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.
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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.
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•
•
) 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