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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 - '9 —�.w. 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 ig 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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Kernan, Mayor :..: '‘ '18.6.5 `_ 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