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Home My WebLink About8606-95 Vacate - First North South Alley West of S. Franklin St. r 1 • .,r t ORDINANCE No. 8606-95 Passed by the Common Council of the City of South Bend, Indiana_ July 10, 19 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 July 11, 95 19 ld °-�'�-- City Clerk IRENE K. GAMMON Approved and signed by me —7//7 '99'5 of Mayor t c y SUBSTITUTE BILL NO. 20-95 ORDINANCE NO. gj - AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY WEST OF S. FRANKLIN ST. , FROM THE NORTH RIGHT-OF-WAY LINE OF W. INDIANA AVE. , NORTH FOR A DISTANCE OF APPROXIMATELY 121.64 FEET AND A WIDTH OF APPROXIMATELY 14 FEET, THENCE NORTHWESTERLY AND PARALLEL TO THE PENN CENTRAL RAIL ROAD RIGHT-OF-WAY FOR A DISTANCE OF APPROXIMATELY 63 FEET AND A WIDTH OF APPROXIMATELY 14 FEET, PART SITUATED IN STULL'S FOURTH ADDITION TO THE CITY OF SOUTH BEND. STATEMENT OF PURPOSE AND INTENT: Pursuant to Indiana Code Section 36-7-3-12, the..Common Council of the City of South Bend is charged with the authority to hear all petitions to vacate public ways or public places within the City. This 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 west of S. Franklin St. , from the north right-of-way line of W. Indiana Ave. , north for a distance of approximately 121.64 feet and a width of approximately 14 feet, thence northwesterly and parallel to the Penn Central Rail Road right-of-way for a distance of approximately 63 feet and a width of approximately 14 feet. Part situated in Stull's Fourth Addition to the City of South Bend, 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: The following property located in Stull's 4th Addition to the City of South Bend: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 51, 52, 53, 54, 55, and 56; the following property located in Stull's 1st Addition to the Town of Myler: Lots 65, 66, 67, 68, 69, 70; and the lots between railroads north and adjacent to Stull's 4th Addition in Portage Township Section 14-37-2E, being Key Nos. 18-8027-1104.01 and 18-8027-1104.02. SECTION IV. The purpose of the vacation of the real property is to enable Keener Printing, Inc. , to expand its facilities at its West Indiana Avenue location and to increase its employment and its investment in the Urban Enterprise Zone and the Sample-Ewing Development Area. 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. i • June 7, 1995 ALLEY VACATION The alleys to be vacated are described as the first north-south alley west of S. Franklin St., from the north right-of-way line of W. Indiana Ave.,north for a distance of approximately 121.64 feet and a width of approximately 14 feet, thence northwesterly and parallel to the Penn Central Rail Road right-of-way for a distance of approximately 63 feet and a width of approximately 14 feet. Part situated in Stull's Fourth Addition to the City of South Bend. 1 <7 I 13 1 14 41 • 6 I 15 .0).c9..49 –21---- ----2t---- F. ^---c3-- 11 , E 50 N A^O ) L_.__.f•s45 51 23 ,_A� --. \ 1J `fit C' 53 CC 1 p sF Sa ‘- P' 11 li f3 ' I 27 21 23 24 Q 20 19 11 17 13 12 11 10 6 5 4 62 a F– 1 1 V 1 . II INDIANA AVE . 'o. A ss 36 37 31 31 40 41 42 i A ' 0. Z S T U L L 1 S 43 « <S 46 4 - H 31 32 S < 51 J 47 45 49 ^59- I"– Y I— Z cn 29 26 15 14 Q 1 }` W 30 27 16 13 — 2 6 J , 31 26 17 12 �� J 3 37 1 32 25 18 rj i1 — 1 33 24. 1 S 19 10 S Z U L3 3< 20 9 6 .- Filed in Clerk's Office JUN 1. 9 r rENECAMMcn CITYCL•ERU,so, MU 5 i • AMENDED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE June 6 , 1995 OF THE CITY OF SOUTH BEND, INDIANA THE UNDERSIGNED PROPERTY OWNER PETITIONS YOU TO VACATE THE FOLLOWING ALLEY AND THE FOLLOWING PORTION OF AN ALLEY, DESCRIBED AS: The first north-south alley west of S. Franklin St . , from the north right-of-way line of W. Indiana Ave. , north for a distance of approximately 121. 64 feet and a width of approximately 14 feet, thence northwesterly and parallel to the Penn Central Rail Road right-of-way for a distance of approximately 63 feet and a width of approximately 14 feet. Part situated in Stull ' s Fourth Addition to the City of South Bend. NAME (printed and signed) Address Lot # Barbara Keener 411 W. Indiana Ave. , 1, 2, 4, 5, 6 South Bend, Indiana 46613 ` s a- ' CONTACT PERSON: Eugenia S. Schwartz NICKLE & PIASECKI 205 W. Jefferson Blvd. ,;, Suite 600 South Bend, Indiana 46601 • ` Phone: (219) 232-4747 t1 Telefax (219) 232-4904 SA? fimttmtfln Rood Ma fie Qlinnntan ffoutuil of tip Min of F+out limb: of the Whole Your Committee to whom was referred BILL NO. 20-95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY WEST OF SOUTH FRANKLIN STREET ON WEST INDIANA, AND A PORTION OF THE EAST-WEST ALLEY PARALLEL TO WEST INDIANA AVENUE CONTINUING WEST THEREFROM A BILL APPROPRIATING $1,104, 779 .03 WITHIN VARIOUS ACCOUNTS OF THE LOCAL ROADS AND STREETS FUND 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. Cleo Washington, Chairman x�`SpUTH Bt1Q -� E �� City of South Bend Joseph E. Kernan, Mayor �ttt2z/865��1 Board of Public Works June 27, 1995 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of a Portion of Alley Requested by Keener Printing 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 Portion of Alley on the following: The first north-south alley west of S. Franklin St., from the north right-of-way line of W. Indiana Ave., north for a distance of approximately 121.64 feet and a width of approximately 14 feet, thence northwesterly and parallel to the Penn Central Rail Road right-of-way for a distance of approximately 63 feet and a width of approximately 14 feet. Part situated in Stull's Fourth Addition to the City of South Bend. 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. 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 K.'acob, Cle k 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