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Home My WebLink About8640-95 Vacate First West Alley North of West Marion St ORDINANCE No. 8640-95 Passed by the Common Council of the City of South Bend, Indiana_ December 18, /9 95 Attest: °�` -� � City Clerk IRENE K. GAMMON Attest: ��r� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— December 19, i9 95 City Clerk IRENE K. GAMMON Approved and signed by me � � '9 qs- '- - Mayor ORDINANCE NO. g 64/6-96 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY THE FIRST EAST-WEST ALLEY NORTH OF WEST MARION STREET FROM THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH MICHIGAN STREET TO THE WEST RIGHT-OF-WAY LINE OF NORTH, MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. THIS ALLEY IS SITUATED IN THE ORIGINAL TOWN 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 EAST-WEST ALLEY NORTH OF WEST MARION STREET FROM THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH MICHIGAN STREET TO THE WEST RIGHT-OF- WAY LINE OF NORTH MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. THIS ALLEY IS SITUATED IN THE ORIGINAL TOWN OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA hereby determines that it is desirable to vacate said property, subject to an Easement Agreement which shall be recorded by the petitioner with a copy being filed with the City Clerk. 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 Numbered 151, 152 and 153 as shown on the Plat of the Original Town of South Bend, Indiana SECTION IV. The purpose of the vacation of the real property is to: To permit parking on the alley as well as the two adjacent parcels, north and south of the said alley which are owned by the Petitioner SECTION V. This ordinance shall be in full force and effect fanmmtttrt &port Oho the (Itomman (aonntil of ttEe faitg of*until end: Your Committee of the Whole to whom was referred BILL NO. 66-95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE FIRST EAST-WEST ALLEY NORTH OF WEST MARION STREET FROM THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH MICHIGAN STREET TO THE WEST RIGHT-OF-WAY LINE OF NORTH MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. THIS ALLEY IS SITUATED IN THE ORIGINAL TOWN OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BETWEEN LOTS 147 AND 148 Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. The substitute bill as filed was amended as follows: The following language shall be added to the end of Section I : . . .subject to an Easement Agreement which shall be recorded by the petitioner with a copy being filed with the City Clerk. Cleo Washington, Chairman FREE PRESS oFeaPP, PUBLISHING CO. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE: October 26, 1995 OF THE CITY OF SOUTH BEND INDIANA THE UNDERSIGNED PROPERTY OWNER PETITIONS YOU TO VACATE: A. THE ALLEY DESCRIBED AS: THE FIRST EAST-WEST ALLEY NORTH OF WEST MARION STREET FROM THE EAST RIGHT- OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH MICHIGAN STREET TO THE WEST RIGHT-OF-WAY LINE OF NORTH MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. THIS ALLEY IS SITUATED IN THE ORIGINAL TOWN OF SOUTH BEND,ST.JOSEPH COUNTY,INDIANA BETWEEN LOTS 147 AND 148. WE HEREBY FILE THIS PETITION AND REQUEST ITS APPROVAL NAME (printed and signed) ADDRESS LOT# MEMORIAL HOSPITAL OF 615 North Michigan Lots 147, 156, 155, 154, 145, 146, 147 SOUTH BEND INC. South Bend, IN 46601 148, 149, 150, 129, 128, 127, 126, 125, 124 in the original Town of the City of South Bend Indiana i BY: Philip ewbold TITLE: President and Chief Executive Officer CONTACT PERSON: IRENE GAMMON Name Bruce R. Bancroft, Esq. CITY CLERK Address Barnes&Thornburg ROOM 455 600 1st Source Bank Center COUNTY-CITY BUILDING 100 North Michigan SOUTH BEND, IN 46601 South Bend, IN 46601 Phone (219) 233-1171 MN in Chides Office SBAS02 BRB 79446-10/24/95 October 18, 1995 Alley Vacation The alley to be vacated is described as the first east-west alley north of West Marion Street from the east right-of-way line of the first north-south alley west of North Michigan Street to the west right-of-way line of North Michigan Street for a distance of approximately 165 feet and a width of 14 feet. Part situated in Original Town of South Bend, St. Joseph County, Indiana. Flied In Clerk's Office NOV 6 1995 cnvas so , am 0 NAVARRE .: °!�s spa. i , .;-:: 0 ''' , - : .9- wo- „„ „. ,. . ill"zz.„„ , rA ' 0 .s £✓; Z MARION ♦ ' \C {f, - I !,/, tLl7) .,,,,Liz l•)\n (ZI')) ,$) v/_?t a 4 ,;OU TH e<eia 7o \ II it,� � 4/ ` " N\\\..- `P� % �; City of South Bend �W� \r.ncr •. `,1, �� , Joseph E. Kernan, Mayor ` ,zz,, /865 t.,:�� Board of Public Works November 27, 1995 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of 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 on the following: The first east-west alley north of West Marion Street from the east right-of-way line of the first north- south alley west of North Michigan Street to the west right-of-way line of North Michigan Street for a distance of approximately 165 feet and a width of 14 feet. This alley is situated in the original Town of South Bend, St. Joseph County,Indiana between Lots 147 and 148. For your information, the Board of Public Works received favorable recommendations from the Department of Economic Development, Department of Sanitation, City Attorney's Office, Fire Department,Police Department,Division of Engineering and the Area Plan Commission concerning this vacation, subject to all easements and utilities that may be required. Copies of the recommendations received from these departments are attached for your review. Therefore, the Board submits to you a favorable recommendation concerning these vacations. Sincerely, Angela . Jacob, C erk Attachments 1308 County-City Building•South Bend,Indiana 46601.219/235-9412•TDD(219)235-5567 John E.Leszczynski James R.Caldwell Jenny Pitts Manier