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HomeMy WebLinkAbout8550-94 Vacate - Alleys to e vacated are described as the first eastwest alley north of vacated E Sorin St, second east west alley north of vacated E Sorin St, first north south alley east of N Niles Ave < r ORDINANCE No. 8550-94 Passed by the Common Council of the City of South Bend, Indiana. November 28, 19 94 Attest: City Clerk IRENE K. GAMMON Attest: fee4tAt ��1�i.L, _�/% President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana_ November 29, 94 19 City Clerk IRENE K. GAMMON Approved and signed by me 1/-02? 1997'` `� "". - Z 44_4_, Mayor M ORDINANCE NO. g5 ' /p • AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WEST RIGHT-OF-WAY LINE OF N. NILES AVE. TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY (NEDDO CT. ) WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE SECOND EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WEST RIGHT-OF-WAY LINE OF N. NILES AVE. TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST VACATED NORTH-SOUTH ALLEY (NEDDO CT. ) WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE FIRST NORTH-SOUTH ALLEY (NEDDO CT. ) EAST OF N. NILES AVE. FROM THE SOUTH RIGHT-OF-WAY LINE OF THE FIRST EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST. , SOUTH FOR A DISTANCE OF APPROXIMATELY 60 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN COQUILLARD'S ADDITION TO THE CITY OF SOUTH BEND, 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 ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WEST RIGHT-OF-WAY LINE OF N. NILES AVE. TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY (NEDDO CT. ) WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE SECOND EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WEST RIGHT-OF-WAY LINE OF N. NILES AVE. TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST VACATED NORTH-SOUTH ALLEY (NEDDO CT. ) WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE FIRST NORTH-SOUTH ALLEY (NEDDO CT. ) EAST OF N. NILES AVE. FROM THE SOUTH RIGHT-OF-WAY LINE OF THE FIRST EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST. , SOUTH FOR A DISTANCE OF APPROXIMATELY 60 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN COQUILLARD'S ADDITION TO THE CITY OF SOUTH BEND, 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: Lot Numbered 3 in Coquillard's 1st Addition, to the City of South Bend, St. Joseph County, Indiana. SECTION IV. The purpose of the vacation of the real property is to: To permit development of adjacent property for use in conjunction with further development of facilities for Madison Center. SECTION V. Petitioner will grant the City of South Bend an easement across Petitioner's property for walkway access from a river walk which may be constructed by the City, to Niles Avenue, Utnmmtttrr Report Ufa tie Tontnwn Council of I1 (Mg of 0outll i�rnd: of the Whole Your Committee to whom was referred BILL NO. 102-94 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WEST RIGHT-OF-WAY LINE OF N. NILES AVE. TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH- SOUTH ALLEY (NEDDO CT. ) WEST OF N. NILES AVE. FORA DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE SECOND EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WEST RIGHT-OF-WAY LINE OF N. NILES AVE. TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST VACATED NORTH-SOUTH ALLEY (NEDDO CT. ) WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE FIRST NORTH=SOUTH ALLEY (NEDDO CT) EAST OF N. NILES AVE. FROM THE SOUTH RIGHT-OF-WAY LINE OF THE FIRST EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST. , SOUTH FOR A DISTANCE OF APPROXIMATELY 60 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN COQUILLARD'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion, This bill has been recommended to the Council favorable. Roland Kelly, Chairman ,..i eee e Saw /VRLIUNIN6 CO. • PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE tGt Z J , 1994 OF THE CITY OF SOUTH BEND INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE STREETS AND ALLEYS DESCRIBED AS: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST.FROM THE WEST RIGHT-OF-WAY LINE OF N.NILES AVE.TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY(NEDDO CT.)WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE SECOND EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST. FROM THE WEST RIGHT-OF-WAY LINE OF N. NILES AVE. TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST VACATED NORTH-SOUTH ALLEY (NEDDO CT.) WEST OF N. NILES AVE. FOR A DISTANCE OF APPROXIMATELY 179 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALSO, THE FIRST NORTH-SOUTH ALLEY(NEDDO CT.)EAST OF N. NILES AVE. FROM THE SOUTH RIGHT-OF-WAY LINE OF THE FIRST EAST-WEST ALLEY NORTH OF VACATED E. SORIN ST.,SOUTH FOR A DISTANCE OF APPROXIMATELY 60 FEET AND A WIDTH OF APPROXIMATELY 14 FEET.PART SITUATED IN COQUILLARD'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. WE HEREBY FILE THIS PETITION. NAME (printed and signed) ADDRESS LOT # Lots 4, 5 and 6 of Coquillard's 1st Addition MADISON CENTER, INC 403 East Madison South Bend, IN 46617 Key ## 18-5038-1334, 18-5038-1336 18-5038-1335,18-5038-1333,18-5038-1132 BY: I CliZtfu-LVt4 Jack Roberts TITLE: Executive Director 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 BRE 39006 October 10, 1994 ALLEY VACATION The alleys to be vacated are described as the first east-west alley north of vacated E. Sorin St. from the west right-of-way line of N.Niles Ave.to the west right-of-way line of the first north- south alley(Neddo Ct.)west of N.Niles Ave. for a distance of approximately 179 feet and a width of approximately 14 feet. Also,the second east-west alley north of vacated E. Sorin St. from the west right-of-way line of N.Niles Ave.to the west right-of-way line of the first vacated north-south alley(Neddo Ct.)west of N.Niles Ave. for a distance of approximately 179 feet and V width of approximately14 feet. Also,the first north-south alley(Neddo Ct.)east of N.Niles Ave. from the south right-of-way line of the first east-west alley north of vacated E. Sorin St., south for a distance of approximately 60 feet and a width of approximately 14 feet. Part situated in Coquillard's Addition to the City of South Bend,Indiana. - 0,,ilt\ - Cor)30 - - - -- -- --- 0 10 z.ST . �O /// 9-+•8-- / rW r 0 HAGERTY / I U ST. 34 33 32 31 30 J a 7 Q.. / / 36 37 38 39 40 4142 •n 6 0 • I 13 ji MN V' I FHAMMOND PL . z —3'— ° i 4 /� tIal 49 48 47 46 45 44 ® :......... ....:::::: ................ ,`.\ 4i� 7 �r— 54T ` 2— la A 3 Iri 50 51 52 53 55 56 Ar- 1 2\ 20 gClina — S T . II---- _© 2 1 > — _ -}- --8-- 63 62 61 60 59 58 57 ^— Q ——— rV,` - 4 a.O ��' Q0�© ® 0 1 O �� on© ,o I 3 P man pP , I w � I J 49 --82-- ~ 111 \ O Z 50 53 3414\ \ I ' 51 54 4 ST . G� H—f--i CEDAR • • NO. LM-4406 March 16, 1994 Mr. Bruce Bancroft Barnes and Thornburg 6th Floor 100 1st Source Center South Bend, IN 46601 Dear Mr. Bancroft: Pursuant to your request we have made a search of the records of St. Joseph County, Indiana, with reference to ownership of the real estate lying within 150 feet of the following described tract of land: The East and West alley running between Lots Five (5) and Six (6) and that portion of the North and South alley known as Neddo Court which runs from the South line of Lot Six (6) extended Westerly and the South line of Lot Four (4) extended Westerly all as shown on the recorded Plat of Coquillard's First Addition to the City of South Bend. and find the present owners to be: KEY NO. WEAN') ADDRESS 18-5038-1322 Madison Center, Inc. 403 E. Madison South Bend, IN 46617 18-5038-1324 Madison Center, Inc. 403 E. Madison South Bend, IN 46617 18-5038-1332 Madison Center, Inc. 403 E. Madison South Bend, IN 46617 18-5038-1333 Madison Center, Inc. 403 E. Madison South Bend, IN 46617 18-5038-1334 Madison Center, Inc. 403 E. Madison South Bend, IN 46617 18-5038-1335 Madison Center, Inc. 403 E. Madison South Bend, IN 46617 18-5038-1336 Madison Center, Inc. 403 E. Madison South Bend, IN 46617 18-5038-1325 Madison Center, Inc. 403 E. Madison South Bend, IN 46617 18-5038-1326 Madison Center, Inc. 403 E. Madison South Bend, IN 46617 18-5038-1327 Madison Center, Inc. 403 E. Madison South Bend, IN 46617 18-5038-1338 James J. Bamber & Josephine 601 N. Niles Avenue South Bend, IN 46617 18-5038-1339 James J. Bamber & Josephine 601 N. Niles Avenue South Bend, IN 46617 18-5038-1340 James J. Bamber & Josephine 601 N. Niles Avenue South Bend, IN 46617 18-5038-1341 James J. Bamber & Josephine 601 N. Niles Avenue South Bend, IN 46617 18-5038-1349 Bert Liss and Etta 710 N. Niles Avemue South Bend, IN 46617 18-5038-1350 Design Packaging Inc. 600 N. Niles Avenue South Bend, IN 46617 Respect !, lf///‘4e#/ • k My-rs President t , ,atrxzrrtt a�`SpU TH iN W e,� City of South Bend 9 l .� Joseph E. Kernan, Mayor ;:;r�� X21 �rz„, 1 t 865 .„-d) Board of Public Works November 7, 1994 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Petition to Vacate the first east-west alley north of vacated E. Sorin St. and the second east- west alley north of vacated E. Sorin St. and the first north-south alley(Neddo Ct.) east of N. Niles Ave. 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 by Madison Center, Inc., 403 East Madison, South Bend,Indiana,and indicating Mr. Jack Roberts,Executive Directory, Madison Center, Inc., of the same address,as the Contact Person,to vacate the following: The alleys to be vacated are described as the first east-west alley north of vacated E. Sorin St. from the west right-of-way line of N.Niles Ave. to the west right-of-way line of the first north- south alley(Neddo Ct.)west of N.Niles Ave. for a distance of approximately 179 feet and a width of approximately 14 feet. Also the second east-west alley north of vacated E. Sorin St. from the west right-of-way line of N.Niles Ave.to the west right-of-way line of the first vacated north-south alley(Neddo Ct.)west of N.Niles Ave. for a distance of approximately 179 feet and a width of approximately 14 feet. Also the first north-south alley(Neddo Ct.)east of N.Niles Ave.from the south right-of-way line of the first east-west alley north of vacated E. Sorin St., south for a distance of approximately 60 feet and a width of approximately 14 feet. Part situated in Coquillard's Addition to the City of South Bend, Indiana. 1308 County-City Building•South Bend,Indiana 46601.219/235-9412•TDD(219)235-5567 John E.Leszczynski James R.Caldwell Jenny Pitts Manier 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, Angela . Jacob; lerk Attachments •