HomeMy WebLinkAboutVacation - Alley - First Noth/South Alley East of Fellows Street from the South Right-of-way of E. Dayton Street to the North right-of-way of the first east/west alley south of DaytonORDINANCE No. a~>~
Passed by the Common Council of the City of South Bend, Indiana.
October 12, 19 98
Arrest
Attest: ~~ ~~
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 13,
19 98
City Clerk
Approved and signed by me
October 14,
19 98.
Mayor
ORDINANCE NO . v ~ / ~ ~~~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST NORTH/SOUTH ALLEY EAST OF FELLOWS
STREET FROM THE SOUTH RIGHT-OF-WAY OF E. ~
DAYTON STREET TO THE NORTH RIGHT-OF-WAY OF THE
FIRST EAST/WEST ALLEY SOUTH OF E. DAYTON
STREET FOR A DISTANCE OF APPROXIMATELY 120
FEET AND A WIDTH OF 14 FEET. PART LOCATED IN
STUDEBAKER'S SECOND 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 FIRST NORTH/SOUTH ALLEY EAST OF FELLOWS STREET FROM
THE SOUTH RIGHT-OF-WAY OF E. DAYTON STREET TO THE NORTH
RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY SOUTH OF E.
DAYTON STREET FOR A DISTANCE OF APPROXIMATELY 120 FEET
AND A WIDTH OF 14 FEET. PART LOCATED IN STUDEBAKER' S
SECOND 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:
LOTS #114 AND 115 - STUDEBAKER'S 2ND ADD.
SECTION IV. The purpose of the vacation of the real property
is to make a green area and allow entry to both property owners on
the above lots.
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
Member of the Common Council
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LOA~TT:3J. [3UD~
CITY CLEIt'ts, :aJ. ?'=i:J, Its.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was refereed:
BILL NO.
76-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST NORTH/SOUTH ALLEY EAST OF FELLOWS STREET
FROM THE SOUTH RIGHT-OF-WAY OF E. DAYTON STREET TO
THE NORTH RIGHT-OF-WAY OF THE FIRST EAST/WEST
ALLEY SOUTH OF E. DAYTON STREET FOR A DISTANCE OF
APPROXIMATELY 120 FEET AND A WIDTH OF 14 FEET.
PART LOCATED IN STUDEBAKER'S SECOND ADDITION, CITY
OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommended to the Council favorably.
John Broden
Chairman
Petition to vacate Public Rights-of--ways
Alley
To the common council Date
Of the City Of South Bend, indiana
We, the undersigned Property owner, Petition you to vacate:
A. The Alley Described as:
The h`. N/S Alley East of Fellows from So. R/W of Dayton to the
No. RNV of 1~`. Alley So. Of Dayton.
To Between Lots 114 and 115
All in Studebaker 2nd add.
B.The street described as
-street, from
Street, running (eastlwestlnorth/south) to,
For a distance of Approximately
Name Printed and signed Address Lot#
v ~~~ ~. M~ J~ ~~8 ~ ia~ i~
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Contact Person:
Name: ~~~~~ ~ ~~2~ ~ ~ ( /11 l1(' C ~~ ~ 7~
Address:
Phone: Z ~ - ! 7 7 3
Loretta. J. Duda
City Clerk
Room 455, County -City Building . ~~_ ~~~_~____~,__
South Bend, Indiana 46601 ~-i~~~ ~6E ~„~~~''s~ ~. ~,;;~~ _ ..
(219-235-9221) ...~,.~___.__.~~.._~.,
BUG 1 9 1°9~
-feet.
street
STU E A . ~
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109 108 107 105
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~ 110 111
N 112
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113 114
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104 03 102 101 100 ~ 9 9
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`` DAYTON
14'
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ALLEY VACATIOI3
/ -1947
18-7051
The alley to be vacated is described as the first north/south alley
east of Fellows street from the south right-of-way of E. Dayton
Street to the north right-of-way of the first east/west alley south
of E. Dayton Street for a distance of approximately 120 feet and a
width of 14 feet. Part located in Studebaker's Second Addition,
City of South Bend, St. Joseph County, Indiana.
AUG 1 9 1gQII
.~
1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN ,J. LUECKE, IVIAYOR
BOARD OF PUBLIC WORKS
October 9, 1998
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Vacation of an Alley
Dear Members of the Council:
PHONE 219/235-9251
Fnx 219/235-9171
TDD 219/235-5567
In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted
to the Common Council concerning the Vacation of an alley, as follows:
First north south alley east of Fellows Street from the south right of way of East Dayton Street to the
north right of way of the first east west alley south of East Dayton Street for a distance of approximately
120 feet and a width of 14 feet. Part located in Studebaker's Second Addition, City of South Bend, St.
Joseph County, Indiana.
For your information, the Board of Public Worts received favorable recommendations from the Fire
Department, Bureau of Sanitation, 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, and an ingress/egress easement by both adjacent property owners.
Therefore, the Board submits to you a favorable recommendation concerning this vacation, subject
to an easement.
incerely,
r
Ange1~I~. Jacob, Cle
Attachments
,JAMES R. CALDWELL LEWIS N. POWELL, P.E. M. CATHERINE ROEMER