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Home My WebLink About10578-18 Alley Vacation- Western Ave from Frances Street east 241 ft +/- to Parry Street, the First North/West Alley east of Frances Street United States of America G TILED 1AR 1 Z016 AIPITr R OS PH COUNTY Certificate STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: I, Kareemah Fowler, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby certify that the attached and foregoing is a full, true, and correct copy of ORDINANCE 10578-18 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: STREET VACATION—WESTERN AVENUE FROM FRANCES STREET EAST 241 FEET +/- TO PARRY STREET, THE FIRST NORTH/SOUTH ALLEY EAST OF FRANCES STREET, BETWEEN WESTERN AVENUE ON THE NORTH TO THE FIRST EAST/WEST ALLEY SOUTH OF WESTERN AVENUE, SOUTH BEND, INDIANA. PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,FEBRUARY 12, 2018. PRESENTED TO,APPROVED AND SIGNED BY MAYOR PETE BUTTIGIEG, FEBRUARY 13,2018. ATTEST: TIM SCOTT, PRESIDENT OF THE COMMON COUNCIL ATTEST: KAREEMAH N. FOWLER, CITY CLERK the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph County, Indiana. IN WITNESS WHEREOF, I have hereunt et my hand and ffixed the official Seal o the City of South Bend, St. Joseph County, Indiana,this_L s1 day of 20 Kareemah Fowler Clerk of the City of South Bend St. Joseph County, In ' na C� By-. Deputy ORDINANCE No . 10578-18 Passed by the Common Council of the City of South Bend, Indiana February 12, 20 18 Attest: City Clerk areemah N. Fowler Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 12 18 20 City Clerk K eemah N. Fotbler Approved and signed by me 20 Mayor /6 BILL NO. 06-18 ORDINANCE NO. 10578-18 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: Street Vacation — Western Avenue from Frances Street east 241 feet+/-to Parry Street, the First North/South Alley east of Frances Street, between Western Avenue on the North to the First East/West Alley south of Western Avenue, South Bend, 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 properties: 1). Street Vacation—Western Avenue from Frances Street running east 241 feet more or less to Parry Street. 2). Alley Vacation—The First North/South Alley east of Frances Street, between Western Avenue on the North and running south 198 feet more or less to the First East/West Alley south of Western Avenue. hereby determines that it is desirable to vacate said properties. 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 Tax Key Numbers may be injuriously or beneficially affected by such vacating: 18-6006-0166 18-6006-016603 18-6006-0166.02 18-6008-0183 18-6006-0163 18-6008-0189 18-6006-0162 18-6006-0161 18-6006-0160 18-6006-0158 18-6006-0156 18-6008-0190 18-6006-0154 18-6006-0164.03 18-6006-0164.02 18-6006-0149 18-6006-0150 18-6013-0297 18-6006-0151 18-6006-0153 18-6006-0164.01 18-6013-0285 18-6013-0286 18-6013-0288 18-6013-0287.01 18-6013-0292 18-6013-0294 18-6013-0297 18-6013-0296 18-6013-0283 18-6013-0295 18-6013-0290 18-6013-0289 18-6008-0184 18-6008-0188 18-6013-0280 18-6013-0281 18-6013-0282 2 SECTION IV. The purpose of the vacation of the real properties is to vacate that portion of all the Public Alleys and Streets in the described area to allow for the development of some of the adjacent property. 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. Tim Scott, Counc si n Member of the Common Council Attest: Kare mah N. Fowler, City 6erk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the o2 day of rebqau., 2018, at 9- o'clock f. m. areemah �Folejr, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2018, at o'clock �.m. Pete Buttigie4,wy City of S Bend, Indiana UAD;NG L.0 HEARING 3rd READING NOT APPROVED REFERRED PASSED ��121.P'6/B Danch, "arntarr cV �ssociatas, ln�. Land Surveyors M Professional Engineers Landscape Architects M Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4009 1643 Commerce Drive • South Bend, IN 46628 Honorable Members of the City of September 12, 2017 South Bend Common Council 4'h Floor County-City Building South Bend, Indiana 46601 RE: Street Vacation — Western Avenue from Frances Street east 241 feet +/- to Parry Street, the First North/South Alley east of Frances Street, between Western Avenue on the North to the First East/West Alley south of Western Avenue, South Bend, Indian Dear Council Members: On behalf of our clients, we are requesting the approval of the Vacation for all the Public Streets and Alleys known as Street Vacation—Western Avenue from Frances Street east 241 feet +/- to Parry Street, the First North/South Alley east of Frances Street, between Western Avenue on the North to the First East/West Alley south of Western Avenue, South Bend, Indiana. The reason for this request is to allow for the future development of property adjacent to the the proposed vacated streets and alleys. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, , /aeL�f_6Xalnc% Michael J. Danch President Danch, Hamer& Associates Filed in Clerk's Office File No. 170209 JAN 16 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN