HomeMy WebLinkAboutVacate - First East West Alley North of Ewing Ave Running West from CatalpaORDINANCE No. 7075 -82
Passed by the Common Council of the City of South Bend,
Attest.
Presented by me to the Mayor of the City of South Bend,
IRENE K. GAMMON
July 13, - 82
Clerk
of Common Council
IRENE K. GAMMON
Approved and signed by me --J JZ= � ,
vf•
Clerk
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY : THE FIRST EAST -
WEST ALLEY NORTH OF EWING AVENUE RUNNING
WEST FROM CATALPA TO THE FIRST NORTH -
SOUTH ALLEY FOR A DISTANCE OF 140 FEET,
ALL BEING IN CITY VIEW PLACE, SOUTH BEND,
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 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 EAST -WEST ALLEY NORTH OF EWING AVENUE
RUNNING WEST FROM CATALPA STREET TO THE 1ST
NORTH -SOUTH ALLEY FOR A DISTANCE of 140 FEET,
ALL BEING IN CITY VIEW PLACE, 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 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:
North 1/3 of lots 25, 26, & 27 and Lot 28
of City View Place
is to:
SECTION IV. The purpose of the vacation of the real property
make a garden
SECTION V. This ordinance shall be in full force and effect
from and eftef its passage by the Common Council and approval by the
Mayor.
Is} READNG
PUBLIC HEARING %- /% - Fl L--
2nd READING 7-12 _rz
NOT APPROVED
REFERRED
PASSED
FILED IN CLERK'S OFFIC ember o t e Common C cil
JUN 2 7 19B2
Irene Gammon
CITY CLERK, SOUTH BEND, IND.
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Your Committee OF THE WHOLE
to whom was referred
BILL NO.
67 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST
EAST —WEST ALLEY NORTH OF EWING AVENUE RUNNING WEST FROM
CATALPA TO THE FIRST NORTH —SOUTH ALLEY FOR A DISTANCE OF 140
FEET, ALL BEING IN CITY VIEW PLACE, SOUTH BEND, INDIANA.
Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED
TO THE COUNCIL FAVORABLE.
JOHN VOORDE
Chairman
re.. .rte.. co.
BOARD OF PUBLIC WORKS
John E. Leszczynski, President
Richard L. Hill
Joseph E. Kernan
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
July 12, 1982
South Bend Common Council
4th Floor, County -City Building
South Bend, Indiana 46601
Dear Council Members:
219/284 -9412
In accordance with Ordinance No. 6976 -81, the follow-
ing recommendation is being submitted to the Common Council
concerning the petition filed by James Balint to vacate the
first east -west alley north of Ewing Avenue running west
from Catalpa Street to the first north -south alley for a
distance of 140 feet, all being in City View Place:
Favorable comments have been received by
the Board from the Community Development
Department, Area Plan Commission and
Engineering Department provided easement
rights are maintained.
A public hearing was held by the Board
on July 12, 1982, concerning the proposed
vacation, and no objections were brought
forth from adjacent property owners. A
letter of concern was received in the Board
office from Mr. Theodore Reiter, 2210 S.
Catalpa Street, because he felt the
closing of this alley would eventually
mean the closing of the alley next to
his home. However, the closing of the
above alley has no direct bearing on the
alley adjacent to Mr. Reiter's home.
After due consideration, the Board hereby submits a
favorable recommendation to the Common Council for the
vacation of the above right -of -way subject to the maintenance
of easement rights by the municipal City of South Bend and
all utilities.
S. B. Common Council
Page Two
July 12, 1982
A copy of the excerpts of the minutes of the Board
hearing held today will be forwarded to you when they
are transcribed. I apologize that we are not able to
forward the minutes to you prior to your meeting tonight.
Very truly yours,
BOARD OF PUBLIC WORKS
Barbara J. Byers, Clerk
BJB /mp