HomeMy WebLinkAbout10516-17 To amend, correct and replace Ordinance No. 10431-16 ORDINANCE No . 10516-17
Passed by the Common Council of the City of South Bend, Indiana
May 22, 20 17
Attest: City Clerk
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 23, 20 17
City Clerk
Approved and signed by me 20 I_
Mayor
ORDINANCE NO. 10516-17
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 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 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 Number Current Owner
1 &2 018-1028-1259 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 o the Common Council
Attest:
City berA
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 n 1 , at q: 3 D o'clock 0— m.
Attest:
City Cle
Approved and Signed by me on the 4' day of ,
2 t) at '+.DO o'clock m.
Mayor, ity of S Tana
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Wednesday,Apr 19,2017 03:18 PM