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
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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
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City Clerk
IRENE K. GAMMON
Approved and signed by me i9 q 3
a.. _ Mayor
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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.
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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. Stull St. 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.
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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
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w�� \\..- _,;:� d City of South Bend
*� �s• Joseph E. Kernan, Mayor
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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