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HomeMy WebLinkAboutVacate - First North South Alley East of South Main St ORDINANCE No. 8653-96 Passed by the Common Council of the City of South Bend, Indiana_ January 08, 96 Y9 NINA. ■ ■ A• : : L%! City Clerk ORET 'A J D DA Attest: A ' / - '- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— January 09, 96 i9 _. _ City Clerk ' •ETTI J. D. " Approved and signed by me 9_ 62'144' Mayor • ORDINANCE NO. g653- 9� AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first north-south alley east of South Main Street running south from West Garst Street; and the first east-west alley west of South Michigan Street running west from South Michigan Street situated in the City of South Bend, 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 first north-south alley east of South Main Street from the south right-of-way line of West Garst Street to the south line of the first east-west alley south of West Garst Street for a distance of approximately 264 feet and a width of approximately 14 feet; and the first east-west alley south of West Garst Street from the east line of the first north-south alley east of South Main Street to the west line of South Michigan Street, for a distance of approximately 165 feet and a width of approximately 14 feet, situated 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: Lot # - Legal Description - Tax Key No. - Owner Lot #18 - 34 'E END LOT 18 & 34 'E END & 23 'N SIDE LOT 17 SOUTH BEND CITY Tax Key No. 18-8003-0140 owner: Joseph A. Gorny; Lot #17 - 23 ' N SIDE W 1/2 LOT 17 & 10 ' S SIDE W 1/2 LOT 18 SOUTH BEND CITY Lot #16 - LOT 16 AND S 43 ' OF LOT 17 SOUTH BEND CITY Tax Key No. 18-8003-0145 owner: Joseph A. Gorny; Lot #4 - LOT 4 STUDEBAKER CORRIDOR FOURTH MINOR SUBDIVISION Tax Key No. 18-8003-0147 owner: South Bend Firefighters Federal Credit Union; Lot #9 - LOT 9 SOUTH BEND CITY Tax Key No. 18-8003-0150 owner: Mary Lee Tomaszewski; Lot #10 - 38 'N END & 28 'S SIDE LOT 10 SOUTH BEND CITY Tax Key No. 18-8003-0151 owner: Joseph A. Gorny; Lot #11 - LOT 11 SOUTH BEND CITY Tax Key No. 18-8003-0152 owner: Bluie Marks; Lot #12 - N 1/2 LOT 12 SOUTH BEND CITY Tax Key No. 18-8003-0153 owner: Rachielle Sheila Dekel; Lot #12 - S 1/2 LOT 12 Tax Key No. 18-8003-0154 owner: Bluie Marks; Lot #1 - LOT 1 & PORTION OF VAC ALLEY E & ADJ STUDEBAKER CORRIDOR SECOND MINOR SUBDIVISION Tax Key No. 18-8003-0156 owner: Lester J. Fox, President, Real Services Housing Inc. ; Lot #2 - LOT 2 & W 1/2 VAC ALLEY E & ADJ STUDEBAKER CORRIDOR FIRST MINOR SUB Tax Key No. 18-8004-0191. owner: South Bend Policemen's Federal Credit Union. SECTION IV. The purpose of the vacation of the real property is to: reduce the amount of vehicle traffic going through the alleys; reduce the noise from vehicle traffic; as a result of vehicles using these alleys as thoroughfares, vehicles are being carelessly driven over the privately-owned property that abuts these alleys causing damage to that property; eliminate the cost to those property owners in having to repair the property damage; make the area more secure and safe; prevent crime and loitering; and make the area less conducive to crime by eliminating the use of these alleys as a measure to perpetrate criminal activity. 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 ommon •.uncil PETITION TO VACATE THE FOLLOWING DESCRIBED ALLEYS: The first north-south alley east of South Main Street from the south right-of-way line of West Garst Street to the south line of the first east-west alley south of West Garst Street for a distance of approximately 264 feet and a width of approximately 14 feet; and the first east-west alley south of West Garst Street from the east line of the first north-south alley east of South Main Street to the west line of South Michigan Street, for a distance of approximately 165 feet and a width of approximately 14 feet, situated in the City of South Bend, St. Joseph County, Indiana. TO THE COMMON COUNCIL December / 1995 OF THE CITY OF SOUTH BEND, INDIANA SOUTH BEND FIREFIGHTERS FEDERAL CREDIT UNION, THE UNDERSIGNED PROPERTY OWNER, PETITIONS THE SOUTH BEND COMMON COUNCIL TO VACATE THE ALLEYS DESCRIBED AS: The first north-south alley east of South Main Street from the south right-of-way line of West Garst Street to the south line of the first east-west alley south of West Garst Street for a distance of approximately 264 feet and a width of approximately 14 feet; and the first east-west alley south of West Garst Street from the east line of the first north-south alley east of South Main Street to the west line of South Michigan Street, for a distance of approximately 165 feet and a width of approximately 14 feet, situated in the City of South Bend, St. Joseph County, Indiana. Board of Directors SOUTH BEND FIREFIGHTERS FEDERAL CREDIT UNION 1122 South Main Street South Bend, IN 46601 arm BY: 7i„4,__A a�t���✓ Daniel Plencner, President Owner of Lot No. 4, STUDEBAKER CORRIDOR FOURTH MINOR SUBDIVISION CONTACT PERSON: James A. Masters (#9074-71) William Washienko (#17122-71) NEMETH, FEENEY & MASTERS, P.C. 307 Norwest Bank Building 112 West Jefferson Boulevard South Bend, IN 46601 (219) 234-0121 Attorneys for Petitioner, South Bend Firefighters Federal Credit Union December 6, 1995 Alley Vacation The alleys to be vacated are described as the first north-south alley east of South Main Street from the south right-of-way line of West Garst Street to the south line of the first east-west alley south of West Garst Street for a distance of approximately 264 feet and a width of approximately 14 feet; and the first east-west alley south of West Garst Street from the east line of the first north-south alley east of South Main Street to the west line of South Michigan Street, for a distance of approximately 165 feet and a width of approximately 14 feet. Parts situated in South Bend City, Saint Joseph County, Indiana. __I _ „, .. .„.., ,,,,,, ..w... , . . ..,.. ..,.,.,..i ....._....._ • i. It& . a .< GARST T. .... tt W [ 1 .10 1 i % % ,- / t t %._..__ ELDER ti , .,....._... ....._ /--_ /_ _ .s _ —_. ; F ' s 1 .,. iiiiw„,z„,.. , Z Z ,' tj _ ..... t- R O 1. e J Z �t.. 2 n r 1 �, 9� I �° PiR1S I 0° hh ,.. . r ab STULL ST, .. I Filed in Cierl(s Office DEC 1 3 1995 • U ENEQAMMON CITYCLERK,SO.BEND,ltd NEMETH, FEENEY & MASTERS PETER F. NEMETH(1915-1995) ATTORNEYS AT LAW OF COUNSEL: PROFESSIONAL CORPORATION F. GERARD FEENEY DEVERE D. GOHEEN JAMES A. MASTERS SUITE 307 GEORGE S. STRATIGOS NORWEST BANK BUILDING REIN SCHROEDER MARYELLEN A. BAKER 112 WEST JEFFERSON BOULEVARD JOSEPH S. DONNELLY WILLIAM WASHIENKO SOUTH BEND, INDIANA 46601 NEW CARLISLE OFFICE: TELEPHONE (219) 234-0121 115 EAST MICHIGAN STREET (219) 233-9449 NEW CARLISLE,INDIANA 46552 TELEFAX(219) 234-3141 TELEPHONE(219)654-3722 December 19, 1995 Irene Gammon City Clerk Room 455 County-City Building South Bend, IN 46601 RE: Petition to Vacate Alleys Submitted by the South Bend Firefighters Federal Credit Union. Dear Ms. Gammon: It has come to my attention that the list given to me by the City of South Bend, containing the names and addresses of those owning property within 150 feet of the property that our client is seeking vacate, failed to contain a property owner. The property owner's name is Rachielle Sheila Dekel. She owns the north half of Lot #12; legally described as: N 1/2 LOT 12 SOUTH BEND CITY; and listed as Tax Key No. 18-8003-0153 . According to the City's tax records, Ms. Dekel resides at 871 7th Ave. , New York, NY, 10019. In the light of that fact, enclosed is a new copy of the ordinance, list of names and addresses of property owners within 150 feet of the proposed vacated property, and addressed envelope, all containing her name and address. Thank you for your kind attention to this matter. Sincerely, William Washienko F:\CLIENTS\SBFCU\VACAT2.LTR Enclosures cc: South Bend Firefighters Federal Credit Union S ♦ finututlttrr Erpnrt aio the Mammon @Ionnril of tip (Iitg of*suit! Brno: Your Committee of the Whole to whom was referred BILL NO. 87-95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY EAST OF SOUTH MAIN STREET RUNNING SOUTH FROM WEST GARST STREET; AND THE FIRST EAST-WEST ALLEY WEST OF SOUTH MICHIGAN STREET RUNNING WEST FROM SOUTH MICHIGAN STREET SITUATED IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable) as amended by substitution. Chairman Cleo Washington, FREE PRESS PUBLISHING CO.