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HomeMy WebLinkAboutVacation - Alley - South of Fairview Avenue from the west right-of-way Gertrude Street - Part located in Rum Village HeightsORDINANCE No. 0as,-sa Passed by the Common Council of the Ciry of South Bend, Indiana March 23, 19 ~_ Attest: Attest: March 26 Presented by me to the Mayor of the City of South Bend, Indiana March 25, Ciry Clerk President of Common Council 19 98 Ciry Clerk Approved and signed by me 19 98 '~~~,~ Mayor ORDINANCE NO. ~ ~~ I ' I AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first East West alley South of Fairview Avenue from the West right-of--way of Gertrude Street West approximately 147 feet to the dead-end having a width of 16 feet. Part located in Rum Village Heights 2nd Addition, City of South Bend, St. Joseph County, Indiana. 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 Fairview Avenue from the West right-of--way of Gertrude Street West approximately 147 feet to the dead-end having a width of 16 feet. Part located in Rum Village Heights 2nd Addition, 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 maybe injuriously or benefically affected by such vacating: 5313-162, 5313-163, 5313-164, 18-8020 Rum Villave Park, 18-8154-5573 Rum Village Park 18-8154-5563-159, 160, 161 Rum Village Park: SECTION IV: The purpose of the vacation of the real property is to: To be able to maintain overgrowth due to not be maintained ever, alley unble to be used as is due to overgrowth. For personal use. 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 3- `Z' ~~ PueLIC HEARING ?~ p 3rd READING `, ~~~ (~ NOT APPROVED °Z'3 ~ I~,S' REFERRED PASSED ` j ,~_ ~~( ~1led in Cierk's Office i~1AR - 3 i99B LORfTfA J. DUDA CITY CLERK, 80. DEED, Its. COMMITEE REPORT TO THE COMMON COUNCII. OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 28-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST WEST ALLEY SOUTH OF FAIRVIEW AVENUE FROM THE WEST RIGHT-OF-WAY OF GERTRUDE STREET WEST APPROXIMATELY 147 FEET TO THE DEAD-END HAVING A WIDTH OF 16 FEET. PART LOCATED IN RUM VILLAGE HEIGHTS 2ND ADDITION, 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 PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: T e ~ is 2nd) east-wes /north-south) ALLEY (east-west/north- out ) of STREET, RUNNIN eaa -we north-south) -FROM c rid STREET, R A DISTANCE OF APPROXIMATELY )y`~ FEET TO: ALL IN ~~Ith ~~, ~ Iag~ . ~ ~ G h~~ `~~ l~tct ~`~it~ r! (Inser subdiv sion name) B. .THE STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (east-west north-south)TO STREET, FOR A DISTANCE OF APPROXIMATELY FEET. NBMF~ (printed and si nend)~ cI ,~~%~~ ADDRESS LOT # a C~ 3 3 C~.u- ~-ru ~~ J~3 G.2 ~ Co33 ~Ga-~-rc/a~E L3 G..Z Contact Person: Loretta J. Duda City Clerk Room 455, County-City Building South Bend, Indiana 46601 (219-235-9221) ~~ ~ Name : ~` ~~~.~'1 ~ ;n ~i Address : d (n 33 ~G~-~'r~J~1P_ o ~t ~-~. ~Qncl ~t~f y~~1~ Phone ~ S~ - say 3 filed in Clerk's Office ~~1AR - 3 199 LOfiETT/1 J. Dl1DA CITY CLERX, 30. ®END, IN. 1 8-81 54 -5573 ALLEY VACATION The alley to be vacated is described as the first East West alley South of Fairview Avenue from the West right-of-way of Gertrude Street West approximately 147 feet to the dead-end having a width of 16 feet. Part located in Rum Village Heights 2nd Addition, City of South Bend, St. Joseph County, Indiana. ~Iled In Clerk's ~fftce f ill? - 3 1998 LORETTA J. Di1DA CITYCLERK, ~. ©BND, IAA. RUM V I I.LAGE PARK 18-8020 1316 COUNTY-CITY BUILDING SOUTH BENDS INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN ,J. LUECKE, MAYOR BOARD OF PUBLIC WORKS March 16, 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: PHONE 219/235-9251 Fax 219/235-4171 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 Fairview Avenue from the West right-of--way of Gertrude Street West approximately 147 feet to the dead-end having a width of 16 feet. Part located in Rum Village Heights 2nd Addition, 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. Attachments Sin rely, ~j ~~ ~~ An ela I~! Jacob, 1 rk S ,JAMES R, CALDWELL CARL P. LITTRELL, P.E. M. CATHERINE ROEMER