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.
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Membe of tt* Common Council
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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
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filed htaerk'S office
OCT 0 1 1993
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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