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,
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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
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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.