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HomeMy WebLinkAbout8576-95 Vacate - 5 Feet off the south Right of Way of East Washington St ORDINANCE No. 8576-95 Passed by the Common Council of the City of South Bend, Indiana. February 13,x9 95 Attest: � '�,/ City Clerk IRENE K. GAMMON Attest: President o f Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 14, zg 95 , City Clerk IRENE K. GAMMON Approved and sir ed by me A5 zg95 oK Mayor ORDINANCE NO. 57 .— AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY- 5 FEET OFF THE SOUTH RIGHT-OF-WAY OF EAST WASHINGTON STREET FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH MICHIGAN STREET TO THE WEST RIGHT-OF-WAY LINE OF SOUTH ST. JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 333.01 FEET. 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 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: A part of Washington Street as shown on the original plat of the town (now City) of South Bend which is recorded in Plat Book 1, Page 2 and as shown on the Plat of River Bend Addition to the City of South Bend which is recorded in Plat Book 31, Page "R", St. Joseph County, Indiana, said part of Washington Street being more particularly described as follows: Beginning at the Northwest corner of Lot 46 of the original plat of the town (now City) of South Bend; Thence north 00 degrees 11'40"west, along the east line of Michigan Street, a distance of 5.00 feet; Thence north 89 degrees 47' 23" east a distance of 332.99 feet to the west line of St. Joseph Street; Thence south 00 degrees 24' 52" east, along the west line of St. Joseph Street, a distance of 5.00 feet tot he northeast corner of Lot 5 of River Bend Addition to the City of South Bend; Thence South 89 degrees 47' 23"west a distance of 333.01 feet to the point of beginning; Containing 0.038 acres, more or less. 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 17, 18, 25, 26, 44, 45 &46; original plat of South Bend Also Lot 5, River Bend Addition Also Block 3 &4, River Bend Addition to City of South Bend Also Tract A; River Bend Addition to City of South Bend SECTION IV. The purpose of the vacation of the real property is to: Best utilization of Hall of Fame Site SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and annroval by the Mayor • PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE January 10, 1995 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. 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: ':E,. Washington STREET, FROM S. Michigan STREET, RUNNING (east/iMO ttNWIW) TO St. Joseph STREET, FOR A DISTANCE OF APPROXIMATELY 333 FEET and a width of approximately 5 feet NAME (printed and sinned) ADDRESS LOT # South Bend Redevelopment Authority 1200 County-City Building 46 '& 5 South Bend, Indiana 46601 • CONTACT PERSON: IRENE GAMMON CITY CLERK Name Ann Kolata • RE: VACATION OF 5' OF WASHINGTON STREET • DESCRIPTIONS A PART OF WASHINGTON STREET AS SHOWN ON THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF SOUTH BEND WHICH IS RECORDED IN PLAT BOOK 1, PAGE 2 AND AS SHOWN ON THE PLAT OF RIVER BEND ADDITION TO THE CITY . OF SOUTH BEND WHICH IS RECORDED IN PLAT BOOK 31, PAGE "R", ST. JOSEPH COUNTY, INDIANA, SAID PART OF WASHINGTON STREET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 46 OF THE ORIGINAL PLAT OF THE TOWN (NOW CITY) OF SOUTH BEND; THENCE NORTH 00•11'40" WEST, ALONG THE EAST LINE OF MICHIGAN STREET, A DISTANCE OF 5.00 FEET; THENCE NORTH 89•47'23" EAST A DISTANCE OF 332.99 FEET TO TEE WEST LINE OF ST. JOSEPH STREET; THENCE SOUTH 00•24'52" EAST, ALONG THE WEST LINE OF ST. JOSEPH STREET, A DISTANCE OF 5.00 FEET TO THE NORTHEAST CORNER OF LOT S OF RIVER BEND ADDITION TO THE CITY OF SOUTH BEND; THENCE SOUTH 89.47'23" WEST A DISTANCE OP 333.01 FEET TO THE POINT OF BEGINNING. CONTAINING 0.038 ACRES, MORE OR LESS. 1 I 1 r......,.)'I O 6 In ` 9 I 4 II 5 6 II 1 I Z < COLFAX CD \ 1 113 — 24 I_ —_ I U C...." \s„,0 23 - -4t - - - -- - s� �e\\\\\ 22 15 —— — —— �. -o,s, �/ -7 y 'Q 4 / 3 Cr.6 1 I 16 / \V_\\ \_,.._ ___\ 1 / ( R.0 '.119 I 1 Lss. I 11 WASH I--- \-.. GTON ST . \ N ) ,p 36 I I i 12t _ 46 1 ,mot�'ib L 35 I I I I2;-- 45 1 s �- IIIr —— 1 — Z _ — — 27 — — 44 I CL .-----\... — —— — -- - - - - - — I w — 133 - - � - - - - � - - � 38 1n 4 — n - - - - +*0 - - - - 44 - - W 39 cc 31 ' 41 Q 40 1; :.4:EFFE;RS0N BLVD . S 4 4, 29 I Iii, EE ::. 84..6` .. Q i r .., fIn nuttli t arpnrt Oki the fdummun Qtounrii of tip tnig of tbonth 140: Your Committee of the Whole to whom was referred BILL NO. 2-95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 5 FEET OFF THE SOUTH RIGHT-OF-WAY OF EAST WASHINGTON STREET FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH MICHIGAN STREET TO THE WEST RIGHT-OF-WAY LINE OF SOUTH ST. JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 333.01 FEET 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 aNtaND PUBLISHING CO. �ytr(ccry!jurrrrr yyo4 gOU IN/B��O • • ) City of South Bend Joseph E. Kernan. Mayor r,a.,18657P-1" Board of Public Works February 6, 1995 Members of the Common Council • Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Petition to Vacate a Portion of E.Washington 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 Petition to vacate the following: 5 feet off the south right-of-way of East Washington Street from the east right-of-way line of South Michigan Street to the west right-of-way line of South St. Joseph Street for a distance of approximately 333.01 feet. 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 this vacation. Sincerely, • 'a• Angela' . Jacob, lerk 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