The URL can be used to link to this page

Home My WebLink AboutVacation - alley - first alley south of S. Prairie Ave from S. Swygart Ave.. .~ ORDINANCE No. 8923-sa Passed by the Common Council of the City of South Bend, Indiana July 27, 19 ~_ Attest: Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana President of Common Council July 28, 19 98 City Clerk Approved and signed by me July 2 9th 19 9 8 . Mayor ORDINANCE NO. () I ~~~ I U AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The alley to be vacated is described as the first East- West Alley South of S. Prairie Avenue from the West right-of-way line of the S. Swygart Avenue. to the East right-of-way line of the first North-South alley West of S. Swygart Avenue for a distance of approximately 128 feet and a width of approximately 13.2 feet. Part situated in Perkin's Subdivision (Unrecorded) in the City of South Bend, St. Joseph County, Indiana. For neighborhood improvement 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 C014MON 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 South of S. Prairie Avenue from the West right-of-way line of the S. Swygart Avenue to the East right-of-way line of the first North-South alley West of S. Swygart Avenue for a distance of approximately 128 feet and a width of approximately 13.2 feet. Part situated in Perkin's Subdivision (Unrecorded) in the 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 that rights and easements of all utilities and the R4unicipal 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: Beneficially - 1802 Prairie Ave. and 1819 Swygart St. Injuriously - None SECTION IV. The purpose of the vacation of the real property is to improve the neighborhood. 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. Member of the Common Council 1st READING ~~~~.gg PUBLIC HEARING 7 ~7_~g 3 rd READING -]_ ~7 _ 9 NOT APPROVED F.EfERRED PASSED 7_ ~7_ 9 ~-filed [~ ~ieri~'~ ®fiit; ,_._....., ,~.m_ JUi~ - 4 i~9a I'! LOS :.'TT14 J. ®UDli CITYCLEAl,, O.E3ri1D,l:1, COMMITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 52-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY SOUTH OF S. PRAIRIE AVENUE FROM THE WEST RIGHT-OF-WAY LINE OF S. SWYGART AVENUE TO THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH- SOUTH ALLEY WEST OF S. SWYGART AVENUE FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 13.2 FEET. PART SITUATED IN PERKIN'S SUBDIVISION (UNRECORDED) IN THE 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 ~~~r ~.r~.~ ~a~z ~~~~ ~ro~ ~F ~LL~~ T0: South Bend Common Council County-City Building South Bend, Indiana 46601 IN RE: Ralph ]4t. Layne Sr. and Reba Lee Layne - Vacation of Alleys Petitioner says: 1. That he is the attorney of record for Ralph M. Layne Sr. and Reba Lee Layne, the Petitioners herein who are the owners of property located at 1$02 Prairie Avenue, South Bend, Indiana, 46612. 2. The Petitioners, the owners of fifty percent (50%) of the adjoining property, Petition you to vacate the following alley: The alley to be vacated is described as the first East- 4Uest Alley South of S. Prairie Avenue from the West right-of-way Line of the S. Swygart Avenue to the East right-of-way line of the first North-South alley West of S. Swygart Avenue for a distance of approximately 128 feet and a width of approximately 13.2 feet. Part situated in Perkin's Subdivision (Unrecorded) in the City of South Bend, St. Joseph County, Indiana. 3. Accompanying this Petition are the following: a. A check in the amount of One Hundred Fifty Dollars (5150) to cover the costs of advertising and recording. b. A list of all property owners within one hundred fifty feet (150') of the proposed vacated alley together jvith two sets of certified, stamped and addressed envelopes for each property owner. 4. The reason for the proposed vacation is that the alley has been abandoned, has become an eyesore, and depreciates the value of all property in the neighborhood. WHEREFORE, Petitioners pray for the vacation of the above described alley and for aII other proper relief. RESPECTFULLY SUBMITTED: DENNIS M. BRENNAN 3613-71 Attorney for Petitioners BRENNAN & BRENNAN, P.C., LAWYERS 215 W. Marion Street South Bend, IN 46601 219/234-5067 CONTACT PERSON: Dennis M. Brennan Brennan & Brennan, P.C., Lawyers 215 W. Marion Street South Bend, IN 46601 219/234-5067 Ralph M. ayne Sr. r~ ~ ~~~ Reba Lee Layne ~ile~ i~ ~~~~~~°~ ~ffic~. E J G t~ - ~ 199a ~t~o~~n~~~ a: r~~~~a: C11 ~ CL~~YaVr .CJC. ~~.~~.'~r'T~. : Alley Vacation The alley to be vacated is described as the first east-west alley south of S. Prairie Ave. from the west right-of--way line of S. Swygart Ave. to the east right-of--way line of the first north-south alley west of S. Swygart Ave. for a distance of approximately 128 feet and a width of approximately 13.2 feet. Part situated in Perkin's Subdivision (Unrecorded) in the City of South Bend, St. Joseph County, Indiana. ~=ilet~ f 67 ~i~~°&~~~ Offt~ JUt~ - ~ 1Q~~ ~.~ LOR~iT~ J. DUr?t: CITYCLEiiK,SO.E3EFFD,It; ~ 55 d 5 AR S 15 2g l' 6 5 Is ze 3 n z7 ~ W 18 ~ ~ 26 9 6 7 6 ~ 33 7, ~ 19 J a y 3 W H o 3 20 3 12 ~ _ 1 2 3 , Vl Sf \ Q72 P1R ~ 3s A 1, 13 P~ 3a J!g• ~.~ 5 7p O • 2 1~ Q`O~ ~ 6 69 ~ 3 J R :::'33 .:;: Q 7 ce r- 61 (n ~ } g 67 CALVERT N ST. D E ~. 9 66 33 3a 36 37 E ` lp N 65 B G II 6a Q 3D ~ D 12 O 63 39 g 37 ~Q. 13 62 1316 COUNTY-CITY BUILDING SOUTH $END~ INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS July 13, 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 Fax 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 alley south of S. Prairie Avenue from the west right of way line of the S. Swygart Avenue to the east right of way line of the first north south alley west of S. Swygart Avenue for a distance of approximately 128 feet and a width of approximately 13.2 feet. Part situated in Perkin's Subdivision & Unrecorded in the 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. Therefore, the Board submits to you a favorable recommendation concerning this vacation. S' erely, ~ r ,~~.~ ~~ Angela ~ Jaco Clerk Attachments JAMES R. CALDWELL LEWIS N. POWELL~ P.E. M. CATHERINE ROEMER