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Home My WebLink AboutVacation - Alley - west of Fellows Street , east of South St. - Part located in Jodon's Sub~• ~ ~ ~r ORDINANCE No. 0a~-9a Passed by the Common Council of the City of South Bend, Indiana February 9, 98 19 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana City Clerk President of Common Council February 10, 19 98 City Clerk Approved and signed by me February 10 , 19 9~ Mayor ti. ORDINANCE NO. U ~ (~~ - ~D AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FlRST NORTH-SOUTH ALLEY WEST OF FELLOWS STREET FROM THE SOUTH RIGHT-OF-WAY OF EAST SOUTH STREET TO THE NORTH RIGHT-OF-WAY OF THE FlRST EAST-WEST ALLEY SOUTH OF EAST SOUTH STREET FOR A DISTANCE OFAPPROXIMATELY 99 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN JODON'S SUB., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA -------------------------------- STATEMENT OF PURPOSE AND INTENT ------------------------------------ Pursuant to Indiana Code Section 36-7-3-1 2, the Common Council i s 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 I T ORDAINED BY THE COMMON COUNCIL OF THE 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: THEALLEYTO BE VACATED IS DESCRIBED AS THE FlRST NORTH-SOUTHALLEY WEST OF FELLOWS STREET FROM THE SOUTH RIGHT-OF-WAY OF EAST SOUTH STREET TO THE NORTH RIGHT-OF-WAY OF THE FlRSTEAST-WEST ALLEY SOUTH OF EAST SOUTH STREET FOR A DISTANCE OFAPPROX/MATELY 99 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN JODON'S SUB., 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: LOTS 3 AND 4 • S~ Section. -V_ The purpose of the vaoation of the real property is to: Permit the combination of our two fats to allow for the design of a side yard and garden. Section V_ This ordinance shall be In full fgrce and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council 1st READING ~' ~~ ~ U PUBLIC HEARING ~ ~ y- 3 rd READING ~ , y _ 9~ NOT APPROVED EFERRED P ~SSED ,~2 - 9 - ~ ~' y~~ ~~p} ff. j ~,~q .~...~~, . 1 ..~ JAF! 2 ~. i99~ ~~.- COMMITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 12-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FELLOWS STREET FROM THE SOUTH RIGHT-OF-WAY OF EAST SOUTH STREET TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST-WEST ALLEY SOUTH OF EAST SOUTH STREET FOR A DISTANCE OF APPROXIMATELY 99 FEET AND A WIDTH OF 10 FEET, PART LOCATED IN JODON'S SUB., 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 1 8-30 7 - - ~- - - 2 -1021 _ _ _ _ -1007 - - - -1021 1 1 -1010 s -1011 -- -- 3 -~._-- -1021 - 021 - 11 2 ~ -1017 1 -1018 I 41 (--- 1016 E . SOUTH ST . I I I I °~ t I I to I I ,~ I oo I-~- I 213 rn l rn I rn I I ~ I ° loo Q ~ _ ~ m O J ~ J ~ W J ~ O U BRONSON ST. ALLEY VACATION THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FELLOWS STREET FROM THE SOUTH RIGHT-OF-WAY OF EAST SOUTH STREET TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST-WEST ALLEY SOUTH OF EAST SOUTH STREET FOR A DISTANCE OF APPROXIMATELY 99 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN JODON'S SUB., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ~. ~ll~t~ m6~ ~~~~•4,' ®~~i~~ p .~ ~ JAPE 2 ~ 1998 CITY CL~I9i.,. ~,'i~. ~?"S<n', Ie 1, a~. , ~ .. _ _ _..~ _ - 47 --11-- -0948 - 1 2-- -0950 1 30952 14 -0954 I 1 50957 o ~ I rni rnl °'o o l ~ o ° I °I ° ~ ' ,o• I I 1 2 3 4 5 6 10 -0958 •~ 9 -0960 a -0962 -0964 6 -0966 „0„ 1 ~_ A-0961 3 -0963 -0965 4 -096 pgTImION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THB COMMON COUNCIL DATB_ ~~~~~ ~/ / 19~ OF TH8 CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The (1st/} ( /north-south) ALLEY (-west/ of ~ ~.L L o y~(,5 STREET, RUNNING( /north-south) FROM ~c9 c.,~ ~-- ~--F STREBT, FOR A ~ DISTANCE OF APPROXIMATELY q ~- FEET TO: ~~~ ~ ~ /z/C;~'T~o~- -GJ~I-~ o~ T~fC ~~/~sT L7~s7= w~'ST ~-~L~,L ALL IN c~f name /~ THE STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (east-west north-south)TO STREET, FOR A DISTANCE OF APPROXIMATELY ~ FEET. NBA (printed and signed) ADDRESS LOT # 1 ~'~~~ ,L R~^/~-fU/~/I, T U ~/L~ ~~/~ C~~=-aLc~ .S~i~~ ~~Q ,:. Contact Person: Name : ,/_ `_Itrr< ~ ~ • T U'~1 ~ Address : ~/(o C~ f S,nc, f ~ .S~v e ~f ~~,~~, ~l s~~~o/ Phone _ o?/~/~3,z-1~0 `~~ Loretta J. Duda City Clerk Room 455, County-City Building South Bend, Indiana 46601 (219-235; 9221) JAPE 2 c~ 19~~ ~~. M.R. Troyer, D.C. 'w> 416 East. South Street South Bend, Indiana 46601 219/232-6047 Common Council January 19, 1998 City of South Bend County City .Building, South.Bend, IN 4fifi01 Dear Council Members: Please find enclosed our petition to vacate the alley between. our house and side- yard. After living here over three years, we have reluctantly come to realize .the need to close this alley. There are many reasons that make this necessary. This alley is barely 30 inches from our house. Cars travel past our house, down the alley, at .high rates of speed. The possibility of someone losing control of their car and crashing into our house is quite real. Furthermore, this alley separates our house and side yard which we would very much like to combine- for the safety and enjoyment of our property. There are no other residents along this section of the alley. We have expended a significant amount of time, effort and money to upgrade our property. We feel that vacating this alley will improve it even more. Thank you for your consideration. Sincerely, ~~ ~~'o~L~ ~~. M.R. Troyer, D.C. J~~~ 2 ~. 199 ~~.~iWs~°:a: ~:E~;~:~ ~..-...~..._r,...,.. _ ._T.._._, 1316 COUNTY-CITY BUILDING SOUTH BLVD, INDIANA 46601-1830 PHONE 219/235-9251 Fnx 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR POARD OF PUBLIC CORKS February 9, 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: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the Vacation of a Street, as follows: The first north south alley west of Fellows Street from the south right of way of East South Street to the north right of way to the first east •west alley south of East South Street for a distance of approximately 99 feet and a width of 10 feet. Part located in Jodon's Sub, 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. Si erely, 1 ~; An ela Jacob, Cler g Attachments JAMES R. CALDWELL M. CATHERINE ROEMER