HomeMy WebLinkAboutVacation - Alley - First alley east of South Maple St from Washington - Part located in Evan's Sub of B.O.L. 88 and Bakers sub of B.O.L. 87ORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
8765-97
March 10, ~ 97
19
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
March 11,
City Clerk
President of Common Council
19 97
City Clerk
Approved and signed by me
March 11,
19 97
Mayor
ORDINANCE NO. U 7(oJ~-9 7 ' ' ' '
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-
SOUTH ALLEY EAST OF SOUTH MAPLE STREET FROM THE SOUTH RIGHT-OF-WAY OF
WEST WASHINGTON STREET TO THE NORTH ALLEY LINE OF THE FIRST EAST-WEST
ALLEY SOUTH OF WEST WASHINGTON STREET FOR A DISTANCE OF APPROXIMATELY
144.5 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN EVAN'S SUB OF
B.O.L. 88 AND BAKERS SUB OF B.O.L. 87, 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 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 North-South alley East of South Maple Street from the South right-of--way of West Washington
Street to the North alley line of the first East-West alley South of West Washington Street for a distance of
approximately 144.5 feet in length and a width of 14 feet. Part located in Evan's Sub of B.O.L. 88 and
Bakers Sub of B.O.L. 87, 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, 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.
vacating:
The following property may be injuriously or beneficially affected by such
1126 W. Washington Lot 1 Baker's Sub of BOL 87
Lot with no address Lot 24 Evan's Sub of BOL 88
SECTION IV. The purpose of the vacation of real property is to:
enable the petitioner to enclose his property and to eliminate illegal dumping on the lots as well as to stop
cars from using the alley to race between W. Washington to W. Jefferson. The petitioner owns the
property to the west of the alley and has recently purchased the three lots to the east of the alley proposed
for vacation. The alley is not used as an access for City services, but it has been used as a speedway and
short cut for persons desiring to go between W. Washington and W. Jefferson. The adjacent lot to the
east has been used for a dumping ground by unknown persons. Since the petitioner purchased this lot, he
has cleaned it up several times, yet the trash reappears. The petitioner is desirous of fencing in his
property in order to eliminate these illegal and unnecessary activities. He is also desirous of building a
garage large enough for his three vehicles and in so doing take them off of W. Washington which is a City
Snow Route. In order to make these improvements, he must vacate the alley.
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.
1st FEAD;NG~-~!~_.~~
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~~:or ~P~~;ovE~
Member of the Common Council
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PA~~~D~ia_ ~~
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL DATE: 02/10/97
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY(S) DESCRIBED AS:
The first North-South alley East of South Maple Street from the South right-of--way of West Washington
Street to the North alley line of the first East-West alley South of West Washington Street for a distance of
approximately 144.5 feet in length and a width of 14 feet. Part located in Evan's Sub of B.O.L. 88 and
Bakers Sub of B.O.L. 87, City of South Bend, St. Joseph County, Indiana.
NAME (printed and signed) ADDRESS LOT #
1126 W. Washington Lot 1 Baker's Sub of BOL 87
ohn Daniel Wigfall
` Lot with no address Lot 24 Evan's Sub of BOL 88
ohn Daniel Wigfall
CONTACT PERSON:
John Daniel Wigfall
1126 W. Washington Avenue
South Bend, IN 46601
(219)233-6453
Filed i~a ~It?t'o~`: ~;~'~~~~~~=
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND:
Your Committee
to whom was referred
BILL NO.
13-97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST NORTH-SOUTH ALLEY EAST OF SOUTH MAPLE STREET FROM
THE SOUTH RIGHT-OF-WAY OF WEST WASHINGTON STREET TO THE
NORTH ALLEY LINE OF THE FIRST EAST-WEST ALLEY SOUTH OF
WEST WASHINGTON STREET FOR A DISTANCE OF APPROXIMATELY
144.5 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED
IN EVAN'S SUB OF B.O.L. 88 AND BAKERS SUB OF B.O.L. 87,
CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
Respectfully report that they have examined the matter and that in their opinion, tJzis bill
has been recommend to the Council favorably.
Sean Coleman
Chairman
ALLEY VACATION
The alley to be vacated is described as the first North-South alley East of South Maple Street from
the South right-of--way of West Washington Street to the North alley line of the first East-West alley
South of West Washington Street for a distance of approximately 144.5 feet in length and a width
of 14 feet. Part located in Evans Sub of B.O.L. 88 and Bakers Sub of B.O.L. 87, City of South
Bend, St. Joseph County, Indiana.
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1316 COUNTY-CITY BUILDING
SOUTH $END, INDIANA 46601-iH3O
RHONE 219/235-9251
Fax 219/235-9171
TDD 219/235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF ~UBLIC ~ORKS
March 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 north-south alley east of South Maple Street from the south right of way of West Washington
Street to the north alley line of the first east-west alley south of West Washington Street for a distance
of approximately 144.5 feet in length and a width of 14 feet. Part located in Evan's Sub of B.O.L. 88
and Bakers Sub of B.O.L. 87, City of South Bend, St. Joseph County, Indiana.
For your information, the Board of Public Works received favorable recommendations from the Fire
Department, Area Plan Commission, Department of Economic Development, Bureau of Sanitation, Division of
Engineering, and the Police Department concerning this vacation, subject to any utility easements that may be
required.
Therefore, the Board submits to you a favorable recommendation concerning this vacation.
Sincerely,
~~
An a . J
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Attachments
JAMES R. CALUWELL M. CATHERINE ROEMER