HomeMy WebLinkAbout8352-93 Vacating - first east west alley north of west Stull St from east right-of-way line of south Franklin St ORDINANCE No. 8352-93
Passed by the Common Council of the City of South Bend, Indiana.
February 8, 93
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, �t-��J
Attest: City y Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana_
February 9, 93
19
\l le City Clerk
IRENE K. GAMMON
Approved and signed by me I I 19
(744-- Mayor
ORDINANCE NO. 83.s."02 - 93
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, VACATING THE FIRST EAST-WEST ALLEY NORTH OF WEST STULL
STREET FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH FRANKLIN STREET TO
THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF
SOUTH FRANKLIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 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.
STULL TO THE SOUTH RIGHT-OF-WAY LINE OF W. GARST ST. FOR A DISTANCE
OF APPROXIMATELY 571.7 FEET AND A WIDTH OF APPROXIMATELY 14 FEET.
SITUATED IN SOUTH BEND CITY AND STULL' S 2ND ADDITION TO THE CITY OF
SOUTH BEND, INDIANA.
STATE 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, INAIANA, 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 rights-of-way:
The first east-west alley north of West Stull St. , from the east
right-of-way line of South Franklin Street to the west right-of-way
line of the first north-south alley east of S. Franklin St. , for a
distance of approximately 165 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. Stull to the south right-of-way
line of W. Garst St. for a distance of approximately 571.7 feet and
a width of approximately 14 feet. Part situated in South Bend City
and Stull ' s 2nd Addition to the City of South Bend, Indiana
hereby determines that it is desirable to vacate said right-of-way.
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:
Any property within the block bounded by Garst Street to the north,
Lafayette Street to the east, Stull Street to the south and
Franklin Street to the west.
SECTION IV. The purpose of the vacation of the right-of-way is
to allow the City of South Bend, Department of Redevelopment to
replat the land surrounding the alley so that it may be sold and
ultimately utilized as larger sized parcels for industrial uses.
SECTION V. This ordinance shall be in full force and effect
December 18, '1992 -
Board of Public Works
1316 County-City Bldg.
South Bend, IN 46601
ALLEY VACATION
The alley to vacated is described as the first east-west alley
north of W. Stull St. , from the east right-of-way line of S.
Franklin St. to the west right-of-way line of the first north-south
alley east of S. Franklin St. , for a distance of approximately 165
feet and a width of approximately 14 feet; and the first north-
south alley east of S. Franklin St. from the north right-of-wya
line of W. Stull to the south right-of-way line of W. Garst St. for
a distance of approximately 571.7 feet and a width of approximately
14 feet. Part situated in South Bend City and Stull's 2nd to the
City of South Bend, Indiana.
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PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA DATE: December 22, 1992
WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The first east-west alley north of W. Stull St. , from the east
right-of-way line of S. Franklin St. to the west right-of-way
line of the first north-south alley east of S. Franklin St. ,
for a distance of approximately 165 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. Stull
St. to the south right-of-way line of W. Garst St. for a
distance of approximately 571.7 feet and a width of
approximately 14 feet. Part situated in South Bend City and
Stull ' s 2nd addition to the City of South Bend, Indiana.
NAME (printed and signed) ADDRESS LOT #,
City of South Bend, Indiana,
for the use and benefit of
its Dept. of Redevelopment
Ann E. Kolata Dept. of Economic Develop.
c/o Redevelo ment Commission 1200 County-City Bldg.
eE South Bend, IN 46601
Excluding City-owned properties, the following properties with
respective owners noted, are situated within one hundred fifty feet
(150 ' ) of the exterior boundaries of the alley petitioned to be
vacated.
NAME & ADDRESS KEY #
City of South Bend, c/o Allied Products 18-8021-0849
Lot 18, Allied Pro. 22 Acres
South Bend, IN 46624
Robert W. Severeid 18-8006-028001
1135 S. Franklin
South Bend, IN 46618
Allied Products Corp. 18-8006-0283
1137 S. Franklin
South Bend, IN 46618
Allied Products Corp. 18-8006-028301
1137 S. 1/2 Lot Franklin
South Bend, IN 46618
Ben Ziolkowski 18-8002-0076
1022 Franklin
South Bend, IN 46618
Ben Ziolkowski 18-8002-0077
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•
ins
NAME & ADDRESS KEY #
Ben Ziolkowski 18-8002-0079
315 Garst
South Bend, IN 46618
Ben Ziolkowski 18-8002-0104
1015 Lafayette Blvd.
South Bend, IN 46618
Omega Properties, Inc. 18-8006-0293
312 Stull St.
South Bend, IN 46618
Omega Properties, Inc. 18-8006-0295
1205 Lafayette Blvd.
South Bend, IN 46618
Omega Properties, Inc. 18-8006-0300
1207 Lafayette Blvd.
South Bend, IN 46618
Carl A. & Margaret R. Bilinski 18-8002-0085
1110 Franklin
South Bend, IN 46618
Carl A. & Margaret R. Bilinski 18-8002-0086
1112 Franklin
South Bend, IN 46618
S & W Enterprises 18-8002-0118
-1100 Block S. Lafayette
South Bend, IN 46618
S & W Enterprises 18-8002-0117
'"1100 Block S. Lafayette
South Bend, IN 46618
S & W Enterprises 18-8002-0116
1137 S. Lafayette
South Bend, IN 46618
S & W Enterprises 18-8002-0115
1137 S. Lafayette
South Bend, IN 46618
James J. Daskaloff & City of South Bend 18-8002-0107
"'300 Block Garst St.
South Bend, IN 46618
S & W Enterprises 18-8006-0288
311 Stull St.
South Bend, IN 46618
Gunther W. Jordan Corp. 18-8006-028801
1139 S. Lafayette
South Bend, IN 46618
S & W Enterprises 18-8006-028501
1137 S. Lafayette
South Bend, IN 46618
S & W Enterprises 18-8006-0285
1135 S. Lafayette
South Bend. IN 46618
NAME & ADDRESS KEY #
S & W Enterprises 18-8006-0282
1131 S. Lafayette
South Bend, IN 46618
CONTACT PERSON:
IRENE GAMMON
CITY CLERK Name: Tom Eddington
ROOM 455 Address:1200 County-City Bldg.
COUNTY-CITY BUILDING South Bend, IN 46601
SOUTH BEND, IN 46601 Phone: (219) 235-9371
TEE:ml/petovaca
Pgs. 2-4
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Qtnm ttttn Erport
gtu the Common (dounril of the (Mg of*meth Men):
Your Committee of the Whole
to whom was referred
BILL NO.
3-93 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE.
CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST
EAST-WEST ALLEY NORTH OF WEST STULL STREET FROM THE
EAST RIGHT-OF-WAY LINE OF SOUTH FRANKLIN STREET TO THE
WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY
EAST OF SOUTH FRANKLIN STREET, FOR A DISTANCE OF
APPROXIMATELY 165 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.
STULL TO THE SOUTH RIGHT-OF-WAY LINE OF W. GARST ST.
FOR A DISTANCE OF APPROXIMATELY 571.7 FEET AND A WIDTH
OF APPROXIMATELY 14 FEET. SITUATED IN SOUTH BEND CITY
• STULI+nS 2ND ADDITION T THE CITY OF SOUTH BEND,Res Respectfully re p that t • amthe matter a that
in their opinion
This bill should be recommended to the Council favorable.
Chairman
Thomas Zakrzewski
. . , w 4 9..-93
—SOUTH,B\\��1
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, ,`',/,':;4 "-mot„..... ,:„A
vI, ��\\�v -—0 City of South Bend
//,\;-)d.,-,\- --
11 V,'`-�` - ,�I%.1a Joseph E. Kernan, Mayor
11 -' = .}i
111 .\\865;,-
Board of Public Works
January 19, 1993
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: PETITION TO VACATE THE 1ST E/W ALLEY NORTH OF W. STULL
FROM THE EAST R.O.W. LINE OF S. FRANKLIN ST. TO THE
WEST R.O.W. LINE OF THE 1ST N/S ALLEY EAST OF S. FRANKLIN
AND THE 1ST N/S ALLEY EAST OF S. FRANKLIN FROM THE
NORTH R.O.W. LINE OF W. STULL TO THE SOUTH R.O.W. LINE
OF W. GARST
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. Ann E. Kolata,
Department of Economic Development, 1200 County-City Building,
South Bend, Indiana, on behalf of the Redevelopment Commission
with Mr. Tom Eddington as the Contact Person, to vacate the
following property:
The first east/west alley north of West Stull Street,
from the east right-of-way line of South Franklin
Street to the west right-of-way line of the first
north/south alley east of South Franklin Street for
a distance of approximately 165 feet and a width of
approximately 14 feet; and
The first north/south alley east of S. Franklin Street
from the north right-of-way line of West Stull to the
south right-of-way line of West Garst Street for a
distance of approximately 571.7 feet and a width of
approximately 14 feet. Part situated in South Bend
City and Stull' s 2nd Addition to the City of South
Bend, Indiana.
For your information, the Board of Public Works received
favorable recommendations from the Police Department, Fire
1308 County-City Building South Bend, Indiana 46601 219/284-9412
John E. Leszczynski James R. Caldwell Mary H. Mueller
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
January 19, 1993
Page -2-
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.
Therefore, the Board submits to you a favorable recommendation
concerning this vacation.
Sincerely,
BOARD OF PUBLIC WORKS
6001,40-1)0. 4 - 11 '
/4
Sandra M. Parmerlee, Clerk
smp
Enc.