Loading...
HomeMy WebLinkAboutVacate - 1st North South Alley West of Eddy St runnig South from Napoleon BlvdORDINANCE No 7242 -83 Passed by the Common Council of the City of South Bend, Indiana September 12, 19 83 Attest: `J� City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 13, �9 83 Approved and signed by me O� IRENE K. GAMMON Clerk ORDINANCE NO. %,V la_,yg AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The lst North -South alley West of Eddy St. running South from Napoleon Blvd. 212 feet plus or minus to that portion of North -South alley vacated by Resolution 2476 all being in Sorints 2nd Addition to the town of Lowell in South Bend, Indiana. (See Exhibit A) STATEMENT OF PURPOSE AND INTENT Pursuant To Indiana Coe ec on 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 North -South alley West of Eddy St. running South from Napoleon Blvd. 212 feet plus or minus to that portion of North -South alley vacated by Resolution 2476 all being in Sorin's 2nd Addition to the town of Dwell in South Bend, Indiana. 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 ut lit es 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 35, 36, 37, 41, 42, 43 or Sorin's 2nd Addition to the town of Lowell in South Bend, Indiana. SECTION IV. The purpose of the vacation of the real property is to: vacate a dead -end alley and eliminate a public nuisance. 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. 10 READING -v' -v7-'7 y—S PUBLIC NEARING 2nd READING NOT APPROVED REFERRED GASSED 7-�/ 1 • ' of Co f f, • • 1 FILED t� CLEFTS OFFICE A! ...4 z . 1983 Irene Gammon CITY CLERK, SOUTH BEND, IND. EXHIBIT A PETITION TO VACATE The 1st North -South alley West of Eddy St. running South from Napoleon St. 212 feet plus or minus to that portion of North -South alley vacated by Resolution 2476 all being in Sorin's 2nd Addition to the town of Lo ell in Sou1~h,�n iana. , r NOTR1M UNIVERSITY I � T I h !t4 LL _ .. So ­6 7 h 93 Q !az W - 92 - 50 ld394 I ST 1 - W I ! ks B23 C 2zi4 825 2669 a ! !6S 3 53 kD 53 to 1 47 9 4_ -�5 ,z&4 ' 2 ('W 6G 54 48 N 4 36 4 -6 r _55 m 49 b T7 2277 'y q 2 C 3S? 2r - sue- 1k, _ -Aa EZ 56 SO V 44 _18 W J 63 5 7 (z S !�' 45 � 39 W '4 a L W 46 SB i\ Rio ( ' iG •� ' IOI 9'S � I3 b17, oL 96 �, o� 103 97 J /1 92 y lCA I 919 14L4 _ T`) ] .93 0 ° D 33 h - - a 3/ 5D 30 1 - W I ! ks B23 C 2zi4 825 2669 a ! !6S 3 53 kD 53 to 1 47 9 4_ -�5 ,z&4 ' 2 ('W 6G 54 48 N 4 36 4 -6 r _55 m 49 b T7 2277 'y q 2 C 3S? 2r - sue- 1k, _ -Aa EZ 56 SO V 44 _18 W J 63 5 7 (z S !�' 45 � 39 W '4 a L W 46 SB i\ Rio ( ' iG •� ' IOI 9'S � I3 b17, oL 96 �, o� 103 97 J /1 92 y lCA I 919 14L4 _ T`) ] .93 VACATION PETITION DATE August 8, 1983 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The (mac 1 /north- south) (alley /sue) in the block bounded by Napoleon Blvd, Eddy St., St. Vincent St. and Frances Sto in Sorin's 2nd Addition. NAME ADDRESS 0 IRENE GAMMON CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND, IN 46601 List of Names and Addresses of All Property Owners Within 200 Ft. of the Proposed Vacated Property J. Robert and Joyce M. Wegs 1113 N. St, Joseph South Bend, I" 46617 John and Jean T. Oesterle 1127 N. Eddy South Bend, IN 46617 Felix L. and Stephanie 4hriatrowski 1121 N. ]Eddy South Bend, IN 46617 Thomas F. and Kamilla K. Kapacinskas 1126 N. Frances St. South Bend$ IN 46617 Madeline Zach 1122 N. Frances South Bend, IN 46617 George J. and Eleanor Wack 1025 St. Vincent South Bend, IN 46617 Kevin M. and Dorothy A. Ranaghan 1003 St. Vincent South Bend, IN 46617 Council for the Retarded of St. Joseph County, Inc. Logan Center 1235 N. Eddy South Bend, IN 46617 CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 August 23, 1983 BOARD OF PUBLIC WORKS 2.19/284 -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 WEST OF EDDY STREET FROM NAPOLEON BLVD. SOUTH TO THE 1ST EAST /WEST ALLEY (VACATED) SOUTH OF NAPOLEON BLVD. 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 lst north /south alley west of Eddy Street running South from Napoleon Blvd., 212 feet plus or minus that portion of north /south alley vacated by Resolution No. 2476 all being in Sorin's 2nd Addition to the town of Lowell in South Bend, Indiana. A public hearing was held on Monday, August 22, 1983, by the Board concerning the proposed 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. The Board received comments on the above referred to alley vacation from the Engineering Department, Area Plan Commission and the Community Development Department. Based on those comments, the Board of Public Works recommends vacation of the above mentioned alley 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 Sandra M. Parmerlee, Clerk smp Enc