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Home My WebLink About8641-95 Vacate - East Madison St from East line of First North South Alley East of North Michigan ORDINANCE No. 8641-95 Passed by the Common Council of the City of South Bend, Indiana. December 18, /9 95 Attest: '"` City Clerk IRENE K. GAMMON Attest: _ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— December 19, �9 95 City Clerk IRENE K. GAMMON Approved and signed by me �� a-c) zg °tom' A Mayor t ' cic ORDINANCE NO. SUIr / �. ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY - EAST MADISON STREET FROM THE EAST LINE OF THE FIRST NORTH SOUTH ALLEY EAST OF NORTH MICHIGAN STREET TO THE WEST LINE OF SAINT JOSEPH RIVER PART SITUATED IN THE ORIGINAL PLAT 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: EAST MADISON STREET FROM THE EAST LINE OF THE FIRST NORTH SOUTH ALLEY EAST OF NORTH MICHIGAN STREET TO THE WEST LINE OF SAINT JOSEPH RIVER PART SITUATED IN THE ORIGINAL PLAT 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 NUMBERED ONE HUNDRED THIRTY-THREE ( 133) , ONE HUNDRED THIRTY-FOUR ( 134 ) AND ONE HUNDRED THIRTY-FIVE ( 135) AS SHOWN ON THE RECORDED ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, TOGETHER WITH THE WEST 1 OF THE VACATED SAINT JOSEPH STREET, LYING EAST AND ADJACENT TO LOTS NUMBERED 133, 134 AND 135. SECTION IV. The purpose of the vacation of the real property is to: ENHANCE THE NORTHERLY ADJACENT PROPERTY. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Counci and approved by the Mayor. i La(' / 4114 Membe 'of ipprCommon Council • (lnmmlttn arpur# Uhl tie Mluranwn Qtounril of tip CV of*until Bra: Your Committee of the Whole to whom was referred BILL NO. 79-95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - EAST MADISON STREET FROM THE EAST LINE OF THE FIRST NORTH SOUTH ALLEY EAST OF NORTH MICHIGAN STREET TO THE WEST LINE OF SAINT JOSEPH RIVER PART SITUATED IN THE ORIGINAL PLAT 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. Cleo Washington, Chairman FREE PRESS af46310 PUBLISHING CO. 1 1 Street Vacation The street to be vacated is described as East Madison Street from the east line of the first north- south alley east of North Michigan Street to the west line of the Saint Joseph River.Part situated in Original Plat of South Bend, Saint Joseph County, Indiana. Filed In Clerk's Office 3 NOV 171995 IRENKN C YC&RK,SO VEIDIN. "I IL/ I I MARION ST= 1 < 7s Y / ' e' y ... ..:., ,„:„, MADISON S 1 M I L L R A C E • PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE CONHON COUNCIL DATE OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: • . THE ALLEY DESCRIBED AS: The (let (east-west/north-south) ALLEY (east/west •rth/south) of STREET, RUNNING (east/we: orth/south) FROH STREET, FOR A DIST k OF APPROXIMATELY FEET TO: • L IN (insert subdivision name) B. THE STREET DESCRIBED AS: EAST MADISON STREET FROM THE EAST LINE OF THE FIRST NORTH SOUTH ALLEY EAST OF NORTH MICHIGAN STREET TO THE WEST LINE OF THE SAINT JOSEPH RIVER. PART SITUATED IN ORIGINAL PLAT OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. NAME (printed and signed) ADDRESS LOT # MILTON, INC. -pp P.O. Box 5027 133, 134, 135 By & ,[1.( Mishawaka, IN 46545 0 P of South Bend Thomas E. Squib , President CONTACT PERSON: IRENE GAMMON CITY CLERK Name EDWARD W. HARDIG, ATTORNEY •�� . .. 7(1F Tn7 .TFPFRACIIM RT.Vn CTTTTP 5f17 t4. ti'UTN j `y+,4 � 1 / F4o • City of South 1./ / • 4 Joseph E. Kernan. Mayor ti J865��01 Board of Public Works December 11, 1995 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 4'6601 RE: Vacation of 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 on the following: East Madison Street from the east line of the first noth south alley east of North Michigan Street to the west line of Saint Josph River. Part situated in the original plat of South Bend,St.Joseph County, Indiana 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 any utility easements 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, ; - : i, A Angela K. Jacob, erk Attachments 1308 County-City Building•South Bend,Indiana 46601.219/235-9412•TDD(219)235-5567 John E.Leszczynski James R.Caldwell Jenny Pius Manier