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Home My WebLink AboutVacation - Alley - first north alley east of Olive Street formt eh north of W. DubailORDINANCE No. LORETTA J. Passed by the Common Council of the Ciry of South Bend, Indiana April 27, Attest: Attest: $908-98 19 98 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana April LORETTA Approved and signed by me Ap r i 1 2 9 , 28, President of Common Council 19 98 /~'.c,tL~ City Clerk 19 98 '~ Mayor ORDINANCE N0. (J I ~ U' 9 AN ORDINANCE TO VACATE TI-IE FOLLOWII~G DESCRIBED PROPERTY: TI•IE ALLEY TO BE VACATED IS DESCRIBED AS TTIE FIRST' NORTTUSOUTH ALLEY EAST OF SOiJTII OLIVE STREET FROM TI3E NORTH RICH"f-OF-WAY OF WE5T DUBAIL STREET TO THE SOUTH RIGHT-OF-WAY OF TTY VACATED PORTION OF TIC ALLEY IN LINE EAST AND WITS"I' OF TIIE SOUT'II PROPERTYI' LINES OF LOT'S 131 AND 88, FOR A DISTANCE OF APPROXIMATELY 240 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN SOUTH BEND INDUSTRIAL ADD., CITY OF SOUTTI BEND, ST'. JOSEPI-I COUNTY, INDIANA. Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate ways or public places within the City. The following Ordinance vacates the above described public property. NOW, TI-IEREFO1tE, BE ff ORDAINED BY THE COMMON COUNCIL OF TT-IE 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: TIIE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTFUSOiJTII ALLEY EAST OF SO[TTH OLIVE STREET FROM TI-~ NORTH RIGHT'-OF-WAY OF WEST DUBAIL STREET TO THE SOUTH RIGHT-OF-WAY OF TI-IE VACATED POR'fIUN OF TIC ALLEY IN LINE EAST AND WEST OF THE SOUTH PROPERTY LINES OF LOTS 131 AND 88, FOR A DISTANCE OF APPROXIMATELY 240 FEET AND A WIDTH OF 14 FEET. PAR`f I,UCA"TED IN SOUT'I-I BEND INDUSTRIAL ADD., CITY OF SOUT~I BEND, ST. JOSEPH COI7NTY, 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 NIJN113ERED: 89, 90, 91, 92, 93, 94, 125, 126, 127, 128, 129, 130. SECTION IV. The purpose of the vacation of the real property is to: To extend the depth of the property listed as Lots numbered 127 and 128, South Bend Industrial Addition. And for all abutting hots to enjoy the same benefit.. 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. 1st P.EADif~G y~~J- / 0 PUBLIC HEARING-1-2~. ~f 3rd READING ~_ 2 ~ . ~ ~/ NOT APPROVED Fated In Cleat's O~flce 1~'~~~ ` ~ ~~~~ LORETTAJ. DUDA CiTYC1ERtC~ ~0. BEND. tt+l. Melri ;; • of the Coinmu ouncil REr'ERRED PASSED (~~2 ~~ 9 ~/ COMMITEE REPORT TO THE COMMON COUNCJL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: 13][LL NO. 40-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH OLIVE STREET FROM THE NORTH RIGHT-OF-WAY OF WEST DUBAIL STREET TO THE SOUTH RIGHT-OF-WAY OF THE VACATED PORTION OF THE ALLEY IN LINE EAST AND WEST OF THE SOUTH PROPERTY LINES OF LOTS 131 AND 88, FOR A DISTANCE OF APPROXIMATELY 240 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN SOUTH BEND INDUSTRIAL ADD., 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 J PgTI't'ION VACAT$ PUB .TC RIGHTS-OF-WAY (STRE$TS/ALLEYS) TO THE COMMON COUNCIL DATE ~ ~~ OF TH8 CITY OF SOUTH BBND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The (lst~~ (~~~~~g/north-south) ALLEY (east~}t~~t~~d~~~ of __s~rTTH ~r,rvF STREET, RUNNING(r~/north~~~ FROM_ DUBArL STREET, FOR A~DISTANCE OF APPROXIMATELY ggg2+ TO: ALL IN SOUTH BEND INDUSTRIAL ADDITION (Insert subds.v sion name) B. THE STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (east-west north-south)TO STREET FOR A DISTANCE OF APPROXIMATELY ~ FEET. ~ NBM~ (printed anti s' ned) ADDRgSS LOT # --_ _ `. ~ ~ .:. Contact Person: ~'~f ~(~ ~- Name: ~ ~ f~1 ~',~5~~-- Address : ~o ~ ~ 3U ~ C UST /Z.1~ S0~ i~-I ~~N] i I~ y~~~y Phone of ~ I -- ~z7~ Loretta J. Duda City Clerk Room 455, County-City Building South Bend, Indiana 46601 (219-235-9221) ~ ?. INDIANA 199 198 197 196 DUBAIL 1941 193, ALLEY VACATION THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH OLIVE STREET FROM THE NORTH RIGHT-OF-WAY OF WEST DUBAIL STREET TO THE SOUTH RIGHT-OF-WAY OF THE VACATED PORTION OF THE ALLEY IN LINE EAST AND WEST OF THE SOUTH PROPERTY LINES OF LOTS 131 AND 88, FOR A DISTANCE OF APPROXIMATELY 240 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN SOUTH BEND INDUSTRIAL ADD., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. •• 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN ,]. LUECKE, MAYOR BOARD OF PUBLIC V V ORKS January 26, 1998 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 R.E: Vacation of an Alley Dear Members of the Council: PHONE 219/235-9251 Fnx 219/235-9171 TDD 219/235-SS67 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: The first north south alley east of South Olive Street from the north right of way of West Dubail street to the south right of way of the vacated portion of the alley in line east and west of the south property lines of Lots 131 and 88, for a distance of approximately 240 feet. For your information, the Board of Public Works 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. It was noted that the property owner of Lots 129 and 130 may have difficulty with access to the rear of his property if this vacation is approved. In addition, although it does not affect the legality of the petition, the adjacent property owners have not signed the petition to vacate. The petitioner who has signed the petition to vacate is in the process of purchasing two of the adjacent lots. Therefore, the Board submits to you a favorable recommendation concerning this vacation. merely, ~ -~ ~ ~~ ~ ge a K acob, Clerl~ Attachments JAMES R. CALDWELL CARL P. LITTRELL, P.E. M. CATHERINE ROEMER