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SUBSTITUTE ORDINANCE NO. d V 9~J- N
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, VACATING TUTT STREET FROM MAIN STREET TO THE
FIRST NORTH-SOUTH ALLEY WEST OF MICHIGAN STREET AND
VACATING THE FIRST NORTH-SOUTH ALLEY EAST OF MAIN
STREET FROM TUTT" STREET, TO THE SOUTH TO THE FIRST
EAST-WEST ALLEY NORTH OF TUTT STREET, TO THE NORTH
STATEMENT OF PURPOSE AND INTENT
Pursuant to I.C. 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 of South Bend. The City of South
Bend Department of Redevelopment and. Schafer Gear Works, Inc. ,
owners of the certain property have petitioned the Common Council
to vacate a certain public rights-of-way which that property
abuts.
This Ordinance vacates the below-described public right-of-way
as petitioned.
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,
Indiana having held a public hearing on the petition of the City
of South Bend Department of Redevelopment and Schafer Gear Works,
Inc. , to vacate the following described right-of-way in South
Bend, St. Joseph County, Indiana:
Tutt Street, from Main Street to the first north-
south alley west of Michigan Street,
and
The first north-south alley east of Main Street
from Tutt Street, to the south to the first
east-west alley north of Tutt Street, to the
north
hereby determines that it is desirable and in the best interests of
the City to vacate said public right-of-way and does hereby vacate
said public right-of-way.
Section II. The City of South Bend, Indiana hereby reserves the
rights and easements of all utilities and 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 and to the extent such rights are
released by the individual utilities.
Section III , The following property, owned by the indicated
parties, may be beneficially affected by such vacation:
Name & Address Legal Description
South Bend Department of LOTS 252 253 254 & TRI PART
Redevelopment NW CORNER LOT 255
1200 County-City Building D GARSTS 1ST ADDITION
•
GARSTS SUB
KEY #18 3042 1629
Schafer Gear Works, Inc. 30 x 76 FT SW COR LOT 257
814-820 South Main Street D GARST 1ST ADD
P.O. Box 986 KEY #18 3041 1582
South Bend, IN 46624
40 X 88.5 FT SW PT LOT 258
D GARST 1ST ADD
KEY #18 30411584
30 X 62.5' SE PT LOT 257 & 50'
D SIDE LOT 258
D GARST 1ST ADD
KEY #18 30411585
27 FT N. SIDE LOT 257
D GARST 1ST ADD
KEY #18 3041 1581
LOTS 257 & 258
D GARST 1ST ADD
KEY #18 3041 1583
LOT 211 EX SO 34' & E. 1/2 VAC
ALLEY W & ADJ & LOT 212 EX SO.
34'
D GARST 1ST ADD
KEY #18 3042 1631
34' SO END LOTS 260, 211 & 212
& 14' VAC ALLEY SO & ADJ AND
12' VAC ALLEY BET LOTS 260 &
211 D GARSTS 1ST ADDN
KEY #18 3042 1628
LOTS 213. THRU 220 EX 24.5' SO
END E.W. & N.S. VAC ALLEYS
D GARST 1ST ADD
KEY #18 3042 1621
LOT 213 EX 24.5' SO END TO CITY
FOR STREET
D GARST'S 1ST ADDN
KEY #18 3042 1627
LOTS 109 & 110
D GARST 1ST ADD
KEY #18 3041 1586
LOT 109
D GARST 1ST ADD
KEY #18 3041 1587
Section IV. The purpose of the vacation of said right-of-way is
to allow for the redevelopment of those parcels of the
above-referenced property which abut said right-of-way and which are
owned by Petitioners.
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.
Adopted this 024 -4 day of 60, 7 , 1994.
mmwmEmmimmL
PETITION TO VACATE PUBLIC RIGHT-OF-WAY
To: The Common Council of the
Date:
City of South Bend, Indiana
The City of South Bend, Department of Redevelopment and Schafer
Gear Works, Inc. ,
owners of those parcels of property as identified
below, certain of which parcels abut the following-described
South Bend,
rights-of-way, PETITION the Common Council of the City So Joseph
Indiana to VACATE t a PUBLIC UCe REEET located- in South Bend:
County, Indiana, aas:
Tutt Street, from Main
north-south alley east of Main
and PETITION the CommenPUBL the City of
n South. Bend,
Indiana, to VACATE
St. Joseph County, Indiana, and described_ as:
The first north-south alley east of Main Street
from Tutt Steetntof south, to
east-west alley orth
north.
The petitioned vacation is proposed in order to allow
redevelopment of the property listed below and owned by p etitioners.
The following properties with respective owners noted, are
situated within one hundred fifty feet (150' ) of the exterior
boundaries of the street petitioned to be vacated:
Name & Address
Legal Descri tp ion
South Bend Department of LOTS 252 253 254 & TRI PART
Redevelopment NW CORNER LOT 255
1200 County-City Building D GARSTS 1ST ADDITION
#183042 1630
South Bend, Indiana 46601
LOT 1 STUDEBAKER CORRIDOR
1ST MINOR SUB
KEY #18 3042 1630
30 FT N SIDE LOT 260 AND W 1/2 VAC
ALLEY E AND ADJ
GARSTS SUB
KEY #18 3042 1629
Schafer Gear Works, Inc. 30 x 76 FT SW COR LOT 257
814-820 South Main Street D GARST 1ST ADD KEY #18 3041 1582
P.O. Box 986
South Bend, IN 46624
BRONSON STREET
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Ot ntintttnn latpnrt
coo
tile &mnwn (Qonnril of the faitg of'onttt Bend:
Your Committee
of the Whole
to whom was referred -._ _ - -
BILL NO.
23-94 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, VACATING TUTT STREET FROM MAIN
STREET TO THE FIRST NORTH-SOUTH ALLEY EAST OF MAIN STREET
AND VACATING THE FIRST NORTH-SOUTH ALLEY EAST OF MAIN
STREET FROM TUTT STREET, TO THE SOUTH TO THE FIRST EAST-
WEST ALLEY NORTH OF TUTT STREET, TO THE NORTH.
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
SpU TH 8 .,. .
•
U Nom.\• i% '2..
Iva 1,,i-'4`7 °` City of South Bend
, $ Joseph F. Kernan, Mayor
+�
1.865 .. .Jo''•
Community & Economic Development
Jon R.Hunt Ann E.Kolata
Executive Director Deputy Executive Director
March 7, 1994
Ms.. Ann Puzzello, President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: An Ordinance of the Common Council of the City of
South Bend, Indiana Vacating a Portion of Tutt
Street and an Adjacent Alley
Dear Mrs. Puzzello:
I am enclosing for filing an Ordinance vacating Tutt. Street,
from Main Street to the first north-south alley east of Main
Street and vacating the first north-south alley east of Main
Street from Tutt Street to the first east-west alley north of
Tutt Street. I am also enclosing the Petition signed by Schafer
Gear Works, Inc. , and the:_ City of South Bend, Department of
Redevelopment, requesting these vacations.
The Department of Redevelopment and Schafer Gear Works,
Inc. , own the property abutting these rights-of-way. The
Redevelopment Commission has accepted the offer of Schafer Gear
Works, Inc. , to purchase and develop the Redevelopment-owned
land, for the expansion of Schafer' s business. That development
contemplates and would be facilitated by the vacation of the
alley and portion of Tutt Street in. question.
Your favorable consideration is respectfully requested.
Sincerely,
on R. Hunt //4(4/7...
Executive Director
JRH/j l
Attac17tounty-City Building•South Bend,Indiana 46601 •219/235-9371 •Fax 219/235-9021
Redevelopment Business Assistance Bureau of Housing Financial&Program Planning&
Ann E. Kolata &Development Kathryn Baumgartner Management Neighborhood Development
235-9371 Donald E.Inks 521 Eclipse Place Elizabeth Leonard Pamela C.Meyer
235-9335 235-9475 235-9335 235-9660
Fax: 235-9469 Fax: 235-9697