HomeMy WebLinkAbout26-16 Vacation- Replacing Ord. No. 10431-17 (Family Dollar)K
ORDINANCE NO.
AN ORDINANCE TO AMEND, CORRECT,AND REPLACE ORDINANCE NO.
10431-16 TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST NORTH/SOUTH ALLEY EAST OF CUSHING STREET FROM LINCOLN
WAY WEST TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 193 FEET AND
A WIDTH OF 14 FEET. SAID ALLEY BEING A PART HEINTZMAN'S ADDITION AND
KUNSTMAN'S ADDITION, 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.
On April 11, 2016 this Council Passed Ord. No. 10431-16 to vacate an alley right of way.
However, the legal description of the described property was subsequently discovered to
be incorrect, describing the wrong property to be vacated. This ordinance amends and
corrects the legal description by including the correct legal description of the alley to be
vacated and it replaces Ordinance No. 10431-16 by vacating the correctly described
property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council ofthe City of South Bend having held a Public
Hearing on the petition to vacate the following property:
THE FIRST NORTH/SOUTH ALLEY EAST OF CUSHING STREET FROM LINCOLN
WAY WEST TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 193 FEET AND
A WIDTH OF 14 FEET. SAID ALLEY BEING A PART HEINTZMAN'S ADDITION AND
KUNSTMAN'S ADDITION, 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 III.
The following property may be injuriously or beneficially affected by
such vacating:
Lot Number County Parcel ID Current Owner
Number
1 &2 o18-1028-1259 Wadad El-Ammori
3 o18-1028-126o
Wadad El-Ammori
3 o18-1028-1261
Lincoln Park Development, LLC
4 o18-1028-1262
George Kalafat
6 o18-1028-1282
Wadad El-Ammori
SECTION IV. The purpose of the vacation of the real property is to allow for the
development of such property.
SECTION V. This Ordinance supersedes and replaces Ordinance No. 10431-16.
SECTION VI.This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor, retroactive to April 12, 2016 per the
original ordinance 10431-16.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor ofthe City of South Bend, Indiana on the
day of
2 at o'clock m.
Attest:
City Clerk
Clerk's
Mayor, City of South Ben
ffice
MAY 01 2011
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
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Wednesday,Apr 19,201703:18 PM
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7 TAXES
PAYABLE 2018- tl MAY 2018
FILED
If lf iS
OFFICE OF THE CITY CLERK
KARRF—vAH FOWLER,CITY CLERK
MEMORANDUM
TO:
Larry Ma gl lo zzl,Area Pl anCommission Pete Kaminski,Street Department
P.Corbltt Kerr,Board of
Public Works Ed Gleckler,Traffic&Lighting
Tony Molnar,Engineering Department Michael Divits,Community Investment
Charles Bulot,Building Department Mark Runnion,County Auditor
FedericoRodriguez,Fire Department Ed Herman,Water Works
Phil Griffin,Northern Indiana Public Service Co.
Lt.Christopher Voros,Police Dept.
FROM:Kareemah Fowler,City Clerk
DATE: May 12,2016
SUBJECT:Effective Alley Vacation Notice
To Whom it May Concern:
All proceedings with reference to Ordinance No.10431-16 for the vacation of the following
property:
PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY
TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF CUSHING STREET FROM LINCOLN WAY
WEST TO THE FI FIST EAST/WEST ALLEY FOR A DISTANCE OF 193 FEET AND A WIDTH OF 14 FEET.SAID
ALLEY BEING A PART HEINTZMAN'S ADDITION AND KUNSTMAN'S ADDITION,CITY OF SOUTH BEND,
PORTAGE TOWNSHIP,ST.JOSEPH COUNTY,INDIANA
are closed and this area is vacated—effective March 15,2016.All Common Council
proceedings regarding the vacation are public Information and available electronically at
southbendin.gov,or by hard copy in the City Clerk's Office.Should you have any queries or
concerns regarding this property vacation,feel free to contact the City Clerk's Office at your
conven ience.
Akf
Sincerely,
Kareeemah Fowler,IAMC
City Clerk,Office of the City Clerk
City of South Bend
455 Couny-aty Building•227 W Jefferson Blvd .South Bend.Indiana 46601
Phone 574-n5-9211 •F x 574-235.9173 -TDD 574.2353567•www.5outhBendIN.gov
JENNIFER M.COPPMAN AL x fYN A
M.A[DE r DGE
ExuLY$1xToN
CHIRP DEPUTY/CHIRP O f STAPP DRPtr1YI DIRECTOR OF
Po11cyORDINANCE VIOLATION CLERK