HomeMy WebLinkAboutVacation - Alley - first east/west alley north of Huron, south of Walnut Street, - part located in Harris 2nd Sub of pt Bank outlot 97
ORDINANCE No. 80,99,
Passed by the Common Council of the City of South Bend, Indiana,
August 25. 19 97
Attest:
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
President of Common Council
August 26, Ig 97
City Clerk
Approved and signed by me August 27, 19 97
Mayor
ORDINANCE NO. ggl9 - ~~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY
THE FIRST EAST-WEST ALLEY NORTH OF HURON STREET
FROM THE WEST RIGHT-OF-WAY OF SOUTH WALNUT STREET
TO THE EAST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY
WEST OF SOUTH WALNUT STREET, A DISTANCE OF APPROXIMATELY
136 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN HARRIS'
2ND SUB. OF PT. BANK OUTLOT 97
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 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 NORTH OF HURON STREET FROM THE
WEST RIGHT-OF-WAY OF SOUTH WALNUT STREET TO THE EAST
RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY WEST OF SOUTH
WALNUT STREET, A DISTANCE OF APPROXIMATELY 136 FEET AND
A WIDTH OF 10 FEET. PART LOCATED IN HARRIS' 2ND SUB. OF
PT. BANK OUTLOT 97
hereby determines that it is desirable to vacate said property,
subject to an Easement Agreement which shall be recorded by the
petitioner with a copy being filed with the City Clerk.
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:
Lot #15 (Key #18-3081-3252)
Lot #14 (Key #18-3081-3250)
SECTION IV. The purpose of the vacation of the real property
is to:
To prevent vehicles from using the alley at a
high rate of speed and throwing bottles and to
prevent pedestrians from using the alley to
dump trash and using drugs. Also, to prevent
high speed auto chases and shootings in the
alley which may cause personal injury to
residents.
SECTION V.
from and after
the Mayor.
1st READING D ' ~I ~ q
PU3LIC HEARWG S'~S ~~
3rd READING 8'25' 97
;~!OT APPROVED.
";ERRED
PASSED ~! ~~ -~
This ordinance shall be in full force and effect
its passage by the Common Council and approval by
Member of the
1 ~ llti:it !4s +l.el~in~,~r QT-sl~~.
J U L 2 8 8991
LO~~TfAd. DUD'.
C(TY CL Fl,, Sta. t?Et1I7, f"'
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND:
Your Committee
to whom was referred
BILL NO.
75-97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST EAST-WEST ALLEY NORTH OF HURON STREET FROM THE WEST
RIGHT-OF-WAY OF SOUTH WALNUT STREET TO THE EAST RIGHT-OF-
WAY OF THE FIRST NORTH-SOUTH ALLEY WEST OF SOUTH WALNUT
STREET, A DISTANCE OF APPROXIMATELY 136 FEET AND A WIDTH
OF 10 FEET. PART LOCATED IN HARRIS' 2ND SUB. OF PT. BANK
OUTLOT 97
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/ALLEYS)
TO THE COMMON COUNCIL DATB ~~ ~' /~
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The ( st 2nd) ( ast-wes'/north-south) ALLEY (east-west/ orth south) of
U STREET, RUNNING east es north-south)
FROM STREET, FOR A DISTANCE OF
APPROXIMATELY FEET
TO:
ALL IN ~1~~~5 ~I~.~ J U~ ~~ ~T` /j~/y~ Q~/!~(./T_ / /
(Insert subdivision name)
B. THE STREET DESCRIBED AS:
STREET, FROM
STREET, RUNNING (east-west north-south)TO STREET,
FOR A DISTANCE OF APPROXIMATELY FEET.
(printed and signed) ADDRESS LOT #
Contact Person:
Name: ~ y! y 1 l7 ~~ IwUI ~ ~( SU l V
Address: "Z`'t~ S~ • ~•{~~~ U /
So~~ ~~~ lIV
Phone o~-DO ~~~ ~~
Loretta J. Duda
City Clerk
Room 455, County='City Building
South Bend, Indiana 46601 _
(219-235-9221)
Fii~~ in Gl~riti'~ C~~~i~~:
J U L 2 8 1997
LD'i~T'-h J. Di1Dh _._._
C! i S' CL~ A7:, ~O. F3EPdB'. it.
••• /~ 3081
I ~ ~•
~
~
~ ~ ~-J ~
3 4
27 x--324
-3214 -3244
35
~
• 28 Q
321 6 -3246 -324
(n
29~ asp,
-3248
0 36
~ 3249
21 ~~
~ ~
~ 10 1 4-3250
136 ~ ~ Z 37
-aC - 2 5 1
- 3
. -3220
~ 1 5 O 38
CC 31 , ~ -3252 -3253
Q -3222 ~j
3
p
= 32 1 1 6 -3255
,~
~ - 224 -3254
~J 3 - 1 7
3 F- ~+.- 40 3257 x
-322 ~ ~
Q 34 1 8 v~ 41 3259
-3228 - 5 ~
ST
~
HURON
J .
~
~
Q 42
~ 35 1 9 ~
~
ALLEY VACAT ION
THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY
NORTH OF HURON STREET FROM THE WEST RIGHT-OF-WAY OF SOUTH WALNUT
STREET TO THE EAST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY
WEST OF SOUTH WALNUT STREET A DISTAN CE OF APPROXIMATELY 136 FEET
AND A WIDTH OF :lp FEET. PART LOCATED IN HARRIS' 2ND SUB. OF PT.
BANK OUTLOT 97.
i=,i~~ in Gierio'~ ®~~irr
~ u ~ z ~ ~ss7
LO^'Ti'h, d. t7l1DP. ~~
CITY C1.ER :, ~J. E3EFiII, t"!,
1316 COUNTY-CITY BUILDING
Sourx BIND, INDIANA 46601-1830
PxoNE2191235-9251
FAx 219/235-9171
TDD 219/235-5567
CITY OF SOUTfI BEND STEPHEN J. LUECKE, MAYOR
POARD OF PUBLIC v V ORKS
August 25, 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 Huron Street from the westright-of--way of South Walnut Street to the
east right-of--way of the first north-south alley west of South Walnut Street, a distance of approximately
136 feet and a width of 10 feet. Part located in Hams 2nd sub. of pt. Bank Outlot 97.
Mr. Caldwell advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition
from the Police Department, Fire Department, Bureau of Sanitation and Community & Economic Development.
Area Plan has stated that is appears that the petitioner is using the alley for access to his property, and it will be
necessary for the adjacent property owner to the north to grant an easement to the property owner to the south,
to allow him access to his property. An easement is necessary to guarantee the property owner to the south access
to park on his lot. The Division of Engineering concurs.
Therefore, the Board submits to you a favorable recommendation concerning this vacation, subject to
an easement to guarantee the property owner to the south access to his property.
Attachments
Sincerely,
d.
An la K. Jaco , lerk~
JAMES R. CALDWELL M. CATHERINE ROEMER