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Home My WebLink AboutVacation - First alley north of California Ave, from east of Blaine street, - Located at Muessal 1st AdditionORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana November 10. 19 97 Attest: Attest: 8839-97 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana November 12, President of Common Council 19 97 Ciry Clerk Approved and signed by me_ November 12, 19 97 Mayor ORDINANCE N0. J U ~~ ' ~ l AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY ALLEY VACATION THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF CALIFORNIA AVENUE FROM THE EAST RIGHT-OF-WAY OF BLAINE STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY EAST OF BLAINE STREET FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN MUESSAL 1ST ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. See Exhibit A 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 public ways of 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 1. 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 NORTH OF CALIFORNIA AVENUE FROM THE EAST RIGHT-OF-WAY OF BLAINE STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY EAST OF BLAINE STREET FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN MUESSAL 1ST ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. See Exhibit A 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: Key Numbers Name and Address 18-1086-3657 Grace AME Zion Church 1211 Vassar Street South Bend, IN 46616 18-1086-3658 South Bend Community School Corporation 635 S. Main Street South Bend, IN 46601 18-1086-3659 South Bend Community School Corporation 635 S. Main Street South Bend, IN 46601 18-1086-3660 South Bend Community School Corporation 635 S. Main Street South Bend, IN 46601 18-1086-3661 Faith Baptist Church 1002 N. Blaine Street South Bend, IN 46616 18-1085-3549 Carol Sellers 1009 N. Allen Street South Bend, IN 46616 18-1085-3548 Bel Properties Inc. 10840 Pewamo Drive Osceola, IN 46561 1$-1085-3547 Fred & Lisa Binns 1015 N. Allen St. South Bend, IN 46616 18-1085-3546 Faith Baptist Church 1019 N. Allen South Bend, IN 46616 SECTION IV: The purpose of the vacation of the real property is to; The South Bend Community School Corporation is petitioning to have the above- described alley-way vacated in accordance with City ordinance. The alley-way included in this petition is in the area designated by the South Bend Community School Corporation as necessary in support of the construction of the New Muessel Elementary School. The South Bend Community School Corporation has acquired or is in the process of acquiring real property in the area served by the identified streets and alley-ways. The closing of the enumerated street and alley-way will enable the South Bend Community School Corporation to: Provide additional staff and patron parking directly to the east of the New Muessel Elementary School. 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 tst READING /~~~~'~~ PUaLIC HEARING ~ /- /~ - ~7 3rd READ{NG ~~- /(~ - ~7 NOT APPROVED REFERRED !!ll -7 PASSED ~~-~ ~V'~ / Flied in Clerk's Office O C T 2 2 f~97 LORETTAJ. DUDA CITYCLERK, 80. E3END, lN. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee of the Whole, to whom was referred BILL NO. 99-97 A BILL TO VACATE TAE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED A5 THE FIRST EAST-WEST ALLEY NORTH OF CALIFORNIA AVENUE FROM THE EAST RIGHT-OF- WAY OF BLAINE STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY EAST OF BLAINE STREET FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN MUESSAL 1ST ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being sent to the Council with a favorable recommendation. Sean Coleman Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/VALLEYS) TO THE COMMON COUNCIL DATE October 21, 1997 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A: THE ALLEY DESCRIBED AS: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST- WEST ALLEY NORTH OF CALIFORNIA AVENUE FROM THE EAST RIGHT-OF-WAY OF BLAINE STREET TO THE WEST RIGHT-OF-WAY OF THE FIST NORTH-SOUTH ALLEY EAST OF BLAINE STREET FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN MUESSAL 1ST ADDTTTON, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA ALL IN MUESSEL 1ST ADDITION (Insert subdivision name) 8: NAME (printed and signed)ADDRESS Dr. Virginia Calvin 1028 N. Blaine Street Superintendent Contact Person• LOT 99 Name: Jim Jasiewicz Address: 635 S. Main Street South Bend, IN 46601 Phone: (219) 283-8002 Loretta J. Duda City Clerk Room 455, County-City Building South Bend, Indiana 46601 (219-235-9221) FilEd In Clerk's Office Q C T 2 2 1997 LORETTA J. DUDA CITY CLERK, 80. BEND IN. 0 z Q J W W J U ~- 9 4 ,n co ~ M i ~ M 95 ! ~ ~"~ I 96 -3657 97 -3658 98 -3659 99 X34" . 3660 loo -3661 101 -3661 102 -3661 103 -3661 104 -3661 AVE. 83 -3498 82 18- -3499 1084 81 -3500 ~ 80 -3501 79 -3502 ~ . 78 -3546 -3547 Q -3548 -3549 ~ 7s J -3550 ~ 18 1085 CALIFORNIA AVE. ALLEY VACATION THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF CALIFORNIA AVENUE FROM THE EAST RIGHT-OF-WAY OF BLAINE STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY EAST OF BLAINE STREET FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN MUESSAL 1ST ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. BXHIBIT A Filed in Clerk's Office aCT 2 2 8997 LpRETTAJ. DUDA CITY CLERK, 80. BEND, IN. vAssAR 1316 COUNTY-CITY BUILDING $OUTFi BEND, INDIANA 46601-1830 PxoNE219/235-9251 Fax 219/235-9171 TDD 219(235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR POARD OF PUBLIC WORKS November 10, 1997 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 an alley, as follows: The first east-west alley north of California Avenue from the east right-of--way of Blaine Street to the west right-of--way of the first north-south alley east of Blaine Street for a distance of approximately 134 feet and a width of 14 feet. Part located in Muessal 1st Addition, City of South Bend, St. Joseph County, Indiana. 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. 'ncerely, ~ _~ Angela .Jacob, Jerk Attachments JAMES R. CALDWELL M. CATHERINE ROEMER