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HomeMy WebLinkAboutVacation - Alley - Brookfield Street , Magyer Ct. , Prairie AvenORDINANCE No. 9160-00 Passed by the Common Corcncil of the City of South Bend, Indiana November 13, 00 Attest: Attest: 20 Presented by me to the Mayor of the City of South Bend, Indiana November 14 20 00 City Clerk President of Common Council City Clerk Approved gird signed by me November 14, 20 00 Mcry~ar ORDINANCE NO ~~ ~O~-©~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF BROOKFIELD STREET FROM THE NORTH RIGHT-OF-WAY OF MAGYAR COURT TO THE SOUTH RIGHT-OF-WAY OF PRAIRIE AVENUE, FOR A DISTANCE OF APPROXIMATELY 168.3 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN PRAIRIE AVENUE HEIGHTS ADD., 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 ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF BROOKFIELD STREET FROM THE NORTH RIGHT-OF-WAY OF MAGYAR COURT TO THE SOUTH RIGHT-OF-WAY OF PRAIRIE AVENUE, FOR A DISTANCE OF APPROXIMATELY 168.3 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN PRAIRIE AVENUE HEIGHTS ADD., 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 NUMBER 3146 LOT NUMBER 3148 LOT NUMBER 3149 SECTION IV. The purpose of the vacation of the real property is that I would like to stop traffic from going through the alley and make this a private drive. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor. ~Q Member of the Common uncil 1 st READING t o' 23_ Q~ PUBLIC HEARING (1-~3-pt7 3rd READING ~~~ ~ 3 ~d~ NOT APPROVED REFERRED f (({{ pL ~ _ t .+r ~~¢~~~E E4~ Yyi E~kq~.~rL Lue~.:~ ~=`': v;~y^~f" .~.• ®G~ ~ ~+ ~i1Q(i L11 7 ~if.'deS~Yi~v~. lJ~:.7 ~'~it~i. PASSEfl ,~,-1~-a~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 101-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF BROOKFIELD STREET FROM THE NORTH RIGHT-OF-WAY OF MAGYAR COURT TO THE SOUTH RIGHT- OF-WAY OF PRAIRIE AVENUE, FOR A DISTANCE OF APPROXIMATELY 168.3 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN PRAIRIE AVENUE HEIGHTS ADD., 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. Andrew Udj ak Chairman PETITION TO VACATE PUBLIC `RIGHTS-OF-WAY ~STREET3/ALLEY31 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: e _ ~, . ~~ ~C~ B. THE STREET DESCRIBED AS: N (signed & printed) ADDRESS LOT # TCv,~v~ ,zo/7 ~ ~ Q~-~ - 33~ a~S'C~d7~ -~^ ~.e 4 d.S Z/Y. /~, ~l~,c,-L ~i_~~~t2 . Ill{ w , z~~~ vhf ~a_a~.~.~ ~CcS-~~ o ~ ~ ` ^c G~. r ~ ~ e~ - 31 y 9 ~--~- P ~d~C`C~h, ~n t w ~fjQ CONTACT PERSON (S) RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERFC ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 219-235-9221 NAME : ~A C M vv ~ b In ~_ ADDRESS : c~l~ (~ ~r Q ; ~' ; ~ ~ V So ~eV.d ~h~r y~1~13 PHONE: 01~~- ~3 ~/'7/p2~ IUa r^ e 5 '~ "e"~ ~' (~' h~c~ J ~~~~ ~~~v ~~ ~, ~ ~pp~-~s5 ~o_~. ~ .~~-- 3/~ ~-ales ~~~ ~~~~~t°~ ~gb~~ ~o i~!~~]°r~; .`. , ,~ ~., ~C~.L.ISfy vV~MJ o19'e,.F~i~- ALLEY VACATION The alley to be vacated is the first north/south alley west of Brookfield Street from the north right-of-way of Magyar Court to the south right-of-way of Prairie Avenue, for a distance of approximately 168.3 feet and a width of 14 feet. Part located in Prairie Avenue Heights Add., South Bend, St. Joseph County, Indiana. s ®(` ~ ~ ~ ~i1Q~ ...n...~ C17YCZy`~r:~:.'~.~::or~~:': .~_.. r+ 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE; MAYOR PHONE 219/235-9251 Fax 219/235-9171 TDD 219/235-5567 BOARD OF PUBLIC WORKS November 13, 2000 Members of the Common Council ~ ~ ~~ Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the Vacation of alleys, as follows: The first north/south alley west of Brookfield Street from the north right of way of Magyar Court to the south right of way of Prairie Avenue, for a distance of approximately 168.3 feet and a width of 14 feet. Part located in Prairie Avenue Heights Add., South Bend, St. Joseph County, Indiana. For your information, the Board of Public Works received favorable recommendations from the Fire Department, Division of Engineering, Department of Community and Economic Development, Area Plan Commission and the Police Department concerning this vacation, subject to any utility easements that may be required. Solid Waste has noted that this alley is used for trash pick up. Therefore, the Board submits to you a favorable recommendation concerning this vacation, subject to any utility easements that maybe required. Sincerely, ~~_ Angela Jacob, Clerk Attachments