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.
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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
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