HomeMy WebLinkAboutVacate - First North South East West Alley South of Western Ave running West from Arnold StORDINANCE No 7140 -82
Passed by the Common Council of the City of South Bend, Indiana
OJ
December 6, 1982
City Clerk
K. GAMMON
of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
IRENE K. GAMMON
Approved and signed by me F 19 9 -�
Clerk
ORDINANCE NO. 7/ �'o -ffa
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY
The first North - South, East -West
Avenue, running West from Arnold
92 feet, thence North a distance
to the South right -of -way of the
all being Inguilfoyle's Proposed
B.O.L. 94 in the City of South B
Alley, South of Western
Street for.a.distance of
of 80 feet more or less
present 12 foot alley,
Subdivision of Point of
an d .
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 North - South, East -West
Avenue, running West from Arnold
92 feet, thence North a distance
to the South right -of -way of the
all being Inguilfoyle's Proposed
B.O.L. 94 in the City of South B
Alley, South of Western
Street for a distance of
of 80 feet more or less
present 12 foot alley,
Subdivision of Point of
and.
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 owners may be injuriously
or beneficially affected by such vacating:
Robert J. Silver
P. 0. Box 1002
South Bend, IN 46624
Joyce Hoff
1652 N. Sheridan
South Bend, IN 46628
Joseph Shula
3021 W. Sample
South Bend, IN 46618
SECTION IV. The purpose of the vacation of the real property
is to:
The subject alley is currently non - functional and thus
beneficial only to the Petitioners as they are the owners
of real estate adjacent to the subject alley. The Petitioners
are willing to grant the City of South Bend a 6 foot portion of
Lot Number 5 so that an alley can be made. As it now exists
individuals are trespassing on the Petitioners' property (Lot
Number 5) to gain access to Arnold Street. Petitioners agree to
dedicate said footage of Lot No. 5 to the City of South Bend so
that the alley can be extended in an easterly direction to intersect
witl) Arnold Street. This ordinance shall be conditioned upon the
owner of Lot No. 6 dedicating a corresponding six (6) foot portion
in order to provide a total of twelve (12) feet for an alley to
run in an easterly direction to Arnold Street.
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.
Member of the Common Counc
Passed, as amended, December 6, 1982
ORIGINAL ORDINANCE PREPARED BY ANTHONY M. ZAPPIA
attorney for Petitioners Joyce Hoff and Joseph Shula
VACATION PETITION
DATE fU L /k 198(2
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNERS, PEITITION YOU TO VACATE:
The first North- South, East -West alley, South of Western Avenue,
running West from Arnold Street for a distance of 92 feet,
thence North a distance of 80 feet more or less to the South
right -of -way of the present 12 foot alley, all being Inguilfoyle's
Proposed Subdivision of Point of B.O.L. 94 in the City of South
Bend.
I►�Ie�
ADDRESS
/ f ,
IRENE GAMMON
CITY CLERK
ROOM 455
COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
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PETITION TO VACATE
The 1st North - South, East -West alley South of Western Avenue running
West from Arnold for a distance of 92 feet thence North a distance of
80 feet more or less to the South right -of -way of the present 12 foot
alley all being in Guilfoyles Proposed Subdivision of point of B.O.L.
94 in City of South Bend.
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Ma #tie (common Toundt of tot (Iiiil of ovnt4 spud:
Your Committee OF THE WHOLE
to whom was referred
RTT.T. Mr)
136 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST
NORTH — SOUTH, EAST —WEST ALLEY, SOUTH OF WESTERN AVENUE,
RUNNING WEST FROM ARNOLD STREET FOR A DISTANCE OF 92 FEET,
THENCE NORTH A DISTANCE OF 80 FEET MORE OR LESS TO THE SOUTH
RIGHT —OF —WAY OF THE PRESENT 12 FOOT ALLEY, ALL BEING IN
GUILFOYLE'S PROPOSED SUBDIVISION OF POINT OF B.O.L. 94 IN THE
CITY OF SOUTH BEND.
Respectfully report that they have examined the matter and that in tMr opinion this bill should be recommended
to the Council favorable, as amended:
Change Lot Number 6 to read Lot Number 5 in two places. Add the
following language to the end of the paragraph:
Petitioners agree to dedicate said footage of Lot No. 5 to the City of
South Bend so that the alley can be extended in an easterly direction
to intersect with Arnold Street. This ordinance shall be conditioned
upon the owner of Lot No. 6 dedicating a corresponding six (6) foot
portion in order to provide a total of twelve (12) feet for an alley
to run in an easterly direction to Arnold Street.
John Voorde
Chairman
FRE[ PRESS PUBLISHING CO.