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Home My WebLink About9758-07 Vacation Street PeashwayORDINANCE No. 9758-07 Passed by the Common Council of the Ciry of South Bend, Indiana June 11, Attest: Attest: 20 07 Presented by me to the Mayor of the Ciry of South Bend, Indiana June 12, 07 20 City Clerk President of Common Council Approved and signed by me ~ ~~ n e 13 . 20 ~_ Ciry Clerk Mayor ORDINANCE NO. ~I ~ ~g ~7 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The street to be vacated is a portion of Peashway Street from Leeper Avenue to Michigan Street for a distance of 120 feet, more or less and a width of 50 feet. Being apart of Leeper's addition, Portage Township, 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 street to be vacated is a portion of Peashway Street from Leeper Avenue to Michigan Street for a distance of 120 feet, more or less and a width of 50 feet. Being a part of Leeper's addition, Portage Township, 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 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 maybe injuriously or beneficially affected by such vacating: Lot number -4438 Section IV. The purpose of the vacation of the real property is 1.. People loiter in their cars at the end of the street. No streetlight at the end street. Empty alcohol bottles and trash on lawn and curbside in the morning. 2. People use street to cross down and across 933 on foot and bicycle. No cross walk is there for people to cross legally. 3. Local gardeners dump branches and yard waste over guardrail and onto embankment at end of street. 4. Street is an esthetic nuisance. City does not street sweep or repair asphalt. S. Asphalt is broken up with weeds and grass growing thru during the spring and summer months. Street needs to be mowed or use weedeater to maintain. 6. When mower or weedeater is used on broken asphalt, pieces of asphalt are thrown, getting into lawns and hitting side of homes. 7. Trees on easement have broken down curbs and broken up areas of asphalt. 8. Lack of street repair and maintenance negatively effects surrounding homes and neighborhood that strives for appealing community. 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. Attest: ity Jerk Member of the C n Council Presented by me to the Mayor of the City of South Bend, Indiana on the ~ Z~ day of ~ c~, w~ , 2 00 , at ~ L'• `\ s o'clock .m. ~a~~ _ ~k ity Clerk A ved and signed by me on the /z~ day of ~--~- , 2~, at o'clock m. Filed In Clerk's 1 st READING S 25 ~l PUBLIC HEAP,ING(o ~(~-~ 3 rd READING (o,t`_~j~ NOT APPROVED r.~~Y ~ 6 2007 JOHN VOOROE CITY CLERK, S0. BEND, tN. of REFERRED PASSED ~~~~~ ~ ~] TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 30-07 BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF PEASHWAY STREET FROM LEEPER AVENUE TO MICHIGAN STREET FOR A DISTANCE OF 120 FEET, MORE OR LESS AND A WIDTH OF 50 FEET. BEING A PART OF LEEPER'S ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Acting Chairperson PETITION TO VACATE PUBLIC RIGHTS-OF-WAY - (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: ~` ~ ~ ~ OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: ~~ 1~~~n ~~~. \ QG~ ~. NAME (signed 8~ printed) Cw~C,Q v~;~r~ ~ LOT # CONTACT PERSON (S) NAME: ~(3E L15V~ ~~v~~ S~ RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CI SOUTH BEND, IN 46601 Filed in Cier{c's Offlce 574-235-9221 PHON ADDRESS l~a~ 1--~ ~~L~ e ~~~ AY 1 6 2001 Ord' r"t;:i,~, 50. BEP1D, IN. ~ ~ ~~,~ , zti ~#~ i~ i~ `~~ `f ~ Z~EIQ ' ~i Zy-~ ~~ POKAGEN ST. -4487 - 4488 18-512 - 449 3 ~-- QC C~ U_ Fil~d~ In ~l~ri<'~ ~~~3~~ ~~ q1(1 6 2007 JOFI?! VODRDE CITY CL'ci~X, S0. BEND, IN. THE STREET TO BE VACATED IS A PORTION OF PEASHWAY STREET FROM LEEPER AVENUE TO MICHIGAN STREET FOR A DISTANCE OF 120 FEET, MORE OR LESS AND A WIDTH OF 50 FEET. BEING A PART OF LEEPER'S ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. - 4489 ~ 5127 - 4490 120' ~ PEASHWAY ST. - 4438 3 5125 - 4438.01 -4438.02 rn 0 rn I 18 5115 o ° ~ I w 18-511 a w ~ ~ ~ I I W W J PEASHWAY ST. LEGAL DESCRIPTION: