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Home My WebLink AboutVacation - part of the east half of the northeast quarter of section 12, township 37 north range 2 east. The first alley north of east Wayne St. .w ORDINANCE No. 09,,.90 Passed by the Common Council of the City of South Bend, Indiana June 22, 19 ~_ Attest: Attest: ~~-~~-- ~~, City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 23, 3une 24, City Clerk Approved and signed by me 19 98 19 98 Mayor ORDINANCE N0. ~ ~ ~ ~~ ~ U AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE 1ST EAST/WEST ALLEY NORTH OF EAST WAYNE STREET FROM THE WEST RIGHT-OF- WAY OF SOUTH NOTRE DAME AVENUE TO THE EAST RIGHT-OF-WAY OF THE 1ST NORTH/SOUTH ALLEY WEST OF SOUTH NOTRE DAME AVENUE FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN COTTRELL'S 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 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: A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE 1ST EAST/WEST ALLEY NORTH OF EAST WAYNE STREET FROM THE WEST RIGHT-OF- WAY OF SOUTH NOTRE DAME AVENUE TO THE EAST RIGHT-OF WAY OF THE 1ST NORTH/SOUTH ALLEY WEST OF SOUTH NOTRE DAME AVENUE FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN COTTRELL'S 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 maybe injuriously or beneficially affected by such vacating: Lots 332 and 333. SECTION IV. The purpose of the vacation of the real property is to: provide land for a private drive and parking area for a historic office/house that will be moved to Lot 332. 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 READING ~-S; ~U'~~ PUaLK HEARING 3rd READWG~~~~,~~ NOT APPROVED REFERRED G PASSED lo~~~' 10 'filed in ~lerlt'~ Offa~~ ,t U ~d - 3 199a LORcTTA J. Di1DPa CITY CL@A41, ~. DEhD, ltJ. Member of the Common Council COMMITEE REPORT TO THE COMMON COUNCII, OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 49-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE 1ST EAST/WEST ALLEY NORTH OF EAST WAYNE STREET FROM THE WEST RIGHT-OF- WAY OF SOUTH NOTRE DAME AVENUE TO THE EAST RIGHT- OF-WAY OF THE 1ST NORTH/SOUTH ALLEY WEST OF SOUTH NOTRE DAME AVENUE FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN COTTRELL'S 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 ,f PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS i ALLEYS) TO THE COMMON COUNCIL DATE MAY 21,1998 OF THE-CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: THE 1ST EAST/WEST ALLEY NORTH OF EAST WAYNE STREET FROM THE WEST RIGHT-OF-WAY OF SOUTH NOTRE DAME AVENUE TO THE EAST RIGHT-OF-WAY OF THE 1 ST NORTH/SOUTH ALLEY WEST OF SOUTH NOTRE DAME AVENUE FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN COTTRELL'S ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. B. THE STREET DESCRIBED AS: N/A NAME (printed and signed) ADDRESS Kendall -Weiss, LLP 828 E. Jefferson Blvd. David Weiss, Vice President South Bend, IN 46617 Cook, Jess N. 219 S. Notre Dame Ave. South Bend, IN 46617 Contact Person: LOT # Southeast part of Lot 332 or tax key parcel 18-6003-0068 North half of Lot Lot 333 or tax key parcel 18-6003-0069 Name: Stephen D. Rudisell, A.I.C.P. Address: Abonmarche Consultants, Inc. 1711 E. McKinley Ave. Mishawaka. IN 46545 Phone: (219) 255-8700 Loretta J. Duda City Clerk Room 455, County-City Building South Bend, Indiana 46601 (219-235-9221) Fiied in Clergy's ®ffi~;~ JUti - 3 199 LOA~TTA J. DUDIa CfTY CLEAtt, SO. DEF2D, ttl. MAR 20 '98 09~29AM DEPT OF PUBLIC WORKS P•2i2 317 323 •~ •• JEFFERSON BLVD. 3 4 18 6 18-6007 -0052 -0052 -0053 -0055 2 -0056 ~ s o- ~ 0 ~ -0057 - 057 ~ . ~ - 0058 W -0059 -OObO ~GjO Q ! G 0061 LLl ~ S O O o ~ ~ Z WA YN E ST. ALLEY VACATION THE ALLEY TO BE VACATED IS DESCRIBED AS THE 1ST EAST/WEST ALLEY NORTH OF EAST WAYNE STREET FROM THE WEST RIGHT-OF-WAY OF SOUTH NOTRE DAME AVENUE TO THE EAST RIGHT-OF-WAY OF THE 1ST NORTH/SOUTH ALLEY WEST OF SOUTH NOTRE DAME AVENUE FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN COTTRELL'S ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ~ s ®f~iCe ~118C1161 Cler~c JGt~ - 3 199 LORcT~AJ. QUDla CITY CLEAtt, `;0• t3ElID, Itb. 03 330 -0065 -0062 331 -0064 1 ~ - oose ~ C) -0069 -0070 --0071 ~ c -0074 0 0 o I ~ 3 5 _0075 -0052 -0052 - 0052 ~ -0052 -0052 6 JESS N. & WANDA SUE COOK JILL 3. MYERS JES5 N. COOK 219 S. NOTRE DAME AVENUE P. O. BOX 793 219 S NOTRE DAME AVENUE SOUTH BEND, IN 46617 SOUTH BEND, IN 46624 SOUTH BEND, IN 46617 PATRICK D. & JII,L J. MYERS P. O. BOX 793 SOUTH BEND, IN 46624 MERCEDES A. DEPOY REVOC. TRU5T 1023 E. MADISON STREET SOUTH BEND, IN 46617 EDWARD L. & LAURA L. SMITH 1333 E. WAYNE SOUTH SOUTH BEND, IN 46615 ROSEMARY MAJESKI 54756 BONNETHII.L TRAII. MISHAWAKA, IN 46544 DAVID A. & CATHERINE SMITH 805 S. 25TH STREET SOUTH BEND, IN 46615 MOORS & MOORS PROPERTIES, LLC 2905 MISHAWAKA AVENUE SOUTH BEND, IN 46615 CALVIN D. & GAYS L. JOHNSON 808 - 814 E. JEFFERSON SOUTH BEND, IN 46617 BLAKE HOCHSTETLER 809 E. WAYNE STREET SOUTH BEND, IN 46601 LOWELL L. & ELEANOR YARIAN C/O LEONARD DOBOSIEWICZ LAKEVILLE, IN 46536 CALVIN D. & GAYS L. JOHNSON 808 - 814 E. JEFFERSON SOUTH BEND, IN 46617 JACK M. & BERNADETTE WRIGHT 904 E. JEFFERSON SOUTH BEND, IN 46617 LAWTON KRUGGEL & COMPANY, LLC BENJAMIN F. & JEAN THOMPSON 210 S. MICHIGAN STREET 228 S. NOTRE DAME SUITE 200 SOUTH BEND, IN 46617 SOUTH BEND, IN 46601 ALCOHOLISM COUNCIL, INC. 818 E. JEFFERSON BLVD. SOUTH BEND, IN 46617 MICHAEL L. & MARY K. PATTEN 226 S. ST. PETER STREET SOUTH BEND, IN 46617 ALAN B. NEIGHBOR 216 ST. PETER SOUTH BEND, IN 46617 RICHARD C. & DONNA G. GEHRING 1124 SUNNYMEDE AVENUE SOUTH BEND, IN 46615 B & C LTD PARTNERSHIP 914 E. JEFFERSON BLVD. SOUTH BEND, IN 46601 €~ited in Ctertc's ~ffic~ JUE~ - 3 199 LORETfA J. DUDf~ CITY CLER1:, 50.6E12D, IN. GILMORE RESIDENTIAL REAL ESTATE 1305 SUNNYMEDE AVENUE SOUTH BEND, IN 46615 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LLJECKE, MAYOR POARD OF PUBLIC Vii ORK$ June 22, 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: PxoNE219/235-9251 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: The first east west ally north of East Wayne Street from the west right of way of South Notre Dame Avenue to the east right of way of the first north south alley west of South Notre Dame Avenue for a distance of approximately 165 feet and a width of 14 feet. Part located in Cottrell's Addition, City of South Bend, St. Joseph County, Indiana. Mr. Caldwell advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Police Department, Fire Department, Area Plan Commission, Division of Engineering, Bureau of Sanitation and Department of Economic Development, subject to any utility easements. Area Plan has stated that it will be necessary for the adjacent property owners to grant each other access easements so that they can have access over the half of the vacated alley that they do not own. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, ~-~-e~ Angela _ Jacob, Clerk Attachments JAMES R. CALDWELL CARL P. LITTRELL, P.E. M. CATHERINE ROEMER