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Home My WebLink About9831-08 Vacation - Alley - Broadway St , Franklin St. - Samuel L. Stull'sORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana March 24, Attest: Attest: City Clerk Vice ~esident of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 25, 20 08 Ciry Clerk Approved and signed by me March 26 20 0 8 20 08 Mayor ORDINANCE NO. ` ~ ~ ~ ~ " AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2r1D ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'S 1ST ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET. 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 ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2r1D ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'S 1ST ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET. 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 222. The following properties may be injuriously or beneficially affected by such vacating: Tax Key Number 18-8021-0849 Tax Key Number 18-8006-0283 Tax Key Number 18-8021-084905 Tax Key Number 18-8006-028301 Tax Key Number 18-8006-028001 Tax Key Number 18-8006-0286 Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number 18-8006-028601 18-8006-0290 18-8006-029101 18-8006-0297 18-8006-0303 18-8006-0309 18-8006-0315 18-8006-0321 18-8006-0327 18-8006-0332 18-8027-110402 18-8027-1107 Tax Key Numbe Tax Key Numbe Tax Key Numbe Tax Key Numbe Tax Key Numbe Tax Key Numbe Tax Key Numbe Tax Key Numbe Tax Key Numbe Tax Key Numbe Tax Key Number Tax Key Numbe r 18-8006-0289 r 18-8006-0291 r 18-8006-0296 r 18-8006-0302 r 18-8006-0308 r 18-8006-0314 r 18-8006-0320 r 18-8006-0326 r 18-8006-0333 r 18-8006-0338 18-8027-110401 r 18-8006-0344 SECTION IV. The purpose of the vacation of the real property is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right-of-ways. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common council ar~d~proval by the Mayor. mon Council A qty Presented by me to the Mayor of the City of South Bend, Indiana on the 2 S ~ day of ~ ~,~ r-4~ , 2 Oo g , at (1 ~• 3 c o'clock Q .. m. ~-P~r ~e,y~ ~ City Clerk Approved and signed by me on the 2 6 '~' day of , 2~, at ~.:3r~ o'clock ~. m. 1st READING 3 ~~~ -C~ PUBLIC HEARING 3-2~{~0~ 3 rd READING 3 - Z`t-O g NOT APPROVED REFERRED PASSED 3 _ Z•{ _a Mayor, City of uth Bend, India a F~"AR - 5 2008 JOHN VOOROE CITY CLERK, S0. BEMD, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 16-08 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT #48 OF SAID SAMUEL L. STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND, AND LOT #61 OF SAMUEL L. STULL'S 1ST ADDITION OT THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorite recommendation. Derek D. Dieter Chairperson. Committee of the Whole PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: FEBRUARY 18, 2008 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'S 1ST ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET. NAME (signed & printed) & ADDRESS Tax Key Number(s) Tax Key Number 18-8021-0849 Tax Key Number 18-8021-084905 City of South Bend 14~' Floor County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 1 or Cit of South Bend Tax Key Number 18-8006-028001 Tax Key Number 18-8006-0283 Tax Key Number 18-8006-028601 Tax Key Number 18-8006-0290 Tax Key Number 18-8006-029101 Tax Key Number 18-8006-0297 Tax Key Number 18-8006-0303 Tax Key Number 18-8006-0309 Tax Key Number 18-8006-0315 Tax Key Number 18-8006-0321 Tax Key Number 18-8006-0327 Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number 18-8006-0286 18-8006-028301 18-8006-0289 18-8006-0291 18-8006-0296 18-8006-0302 18-8006-0308 18-8006-0314 18-8006-0320 18-8006-0326 18-8006-0333 2 Tax Key Number 18-8006-0332 City of South Bend, Department of Redevelopment 12th Floor County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 ~~ For City of Sou Bend Department of Redevelopment CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 lt~ GI~C ~~'s ®tr~ic® F~l~t~ 5 2008 ~,~AR s~o ~~ gip, IN~ 0~{ CI.ER?~, S . i ' 150.0' LEGAL DESCRIPTION: The first alley to be vacated is the first East/West alley South of Broadway Street from Franklin Street West to the first North/South alley for a distance of 150.5 feet, more or less, and a width of 14 feet. Being a part of Stulll's 2nd Addition to the -City of South Bend, Portage Township, City of South Bend, St. Joseph County, Indiana. The second alley to be vacated is the first City of South Bend, St. Joseph County, Indiana. North/South alley West of Franklin Street from the North line of Lot 3, Stull's 2nd Addition to the North right of way line of the Norfolk and Western Railroad line for a distance of 1,150 feet, more or less, and a width of 7 feet. Being a part of Stull's 1 st and 2nd Addition to the City of South Bend, Portage Township, 0849 18-8021 0292 0296 0297 0302 0303 0308 0309 0314 0315 0320 0321 0326 0327 0333 0332 0849 0849 0338 0338 ~ 18-800 0849. 05 4 0338 0338 PENN C 1104. 02 TRAL R.R. 1107 \2.04. O1 ^o ~ ~ '., -084 0849 0849 0280. O1 0283 0283, O1 0286 0286. O1 0289 0290 N 0291 I \\ 1 ~L i '' (II t-~ W Z~ -ll ~~ ZI Q~ ~I STU LL ST. BROADWAY ST. --~ 18-006 0$44 i / 0349 0349 cv :~ `6°- z o O° 49 ~ o p w ~ m .~ " C2 ~ O ~ ~ t Z nG x~ G ~ ~~ Property Owners Within 150 Feet Burton Investments of Indiana LLC 1220 Honan Dr South Bend, IN. 46601 Tax Key # 018 8027 110402 City of South Bend Dept. of Redevelopment 1200 County City Building South Bend, IN. 46601 TaX KPH # n~R ~nn~ n~~~ Peter J Nemeth & Peter H Mullen 1406 S Franklin St South Bend, IN. 46613 Tax Key # 018 8006 0338 BJR Investment Company Inc P.O. Box 7070 Westchester, IL. 60154 Tax Key # 018 8027 110401 US Railroad Vest, Corp. 703 Michigan Ave. Suite 4 LaPorte, IN. 46350 BJR Investment Company Inc. P.O. Box 7070 Westchester, IL. 60154 Tax Key # 018 8027 1107 Peter J Nemeth & Peter H Mullen 1406 S Franklin St South Bend, IN. 46613 Tax Key # 018 8006 0344 ~'~f-. e,.ra,~,.L,.