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Home My WebLink About9496-04 Vacation - Alley - Western Ave from Main St. - Martin's AdditionORDINANCE No. 9496.°4 Passed by the Common Council of the City of Sorrth Bend, Indiana April 12, Attest: Attest: c City Clerk Vice President of Common Council Presented by me to the Mayor of the City of Soutlt Bend, Indiana April 13, JOHN April 14, 04 Approved and signed by me 20 20 04 04 20 City Clerk ~~ ~r /// ~~-~' G~ ° Mayor ORDINANCE NO. ~~ AN ORDINANCE TO VACATE THE FOLOWING DESCRIBED PROPERTY: The alley to be vacated is the first East/West alley South of Western Avenue from Main Street East to the first North/South alley for a distance of 165 feet and a width of 14 feet. Being a part of Martin's Addition to the City of 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: The alley to be vacated is the first East/West alley South of Western Avenue from Main Street East to the first North/South alley for a distance of 165 feet and a width of 14 feet. Being a part of Martin's Addition to the City of 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 maybe injuriously or beneficially affected by such vacating: Lot numbers 27 and 28. SECTION IV. The purpose of vacation of the real property is to assemble a development site for a new office building and parking structure. SECTION V. This ordinance shall be subject to across-easement agreement addressing ingress and egress to the petitioner's property which is acceptable to the City's Department of Public Works and the U.S. Marshall's Office. Said easement shall be recorded by the Petitioner at their expense. A copy of said easement shall also be filed with the Office of the City Clerk. SECTION VI. 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 Common Coun 1 st READING 3 "tl-oy PUBLIC HEARING~.~2.,-0`~ 3 rd READING (~_i~„~~~ NOT APPROVED REFERRED PASSED y-~L~O~ Q.S cww.a ~~..-9i~, ~~ ~ v. ~~.r.a~ ~. ~~ Filed In Cierk'e Office APA 1 3 2004 JOHN VOORDE CI'Tr CLERK, S0. BEND, Itl. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 20-04 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF WESTERN AVENUE FROM MAIN STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. BEING A PART OF MARTIN'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as amended by Old Section V becoming Section VI and new Section V to read as follows This ordinance shall be subject to across-easement agreement addressing ingress and egress to the petitioners's property which is acceptalb to the City's Department of Public Works and the US Marshall's Office. Said easement shall be recorded by the petitioner at their expense. A copy of said easement shall also be filed with the Office of the City Clerk. Sean Coleman Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: OF THE CTTY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: 'r1 ... ~ ` m O ~ X Z -..a ~ ri i t c C ~~ Vj ~ ~.~ O -y. c~ m The first east/west alley South of Western Avenue from Main Street East to the first north/south alley for a distance of 165 feet and a width of 14 feet being a part of _Mar__tin'G Acid;t;~n to th ; Y of South Bend, St Joseph County, Indiana B. THE STREET DESCRIBED AS: NAME (signed & printed) Owen Rock f ADDRESS 1200 County-City Bldg., South Bend Indiana 46601 CONTACT PERSON (S) NAME: Owen Rock RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 LOT # 27 ADDRESS: 1200 County-City Building South Bend, . IIV 46601 PHONE: 235-5830 WESTERN AVE . 82.5' R/W 37 13 ~. - -0593 ~ ~~ ~ 38 / ~ -0594 ~ ~ \ / -0566 14 - -0595 ~ ~ ~ ~ \ ° R150.0 39 ~ ~ 15 ~ - ~ 1 0566 ~ ' - ' 0596 W ~ ~ W ~ -0597 ~ ~ ~ 16 -0570 \ ~ / -0598 ~ / -0571 ~ 18 / 41 \ z 17 / /-0599 i ~ Q ~ _ ~ -0600 42 18 ALLEY VACATION The alley to be vacated is the first East/West alley South of Western Avenue from Main St reet East to the first North/South alley fora distance of 165 feet and a width of 14 feet. Be ing a part of Martin's Addition to the City of South Bend, St. Joseph County, Indiana. ' s Office Filed In Clerk ~.~AR 1 7 ?~~4 JOHN VOORDE CITY CLERK, 50. BEND, IN. I: ~Pro}eG~Engin~Mnq~FtlGll ENC PRO,lEC75~/,II~yVaeatlon olnkwat~mwhooleorp.d -0585.01 0 25 0 o 26 ~ -0586.01 ° - 0587.02 ° ~ 27 0 165' ~ -0588.02 ~ 0° 28 -0589 ° 3016 29 N 0 -0590.01 0 °; 0 - - - - - - - 30 a0 o 1200 COUNTY-CITY BUILDING SOUTH BEND, INDUNA 46601-1830 PaoNE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT City of South Bend Common Council 41h Floor County/City Building South Bend, IN 46601 Dear Council Members: The purpose for the attached alley vacation is to assemble a continuous parcel of land for a proposed new office building and parking structure in the Downtown. Owen Rock from the Department of Community and Economic Development will be presenting the ordinance at the Council Meeting. If you have any questions or comments please feel free to contact me at 235-5830. Sincerely ~?, t_ n~~~~. Owen Rock Assistant Director, Economic Development Filed In Clerk's ~3t~~~ca~ ~":;i 1 7 204 ~QtIN voonDe CITY CLEriK, S0. EEND, IN. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL ~' PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 5741235-9371 ELIZABETH LEONARD FAX: 574/235-9697 574/235-9371 1200 C,OLINIY-CTT'Y BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 Fax 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT SHARON T. KENDALL EXECUTIVE DIRECTOR May 23, 2005 South Bend Common Council 41~' Floor, County City Building South Bend, Indiana 46601 RE: Ordinance Number 9496-03 (Alley Vacation at Western and Main Streets) Dear Council Members: The alley vacation request contained in the subject ordinance was being carried out in prepal•ation for construction of a new administration building for the South Bend Community School Corporation. The School Corporation has since found an alternative location for its administration building. Therefore, it is requested that the vacation request contained in the subject ordinance be withdrawn from consideration. Please contact me at 235-9339 if there are any questions. Sincerely, YC/ D n Inks Director Economic Development ~,1AY 2 ~r ~~ ~~ JCHI•! VCCFaE ~(CLERK,SO.BEND,IN. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL LC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 EuzAeErtt LEONARD PAX: 574/235-9697 574!235-9371 ~ SOUTN e@ Community & Economic Development ~~a ~~~ 1865 . -~" 1200 County-City Building, 227 West Jefferson, SouTh Bend, Indiana 46601-1830 • Phone 574/235-9371 • Fax 574/235-9021 To: Janice Talboom ~ ~~,~+ From: Bob Mathia ~%'" " Subject: Alley Vacation Request Date: May 24, 2005 Hi Janice, Enclosed is the signed letter regarding the alley vacation at Main & Western Streets. Document3 What We Do Today Makes A Difference! Filed In Clerk's Office ~~~AR 1 8 200 JOHN VOORDE CITY CLERK, SQ BEND, !N. /~~ X01 ~ :~ 0 S~ .~ rJ~ ~~r~ ;~,. . ~~,, f?U~ ~r LL.C X22 ~. %~~ ra-e ~I~ ~~~ ~ -o~~~</ Calf Sr'^a .~C,~('~j p~.~rr ~~ P ~~' yG~o i ., .... ~~, 5 - s- -1 ~ ~.- ~.~ /~ . ;~ s ~/GG~a I ._ U ~~ S ~ ~~ =f 2 z ~:. ~7~,~r ~~~ ~~~~> _ ~~ ~- ~ C-~~ r ~-~ ~, ~ , Sis ~~~t i ., ~7 ~ -- ~, ~ /~ ~.; ~J ~c r LFS~ 1 ti ~~.~i yri~s~s »-~~.,s _, ~~~~ l; ,~,~ ~r,~ c~~~c - ~~ cSZ~ ,~~.y~r Jlv~ ~~''~-sue n 5~~~ EGG r' l~'~oS..... ",__. _ , ~~~ ~ ~ / / jr ~~~ `~ `~ ~ /<<~~ `' ~~ .--~ i ®ffice of the City Clerk John Yobrde, City Clerk M E M O RAND U M TO: GARY GILOT FROM: JANICE TALBOOM, DEPUTY CITY CLERK RE: UNRESOLVED ALLEY & STREET VACATIONS DATE: .JUNE 30, 2004 I have four alley/street vacations that are missing items. I have attached copies of each. Ordinance number 9074-99 needs to be published and certified. I am still waiting on an easement copy. Ordinance number 9467-03 has been published and certified only in part. The ordinance refers to a resolution being filed to finish the vacation off. Ordinance number 9496-04 has been published, but not certified due to the fact of an easement needing to be filed. ( My understanding is that this one was going to be for the school corporation, I had asked-Owen Rock for an updated memo but have not received one yet.) Ordinance number 9508-04 has not been published or certified. This ordinance also refers to a resolution being filed before it becomes effective. 455 County-City Buildings South Bend, Indiana 46601. 574/235-9221 • Fax 574/235-9173 • TDD 574/235-5567 Mary Beth Wisniewski JaniceTalboom Winona Hays Chief Deputy Deputy Ordinance Violation Clerk According to State Law an alley/street vacation can not take effect until is has been published and then has a 30 day waiting period for remonstrance, so once the resolution pertaining to the vacation is passed there will still be a 30 day period after the date of publication before the vacation can be in effect. Any information you can give me would be greatly appreciated. Thank you.. Enc.