HomeMy WebLinkAboutVacation - Alley - South of Edward street from the west of Kemble Street to the east of to the second alley west of Kemble St. - Also, First alley west of Kemle from the south of EdwardORDINANCE No. e,sz-s,
Passed by the Common Council of the City of South Bend, Indiana.
February 24, 19 ~~
Attest:
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
February
25,
President of Common Council
19 97
City Clerk
Approved and signed by me February 25, 19 97
Mayor
ORDINANCE NO. lJ ~w ~ l
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEYS TO BE VACATED ARE DESCRIBED AS FOLLOWS:
THE FIRST EAST-WEST ALLEY SOUTH OF EDWARD STREET FROM THE WEST
RIGHT-OF-WAY OF KEMBLE STREET TO THE EAST RIGHT-OF-WAY LINE TO THE
SECOND NORTH-SOUTH ALLEY WEST OF KEMBLE STREET FOR A DISTANCE OF
APPROXIMATELY 132 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN
BYERLEY'S ADDITION, CITY OF SOUTH BEND, INDIANA.
ALSO, THE FIRST NORTH-SOUTH ALLEY WEST OF KEMBLE STREET FROM THE
SOUTH RIGHT-OF-WAY OF EDWARD STREET SOUTH TO THE NORTH RIGHT-OF-
WAY LINE OF THE FIRST EAST-WEST ALLEY SOUTH ~F EDWARD STREET FOR A
DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 8 FEET. PART
LOCATED IN BYERLEY'S ADDITION, CITY OF SOUTH BEND, INDIANA.
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 ALLEYS TO BE VACATED ARE DESCRIBED AS FOLLOWS:
THE FIRST EAST-WEST ALLEY SOUTH OF EDWARD STREET FROM THE WEST
RIGHT-OF-WAY OF KEMBLE STREET TO THE EAST RIGHT-OF-WAY LINE TO THE
SECOND NORTH-SOUTH ALLEY WEST OF KEMBLE STREET FOR A DISTANCE OF
APPROXIMATELY 132 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN
BYERLEY'S ADDITION, CITY OF SOUTH BEND, INDIANA.
ALSO, THE FIRST NORTH-SOUTH ALLEY WEST OF KEMBLE STREET FROM THE
SOUTH RIGHT-OF-WAY OF EDWARD STREET SOUTH TO THE NORTH RIGHT-OF-
WAY LINE OF THE FIRST EAST-WEST ALLEY SOUTH OF EDWARD STREET FOR A
DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 8 FEET. PART
LOCATED IN BYERLEY'S ADDITION, CITY OF SOUTH BEND, 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: 2120, 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2129, 2135, 2136, 2137, 2138, 2139
SECTION IV. The purpose of the vacation of the real property is to:
Eliminate excessive traffic using alley, because we fear for our dad's safety, he is 87 years old.
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 READEi,JG aZ-/D`~~
PU"LlC F:~~~:;;ING ~ - ~L f _ ~1 "~
3 rd RE,4E11;~lG ~~ ~~~~
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Filed in Cleri~:'~ ~i~icc
JAPE 2 °~ 1997
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LEGAL DESCRIPTION
THE ALLEYS TO BE VACATED ARE DESCRIBED AS FOLLOWS:
j THE FIRST EAST-WEST ALLEY SOUTH OF EDWARD STREET FROM THE WEST RIGHT-OF-WAY
OF KEMBLE STREET WEST TO THE EAST RIGHT-OF-WAY LINE OF THE SECOND NORTH-
~ SOUTH ALLEY WEST OF KEMBLE STREET FOR A DISTANCE OF APPROXIMATELY 132 FEET
t AND A WIDTH OF 14 FEET. PART LOCATED IN BYERLEY'S ADDITION, CITY OF
SOUTH BEND, INDIANA.
~ ALSO, THE FIRST NORTH-SOUTH ALLEY WEST OF KEr4BLE STREET FR0~1 THE SOUTH
' RIGHT-OF-~aAY 4F EDWARD STREET SOUTH TO THE NORTH RIGHT-OF-GdAY LINE OF THE
f FIRST EAST-WEST ALLEY SOUTH OF EDWARD STREET FOR A DISTANCE OF APPROXIMATELY
165 FEET AND A WIDTH OF 8 FEET. PART LOCATED IN BYERLEY'S ADDITION, CITI'
j OF SOUTH BEND, INDIANA.
Flled sr! ~~~~~ ~ C?~~iC~
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PETITION TO VACATE P TRT.T[' RI HTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE ~ - ~,2 ' ~ 7
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A• THE ALLEYS DESCRIBED AS:
THE ALLEYS TO BE VACATED ARE DESCRIBED AS FOLLOWS:
THE FIRST EAST-WEST ALLEY SOUTH OF EDWARD STREET FROM THE WEST RIGHT-OF-WAY
OF KEMBLE STREET WEST TO THE EAST RIGHT-OF-WAY LINE OF THE SECOND NORTH-
SOUTH ALLEY WEST OF KEM$LE STREET FOR A DISTANCE OF APPROXIMATELY 132 FEET
AND A WIDTH OF 14 FEET. PART LOCATED IN BYERLEY'S ADDITION, CITY OF
SOUTH BEND, INDIANA.
ALSO, THE FIRST NORTH-SOUTH ALLEY WEST OF KEMBLE STREET FROM THE SOUTH
RIGHT-OF-WAY OF EDWARD STREET SOUTH TO THE NORTH RIGHT-OF-WAY LINE OF THE
FIRST EAST-WEST ALLEY SOUTH OF EDWARD STREET FOR A DISTANCE OF APPROXIMATELY
165 FEET AND A WIDTH OF 8 FEET. PART LOCATED IN BYERLEY'S ADDITION, CITY
OF SOUTH BEND, INDIANA.
B• THE STREET DESCRIBED AS:
The 1st No So alle West of Kemble STREET, FROM_the south of ri ht-of-way of Edward
STREET, RUNNING (east-west north-southjTO STREET
FOR A DISTANCE OF APPROXIMATELY FEET. ~
NBM~ (printed and signed)
e E. & Mattie J.
~~
_Ross. Anthnnv Pierre
Loretta J. Duda
City Clerk
Room 455, County-City Building
South Bend, Indiana 46601
(219-235-9221)
L-I2I~B
1521 ~~
Kemble
Avenue LOT #
2135
1519 Kemble Avenue 2126
G'Orit8Ct _rann
Name : ,Tnc F rn,kA
Address: lri'J1 T~amhlo 21~rcniio
Phone --'-'rQ=2~3,.5b~~
Filed in Ci~r~~`~ C?~fice
JAPa 2 '~ 1997
LOait:TTAJ. ®Ua5
CITY CLERY., °O. G'~RBD, I`I.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee
to whom was referred
BILL NO.
10-97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
ALLEYS TO BE VACATED ARE DESCRIBED AS FOLLOWS: THE FIRST
EAST-WEST ALLEY SOUTH OF EDWARD STREET FROM THE WEST
RIGHT-OF-WAY OF KEMBLE STREET TO THE EAST RIGHT-OF-WAY
LINE TO THE SECOND NORTH-SOUTH ALLEY WEST OF KEMBLE STREET
FOR A DISTANCE OF APPROXIMATELY 132 FEET AND A WIDTH OF 14
FEET. PART LOCATED IN BYERLEY'S ADDITION, CITY OF SOUTH
BEND. PiI,SO, THE FIRST NORTH-SOUTH ALLEY WEST OF KEMBLE
STREET FROM THE SOUTH RIGHT-OF-WAY OF EDWARD STREET SOUTH
TO THE NORTH RIGHT-OF-WAY LINE OF THE FIRST EAST-WEST
ALLEY SOUTH OF EDWARD STREET FOR A DISTANCE OF
APPROXIMATELY 165 FEET AND A WIDTH OF 8 FEET. PART LOCATED
IN BYERLEY'S ADDITION, CITY OF SOUTH BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommend to the Council favorably.
Sean Coleman
Chairman
O~ ~~~~1~~1~1~1~/~
1316 COUNTY-CITY BUILDING .~', ~\~ /~/,
SOUTH BEND, INDIANA 46601-1830 ~ ~` ~~ "'
1c] ~ ~ PEACE /ice
~ 1865
CITY OF SOUTH BEND STEPHEN J. LUECKE~ MAYOR
BOARD OF PUBLIC ~10RKS
February 24, 1997
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
ltE: Vacation of Two (2) Alleys
Dear Members of the Council:
PxoNa219/235-9251
Fax 219/235-9171
TDD 219/235-5567
In accordance with Municipal Code Section 18-53.8, an unfavorable recommendation is being
submitted to the Common Council concerning the Vacation of Two (2) Alleys, as follows:
The first east-west alley south of Edward Street from the westright-of--way of Kemble Street to the east
right-of--way line to the second north-south alley west of Kemble Street for a distance of approximately
132 feet and a width of 14 feet. Part located in Byerley's Addition, City of South Bend, Indiana.
Also, the first north-south alley west of Kemble Street from the south right-of--way of Edward Street
south to the north right-of--way line of the first east-west alley south of Edward Street for a distance of
approximately 165 feet and a width of 8 feet. Part located in Byerley's addition, City of South Bend,
Indiana.
For your information, the Board of Public Works received favorable recommendations from the Fire
Department, Area Plan Commission, Department of Economic Development, Division of Engineering, and the
Police Department concerning this vacation, subject to any utility easements that may be required. It appears that
the petition does not meet the criteria of the statutes, in that an insufficient number of abutting property owners
have joined in the petition. In addition, the Bureau of Sanitation is not in favor of this vacation, as they need
access in the alleys to pick up trash.
Therefore, the Board submits to you an unfavorable recommendation concerning this vacation.
Sincerely,
L
An a K. Jacob, Gl rk
Attachments
,JAMES R. CALDWELL M. CATHERINE ROEMER