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Home My WebLink About20-17 Correcting a Scrivener's Error in Ord. 9717-06CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director March 22, 2017 Mr. Tim Scott President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Filed in Clerk's Office Ell � 2 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CORRECTING A SCRIVENER'S ERROR WHILE OTHERWISE REAFFIRMING ORDINANCE 9717 -06 FOR THE VACATION OF CERTAIN PARTS OF FRANCES STREET Dear President Scott: The purpose and intent of this ordinance is to correct a scrivener's error in Ordinance 9717 -06 which addressed the vacation of certain parts of Frances Street. The previous iteration of the Ordinance referred to a non - existent North/South alley. The alley in question is correctly identified as East/West alley which is now reflected in the updated Ordinance. Ordinance 9717- 06 is otherwise reaffirmed in its entirety. I look forward to discussing this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. As always, thank you for your consideration. Sincerely, ric C. Horvath City of South Bend Executive Director Public Works BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING A SCRIVENER'S ERROR IN ORDINANCE NO. 9717-06 AS TO THE DESCRIPTION OF REAL PROPERTY FOR THE VACATION OF CERTAIN PARTS OF FRANCES STREET STATEMENT OF PURPOSE AND INTENT The purpose and intent of this ordinance is to correct a scrivener's error in Ordinance 9717- 06 (vacating certain parts of Frances Street) which was adopted by this Council on November 29, 2006, a copy of which is attached for reference. Ordinance 9717 -06 is otherwise reaffirmed in its entirety. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. The caption of Ordinance No. 9717 -06 is amended to read in its entirety as follows: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The street to be vacated is Frances Street from the North right of way line of Colfax Avenue to the first East/West alley North of Colfax Avenue for a distance of 198 feet and a width of 66 feet. Additionally, an area 45 feet north of the south right of way of Luther Court and 23 feet west of the east right of way line of Frances Street. Being a part of the Original Town of Lowell, now City of South Bend, Portage Township, St. Joseph County, Indiana. SECTION II. Section I of Ordinance Numbered 9717 -06 shall be corrected to read in its entirety as follows: The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The street to be vacated is Frances Street from the North right of way line of Colfax Avenue to the first East/West Na Sout alley North of Colfax Avenue for a distance of 198 feet and a width of 66 feet. Additionally, an area 45 feet north of the south right of way of Luther Court and 23 feet west of the east right of way line of Frances Street. Being a part of the Original Town of Lowell, now City of South Bend, Portage Township, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTON III. The rest and remainder of Ordinance No. 9717 -06 is hereby and in all ways reaffirmed, a copy of which is attached hereto for informational purposes. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council ATTEST: Kareemah Fowler, City Clerk Presented by me, to Pete Buttigieg the Mayor of the City of South Bend, Indiana, on the day of , 2017, at o'clock M. Approved and signed by me on the .m. 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Kareemah Fowler, City Clerk day of Pete Buttigieg, Mayor 2 2017, at o'clock Filed in Clerk's Office LIAR 2 2 2017 KAREEMAH s°OINL.ER CITY CLERK, SOUTH SEND, IN Filed in Clerk's Unice MAR 2 2 2017 CI CLERK, SQUI rs bEND IFS ORDINANCE No. 9717-06 Passed by the Common Council of the City of South Bend, Indiana November 27, 20 06 Attest: JO Attest: Presented by me to the Mayor of the City of South Bend, Indiana November 28, JOHN V/] R. Approved and signed by me November 29 20 06 City Clerk President of Common Council City Clerk Mayer Filed in Clerk's Office G1j1� -6�a �1AR 222017 ORDINANCE NO. .__.i KAREEMAH FOWLER AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED t1 P ;SOUTH BEND, IN The street to be vacated is Frances Street from the North right of way line of Colfax Avenue to the first North /South alley North of Colfax Avenue for a distance of 198 feet and a width of 66 feet. Additionally, an area 45 feet north of the south right of way of Luther Court and 23 feet west of the east right of way line of Frances Street. Being a part of the Original Town of Lowell, now City of South Bend, Portage Township, 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 street to be vacated is Frances Street from the North right of way line of Colfax Avenue to the first North /South alley North of Colfax Avenue for a distance of 198 feet and a width of 66 feet. Additionally, an area 45 feet north of the south right of way of Luther Court and 23 feet west of the east right of way line of Frances Street. Being a part of the Original Town of Lowell, now City of South Bend, Portage Township, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION 11. 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: 18- 5016 - 0516 -01 South Bend Clinic 18- 5016 -1 South Bend Clinic 18- 5016 - 0516 -02 South Bend Clinic 18- 5016 -4 South Bend Clinic 18- 5016 -0564 South Bend Clinic 18- 5016 -5 South Bend Clinic 18 -5016 -0564 South Bend Clinic 18- 5016 -6 South Bend Clinic SECTION IV. The purpose of the vacation of the real property is: To allow the property owner of all the adjacent properties, South Bend Clinic to construct an addition to their medical clinic and add additional parking without patients and staff having to cross a public street. 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 Co mon Council Attest: ity Jerk Presented by me to the Mayor of the City of South Bend, Indiana on the 2-?-�� day of L2 , 2o�- , at 3` -OZ) o'clock p I m. City Clerk Approved and signed by me on the 9 day of N� , 2 afl-, at o'clock a .m. 1-�f �'�AD:,,-, 11-13- o t6 O�Lrc 3 ffE-ARlh�G I �_ 2.� _ob NOT AP;,p G (( -L7 _v b I Pp� 0 FFERRED ,'ASSW . �z.? _d-b Mayor, Cit South Bend, Indiana Fred l7 CIS �' t'S Cffice NOV :__-_ '. A E CITY C .";(, SD. E , *", IN. Filed in Clerk's Office MAR 2 2 2017 --- -i KAREEIVIAH FOWLER TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: CITY CLERK, SOUTH BEND, IN Your Committee of the Whole, to whom was referred: BILL NO. 80 -06 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS FRANCES STREET FROM THE NORTH RIGHT OF WAY LINE OF COLFAX AVENUE TO THE FIRST NORTH /SOUTH ALLEY NORTH OF COLFAX AVENUE FOR A DISTANCE OF 198 FEET AND A WIDTH OF 66 FEET. ADDITIONALLY, AN AREA 45 FEET NORTH OF THE SOUTH RIGHT OF WAY OF LUTHER COURT AND 23 FEET WEST OF THE EAST RIGHT OF WAY LINE OF FRANCES STREET. BEING A PART OF THE ORIGINAL TOWN OF LOWELL, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karen L. White Chairperson (STREETS /ALLEYS) Filed in Clerk's Office MAR 2 2017 TO THE COMMON COUNCIL DATE OF THE CITY OF SOUTH BEND, INDIANA ER CITY CLERK, SOUTH SEND, IN I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: N/A B. THE STREET DESCRIBED AS: South portion of Frances Street from the South R.O.W. of Luther Court to Colfax Street, plus an area 45 feet North of the South R.O.W. of Luther Court and et West of the East R.O.W. line of Frances Street. NAME (signed & printed) ADDRESS 211 N. Ed Filed In Cle.11 "s -Office NOV 7 2005 JOHN VOORDE CITY CLERK, SO. BUM, IN. LOT # RE"T"URN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY -CITY BUILDING SOUTH BEND, IN 466o1 574-235-9221 Street CONTACT PERSON (S) NAME: Paul Meyer ADDRESS: 211 N. Eddy Street South Bend, IN 46617 PHONE: (574) 234 -8161 LASALLE ST. -82.5' R/W �o W W t— N I i i -0561 - 056L01 Q Z u - 0561.02 W �� Q/ 1 -0564 i m Z -O /I I a/i -0563 .o Q/ .n o I R150' COLFAX AVE, -82.5' R/W LEGAL DESCRIPTION: Filed in Clerk's Offic e MAC �2 2017 KAREEMAH F00JLER CITY CLERIC, SOUTH BEND, IN C` 1 4 S � i I 6 I i 1 i i i r 0O m 0 1 I -0398 18 -5013 0 u O A— cb [j.iz 0 w U � The street to be vacated is Frances Street from the North right of way line of Colfax Avenue to the first North/South alley North of Colfax Avenue for a distance of 198 feet and a width of 66 feet. Being a part of the Original Town of Lowell, now City of South Bend, Portage Township, St. Joseph County, Indiana. MYMM DEPARTMENT OF PUBLIC WORKS ® c' SOUTH BEND CLINIC o rsarnc CITY OF SOUTH BEND, INDIDANA Q *'•nM FRANCIS STREET VACATION ID TMWAM