— O>- F- F- >-7 - =C) cY_ Z -- Q F- U--, W N W UJ O F- OZC� �G J •Q'_JJJ N Z ts3 C1 01 Q N J F- — J J O U OQ""O_Q QNIiQQ V Q3 , �___ q � �'9 L f '�4 >s S's• vs rr 5 y I I _ � v' ..VVff••�'YY a9++7 r, sb: I I N vy + 1sQ u m i s O ,� VI awnioo ca 3 a7 Q q��o8 � bo rer. ] � crs•• O c� I qs uj —:=d LLI 0 A 1�02l21d5- W b 5 I I 61' 9' 79 Gb S6b co � 0 cD u; d CD T _ W 11) 1)m o f - -- S b _.. c•6b _ I z sh LL- W NQ 0 Hd3SC W Cc{ { w A A+ ■ . (11 Ol c o v s'G6h, O VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The (q / north- south) (alley /X.dZX) in the block Monroe St. to the North. The first thru east -west alley south of Monroe St. bounded by —_Said alley "tviLz b tween Columbia St. to the east and Carroll St. to the west. in Denniston and Fellows Addition. NAME Dainty Maid Bake Shop, Inc. .n---1 19 ;- . t Sec.-Treas. .. President C'02 CCIESC'Ar P'4p� .� 0 IRENE GAMMON CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND, IN 46601 ADDRESS 231 S. Michigan St., So. Bend, IN 229 S. Michigan St., So. Bend, IN y3� E C,o\k Amendments to Bill No. 34 -84 (An Ordinance to vacte cetain Property) Amend Section V. to read as follows: Section V. This Ordinance shall be in full force and effect only after compliance with the conditions recommended by the Board of Public Works at their meeting of April 16, 1984, as set forth in Exhibit A which is attached hereto and made a part of this Ordinance, passage by the Common Council, and approval by the Mayor. "Exhibit A" - -page 1 CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 April 23, 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 - N/S ALLEY IN THE BLOCK OF MONROE STREET TO THE NORTH - THE 1ST THRU E/W ALLEY SO. OF MONROE STREET (SAID ALLEY LYING BETWEEN COLUMBIA STREET TO THE EAST AND CARROLL STREET TO THE WEST) Dear Members of the Council: In accordance with Ordinance No. 6971 -81, a favorable recommendation is being submitted to the Common Council concerning the north /south alley in the block bounded by Monroe Street to the North; the first thru east /west alley south of Monroe Street, said alley lying between Columbia Street to the east and Carroll Street to the west in Denniston and Fellows Addition. A public hearing was held on Monday, April 16, 1984 by the Board of Public Works concerning the proposed vacation. Mr. John Schmidt for Crescent Realty, one of the Petitioners, was present and spoke in favor of the vacation. No remonstrators were present to speak against the vacation and no written objections were filed with the Board. A copy of the excerpts of the minutes from that 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 traffic to turn at the intersection of the T -alley created by this vacation (Options attached) and subject to any and all utility easements. If you have any questions regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS -M. Avvmtl� Sandra M. Parmerlee, Clerk "Exhibit A" - -page 2 Parcel to be dedicated to Ci Option No. 1. A parcel of land measuring 54 -feet east -west by 6 feet north- south-taken off of,a portion of vacated alley and Lots 20 and 10 of Hudson's Sub of Lots 19 and 20 of Denniston and Fellows Addition to the City of South Bend, Indiana. Option No. 2 Two (2) triangular portions of land measuring 9 feet by 9 feet by 12.7 feet plus or minus taken off of the northeast and northwest corners respectively of Lots 16 and 9 of Jordan's Sub of Lots 21 and 22 of Denniston and Fellows Addition to the City of South Bend.