HomeMy WebLinkAboutVacation - Alley - First alley south of Western Ave from the East of South Frances to the west•~ ~ 4
w
•' , ,t ,
ORDINANCE No. aa,~ sa
Passed by the Common Council of the City of South Bend, Indiana.
January 26, 19 ~~
Attest:
LORETTA
/ ~
Attest: ~~-~` v~ ~---
Presented by me to the Mayor of the City of South Bend, Indiana
January 27,
City Clerk
President of Common Council
19 98
City Clerk
Approved and signed by me Januar~~ ~8 - 19 gg
Mayor
• ORDINANCE NO. •~ ~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST EAST-WEST ALLEY SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT-
OF-WAY OF SOUTH FRANCES STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST
NORTH-SOUTH ALLEY EAST OF FRANCES STREET FOR A DISTANCE OF
APPROXIMATELY 105.6 FEET AND A WIDTH OF 14 FEET ALL IN THE PLAT OF
"BECK'S 1ST ADDITION".
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:
THE FIRST EAST-WEST ALLEY SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT-
OF-WAY OF SOUTH FRANCES STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST
NORTH-SOUTH ALLEY EAST OF FRANCES STREET FOR A DISTANCE OF
APPROXIMATELY 105.6 FEET AND A WIDTH OF 14 FEET ALL IN THE PLAT OF
"BECK'S 1ST ADDITION".
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 injuriously or beneficially
affected by such vacating;
LOT 6 AND LOT 11 IN THE PLAT OF "BECK'S 1ST ADDITION".
SECTION IV. The purpose of the vacation of the real property is to:
Provide for the more efficient use of the property located on either
side of said vacated right-of-way.
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 ~-'~~~~ a
PUBLIC HEARING ~-~~ _ y'~
3rd READING ~- ~~ ~!~
NOT APPROVED
REFERRED
PASSED f~ ~b
Filed in Clerk's Office
JAP1 - 7 199a
LOAETTA J. Di1DA
CITYCLERKe SO. BEND.IN.
+ ~ ~
COMMITEE REPORT
TO THE COMMON COUNCII, OF THE CITY OF SOUTH BEND:
Your Commitee of the Whole, to whom was referred:
BILL NO.
• ~ .~ J
6-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST EAST-WEST ALLEY SOUTH OF WESTERN AVENUE
FROM THE EAST RIGHT-OF-WAY OF SOUTH FRANCES STREET
TO THE WEST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH
ALLEY EAST OF FRANCES STREET FOR A DISTANCE OF
APPROXIMATELY 105.6 FEET AND A WIDTH OF 14 FEET ALL IN
THE PLAT OF "BECK'S 1ST ADDITION"
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
• ~ : v-
• PETITION TO VACATE PUBLIC RIGHTS-OF-WAY •
(ALLEY)
TO: THE COMMON COUNCIL DATE: January 5, 1998
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A). THE ALLEY DESCRIBED AS:
THE FIRST EAST-WEST ALLEY SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT-
OF-WAY OF SOUTH FRANCES STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST
NORTH-SOUTH ALLEY EAST OF FRANCES STREET FOR A DISTANCE OF
APPROXIMATELY 105.6 FEET AND A WIDTH OF 14 FEET ALL IN THE PLAT OF
"BECK'S 1ST ADDITION".
NAME (Printed & Signed) ADDRESS LOT #f KEY #
1. HENRY-WILLIAMS INC. 404 S. FRANCES ST. LOT 6
BY: ROBERT HENRY SOUTH BEND, IN. 46617
ROBERT HENRY
2. ROBERT HENRY CORP. 404 S. FRANCES ST. LOT 11
BY: ROBERT HENRY SOUTH BEND, IN. 46617
ROBERT HENRY
CONTACT PERSON'
MICHAEL J. DANCH
PEIRCE & ASSOCIATES, INC.
3231 SUGAR MAPLE COURT
SOUTH BEND, IN. 46628
(2i9) 234-4003
LORETTA J. DUDA
CITY CLERK
ROOM 455, COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601
(219) 235-9221
Filed in Cleric's Office
JAiJ - 7 1993
LORfiTTIi J, DUDS
CITY CLERK, 30. DEFdD, itl.
PROPOSED ALLEY VACATION DIAGRAM
ALLEY VACATION LEGAL DESCRIPTION
THE FIRST EAST-WEST ALLEY SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT-
OF-WAY OF SOUTH FRANCES STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST
NORTH-SOUTH ALLEY EAST OF FRANCES STREET FOR A DISTANCE OF
APPROXIMATELY 105.6 FEET AND A WIDTH OF 14 FEET ALL IN THE PLAT OF
"BECK'S 1ST ADDITION".
~ ~ io o ~
Q ~ ~
V
~~
~'
_>~
30
f~. •o/Gl.oz
~ ~ ~~R
~ h a/
`~.~
~~
,~ 24a'~~
A/ ~ r
~ .o~~ , o
riled in Cie~ic'~ Office
JAi) - 7 1998
~6iiETfA~Jo BECt D.lIJ.
CITY CLERKa
~'T / P7 •O~G401
__.
.~
2316 CbUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTfi BEND STEPHEN J. LUECKE, MAYOK
BOARD OF I~UBLIC ~TORK5
January 26, 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:
n"%F
PxoNE219/235-9251
Fax 219/235-9171
TDD 219/235-5567
d ~~m,.a-, f'i't ~~,..~ r..
JA~~ 2 ~ 199
1~.._-- - ~ .~. cur.9
Gt7YCLxFi;;~ tt.~~?fD,6i:.
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 Western Avenue from the east right of way of South Frances
Street to the west right of way of the first north south alley east of Frances Street for a
distance of approximately 105.6 feet and a width of 14 feet, all in the plat of Beck's 1st
Addition.
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 maybe required.
Therefore, the Board submits to you a favorable recommendation concerning this vacation,
subject to an easement.
Sincerely,
~- . -CL~~
An la K. Jacob Clerk
Attachments
JAMES R. CAI.DWELL
M. CATHERINE ROEMER