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HomeMy WebLinkAbout8391-93 Vacate - North South Alley Between Main & Michigan St at the North Line of Stull St ORDINANCE No. 8391-93 Passed by the Common Council of the City of South Bend, Indiana. July 12, 93 '9 l Attest: ""� City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— July 13, 93 IQ City Clerk IRENE K. GAMMON Approved and signed by me i9 q 3 a.. _ Mayor • • ORDINANCE NO. 189/- 93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH-SOUTH ALLEY BETWEEN MAIN AND MICHIGAN STREETS, BEGINNING AT THE NORTH LINE OF STULL STREET AND RUNNING NORTH TO THE INTERSECTION OF THE EAST-WEST ALLEY. (THE ALLEY LIES BETWEEN THE NEW POLICEMEN'S FEDERAL CREDIT UNION BUILDING AND THE NEW REAL SERVICES BUILDING) 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 first north-south alley west of South Michigan Street from the north right-of-way line of W. Stull Street to the south right-of-way line of the first intersecting east-west alley north of W. Stull Street for a distance of 285 feet and a width of approximately 14 feet; Part located in Stull' s Third Addition to the City of South Bend, 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 injuriously or beneficially affected by such vacating: 0145 0153 0148 0191 0194 0152 0154 015.5 0192 0195 ' 0146 0147 0156 0193 0196 SECTION IV. The purpose of the vacation of the real property is to close the traffic flow between the new buildings of the Policemen' s Federal Credit Union and Real Services, Inc . , and to permit the property to be landscaped and enhance the aesthetic appearance of the new buildings. 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. • PETITION TO VACATE PUBLIC RIGHT-OF-WAY ALLEY TO THE COMMON COUNCIL JUNE I7 ;` 1993 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first north-south alley west of South Michigan Street, from the north right-of-way line of W. Stull Street to the south right-of-way line of the first intersecting east-west alley north of W. Stull Street for a distance of 285 feet and a width of approximately 14 feet; Part located in Stull ' s Third Addition to the City of South Bend, Indiana. POLICEMEN'S FEDERAL CREDIT UNION B / Gedrge Hertz, iros Manager REAL `vRVICE , INC. By le71 Les r Fox CONTACT PERSON: George E. Herendeen Attorney at Law 205 W. Jefferson Blvd. , Suite 300 South Bend, Indiana 46601 219-234-6061 IRENE GAMMON CITY CLERK ROOM 455 COUNTY-CITY BUILDING SOUTH BEND, IN 46601 June 7.,' 1993 ' . Board' of Public Works ' 1316 County-City Bldg. South Bend, IN 46601 ALLEY VACATION The alley to be vacated is described as the first north-south alley west of S. Michigan St. from the north right-of-way line of W. Stull St. to the south right-of-way line of the first intersecting east-west alley north of W. 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So 2 a ' 2/ O2Sd373a1 z'a4• lass e o 7200 N — 0732 i —/O 0241.- (9 4 8005 0137 // -0242 3 2 —4' ,l 5 -/1046 0237.0/ _ '230 CO --a3--0238 -0243 I 6o-/050 18-8005 . -0238.o1 \T'''-'000,.../ -0243.0/ y: � fi` -�,s, 1f- �B - - -0139 D '0144 '^^ I I- i 1 's----, • La 7-1058 Q untndl#rr gond Uhl tic Q mmnwn Mounr% of tar tIIttg of*auto Wm): Your Committee of the Whole to whom was referred BILL NO. 54-93 SECOND READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH-SOUTH ALLEY BETWEEN MAIN AND MICHIGAN STREETS, BEGINNING AT THE NORTH LINE OF STULL STREET AND RUNNING NORTH TO THE INTERSECTION OF THE EAST-WEST ALLEY. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Thomas ZakrzewskiChairman • ,0. souTy 8\ ALL. s/4 - 'I 3 p ,vA iliii�,/,, fity �' w�� \\..- _,;:� d City of South Bend *� �s• Joseph E. Kernan, Mayor a x x ;� 1865, Board of Public Works July 7, 1993 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: PETITION TO VACATE THE 1ST N/S ALLEY W. OF SOUTH MICHIGAN STREET FROM THE N. R-O-W LINE OF W. STULL TO THE S. R-O-W LINE OF THE 1ST INTERSECTING E/W ALLEY N. OF W. STULL 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 signed by Mr. George Hertz, Manager, Policemen' s Federal Credit Union and Mr. Lester Fox, Real Services, Inc. , and naming as Contact Person, Mr. George E. Herendeen, Attorney at Law, 205 West Jefferson Boulevard, Suite 300, South Bend, Indiana, to vacate the following property: The first north/south alley west of South Michigan Street, from the north right-of-way line of W. Stull Street to the south right-of-way line of the first intersecting east/west alley north of W. Stull Street for a distance of 285 feet and a width of approximately 14 feet; Part located in Stull's Third Addition to the City of South Bend, Indiana. For your information, the Board received favorable recommendations from the Legal Department, Division of Engineering, Police Department, Fire Department, Division of Sanitation, Department of Economic Development and the Area Plan Commission concerning this Petition. Copies of the recommendations received by the Board are attached. Therefore, the Board of Public Works submits to the Common Council a favorable recommendation concerning this vacation. Sincerely, //tD OF PUBLIC ORKS Sandra M. Parmerlee, Clerk 1308 County-City Building • South Bend, Indiana 46601 • 219/235-9412 John E. Leszczynski James R. Caldwell Mary H. Mueller