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Home My WebLink AboutVacate - Alley St Joseph Street West Western Ave ORDINANCE No. 8725-96 Passed by the Common Council of the City of South Bend,Indiana October 28. 19 96 7 ' Attest: t ; -�� City Clerk LO ' 'TTA DUD Attest: / 6-1? President of Common Council Presented by me to the Mayor of the City of South Bend,Indiana October 29, 19 96 'et% ad. - ` - City Clerk { or LO" TA J. A Approved and signed by me .176046,4 -69 19 fr7 ' p .--. Mayor ORDINANCE NO. 7 5 —9� AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is described as the first north-south alley west of St. Joseph Street from the south right-of-way of West Western Avenue to the north right-of-way of the first east-west alley south of West Western Avenue for a distance of approximately 198 feet in length and with of 14 feet. Part located Martin's Addition in the City of South Bend,Indiana. STATEMENT OF PURPOSE AND INTENT The propose of this vacation is to restrict access the alley to only authorized persons who would use the six(6) secured,interior parking spaces in the Court Building. The intent of this vacation is to provide and additional"Clear Zone"around the United States Bankruptcy Court Building, located at 401 South Michigan Street, South Bend,Indiana which is located east of the referenced alley. Pursuant to Indiana Code Section 36-7-3-12,the Common Council is charged with the authority to hear all petitions to vacate 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 fellows. 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 alley to be vacated is described as the first north-south alley west of St. Joseph Street from the south right-of-way of West Western Avenue to the north right-of-way of the first east-west alley south of West Western Avenue for a distance of approximately 198 feet in length and with of 14 feet. Part located Martin's Addition in the City of South Bend,Indiana,hereby determines that 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 properties may be injuriously or beneficially affected by such vacating: Tax Key Property Owner of Record 18-3016-0585.01 City of South Bend,Department of Redevelopment 18-3016-0586.01 1200 County City Building South Bend,Indiana 46601 18-3016-0587.02 1st. Source Bank as Trustee of Land PO Box 1575 South Bend,Indiana 46634 18-3016-0593 Western Avenue Properties,LLC 18-3016-0594 422 East Monroe Street 18-3016-5095 South Bend,Indiana 46601 18-3016-5096 18-3016-3097 18-3016-3098 SECTION IV The purpose of the vacation of the real property is to: Restrict access the alley to only authorized persons who would use the six(6)secured,interior parking spaces in the Court Building. In addition the vacation will provide a "Clear Zone"around the United States Bankruptcy Court Building,located at 401 South Michigan Street, South Bend,Indiana which is located east COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 86-96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF ST. JOSEPH STREET FROM THE SOUTH RIGHT-OF- WAY OF WEST WESTERN AVENUE TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST-WEST ALLEY SOUTH OF WEST WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND WIDTH OF 14 FEET. PART LOCATED IN MARTIN'S ADDITION IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion this bill has been recommended to the Council favorably. Cleo Washington Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY • (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE OCT. 3,1996 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The (1st/, qx * (etaubsco lc/north-south) ALLEY (*MUL-west/NWEN P ) of ST. JOSEPH STREET, RUNNING( clemeetinouth-south) FROM WESTERN AVE. Ste, FOR A DISTANCE OF APPROXIMATELY 198 FEET T0: THE FIRST EAST-WEST ALLEY RUNNING EAST FROM MAIN STREET ALL IN MARTIN'S ADDITION (Insert subdivision name) B. THE STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (east-west/north-south)TO STREET, FOR A DISTANCE OF APPROXIMATELY FEET. NAB,,, (printed and signed) ADDRESS LOT # WESTERN AVENUE PROPERTIES, LLC 4?? F. MONROF STRFFT 13,14;15,16 co �O SOUTH BEND, IN. 46601 BY: WILLIAM A. PANZICA MANAGING MEMBFR Contact Person: WILLIAM A. PANZICA Name: WESTERN AVENUE PROPERTIES, LLC Address: 422 EAST MONROE STREET SOUTH BEND, IN. 46601 Phone (219)234-0124 Loretta J. Duda City Clerk , Rnnm a c c _ r,,.,v;-.,-(1;+., I Filed in Clock;-°; :": fic ALLEY VACATION THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF ST. JOSEPH STREET FROM THE SOUTH RIGHT-OF-WAY OF WEST WESTERN AVENUE TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST-WEST ALLEY SOUTH OF WEST WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN MARTIN'S ADDITION IN THE CITY OF SOUTH BEND, INDIANA. WAYNE 306 IU5 ; . 305 296 Z r% Ia INIM Q 304 0— — 1 "=200 ' ' ∎ = S M x303 0 Q,. 302 ff� ��`a 299 1 -0272 I -0284 AV 25 I 0585.01 Hi 13 0593 I01594 26 0586.01 Hi 4!I 1-- I052 7.02 th14 1 5 • 0596 ' 0588.02165 0589 vii , 0587 j ik ,.. 0598 0590.01 4111 �X99 Filed In Clerk° t � • 30 18 o' `:NI;* 0600 IT r(, MONROE LORETT; °<•UO=,. CITY CLE�§Kta. :}. C.1;1.. • PROPERTY OWNERS BY TAX KEY 18-3008-0272 South Bend Public Library 122 West Wayne Street South Bend,Indiana 46601 18-2008-0284 Hale Corporation PO Box 988 South Bend,Indiana 46624 18-3016-0585.01 City of South Bend,Department of Redevelopment 1200 County City Building South Bend,Indiana 46601 18-3016-0586.01 City of South Bend,Department of Redevelopment 1200 County City Building South Bend,Indiana 46601 18-3016-0587.02 1st. Source Bank as Trustee of Land PO Box 1575 South Bend,Indiana 46634 18-3016-0588.02 Emmett H.McNease 1605 E Jefferson Blvd. South Bend,Indiana 46617 18-3016-0589 Loren F.Preist,Larry D. Schafer&Gregory C.Noble 721 Riverview Avenue Elkhart,Indiana 46516 18-3016-0590.01 Emmett H.McNease 1605 E Jefferson Blvd. South Bend,Indiana 46617 18-3016-0593 Western Avenue Properties,LLC 422 East Monroe Street South Bend,Indiana 46601 18-3016-0594 Western Avenue Properties,LLC 422 East Monroe Street South Bend,Indiana 46601 18-3016-0595 Western Avenue Properties,LLC 422 East Monroe Street South Bend,Indiana 46601 Filed In Clerk's r 6 18-3016-0596 Western Avenue Properties,LLC nc T 422 East Monroe Street South Bend,Indiana 46601 LOR TT 2; r},.nor, CITY CLERK,:Fu;, ,>Ft4f. '>. 18-3016-0597 Western Avenue Properties,LLC 422 East Monroe Street South Bend,Indiana 46601 18-3016-0598 Western Avenue Properties,LLC 422 East Monroe Street South Bend,Indiana 46601 18-3016-0599 William C.Kobin 9 Commonwealth Ave. Boston,MA 02116 18-3016-0600 Emmett H.McNease 1605 E Jefferson Blvd. South Bend,Indiana 46617 Filed In Clerk's Office CITY CLERK, rk Western Avenue Properties, LLC 422 East Monroe Street South Bend,Indiana 46601 Telephone 219-234-0125 Fax 219-234-1023 October 3, 1996 The Common Council of The City of South Bend,Indiana County-City Building South Bend,Indiana 46601 Re: Alley Vacation Dear Common Council Members: Western Avenue Properties,LLC,requests the vacation of the following alley: The 1st north-south alley south of Western Avenue and east of Main Street,running north to south from Western Avenue,for a distance of approximately 200' feet to the intersection of the 1st east-west alley running east from Main Street all in the Martin's Addition of the City of South Bend,Indiana. This alley is directly west and to the rear of the new US Bankruptcy Court Building. The United States Marshal Service and Federal Protective Service have requested we seek this vacation in order to provide and additional security buffer behind this building. At the rear of this building off this alley are the garage doors for the use of the Federal Judges. The Federal Protective Service and the Marshals would like to restrict the access to this area to authorized persons only. With the recently mandated changes in security for all federal facilities in the wake of the Oklahoma City tragedy there is also a need for an additional"clear zone"around this building,and the vacation of this alley is vital to meet that objective. It is our hope that Common Council and the Board of Public Works understands the importance of this security"clear zone"for the personal safety of the Judges,employees and general public who will use this facility, and see their way clear to grant this alley vacation. Enclosed are the petition forms,legal discretion,circle map,list of property owners with in 300' feet and certified postage paid envelops for your use. If you should have any questions or should require any additional information please feel free to contact me. Respectfully Submitted, . ". Q .mot Via, Flied In Clerk's Office ,k William A.Panzica 0,, n ` , Managing Member LORRY.$. j D enclosures CITY CLERK, • rrr„pr ra•,••, SpUTR- S4 4 \\1�'�I�;/��, City of South Bend `S ! Joseph E.Keman,Mayor 1865 Board of Public Works October 28, 1996 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of an Alley Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the Vacation of an Alley, as follows: The alley to be vacated is described as the first north/south alley west of St. Joseph Street from the south right-of-way of West Western to the north right-of-way of the first east/west alley south of West Western Avenue for a distance of approximately 198 feet in length and width of 14 feet. Part located in Martin's Addition in the City of South Bend, Indiana. For your information,the Board of Public Works received favorable recommendations from the Department of Sanitation, Fire Department, Area Plan Commission, Department of Economic Development,Division of Engineering, and the Police Department concerning this vacation subject to any utility easements and turning easements that may be required. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, -'"/ -"--`J Angela Angela>9Jacob, Cl&rk Attachments 1316 County-City Building•South Bend,Indiana 46601 •219/235-9251 •TDD 219/235-5567 John E.Leszczynski James R.Caldwell Jenny Pitts Manier