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HomeMy WebLinkAboutVacate - First Alley East of Eddy St running South from Jefferson Blvd to Wayne St NorthORDINANCE No -7359 -83 Passed by the Common Council of the City of South Bend, Indiana. Attest October 24, 1083 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana October 25, .19 _§_3 Clerk Of Common Council IRENE K. GAMMON pp signed y r A roved and si ed b me Clerk ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: "The first alley east of Eddy Street running south from Jefferson Boulevard to Wayne Street, North between Lots 5 and 6 and Lots 88 and 89 for a distance of 335 feet more or less being in Sunnymede lst Edition to 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 above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: "The first alley east of Eddy Street running south from Jefferson Boulevard to Wayne Street, North between Lots 5 and 6 and Lots 88 and 89 for a distance of 335 feet more or less being in Sunnymede lst Edition to the City of South Bend, St. Joseph County, Indiana. "(SEE EXHIBIT "A ") 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: Mr. & Mrs. Paul R. Bowles - Lot 6 Mr. & Mrs. J. P. Freeman - Lot 88 Dr. & Mrs. Thomas Dunfee - Lot 5 Mr. & Mrs. David Basch - Lot 89 SECTION IV. The purpose of the vacation of the real property is for: SAFETY AND SECURITY OF SURROUNDING PROPERTIES. 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. 1st READING 9—la-x-,3 PUBLIC HEARING /Q —a?e 83 2nd READING / O _cp dr3 NOT APPROVED REFERRED PASSED Member of the #mmon Council VACATION PETITION TO THE OF THE WE, THE The NkXi'UL£Wnorth- bounded DATE August 29, 1983 . COMMON COUNCIL CITY OF SOUTH BEND, INDIANA UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: south) {alley/##4XA in the 1100 -1200 block. by Jefferson Blvd. on North East Wayne St. No. on South & Eddy St. on West & North Sunnyside on East. in Sunnymede Addition. NAME ADDRESS 1. Mr. & Mrs.. Paul R. Bowles 1202 E. Jefferson Blvd. 2. Dr. & Mrs. Thomas Dun.fee 1130 E. Jefferson. 3. Mr. & Mrs. J. P. Freeman 1201 E. Wayne St. No. 4. Mr. & Mrs. David Basch '1137 E. Wayne St. * Current mailing address: Mr. &.Mrs. David Basch 9315 SW 83rd. St. Miami, FL 33173 5_ Mr. & Mrs. John Friedline 1120 E. Jefferson Blvd. 6. Mr. & Mrs. Merle Rusk 1212 E. Jefferson Blvd. 7. Mr. & Mrs. Paul Hardesty 1205 E. Wayne No. 8. Mrs. Ida Toepp 1133 E. Wayne No. 9. Dr. & Mrs. George Haley 1131 E. Jefferson Blvd. 10. Mr. & Mrs. Les Daniels 1204 E. Wayne No. IRENE GAMMON CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND, IN 46601 EXHIBIT "A" _PETITION TO VACATE "The first alley east of Eddy•StPeet running south from Jefferson Boulevard to Wayne Street, North between Lots 5 and 6 and Lots 88 and 89 for a distance of 335 feet more or less being in Sunnymede lst Edition to the City of South Bend, St. Joseph County, Indiana." 1 I ON CO r- JEFFERS r �l ,moo i r � i� —_ ' ,y — — "3 •? 3 � � - f'_� - �'`3 i c �.� 1 88 _n j 9, 5 -.:i 9 .j H� R � c WA5F J 5 � I � do r I m i fgummtUrt Report can toe (Immmmn Tamil of tot (gnu of 001# lkttk- Your Committee OF THE WHOLE to whom was referred 98 -83 A BILL TO VACATE THE FOLLOWING PROPERTY: THE FIRST ALLEY EAST OF EDDY STREET RUNNING SOUTH FROM JEFFERSON BOULEVARD TO WAYNE STREET, NORTH BETWEEN LOTS 5 AND 6 AND LOTS 88 AND 89 FOR A DISTANCE OF 335 FEET MORE OR LESS BEING IN SUNNYMEDE 1ST EDITION TO 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 C. ZIELINSKI Chairman FREE PRESS PUBLISHING CO. CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 September 21, 1983 BOARD OF PUBLIC WORKS 219/284 -9412 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 - 1ST NORTH /SOUTH ALLEY EAST OF EDDY STREET . FROM JEFFERSON BOULEVARD TO WAYNE STREET NORTH Dear Members of the Council: In accordance with Ordinance No. 6971 -81, a favorable recommendation is being submitted to the Common Council concerning the Petition to vacate the first alley east of Eddy Street running South from Jefferson Boulevard to Wayne Street, North between Lots 5 and 6 and Lots 88 and 89 for a distance of 335 feet more or less being in Sunnymede 1st Edition to the City of South Bend, St. Joseph County, Indiana. A public hearing was held on Monday, September 19, 1983, by the Board concerning the proposed vacation. Mr. Paul Bowles, 1202 East Jefferson Boulevard and Mr. J.P. Freeman, 1201 East Wayne Street North, attended the meeting and expressed their concerns regarding the vacation. Their comments, as well as the comments received from the Engineering Depart- ment, Area Plan Commission and the Community Development Department are contained in the minutes of the public hearing. A copy of the excerpts of those minutes is attached for your information. Based on all comments received, the Board of Public Works recommends vacation of the above mentioned alley, subject to the granting of agree- ments of easements or conveyances of property between the above mentioned affected property owners to permit total access to them and subject to any and all utility easements. Mr. J.P. Freeman and Mr. Bowles were instructed to provide to the Clerk of the Board of Public Works any agreements they may enter into,as the successful resolution of their concerns will be a condition of the vacation. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, BO D OF PUBcLIIC, WOR S Sandra M. Parmerlee, Clerk smp Enc.