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HomeMy WebLinkAbout8371-93 Vacating - First north south alley west of south lafayette from the north right-of-way line of west Broadway ORDINANCE No. 8371-93 Passed by the Common Council of the City of South Bend, Indiana_ April 26, 93 19 Attest: -� � City Clerk IRENE K. GAMMON Attest: /L .5L-_ : President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— April 27, 93 19 City Clerk IRENE K. GAMMON Approved and signed by me apt,jt, m)..71 19 93 du/°� Mayor ORDINANCE NO. 83 7 /- ?3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE. FIRST NORTH:-SOUTH ALLEY WEST OF SOUTH LAFAYETTE FROM THE NORTH RIGHT-OF-WAY LINE. OF WEST BROADWAY TO THE SOUTH RIGHT-OF-WAY LINE OF WEST STULL. AND VACATING THE FIRST EAST-WEST ALLEY NORTH OF WEST BROADWAY FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH FRANKLIN TO THE FIRST NORTH-SOUTH ALLEY EAST OF SOUTH FRANKLIN STATEMENT OF PURPOSE. AND INTENT Pursuant to I.C. 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 of South Bend. The City of South Bend. Department of Redevelopment and. Omega Properties, Inc. , owners of certain property have petitioned the Common Council to vacate certain public rights-of-way which that property abuts. This Ordinance vacates the below-described public rights-of-way as petitioned.. 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, Indiana having held a public hearing on the petition of the City of South. Bend Department of. Redevelopment Omega Properties, Inc. , to vacate the following described rights-of-way in South Bend, St. Joseph County, Indiana:. The alleys to be vacated are described as the first north-south alley west of South Lafayette from the north right-of-way line of West Broadway to the south right-of-way line of. West Stull for a distance of approximately 542 feet and a width of approximately 14 feet; and the first east-west. alley north of West Broadway from the east right-of-way line of South Franklin to the west. right-of-way line of the first north south alley east of. South Franklin for a distance of approximately 159 feet and a width of approximately 14 feet. Parts situated in. Stull.'s. Second Addition to the City of South Bend, Indiana, hereby determines that it is desirable and in the best interests of the City to vacate said public rights-of-way and does hereby vacate said public rights-of-way. Section II. The. City of South Bend, Indiana hereby reserves the rights and easements of all utilities and 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, owned by the indicated. parties, may be beneficially affected by such vacation: Name & Address Legal Description N a Lot 32 Samuel C. Stulls 2nd. Key No. 18 8006 0330 S 1 Lot 32 Samuel C. Stulls 2nd. Key No. 18 8006 0331 City of South Bend, S 2 Lot 5 Stulls 2nd Add. Department of Redevelopment. Key No. 18 800.6 028401. 1200 County-City Building South Bend, IN 46601 Lot 8 Ex 60 ft E End Samuel C. Stul.l.' s 2nd. Key No. 18 8006 0287 60 Ft E End. Lot 8 Samuel C. Stulls 2nd. Key No. 18 8006 02.8701 S 2 125 Ft E End Lot 7 Samuel C. Stulls. 2nd Key No. 18 8006 028802 N 2 Lot 13 Stulls 2nd. Add Key No. 18 8.006 0292. S 2 Lot. 13 Samuel. C. Stulls. 2nd Key No. 18 8006 029201 N 1 Lot 16. Samuel C. Stulls. 2nd Key No. 18 8006 0298 S 1 Lot 16 Samuel C. Stulls 2nd Key No. 18 8006 0299 S 2 Lot 19 Samuel. C. Stulls 2nd Key No. 18 8006 0305 N z Lot 25 Samuel C. Stulls 2nd Key No. 18 8006 0316 S 1 Lot 25 Stulls 2nd S2 Key No. 18 8006 0317 N z Ex 75 Ft W End Lot 14 Samuel. C. Stulls 2nd Key No. 18 8006 0294 N z Lot 28 Sam C. Stulls 2nd Add Key No. 18 8006 0323 S 2 Lot 28 Stulls 2nd. Add Key No. 18 8006 0322 N 2 Lot 31 Sam C. Stulls 2nd Add. Key No. 18 8006 0328 N 2 Lot 27 Samuel C. Stull's 2nd Key No. 18-8006-0324 Omega Properties, Inc. N 1 Lot 19 Samuel C. Stulls 2nd 131 South Taylor St. Key No. 18 8006 0304 South Bend, IN 46601 N 2 Lot 22 Samuel C. Stulls 2nd Add Key No. 18 8006 0310 75 Ft W End N 2 Lot 14 Samuel C. Stulls 2nd Key No. 18 8006 0293 S 2 Lot 14 Samuel C. Stulls. 2nd Add Key No. 18 8006 0295. N z Lot 15 Samuel C. Stulls 2nd. Key No. 1.8 8006. 0300 S z Lot 15 Samuel C. Stulls 2nd . Add Key No. 18 8006 0301 N 2 Lot 20 Samuel C. Stuns 2nd Add Key No. 18 8006 0306. S Lot 20 Samuel C. Stulls 2nd Key No. 18 8006 0307 N z Lot. 21 Samuel. C. Stulls 2nd. Key No. 18 8006 0312 S z Lot 21 & N z Vac Alley S & Adj Samuel C Stulls 2nd Key No. 18 8006 0313 N 2 Lot 26 & S z Vac Alley N & Adj Samuel C. Stulls Add 2nd Key No. 18 8006 0318 S. 2 Lot 26 Samuel C. Stulls 2nd. Key No. 18 8006 0319 Section. IV. The purpose of the vacation of said. rights-of-way is. to allow for the redevelopment of those above-referenced properties owned by Omega Properties, Inc. , and the City of South. Bend Department of Redevelopment., which properties abut said. rights-of-way. 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. Adopted this o7 G day of , 1993. C‘,-e-44-1k Member, Ci on Council (/ eigne3 only to pv'cv1de an x p z?or tun; : i J3' _.... r'',11 C r I �t3 r t t,'?_ . ^r March 8, 1995 - Board of Public Works 1316 County-City Bldg. South Bend, IN 46601 ALLEY VACATION The alleys to vacated are described as the first east-west alley north of W. Broadway St. from the east right-of-way line of S. Franklin St. to the west right-of-way line of the firnor -south alley east of S. Franklin St., for a distance of approximately feet and a width of approximately 14 feet; and the first north- south alley east of S. franklin St. from the north right-of-way line of W. Broadway St. to the south right-of-way line of W. Stull St. for a distance of approximately 542 feet and a width of approximately 14 feet. Parts located in Stull's Second Addition to the city of South Bend, Indiana. 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OF SOUTH FRANKLIN TO THE FIRST NORTH-SOUTH ALLEY EAST OF SOUTH FRANKLIN. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Thomas Zakrzewski Chairman ..,''�SOUT'H o,; x� .'��\ /1;;;,xt \` City of South Bend .4j ail �\ PF'ACE / �,� ; �� - a y',"-=',— _,,'�; ;:` Joseph E. Kernan, Mayor x ��;. 1865 +'''' Board of Public Works April 20, 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 LAFAYETTE AND THE 1ST E/W ALLEY N. OF WEST BROADWAY 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 Ms. Paula N. Auburn, President, South Bend Redevelopment Commission, 1200 County-City Building, South Bend, Indiana, and Omega Properties, Inc. , by Ms. Ann E. • Kolata, 1220 County-City Building, South Bend, Indiana, as Contact Person to vacate the following alleys: The alleys to be vacated are described as the first north/south alley west of South Lafayette from the north right-of-way line of West Broadway to the south right-of- way line of West Stull for a distance of approximately 542 feet and a width of approximately 14 feet; and the first east/west alley north of West Broadway from the east right-of-way line of South Franklin to the west right-of-way line of the first north/south alley east of South Franklin for a distance of approximately 159 feet and a width of approximately 14 feet. Parts situated in Stull' s Second Addition to the City of South Bend. For your information, the Board of Public Works received favorable recommendations from the Police Department, Fire Department, Legal Department, Area Plan Commission, Department of Economic Development and the Division of Engineering concerning this vacation. Copies of the recommendations received from these departments are attached for your review. 1308 County-City Building • South Bend, Indiana 46601 • 219/235-9412 John E. Leszczynski James R. Caldwell Mary H. Mueller • • - MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS April 20, 1993 Page -2- Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, BOARD OF PUBLIC WORKS `7Yt1 AP Sandra M. Parmerlee, Clerk smp Enc.