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HomeMy WebLinkAbout8422-93 Vacate - Tucker Dr lying West of Kaley St ORDINANCE No. 8422-93 Passed by the Common Council of the City of South Bend, Indiana. October 25, 93 19 Attest: City Clerk IRENE K. GAMMON Attest: ,Or--€1,1,7,--)0/O President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— October 26, ig 93 City Clerk IRENE K. GAMMON Approved and signed by me /6 2 6 Ig9' iO " a Mayor ORDINANCE NO. % --a.-q 3 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Tucker Drive, lying West of Raley Street, in South Bend, St. Joseph County, 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: A part of the West Half (1/2) of the Northwest Quarter (1/4) Section 15, Township 37 North, Range 2 East described as follows: Beginning at a point on the West Line of Olive Street thirty (30) feet West and two hundred twenty (220) feet South of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section; thence West approximately thirteen hundred twenty-five and eight hundredths (1325.80) feet to the point of beginning of this description; thence continuing West a distance of thirteen hundred thirty and fifteen hundredths (1330. 15) feet to the West line of said section; thence South along the West line a distance of forty (40) feet; thence East thirteen hundred thirty and fifteen hundredths (1330.15) feet; thence North forty (40) feet to the point of beginning, more commonly known as Tucker Drive, South Bend, St. Joseph County, 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 injurious or beneficially affected by such vacating: 18-8112-4221, 18-8075-2844. 04, 18-8075-2844.03 and 1 . • SECTION IV. The purpose of the vacation of the real property is to: permit the petitioner to utilize vacated street for business purposes, since petitioner's business utilizes both sides of the proposed vacated street. Thus, petitioner could store materials, park vehicles and like business-related activities. 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. `i✓ - r I/ Membe of tt* Common Council laP:5 f= .ovaue an ° � i Council D ;.tth l is diac:U6£3.fon • Qtummittrr &port ca[n the Common Moonlit of tip CV of*until limb: Your Committee OF THE WHOLE to whom was referred BILL NO. 84-93 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: TUCKER DRIVE, LYING WEST OF KALEY STREET, IN SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Tom Zakrzewski Chairman FREE PRESS PUBLISHING GO. • PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: September 21, 1993 WE, THE UNDERSIGNED PROPERTY OWNER(S) PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: N/A 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: N/A all in N/A (subdivision name) B. THE STREET DESCRIBED AS: Tucker Drive, lying West of Kaley Street . NAME (printed and signed) ADDRESS LOT NO. 2722 Tucker Drive, Steel Warehouse Co. , Inc. South Bend, IN 46619 mow filed htaerk'S office OCT 0 1 1993 � ! /L z d .-- 93 L Ya z ;LU tT�SOUTH iii , ,\,\1HII,,/, 4o.;,= N" \` tv City of South Bend W .xe.n,� a ►,,, ��� r ? a� Joseph E. Kernan, Mayor "?z,„r/8651 ^n� Board of Public Works October 20, 1993 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: PETITION TO VACATE TUCKER DRIVE 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. Kenneth P. Fedder, Attorney at Law, 205 West Jefferson Boulevard, Suite 300, on behalf of Steel Warehouse Company, Inc. , 2722 Tucker Drive, South Bend, Indiana, to vacate the following property: Tucker Drive, lying west of Kaley Street, in South Bend, St. Joseph County, Indiana The Board of Public Works received favorable recommendations from the Police Department, Fire Department, Area Plan Commission, Department of Economic Development, Division of Sanitation and the Division of Engineering 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. For your information, on February 11, 1991, the Board of Public Works adopted Resolution No. 4-1991, giving authorization to Steel Warehouse to temporarily obstruct that portion of Tucker Drive which abuts their property, to prevent illegal dumping. Sincerely, BOA' ' OF PUBLIC ORKS Sandra M. Parmerlee, Clerk Enc. 1308 County-City Building•South Bend,Indiana 46601.219/235-9412•TDD(219)235-5567 John E. Leszczynski James R.Caldwell Jenny Pitts Manier