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HomeMy WebLinkAbout9717-06 Vacation Frances St.ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana November 27, 20 06 Arrest: Arrest: City Clerk President of Common Council Presented by me to the Mayor of the Ciry of South Bend, Indiana November 28, JOHN Approved and signed by me November 29 20 06 .~ City Clerk Maytor 06 20 ORDINANCE NO. ~ 1 ~ ~ - ~ ~O 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 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 ta, 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 Z~~ day of IJ~~~-m~c~ , 20~ , at 3`-0~ o'clock ~_.m. City Clerk K~~ Approved and signed by me on the 9 ~ day of ~~ , 2~, at _ 9= 3y o'clock a .m. Mayor, Cit South Bend, Indiana ~~~ ~~~(J'C1G G ~ - I.3- C710 3~~j'c err-a~inrc 11- z.~ -Ob ~1f31" READING L (-L7 -d6 ,, aPpROVED FFERREp . --~ Fi~~d t~ ~I~~et'~ ~#fice r NOV ! c~J d0'r1,7 V~~^RDE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 8Q-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 PETITION TO VACATE PUBLICRIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: 10 / 11 / 0 6 OF THE CITY OF SOUTH BEND, INDIANA 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. ADDRESS LOT # 211 N. Eddy Street Filed In CleYl+'~ Office NOV 7 2006 JOHN VOORDE CITY CLERK, S0. BEP:D, IN. RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 CONTACT PERSON (S) NAME: Paul Meyer ADDRESS: 211 N. Eddy Street South Bend, IN 46617 PHONE: (574) 234-8161 NAME (signed & printed) LASALLE ST. -82.5' R/W C~LFAX AVE. -82.5' R/W LEGAL DESCRIPTTON• 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 ® SOUTH BEND CLINIC o~ CITY OF SOUTH BEND, nvDIDANA Q w•~ FRANCIS STREET VACATION o w~srareras