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Home My WebLink AboutVacate O'Brien Street between Washington & Orange Streets ORDINANCE No. 8733-96 Passed by the Common Council of the City of South Bend,Indiana November 25, 19 96 ALL Attest: J:7 City Clerk LO' TALL iUDA Attest: ' President of Common Council Presented by me to the Mayor of the City of South Bend,Indiana November 26, 19 96 J .� � • I. A.A. City Clerk LORE T" D "A Approved and signed by me 27 19 96 r-771-944- • Mayor N ORDINANCE NO. ,. 5 7 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: O'Brien Street between Washington and Orange Streets 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 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 described as North O'Brien Street from the North right-of-way line of West Washington Street to the South right-of-way line of West Orange Street for a distance of approximately 397 feet in length and 40•feet in width; part located in College Grove Addition and Oak Grove Addition in the City of South Bend, 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: Lots 67)hrough 74 Lot 77 Lot"A" SECTION IV. The purpose of the vacation of the real property is to: Provide additional property for future expansion. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 85-96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: O'BRIEN STREET BETWEEN WASHINGTON AND ORANGE STREETS Respectfully report that they have examined the matter and that in their opinion, this bill has been recommend to the Council favorably. Sean Coleman Chairman STREET VACATION THE STREET TO BE VACATED IS DESCRIBED AS NORTH O'BRIEN STREET FROM THE NORTH RIGHT-OF-WAY LINE OF WEST WASHINGTON STREET TO THE SOUTH RIGHT-OF- WAY LINE OF WEST ORANGE STREET FOR A DISTANCE OF APPROXIMATELY 397 FEET IN LENGTH AND 40 FEET IN WIDTH; PART LOCATED IN COLLEGE GROVE ADDITION AND OAK GROVE ADDITION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Filed in Clerk's Office • SEP '3 0 1996 • LORETTA J. 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THE ALLEY DESCRIBED AS: The (1st/2nd) (east-west/north-south) ALLEY (east-west/north-south) of STREET, RUNNING(east-west/north-south) FROM STREET, FOR A DISTANCE OF APPROXIMATELY FEET TO: ALL IN (Insert subdivision name) B. THE STREET DESCRIBED AS: North O'Brien STREET, FROM West Washington STREET, R ( v_,�;A4 yi-=v/north TO West Orange STREET, FOR A DIpTAANC OF PROXIMATELY 397 FEET. NAME ( • ed Jd/?igned) ADDRESS 3,OT # A_ A ■ce p Uniroyal Technology Corporation Robert L. Soran 2 N. Tamiami Trail, Suite 900 Sarasota, FL 34236 Contact Person: Name: William Faust Address: 312 North Hill Street Mishawaka, IN 46544 Phone 356-8147 UNIROYAL TECHNOLOGY CORP S'''fl 101'., rk Office TWO NORTH TAMIAMI TRAIL SUITE 900 OLIVER J.JANNEY SARASOTA, FL 34236-5568 sFp 3 fl I 96 VICE PRESIDENT Telephone:('I41)3.1-2212 GENERAL COUNSEL&SECRETARY LOREYT6� ?1; .' ': •41)3.1-2214 September 30, 1996 crrYCLERK, ..,0 ND':,o Ms. Loretta Duda via AIRBORNE OVERNIGHT City Clerk City of South Bend Room 455, County-City Building South Bend, Indiana 46601 Re: Vacation of O'Brien Street, West Side of Old O'Brien Paint Facility Dear Ms. Duda: Mr. Robert Soran, the President of Uniroyal Technology Corporation, which recently purchased the facility located at 2001 West Washington Street, has discussed the vacation of O'Brien Street with Mr. John E. Leszczynski, the Director of Public Works. We now enclose a fully-completed and signed petition, and an original ordinance to vacate the property, together with the following: a) check in the amount of $150 payable to the City of South Bend; b) a legal description, together with a radius map indicating the lot numbers and key numbers of all property owners within 150 feet of the property to be vacated; c) one set of addressed envelopes, properly stamped for certified mail. with the appropriate receipts, to each property owner within 150 feet of the exterior boundaries of the property. We have excluded the lots that are owned by Uniroyal Technology Corporation. Should you require any additional documentation in connection with the vacating of O'Brien Street, please do not hesitate to contact the undersigned. Sincerely yours, IP Oliver J. ,an fror OJJ:rah enc. cc: Mr. John E. Leszczynski Mr. Robert L. Soran . •rrpr.�r rwr.... 5OUT8 O Ni',i�i ��/, mod': 1.' City of South Bend '_"� ,!r\� �� • Joseph E.Kernan,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 a Street 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 a Street, as follows: O'Brien Street between Washington and Orange Streets 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 that may be required. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sinperely, Angela Jacob, Cldrk 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