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Home My WebLink About8460-94 Vacate - First east west alley north of Lincolnway West from the west right of way line of N Olive St • • • r ORDINANCE No. 8460-94 Passed by the Common Council of the City of South Bend, Indiana. January 24, Yq 94 Attest: r`�"a"1 City Clerk IRENE K. GAMMON // Attest: ��LL1 LL`L A / President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— January 25, iq 94 -yam- �� ., .✓ City Clerk IRENE K. GAMMON Approved and signed by me //2,599, Mayor a. . Y ?Y • • r ORDINANCE NO. 6C).$46.0- ?l AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The first east-west alley north of Lincolnway West from the west right-of- way line of N. Olive St. to the east right-of-way line of the first north-south alley west of North Olive St. for a distance of approximately 120 feet; The first north-south alley west of N. Olive St. from the south line of the first east-west alley north of Lincolnway West, north to the south line of the first intersecting east-west alley; and a portion of former lots 38 and 39 in Olive Heights Addition; all more particularly described in Section I of this ordinance. 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: SECnoN 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 East-West Alley north of Lincolnway West Street, running west from the west right-of-way line of North Olive Street to the East right-of- way line of the first North-South Alley west of North Olive Street, for a distance of approximately One Hundred Twenty (120') Feet and a width of approximately Ten (10') Feet. AND The first North-South Alley west of North Olive Street, from the south right-of- way line of the alley described in sub-paragraph A hereof to the south right-of- way line of the first intersecting East-West alley (now vacated), a distance of approximately One Hundred Four (104') feet and a width of approximately Ten (10') Feet. AND The West two feet (2') of lot 38 in Olive Heights Addition to the City of South Bend, Indiana, ALSO: Beginning at the Northwest corner of lot 39 in the Olive Heights Addition to the (27') feet east of the west line of said lot to a point two feet (2') north of the south line of said lot and twenty-seven feet (27') east of the west line of said lot; Thence East along a line two feet (2') north of and parallel to the south line of said lot, to the east line of said lot, Thence South along said east line of lot two feet (2') to the south line of lot, Thence West along said south line of lot One Hundred twenty feet (120') to the west line of lot, Thence North along said west line of lot forty feet (40') to the northwest corner of said lot being the place of beginning. 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 vacation of these alleys shall be subject to the dedication by the petitioner of a substitute right-of-way with a sufficient turning radius to allow the alleyway to exit onto Fremont Street. SECTION IV. The following property may be injuriously or beneficially affected by such vacating: Lots Numbered 38, 39, 40, 41, 42, 43 and the North Forty-one (41') Feet of Lots Numbered 44 and 45 of the Olive Heights Addition to The City of South Bend. SECTION V. The purpose of the vacation of the real property is to permit the construction of a Hooks Drugstore and parking necessary therefor. SECTION VI. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. MEMBER OF THE C7 ON COUNCIL JHP/F/01-25-94;8:44)TMJ/C:UHP.REBODNER.OA PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE: December , 1993 TO THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS OF LOTS NUMBERED 38, 39, 40, 41, 42, 43 AND THE NORTH FORTY-ONE (41') FEET OF LOTS NUMBERED 44 AND 45 OF THE OLIVE HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, PETITION THE COUNCIL TO VACATE: A. THE ALLEY DESCRIBED AS: The first East-West Alley north of Lincolnway West Street, running west from the west right-of-way line of North Olive Street to the East right-of-way line of the first North-South Alley west of North Olive Street, for a distance of approximately One Hundred Twenty (120') Feet and a width of approximately Ten (10') Feet. ALL IN THE OLIVE HEIGHTS ADDITION TO THE CITY OF SOUTH BEND. B. THE ALLEY DESCRIBED AS: The first North-South Alley west of North Olive Street, from the south right-of-way line of the alley described in sub-paragraph A hereof to the north right-of-way line of the first intersecting East-West alley (now vacated), a distance of approximately One Hundred Four (104') feet and a width of approximately Ten (10') Feet. ALL IN THE OLIVE HEIGHTS ADDITION TO THE CITY OF SOUTH BEND. C. THE ALLEY DESCRIBED AS: The West two feet (2') of lot 38 in Olive Heights Addition to the City of South Bend, Indiana, ALSO: Beginning at the Northwest corner of lot 39 in the Olive Heights Addition to the City of South Bend, Thence East along the north line of said lot two feet (2') to a point, Thence south along a line two feet (2') east of and parallel to the west line of said lot 39 a distance of seventeen feet (17') to a point, said point being the beginning of a curve to the left, Thence southeasterly following the arc of a circle to the left with a radius of twenty-five (25') feet and whose center is twenty seven (27') feet east of the west line of said lot to a point two feet (2') north of the south line of said lot and twenty-seven feet (27') east of the west line of said lot; Thence East along a line two feet (2') north of and parallel to the south line of said lot, to the east line of said lot, Thence South along said east line of lot two feet (2') to the south line of lot, Thence West along said south line of lot One Hundred twenty feet (120') to the west line of lot, Thence North along said west line of lot forty feet (40') to the northwest corner of said lot being the place of beginning. • NAME ADDRESS LOT # A) Marathon Oil Room # 1604, 539 South Lots Numbered 40 & 41 Company. Main St. Findley, OH 45840 B) Earl E. Garson & 3033 N. Maple Hill Court, Lots Numbered 42 & 43 Rose I. Garson Building 3 (except the North 41' of South Bend, IN 46628 Lot 43) and Lots Num- bered 38 & 39 TOGETH- ER with the South Half of the vacated 14 foot alley lying North of Lot 38 C) Erin Real Estate, Inc. 2239 Topswood Lane North Forty-one (41') feet South Bend, IN 46614 of Lots Numbered 43, 44 & 45 TOGETHER with the South 9 feet of the vacated 14 foot alley lying South of Lot 46 and lying North of Lots 43, 44 & 45 MARATHON OIL COMPANY By: 1. 0 '4 i (Signature) J l e s L. Kitts (Printed) Earl E. Garson `A° Not ',,: Mgr. , Marketing-Real Estate (Printed) OA December 9, 1993 l-Q.-L- 2, 4til-a-t R se I. Garson ERIN REAL ESTATE, INC. By / (Signature) .'G K• Ate /7! r y 40Le /e_ (Printed) Its: P Yes • (Printed) CONTACT PERSON: John H. Peddycord, Esq. MAY, OBERFELL & LORBER 300 North Michigan r— r c. C'' 1 AJ .) i �1 i t„ �. c.6 i t I I sl r �,' �i� �� t, ., .. j t f , +i'�� - I :, ;�I .a I t F: c , � .I. a I _ c c: / EFTA 9 4, i i f:: A� w `�1 L74//j/'j/ y L I1 i' r.�, ,f4. fit, \! ° Ufa � ' e \ (J a J t f, -k)fFF- :�_. le..-r-:, LL t, :,+ cF- D cr r3 r�• t;.t Fy �1 � z °4-°"b?; l -spy y ... ............ � / s,,)� �1E-� �r : °os 00 oyo �� 4: , „ s o s ® c orr9-8 • oo : i9 6g�S ."-'- x - jIX T o �� / o�0obE l 0 a o.a/- 2E /'' m oc { o 0%, � - .-.-auri- —. • 22.4 of i v /8/- ! p 64• ..... �o17 IOb� r, /Cfr�5a. ae : . t'/9 DE F/lb; I �``' '� �� c o OD s. it 86FF lbL i o>=F o7yE ola. / , �/9 -5E tlitt75 03 cn76/-// iii, �s \ $E.TE L b r✓ 6,e -SAC I� ' 8/ �g bo' o s�:s, �/ b • o6FF gbt 68FF f cF r'1 ey- Log/- w nl 150 -81 05' w o>�sP�_ �— E90/-ZiB r_ SL,E c Deer--b SSFF ESE _ Q9/ 9 sob/-/So . ,I 01--r/ /cV/-/3 0, ete Sbri /8 •Q Se t-o8/-/g' Co8/-�y' ; . bfr6/- 8;9/- ()WOis--8ThLic..F _ g Obv /S� o /-t^,Q log,-�'S - %�%/-0/ S. /-b/ i'LsT-Lb EL C-QGe : , oce/-bz 66c/-bS ; : Et'O/-Z1 D/- 8L . ocFF-8b 1705.F-bfre I . 8bLI-9X o;.:.L6L/-5 s --E 91 8/ b /-LL L7/ c& '-DS : 1 : LFD/-/j,/ c>F°]/- JL ; ftnmmttrr itr#tnr# Mu the CConwwn &until of the Mtttg of£rmdl7 fiend: Your Committee of the Whole BILL NO. to whom was referred 4-94 SECOND READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT-OF-WAY LINE OF N. OLIVE ST. TO THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH OLIVE ST. FOR A DISTANCE OF APPROXIMATELY 120 FEET; THE FIRST NORTH-SOUTH ALLEY WEST OF N. OLIVE ST. FROM THE SOUTH LINE OF THE FIRST EAST-WEST ALLEY NORTH OF LINCOLNWAY WEST, NORTH TO THE SOUTH LINE OF THE FIRST INTERSECTING EAST-WEST ALLEY; AND A PORTION OF FORMER LOTS 38 AND 39 IN OLIVE HEIGHTS ADDITION; ALL MORE PARTICULARLY DESCRIBED IN SECTION I OF THIS ORDINANCE. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, as amended. Roland Kelly Chairman aSpUiy8 ` Xv III�.�7, l • '•• ' e d' City of South Bend ^ Joseph E. Kernan, Mayor A'?Z 1865} .,'�G��'{*„ Board of Public Works January 24 , 1994 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: PETITION TO VACATE THE 1ST E/W ALLEY N. OF L.W.W. AND THE 1ST N/S ALLEY WEST OF N. OLIVE STREET AND THE WEST TWO FEET OF LOT 38 IN OLIVE HEIGHTS ADDITION 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 as filed by Mr. John H. Peddycord, Esquire, May, Oberfell & Lorber, 300 North Michigan Street, South Bend, Indiana, as Contact Person, for the following: Marathon Oil Company by Mr. James L. Kitts, Manager, Marketing-Real Estate Room #1604 539 South Main Street Findley, Ohio 45840 Earl E. Garson and Rose I Garson 3033 North Maple Hill Court, Building 3 South Bend, Indiana Erin Real Estate, Inc. by Mr. Jerome P. Iraele, President 2239 Topswood Lane South Bend, Indiana to vacate the following property: The first east/west alley north of Lincoinway West Street, running west from the west right-of-way line of North Olive Street to the East right-of-way line of the first north/south alley west of North Olive Street, for a distance of approximately one hundred twenty feet ( 120 ' ) and a width of approximately ten feet ( 10 ' ) ; 1308 County-City Building•South Bend,Indiana 46601.219/235-9412•TDD(219)235-5567 John E.Leszczynski James R.Caldwell Jenny Pitts Manier MEMBERS OF THE COMMON COUNCIL January 24, 1994 Page -2 and The first north/south alley west of North Olive Street, from the south right-of-way line of the alley described in the above paragraph hereof to the north right-of-way line of the first intersecting east/west alley (now vacated) , a distance of approximately one hundred four feet ( 104 ' ) and a width of approximately ten feet ( 10 ' ) ; and The west two feet ( 2 ' ) of Lot 38 in Olive Heights Addition to the City of South Bend, Indiana; also Beginning at the northwest corner of Lot 39 in the Olive Heights Addition to the City of South Bend, thence east along the north line of said lot two feet ( 2 ' ) to a point, thence south along a line two feet ( 2 ' ) east of and parallel to the west line of said Lot 39 a distance of seventeen feet ( 17 ' ) to a point, said point being the beginning of a curve to the left, thence southeasterly following the arc of a circle to the left with a radius of twenty-five feet ( 25 ' ) and whose center is twenty- seven feet ( 27 ' ) east of the west line of said lot to a point two feet ( 2 ' ) north of the south line of said lot and twenty-seven feet ( 27 ' ) east of the west line of said lot; thence east along a line two feet ( 2 ' ) north of and parallel to the south line of said lot, to the east line of said lot, thence south along said east line of lot two feet ( 2 ' ) to the south line of lot, thence west along said south line of lot one hundred twenty feet ( 120 ' ) to the west line of lot, thence north along said west line of lot forty feet ( 40 ' ) to the northwest corner of said lot being the place of beginning. The Board of Public Works received recommendations concerning this vacation from the Police Department, Fire Department, Legal Department, Division of Engineering, Area Plan Commission and the Department of Community and Economic Development. Concerns raised by these departments have been addressed by the submission of a substitute ordinance which indicates that the vacation of these alleys shall be subject to the dedication by the Petitioner of a substitute right-of-way with a sufficient turning radius to allow the alleyway to exit onto Freemont Street. Copies MEMBERS_ OF THE COMMON COUNCIL January 24, 1994 Page -3- 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, BOA 9I OF PUBLIC WOR. 1, I % � ii Sandra M. Parmerlee, Clerk Enc.