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HomeMy WebLinkAboutVacate - North/South Alley Bounded by Mishawaka Ave 21st st., 20th St. Mishawaka AveORDINANCE No. 7o4, -22 Passed by the Common Council of the City of South Bend, A7— Ao�� Presented by me to the Mayor of the City of South Bend, Approved and signed by Ig 82 IRENE K. GAMMON OWNS Clerk of Common Council IRENE K. GAMMON 12-91d M Clerk ORDINANCE AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH /SOUTH ALLEY BOUNDED BY MISHAWAKA AVE. ON THE NORTH, 21ST STREET ON THE EAST, 20TH STREET ON THE WEST, AND THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVE. ON THE SOUTH. 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 North -South alley between 20th Street and 21st Street extending South from the South line of Mishawaka Avenue to the North line of the first East -West alley South of Mishawaka Avenue, also described as the 14 foot alley between Lot 1 Shank's 1st Addition and Lot 48 Dunn's 1st Addition, both to the City of South Bend, St. Joseph County, 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: Lot Numbered. One (1) Shank's 1st Addition and Lot Numbered Forty -eight (48) Dunn's 1st Addition, both to the City of South Bend, St. Joseph County, Indiana. SECTION IV. The purpose of the vacation of the real property is to: Allow for the building of a neat public library to be known as the River Park Branch Library. 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. c FILED IN CLERK'S OFFICE Member of the Common Council PU UC HEARING g_aa -�� 2nd READING ,�_ Mn'n- 1M NOT APPROVED REFERRED Irene Gammon PASSED - a aZ _ 8 ,� CITY Cgg, SOUTH BEND, IND. VACATION PETITION DATE February 16, 1982 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The (mm;ct/north- south) (alleys {) in the block bounded by Mishawaka Avenue on the North, 21st Street on the East, 20th Street on the West and the first East -West alley South of Mishawaka Avenue on the South. in Shank's 1st Addition and Dunn's 1st NAME SOUTH BEND PU^B\nL\IC LIaB\RARY t DoiTaid J. Napoli, Director IRENE GAMMON CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND, IN 46601 ition. ADDRESS 122 West Wayne Street South Bend, Indiana 46601 EXHIBIT A NAMES AND ADDRESSES OF ABUTTING PROPERTY OWNER AND ALL PROPERTY OWNERS WITHIN 200 FEET OF THE NORTH -SOUTH ALLEY BETWEEN 20th STREET AND 21st STREET EXTENDING SOUTH FROM THE SOUTH LINE OF MISHAWAKA AVENUE TO THE NORTH LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF MISHAWAKA AVENUE ABUTTING OWNER: NAME. ADDRESS Ruth M. and Lynn J. Hoover 51895 Old Mill Road South Bend, IN. 46637 OWNERS WITHIN 200 FEET: Wilson Lonnie and Rosa Taylor 2006 Mishawaka Ave. South Bend, In. 46615 Bernard P. Nevel and Robert L. Proudfit 2002 Mishawaka Avenue South Bend, IN. 46615 Clarence C. and Edith Cox 914 South 20th Street South Bend, IN. 46615 Sheldon R. and Shirley L. Maxey 921 21st Street South Bend, IN. 46615 Floyd H. and Lucille V. Frisbie 812 36th Street South Bend, IN. 46615 Trustee of Indiana University Real Estate Department 521 East 4th Street Bloomington, IN. 47401 Clarence D. and Alma I. Kelly 926 S. 20th Street South Bend, IN. 46615 John A. Collins, Jr. and Gail Lynne 930 20th Street South Bend, IN. 46615 Arthur C. and Geraldine R. Huys 2108 Mishawaka Avenue South Bend, IN. 46615 Peter V. and Rosemary Majeski 54756 Bonnethill Trail Mishawaka, IN. 46544 David M. and Wendy M. Smith 918 South 21st Street South Bend, IN. 46614 Jean M. Metzger and Bruce H. Metzger 922 South 21st Street South Bend, IN. 46615 Lucille V. Quirk and Thomas P. Quirk 926 21st Street South Bend, IN. 46615 Floyd B. and Clara M. Wojciechowski 930 South 21st Street South Bend, IN. 46615 Albert J. and Tressie Bushey 929 South 21st Street South Bend, IN. 46615 Charles S. and Rhonda W. Whetstone 925 South 21st Street South Bend, IN. 46615 Exhibit A — Page 2 Esther Levander -Life Estate and Elsie Brummitt James Lee Fisher NOTE: 411 Wellington Court Apartment B Mishawaka, IN. 46544 1032 Victory Avenue South Bend, IN. 46615 Attached hereto is a photocopy showing the location of the alley to be vacated, which alley is highlighted in yellow, and sufficient copies are attached so as to allow the mailing of one copy to each the Abutting Owner and Owners Within 200 Feet as hereinabove listed. DUTH BEND 139 a SEC.18 PORTAGE TWP )FT. TO I INCH T.37N. R.3E. OF THE 3RD. P M. a SEE PAGE 95 AVE• 3. • nr tl nl I r1 ' 12 1� 9 I 1-�i T. 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TommMrr Irpart lXo tae (famawn (IIoanrtt of Or (!City of *wA4 Ikub: Your Committee OF THE WHOLE to whom was referred BTLL NO- 25-82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH /SOUTH ALLEY BOUNDED BY MISHAWAKA AVE., ON THE NORTH, 21ST STREET ON THE EAST, 20TH STREET ON THE WEST, AND THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVE., ON THE SOUTH. 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 '"[. !...* IVBLIOXIN6 CO.