HomeMy WebLinkAboutVacation - Alley - Sample Street, Webster, In Arnold & Webster's Sub of Bank Outlot 103ORDINANCE No. a~~ sa
Passed by the Common Councit of the City of South Bend, Indiana
October 26, 19 98
Arrest:
Arrest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
October 27,
President of Common Council
19 98
City Clerk
Approved and signed by me October 28, 19 98
Mayor
ORDINANCE N0.
894E-9S
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST EAST/WEST ALLEY NORTH OF WEST SAMPLE
STREET FROM THE EAST RIGHT-OF-WAY OF WEBSTER
STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST
NORTH/SOUTH ALLEY EAST OF WEBSTER STREET FOR A
DISTANCE OF APPROXIMATELY 144 FEET AND A WIDTH
OF 12 FEET. PART LOCATED IN ARNOLD &
WEBSTER'S SUB. OF BANK OUTLOT 103, 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 NORTH OF WEST SAMPLE STREET
FROM THE EAST RIGHT-OF-WAY OF WEBSTER STREET TO THE WEST
RIGHT-OF-WAY OF THE FIRST NORTH/SOUTH ALLEY EAST OF
WEBSTER STREET FOR A DISTANCE OF APPROXIMATELY 144 FEET
AND A WIDTH OF 12 FEET. PART LOCATED IN ARNOLD &
WEBSTER'S SUB. OF BANK OUTLOT 103, 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. 36, 43, 44 AND 45
SECTION IV. The purpose of the vacation of the real property
is to eliminate excessive speeding traffic through the alley and
to stop the damage to property caused by vehicles and heavy
equipment.
SECTION V. This ordinance shall be in full force and effect
from and after its passage by th= i~~ Counci~ a `proval by
the Mayor. ~
r olE the Common Council
1 st READING ~'~ 7'~ d
PUBLIC HEARING /Q~Z~o~9b
3rd READING ~Q-~ -9g'
NOT APPROVED
P.t;EERRED
`SED ~Q-2~o-GI8
u=it~~ its ~i~r~~'s v~~d~;~_
AUG 1 S 199
Ll3e c`TTt1 J. DUDA
CRYCiERN, ~J.~icfTJ, t"f.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
69-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST EAST/WEST ALLEY NORTH OF WEST SAMPLE
STREET FROM THE EAST RIGHT-OF-WAY OF WEBSTER
STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST
NORTH/SOUTH ALLEY EAST OF WEBSTER STREET FOR A
DISTANCE OF APPROXIMATELY 144 FEET AND A WIDTH OF
12 FEET. PART LOCATED IN ARNOLD & WEBSTER'S SUB.
OF BANK OUTLOT 103, 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.
Charlotte Pfeifer
Chairman
1. I . ~:
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31 132 133
2 41 4
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SAMPLE
ALLEY VACATION
J
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The alley to be vacated is described as the first east/west alley
north of west Sample Street from the east right-of-way of Webster
Street to the west right-of-way of the first north/south alley east
of Webster Street for a distance of approximately I44 feet and a
width of 12 feet. Part located in Arnold & Webster's Sub. Of Bank
Outlot 103, City of South Bend, St. Joseph County, Indiana.
iu1s~S~~ E1~ ~,lOS~6 t.b~ ~~~5~~-•~~
i
AUG 1 3 1998
6.'V Ph f..S l.~i a}. L~S~N
PETITION TO VACA'T'E PUB .TC` RIGHTS-OF-WAY
(STREETS/ALLBYS)
TO THE COMMON COUNCIL DATE U~10'lU
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The (1st/2nd) east-westinorth-south) ALLEY east-west/ orth-sout of
l.UEST ~Sl~m(~~: STREET, RUNNING east-wes north-south)
~ F ~~ ~ gs~ STREET, R A ~ DISTANCE OF
APPROXIMATELY __ 4y FEST
T0:
ALL IN f1 ~N UL.D ~- (.c~~ /~,sr~2 S S U 8 . Q F
(Insert subdiv sa.on name)
B . THE STET D$~F~IBSD
~. OUiZai /0 3
STREET, FROM
STREET, RUNNING (east-west north-south)TO STREET
FOR A DISTANCE OF APPROXIMATELY ~ FEET. ~
I98~ (printed anti signed) ADDRESS T.nm ~
.~
~U~lA ~11CN AL.~~ ~ -
Contact Person:
Name: ~~ USIA - ~ I ~cN~1LA~.
Address: l~ ~ I (,t.) . S~ rn pLC-, S T
sa u~ ~~N ~ , ~ ~ ~~~ ~ g
Phone ~$ ~ ' ~ g/~
Loretta J. Duda
City Clerk
Room 455, County-City Building
South Bend, Indiana 46601
(219-235-9221)
AUG 1 ~ 199
~o r~rt,~ a. cv~H
M1
1316 COUNTY-CITY BUILDING
SouTII BEND INDIaNa 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE~ IVIAYOR
BOARD OF PUBLIC WORKS
September 14, 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
Fax 219/235-9171
TDD 219/235-5567
In accordance with Municipal Code Section 18-53.8, an unfavorable recommendation is being
submitted to the Common Council concerning the Vacation of an Alley, as follows:
First east west alley north of West Sample Street from the east right of way of Webster Street to the west
right of way of the first north south alley east of Webster Street for distance of approximately 144 feet
and a width of 12 feet. Part located in Arnold and Webster's Sub. of Bank Outlot 103, City of South
Bend, St.Joseph county, Indiana.
Mr. Caldwell advised that the Board is in receipt of unfavorable recommendations concerning this
Vacation Petition from the Area Plan Commission, Bureau of Sanitation, Department of Economic Development
and the Department of Public Works. This alley is an access to two private garages. The vacation of this alley
will affect the access to interior garages on this block. Not all of the property owners adjacent to and gaining
access from this alley have signed the petition to vacate. Therefore, Mr. Caldwell made a motion that the Board
send an unfavorable recommendation to the Common Council concerning this Vacation Petition. Ms. Roemer
seconded the motion which carried.
Therefore, the Board submits to you an unfavorable recommendation concerning this vacation.
S' cer ly,
Angela K. J ob, Clerk
Attachments
JAMES R. CALDWELL LEWIS N. POWELL, P.E. M. CATHERINE ROEMER