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Home My WebLink About10510-17 Correcting a Scrivener's Error in Ordinance 9717-06ORDINANCE No. 10510 -17 Passed by the Common Council of the City of South Bend, Indiana April 10, 20 17 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana April 11, 20 17 Approved and signed by me� i cl 20 City Clerk President of Common Council City Clerk Mayor BILL NO. ZO - B.� ORDINANCE NO. � O C� 10 ._ � q 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 1. 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 NoAh4Seut 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 1I. 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 NorfliLSouth 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, Sout d Common Council ATTEST: LkI ar mah Fowler, dV Clerk Presented by me, to Pete Buttigieg the Mayor of the City of South Bend, Indiana, on the day of (,,pej,, _t , 2017, at I 1 o'clock oL- .m. K eemah Fowler, City Clerk Approved and signed by me on the lqf-' day of , 2017, at 3 o'clock .m. 1 st READING c3-2 -1 - I 1 PUBLIC HEARING Lt- 10. -1-1 3rd READING j -1c) -I1 NOT APPROVED REFERRED -3 ° 21 -1`1 PASSED 4 _1 D . -I-I Pete Butt' g, NfayoiV 2 Filed in Clerk's Office MAR 22 2017 KAREi`MAH 1=C3WLER CITY CLERK, SOUTH SEND, IN Filed in Clerk's Unica MAR 22 ZO17 KARESWAH FOWLER CITY CLERK, SOI T11 bEN1 ORDINANCE No. 9717-06 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: November 27, 20 06 Presented by me to the Mayor of the City of South Bend, Indiana November 28, PRIM W W. Approved and signed by me November 29 20 06 City Clerk President of Common Council City Clerk ,%� Mayor Filed in Clerk's Office G1 11- 6 MAC ; 2 2 2017 KARFEMAH FOWLER ORDINANCE NO. _ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED L E Y;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 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 Ill. The following property may be injuriously or beneficially affected by such vacating: 18- 5016 - 0516 -01 South Bend Clinic 18- 5016 - 0516 -02 South Bend Clinic 18- 5016 -0564 South Bend Clinic 18- 5016 -0564 South Bend Clinic 18- 5016 -1 South Bend Clinic 18- 5016 -4 South Bend Clinic 18- 5016 -5 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. t d, an" Member of the Co mon Council Attest: ity Jerk Presented by me to the Mayor of the City of South Bend, Indiana on the ZAt-�, day of _ f.)o� � �c� , 2 0� , at 3 ` -0lzi o'clock I m. City Clerk K1v, Approved and signed by me on the 9 day of , 2�, at — 9" 3D o'clock a .m. 1" r�AD "„cam 11 -13-oto PUELIc HEARIhrG —Ob Nor 1EAa'NC APPROVED FFERRED -'ASSN Mayor, City South Bend, Indiana Filed In CIS NOV d0'r1 11 VONDE CITY CLira1C, S0. E `22, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: Filed in Clerk's Office MAR 22 Z01I KAREEMAH r=OVA.ER CITY CLERK, SOUTH BEND, IN 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 2 2017 TO THE COMMON COUNCIL DATE OF THE CITY OF SOUTH BEND, INDIANA CITY CLERK, SOU rH BEND, 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 23 feet West of the East R.O.W. line of Frances Street. NAME (signed & printed) ADDRESS 211 N. E Filed In Clerl:'c office NOV 7 2005 JOHN V00ROE CITY CLERK, S0, BEND, IN. RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 466oi 574 - 235-9221 Street CONTACT PERSON (S) NAME: Paul Meyer LOT # ADDRESS: 211 N. Eddy Street South Bend, IN 46617 PHONE: (574) 234 -8161 LASALLE ST. —82.5' R/W COLFAX AVE. —82.5' R/W LEGAL DESCRIPTION: Filed in Clerk's .Office MAR � 2 2017 KAREEMAH F OWLEA CITY CLERK, SOUTH LEND, 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. Being a part of the Original Town of Lowell, now City of South Bend, Portage Township, St. Joseph County, Indiana. DEPARTMENT OF PUBLIC WORKS o c SOUTH BEND CLINIC CITY OF SOUTH BEND, INDIDANA Q IA"M FRANCIS STREET VACATION ID IMrawsM