HomeMy WebLinkAboutVacate - first east west alley north of east colfax Ave US 20 from the West Right of Way line of North Frances ORDINANCE No. 8274-92
Passed by the Common Council of the City of South Bend, Indiana_
July 13, 92
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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 14, 92
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City Clerk
IRENE K. GAMMON
Approved and signed by me a.(
j'!�` Mayor
ORDINANCE NO. RoD 7 AR
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY
THE FIRST EAST/WEST ALLEY NORTH OF EAST COLFAX AVENUE (U. S. 20)
FROM THE WEST RIGHT—OF—WAY LINE OF NORTH FRANCES STREET TO THE
EAST RIGHT—OF—WAY LINE OF EDMOND COURT FOR A DISTANCE OF
APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 10 FEET.
PART SITUATED IN COTTRELL' S FIRST ADDITION IN THE CITY OF SOUTH
BEND, 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 FIRST EAST/WEST ALLEY NORTH OF EAST COLFAX AVENUE (U. S. 20)
FROM THE WEST RIGHT—OF—WAY LINE OF NORTH FRANCES STREET TO THE
EAST RIGHT—OF—WAY LINE OF EDMOND COURT FOR A DISTANCE OF
APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 10 FEET.
PART SITUATED IN COTTRELL' S FIRST ADDITION IN 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 beneficially
affected by such vacating to have through access to the proposed
parking lots of Medical Arts Corporation of South Bend ( South
Bend Clinic) .
SECTION IV. The purpose of the vacation of the real
property is to have contiguous parking and to eliminate a curb
cut off of Frances Street as recommended by the City Engineering
Department.
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 RIGHTS-OF-WAY
( STREETS AND ALLEYS)
TO THE COMMON COUNCIL DATE
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE A PART
OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP
37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA.
A. THE ALLEY DESCRIBED AS 10. 00 FEET NORTH/SOUTH AND 165. 00
FEET EAST/WEST, LYING BETWEEN FRANCES STREET AND EDMOND COURT,
AND 128. 00 FEET NORTH OF THE NORTHWEST CORNER OF COLFAX AVENUE
AND FRANCES STREET IN COTTRELL' S FIRST ADDITION TO THE CITY OF
SOUTH BEND, INDIANA.
M' . %EUGEN LADEWSKI
MEDICAL. ARTS _CORPORATION ;OF SOUTH BEND
P. O. BOX 1755
SOUTH BEND, INDIANA 46634
LOT #14
86% CONTIGUOUS OWNER
IRENE GAMMON
CITY CLERK
ROOM 455
COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
CONTACT: VALLEY ENGINEERING CONSULTANTS, INC.
14887 STATE ROAD 23
GRANGER, IN 46530
( 219) 277-9075
AND/OR MR. RICHARD MORGAN, ATTORNEY-AT-LAW
BARNES & THORNBURG
600 1ST SOURCE BANK CENTER
100 NORTH MICHIGAN
SOUTH BEND, IN 46601
( 219) 233-1171
June 19, 1992
Alley Vacation
Board of Public Works
1316 County-City Building
South Bend, IN 46601
The alley to be vacated is described as the first east-west alley north of
E. Colfax Ave. (U.S. 20) from the west right-of-way line of N. Frances St.
to the east right-of-way line of Edmond Ct. for a distance of
approximately 165 feet and a width of approximately 10 feet. Part
situated in Cottrell's First Addition in the city of South Bend, Indiana.
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C91'-&,-,-,-- ,�57'.a j Joseph E. Kernan, Mayor
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Board of Public Works
July 6, 1992
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: VACATION OF 1ST E/W ALLEY NORTH OF EAST COLFAX
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 Mr. Eugene Ladewski, Medical Arts
Corporation of South Bend, P.O. Box 1755, South Bend, Indiana,
naming as Contact persons Valley Engineering Consultants, Inc. ,
14887 State Road 23, Granger, Indiana and Mr. Richard Morgan,
Attorney at Law, Barnes & Thornburg, 600 1st Source Bank Center,
100 North Michigan Street, South Bend, Indiana, to vacate the
following public right-of-way:
The first east/west alley North of East Colfax
Avenue (U.S. 20) from the west right-of-way line
of North Frances Street to the East right-of-way
line of Edmond Court for a distance of approximately
165 feet and a width of approximately 10 feet. Part
situated in Cottrell' s First Addition in the City
of South Bend, Indiana.
For your information, the Board of Public Works received favorable
recommendations concerning this vacation from the Fire Department,
Police Department, Division of Sanitation, Division of Engineering
and Area Plan Commission.
Therefore, the Board submits to the Common Council a favorable
recommendation regarding this alley vacation.
Sincerely,
. i
BO -D OF PUBLIC ORKS
4/ 0 kiii-LU. taai\L-L-/
Sandra M. Parmerlee, Clerk
.*
1308 County-City Building South Bend, Indiana 46601 219/284-9412
John E. Leszczynski James R. Caldwell Mary H. Mueller
flmnmtttrr Evart
eu tie Mammon Montt of tip Mtn of*nu* flea:
Your Committee of the Whole
to whom was referred
BILL NO.
49-92 SECOND READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED
PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF EAST COLFAX
AVENUE (U.S. 20) FROM THE WEST RIGHT-OF-WAY LINE OF NORTH
FRANCES STREET TO THE EAST RIGHT-OF-WAY LINE OF EDMOND COURT
FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF
APPROXIMATELY 10 FEET. PART SITUATED IN COTTRELL'S FIRST
ADDITION IN THE CITY OF SOUTH BEND, INDIANA.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Ann Puzzello Chairman