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Home My WebLink AboutVacate - First East-West Alley South of Dunham St Running From Walnut St to Harris StORDINANCE No. 6989-81 Passed by the Common Council of the City of South Bend, /C IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, November 10 19 81 Approved and signed by / �L- Clerk Of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. IQQgq - $1 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF DUNHAM STREET RUNNING FROM WALNUT STREET TO HARRIS STREET FOR A DISTANCE OF 148.5 FT. BEING IN ARNOLD'S SUB PART OF B.O.L. 101 IN THE CITY OF SOUTH BEND, ST.. JOSEPH COUNTY, 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 first east -west alley south of Dunham Street running from Walnut Street to Harris Street for a distance of 148.5 ft. being in Arnold's sub of part of B.O.L. 101 in 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: Lots 8 and 9 of J.B. Arnold's Sub of part of B.O.L. 100 and 101. SECTION IV. 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 Counci 15t RFq -.1 , FILED IN CLERK'S OFFICE 'nn _ `_"RING /! -9_8./ NOV 4 1.981 P "kOVED' PASSED Irene Gammon ammon 11 9 CITY CLERK, SDUiN BEND, IND. Tommutee Report an the (gammon (0am -d of tot (9ity of £M04 wends Your Committee OF THE WHOLE to whom was referred BILL NO. 124 -81 A BILL TO VACATE THE FIRST EAST —WEST ALLEY SOUTH OF DUNHAM STREET RUNNING FROM WALNUT STREET TO HARRIS STREET FOR A DISTANCE OF 148.5 FT. BEING IN ARNOLD'S SUB OF PART OF B.O.L. 101 IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, IN. 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 '... ..... n ,YBLIBNIM6 CO. CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601 BOARD OF PUBLIC WORKS 219/284-9412 John E. Leszczynski, President Richard L. Hill October 27, 1981 Joseph E. Kernan South Bend Common Council 4th Floor, County -City Building South Bend, Indiana 46601 Dear Council Members: In accordance with the Council's recently adopted Ordinance #6976 -81 pertaining to the procedure used for handling street and alley vacation petitions filed with the Common Council, the Board of Works is hereby submitting the following recommendations: Petition to vacate east -west alley between Favorable comments have been received from the Engineering Department, Area Plan Commission and Community Development Department for vacation of this alley. The Board of Works, therefore, recommends said alley be vacated SUBJECT TO ANY AND ALL UTILITY EASEMENTS. Petition to vacate first north -south alley west Unfavorable comments were received from the Engineering Department and Area Plan Commission concerning this vacation as proposed because a dead -end alley would be created. In light of this, the Board of Works recommends said alley NOT be vacated. The Board would re- consider this matter if the petition was amended to include the entire alley running from Dubail south to Calvert, or if property was dedicated for a new alley running either west to Wabash or east to Olive. Page Two Common Council October 27, 1981 A copy of the excerpts of the Board of Works meeting of October 26, 1981, are enclosed for your information as they pertain to the above recommendations of the Board. A copy of a map prepared by the Engineering Department setting forth the correct legal description for each of the above alleys is also enclosed for the Council's perusal. Very truly yours, BOARD OF PUBLIC WORKS GQ�d (-:�,. Barbara J. Byers, Clerk BJB /mp Enclosures (3) EXCERPTS OF MINUTES OF BOARD OF PUBLIC WORKS MEETING: OCTOBER 26, 1981 RECOMMENDATIONS TO COMMON COUNCIL FOR STREET AND ALLEY VACATIONS Mr. Leszczynski advised that, since September 1, 1981, when the Home Town Rule enacted by the state legislature became effective, the Common Council has had jurisdiction over street and alley vacations. Under the new procedure for handling such vacations as adopted by the Common Council, the petitions for vacation will be filed in the City Clerk's Office and referred to the Board of Public Works for a recommendation prior to the Council setting the matter for public hearing. In order for the Board of Works to submit a recommendation back to the Council, the petitions will also be referred to the Engineering Department, Area Plan Commission and Community Development Department for comment. Mr. Leszczynski noted that the following petitions had been referred to the appropriate bodies and a recommendation was now necessary from the Board to forward to the Council: 1. Petition to vacate the east -west alley between 809 and 815 South Walnut Street, running from Walnut to Harris Petition to vacate the first north -south alley west of Olive Street from Dubail south 320 feet Mr. Leszczynski stated that favorable comments had been received from the Engineering Department, Area Plan Commission and Community Development Department for vacation of the east -west alley between 809 and 815 South Walnut Street, subject to any and all utility easements. He further stated that, after a review of the petition to vacate the first north -south alley west of Olive Street from Dubail south 320 feet, the Engineering Department and Area Plan Commission had submitted unfavorable comments because the vacation of only a portion of the alley would create a dead -end alley. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation for the vacation of the east -west alley between 809 and 815 South Walnut Street, and an unfavorable recommendation for the vacation of the first north -south alley west of Olive Street from Dubail south 320 feet. PETITION TO VACATE The first north.-south alley west of Olive Street running south from the north line of Lot 16, extended east to the north line of Lot 15 (which also is the south right -of -way line of Dubail Street) for a distance of 320' (three hundred twenty feet), all being in Oliver Place Addition to the City of South Bend, St. Joseph County, IN. A � JJ y I - — - --�; S , - ( v 'lx J-i ryr 1 2. Z 2.3 a t cy 1 _� "� r ii 'J 73 '."R If 2zo ,71 .. —� °•, I � —�r . i v� l— LL_3�. � •,�� :.�.r«, I gin• .: o �. 171 < •! 2.r0�� - ;1- - -- f : - PETITION TO VACATE The first east -west alley south of Dunham Street running from Walnut Street to Harris Street for a distance of 148.5 ft. being in Arnold's sub of part of B.O.f_ 101 in the City of South Bend, St. Joseph County, IN lip I LA ee Q O aee T ee ' I ae J �_. •,tee �'+I�_' ',� - �1i.i� Z I� "li Z KNf N yYwr I T ' I �_. •,tee �'+I�_' ',� - �1i.i� Z I� "li Z KNf 1� �t PETITION TO VACATE The first east -west alley south of Dunham Street running from Walnut Street to Harris Street for a distance of 148.5 ft. being in Arnold's sub of part of B.O.L 101 in the City of South Bend, St. Joseph County, IN 488 t 11��pp�g�i, �)'61L$7I'I 6; Ou tI��IIWti IIIT��TIII'' III�G LII dfrc 4G �1 1 t� P La . I qa qu qc x 3 5B6 qp6 4C 4C q0 qp • F0 3�, P La . I qa qu qc x 3 5B6 qp6 4C 4C q0 qp • F0 3�, • F0 3�,