HomeMy WebLinkAboutVacation - Alley first e/west alley n of Tasher from e r.o.w. of Main to w r.o.w. of first n/south alley e of Maini
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ORDINANCE No. 900099
Passed by the Common Council of the City of South Bend, Indiana
May 10,
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
ty Clerk
President of Common Council
May 11, 19 99
City Clerk
Approved and signed by me May 11,
19 99
19 99
Mayor
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ORDINANCE NO . ` ~ ~ ` ^ ` 1
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS DESCRIBED AS THE
FIRST EAST/WEST ALLEY NORTH OF W. TASHER
STREET FROM THE EAST RIGHT-OF-WAY OF S. MAIN
STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST
NORTH/SOUTH ALLEY EAST OF S. MAIN STREET FOR A
DISTANCE OF APPROXIMATELY 166 FEET AND A WIDTH
OF 14 FEET. PART LOCATED IN WHITCOMB &
KELLER'S BEVERLY HEIGHTS ADDITION, 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 ALLEY TO BE VACATED IS DESCRIBED AS THE
FIRST EAST/WEST ALLEY NORTH OF W. TASHER
STREET FROM THE EAST RIGHT-OF-WAY OF S. MAIN
STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST
NORTH/SOUTH ALLEY EAST OF S. MAIN STREET FOR A
DISTANCE OF APPROXIMATELY 166 FEET AND A WIDTH
OF 14 FEET. PART LOCATED IN WHITCOMB &
KELLER'S BEVERLY HEIGHTS ADDITION, 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 Nos. 9 & 10
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Section IV. The purpose of the vacation of the real property
is to eliminate the business traffic from Main Street that uses the
above described residential alley.
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.
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Member of the Common Council
lst READING ~ -~Z~~ 1
Pue!;c F~? ARING S-~o -~9
2~d RE~,a:N~ S -~o-~ 9
N07 APPROVED
RErERRED q
PASSED S ~~~~~
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f BAR 2 9 1999
LOEIrTT~ J. DdJD~
CRYCLEilI., H0. ®Eti~i, tt3.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
28-99 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY
NORTH OF W. TASHER STREET FROM THE EAST RIGHT-OF-
WAY OF S. MAIN STREET TO THE WEST RIGHT-OF WAY OF
THE FIRST NORTH/SOUTH ALLEY EAST OF S. MAIN STREET
FOR A DISTANCE OF APPROXIMATELY 166 FEET AND A
WIDTH OF 14 FEET. PART LOCATED IN WHITCOMB &
KELLER'S BEVERLY HEIGHTS ADDITION, 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.
Charlotte Pfeifer
Chairman
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kited in Clerk's Office
P•1AR 2 9 1999
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CITY CLERK, ,°,o. QEMD, IN.
ALLEY VACATION
Legal Description
The alley to be vacated is described as the first East/West alley North of W. Tastier Street from the
East right-of--way of S. Main Street to the West right-of--way of the First North/South alley East of~
S. Main Street for a distance of approximately 166 feet and a width of 14 feet. Part located in
Whitcomb & Keller's Beverly Heights addition, City of South Bend, St. 3oseph County, Indiana.
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PETITION 't'O VACATE PUB ,T~ 'rra S O
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE ,3-Zq-C~~
OF THE CITY OF SOUTH BEND, It~'DIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATB:
A• THE ALLEY DESCRIBED AS:
The _ 1st 2nd) east-west north-south) ALLEY -west/ orth south) of
l~tl, I a r+~-~2.. S'iTU=L~ STREET, RUNNING (east-wes /north-south )
FROM S , MIS-; n.i Sri fZL-C~j STREET, FOR A~ DISTANCE OF
APPROXIMATELY ~~ ~ FEgq+
TO:
ALL IN I~c/tfi-r'COM CG ~ K,~ LL.L-"2's BC-u~-2.Ly }~~ ~ (oH-is
(Insert subdiv sion name)
B• THE STREET DESCRIBED AS:
STREET, FROM
STREET, RUNNING (east-west north-south)TO STREET
FOR A DISTANCE OF APPROXIMATELY FEET. ~
NEB: (printed anti signed) 8,ppggg~
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r . IV) Pr- n.l c~ i lD - v x'73
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Filed in Clerk's ®fflce
t1AR 2 9 1999
LORETTA J. DUDA
CITY CLERK, 30. BF IiD. IM.
Contact Perseus
Name:
Address:
1~'
Phone Z ~' R - I q ~ ~
Loretta J. Duda
City Clerk
Room 455, County-City Building
south Bend, Indiana 46601
(219-235-9221)
March 5, 1999
Fred & Deb Voynovich of 3116 S. Main St. and Kathleen & Elizabeth Sagi of 3110 S. Main St., both of
South Bend, are petitioning the City of South Bend to have the alley vacated (closed) as described in the
attached document. The purpose for this alley vacation petition is to eliminate the business traffic from S.
Main St. that uses the West to East alley located between 3110 and 3116 S. Main St. This alley vacation
will only affect the alley entrance from the Main St. side. The other three alley entrances in the 3100 block
of S. Main St. and S. Michigan St., one from Farneman St., one from Michigan St. and the other from
Tasher St., will remain open as before. It is our intent with this vacation to improve the quality of life in
our block. If you have any questions in regards to our petition, please call Fred or Deb Voynovich at (219)
299-1999, after '7:00 PM.
Thank you,
Fred & Deb Voynovich