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HomeMy WebLinkAboutVacating First North South Alley West of main St Running north from Colfax Ave • • • ORDINANCE No. 8225-91 Passed by the Common Council of the City of South Bend, Indiana_ November 25, 91 r9 Attest: Cit y Clerk /r IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— November 26, 91 i9 City Clerk IRENE K. GAMMON Approved and signed by me ! '- Ig� ° � �` Mayor • • x , • SUBSTITUTE Air IMF ORDINANCE NO. g as'q l AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST NORTH-SOUTH ALLEY WEST OF MAIN STREET, RUNNING NORTH FROM COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY ONE HUNDRED NINETY-EIGHT FEET ( 198 ' ) TO THE SOUTHERN BOUNDARY OF THE FIRST EAST-WEST ALLEY SOUTH OF LASALLE STREET BETWEEN LAFAYETTE AND MAIN STREETS, ALL IN THE CITY OF SOUTH BEND, INDIANA 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, Indiana, on behalf of its Department of Redevelopment, acting by and through the South Bend Redevelopment Commission, owner of the property at 213 W. Colfax Avenue, has petitioned the Common Council to vacate a certain public right-of-way which the property at 213 W. Colfax abuts. This Ordinance vacates the below-described public right-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, on behalf of its Department of Redevelopment and acting by and through the South Bend Redevelopment Commission, to vacate the following described right-of-way in South Bend, St. Joseph County, Indiana: The first North-South alley West of Main Street, running North from Colfax Avenue for a distance of approximately One Hundred Ninety-eight feet ( 198 ' ) to the Southern boundary of the first East-West alley South of LaSalle Street between Lafayette and Main Streets, all in the City of South Bend, Indiana, hereby determines that it is desireable and in the best interests of the City to vacate said public right-of-way and does hereby vacate said public right-of-way. Section II. The City of South Bend 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 may be beneficially affected by such vacation: That part of Lots Numbered Two Hundred Twenty-six ( 226) , Two Hundred Twenty-seven ( 227) and Two Hundred Twenty-eight ( 228) as shown on the Original Plat of the Town, now City of South Bend, as recorded in the records of St. Joseph county_ j . ♦ n $eginhing at the Southwest corner of said Lot 228; thence North along the West line of Lots 226, 227 and 228 in said plat 198.00 feet to the Northwest corner of said Lot 226; thence East along the North line of said Lot 226, 100. 00 feet; thence South 139. 90 feet; thence West 44.80 feet; thence South 8 .0 feet; thence West 17. 00 feet; thence South 50. 10 feet to the North line of Colfax Avenue; thence West along said line and the South line of Lot 228, 38. 20 feet to the point of beginning. Commonly known as 213 West Colfax. Section IV. The purpose of the vacation of said right-of-way is to allow for the redevelopment of the property at 213 W. Colfax Avenue, which site abuts said right-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 5 day of ,,� �J 1991. / Member, on Council • L - • 1 SUBSTITUTE PETITION TO VACATE PUBLIC RIGHT-OF-WAY To: The Common Council of the Date: October 30, 1991 City of South Bend, Indiana The City of South Bend, Indiana, on behalf of its Department of Redevelopment, acting by and through the South Bend Redevelopment Commission, owner of the property at 213 W. Colfax Avenue, South Bend, PETITIONS the Common Council of the City of South Bend, Indiana to VACATE the ALLEY described as: The first North-South alley West of Main Street, running North from Colfax Avenue for a distance of approximately 198 feet to the Southern boundary of the first East-West alley South of LaSalle Street between Lafayette and Main Streets, all in the City of South Bend, Indiana. The petitioned vacation is proposed in order to allow redevelopment of the site at 213 W. Colfax Avenue. 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 Lot # Main Street Row Properties P.O. Box 3188 East Part Lots South Bend, IN 46619 226, 227 & 228 OP South Bend Shively D.M. Est. Inc. 738 Riverside Ct. Lot 225 c/o Harry Coffman South Bend, IN 46616 0 P So Bend South Bend Tribune Corp. 223 W. Colfax Avenue Lots 229-30-31 & South Bend, IN 46601 S 1/2 Vac. Alley N & Adj 0 P So Bend South Bend Tribune Corp. 225 W. Colfax Lot 232 & N 1/2 South Bend, IN 46601 Vac. Alley S & Adj 0 P So Bend 1st Source Bank P.O. Box 1602 Lot 224 0 P c/o E.W. Reznik South Bend, IN 46634 So Bend 1st Source Bank P.O. Box 1602 Lot 223 0 P c/o E.W. Reznik South Bend, IN 46634 So Bend Instant Copy of Indiana Inc. 129 N. Main Street Lots 235 & 236 95 South Bend, IN 46601 Ft E End Lot 235 3 Ft N Side 95 Ft E End Lot 236 0 P So Bend MJH an Indiana Partnership 212 W. Colfax Ave. Lots 235 & 236 38 South Bend, IN 46601 Ft W End Lot 235 38x10 Ft NW Cor Lot 236 0 P So • . , South Bend Tribune 225 W. Colfax Lot 233 Ex 21 Ft South Bend, IN 46601 So Side & Lot 234 Ex E 42 Ft of No 50 Ft Original Plat South Bend Tribune Corp. 225 W. Colfax 21 Ft So Side Lot South Bend, IN 46601 233 0 P South Bend So Bend Colfax Place Associates P.O. Box 1331 Lot 7 E 21 Ft Lot c/o John Phair - South Bend, IN 46624 4 Lot 8 Knoblocks Holladay Corp. Sub 0 P 245 246 So Bend Colfax Place Associates P.O. Box 1331 Lots 245 & 246 60 c/o John Phair - South Bend, IN 46624 Ft E End 0 P So Holladay Corp. Bend SOUTH BEND REDEVELOPMENT COMMISSION BY: eV). Paula N. Auburn, President Attest: , Michael Donoho Irene Gammon Contact Person: City Clerk Ann E. 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WrAl — " � �'— bOEO.OI ?o° %b� SoJbo- E,l^cs ° 189' I la, . - boo- v 00E0.11 s�..•bu<". -X to _ N 0440-09E 0 61 0000-1 bil 0- IW a bbLO ELL -1 E%d0• a 50. 86L0• 61 $$I bEL a 0060 bLE y0r1 y0+ P. u 90r S%/ j L LB t5—It Go, zGi ..777b'S V7 u 1 • • • • SoUTN \\� , • _�� ,: d City of South Bend ,:; j Joseph E. Kernan,Mayor q1�,�`•. .µ:_ a ,=- 11\\\\\\\86S Department of Economic Development Jon R. Hunt Ann E. Kolata Executive Director Deputy Executive Director October 21, 1991 Mr. Donald Niezgodski, President South Bend Common Council Fourth Floor County-City Building South Bend, Indiana 46601 Re: An Ordinance Effectuating the Vacation of the First North-South Alley East of Main Street, Running North from Colfax Avenue for a Distance of Approximately One Hundred Ninety-Eight Feet (198 ' ) to the Southern Boundary of the First East-West Alley South of LaSalle Street between Michigan and Main Streets, all in the City of South Bend, Indiana. Dear Mr. Niezgodski: I am attaching for filing a Petition requesting and an Ordinance effectuating the vacation of the first north-south alley east of Main Street, running north from Colfax Avenue for a distance of approximately one hundred ninety-eight feet ( 198 ' ) to the southern boundary of the first east-west alley south of LaSalle Street between Michigan and Main Streets, all in the City of South Bend, Indiana. As you will note, the petition is being made by the South Bend Redevelopment Commission, governing body of the City' s Department of Redevelopment, owner of the abutting property at 213 W. Colfax Avenue, the site of the Colfax Theatre. The Commission seeks the vacation of the alley in order to facilitate development of the Colfax Theatre site by the South Bend Tribune, which will be purchasing that site from the City. Your favorable consideration is requested. Sincerely,/ nn Kolata Director of Redevelopment Attachment 1200 County-City Building • South Bend, Indiana 46601 • 219/284-9371 Fax 219/284-9021 Redevelopment Economic Development Housing Rehabilitation Financial & Program Human Rights Ann Kolata & Business Assistance Kathryn Baumgartner Management Cynthia Love-Bush 284-9371 Donald Inks 521 Eclipse Place Elizabeth Leonard 284-9355 284-9335 284-9475 284-9335 • .7- 9 /J - ` _ 5O[ H 8\\\III v,' City of South Bend Joseph E. Kernan, Mayor 65 Board of Public Works November 6, 1991 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION - 1ST N/S ALLEY WEST OF MAIN STREET 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 filed by Ms. Paula N. Auburn, President, South Bend Redevelopment Commission, to vacate the following alley: The first North-South alley West of Main Street, running North from Colfax Avenue for a distance of approximately 198 feet to the Southern boundary of the first East/West alley South of LaSalle Street between Lafayette and Main Streets, all in the City of South Bend, Indiana. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on November 4, 1991. A copy of the excerpts of the minutes of the Public Hearing is enclosed. Ms . Ann Kolata, Deputy Executive Director, Department of Economic Development, was present on behalf of the Petitioner and advised the Board that the the parcel of property on which the Colfax Theatre is located was purchased by the South Bend Tribune from the Redevelopment Commission contingent upon the vacation of the alley adjacent to the property. Therefore, the vacation is requested in order that the South Bend Tribune can expand their current facility over the alley and onto the parcel of property on which the Colfax Theatre is located. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys MEMBERS OF THE COMMON COUNCIL November 6, 1991 Page -2- Mr. E. W. Reznik, 1st Source Bank and Mr. David Ray from the South Bend Tribune were present and spoke in favor of the vacation. Additionally, the Board received a letter from Mr. John E. Phair, The Holladay Corporation, expressing support of this request. Therefore, based on the favorable comments heard at the Public Hearing and favorable recommendations received from the Area Plan Commission, Fire Department, Department of Public Works and Department of Economic Development concerning this vacation, the Board of Public Works favorably recommends the vacation of the above referred to alley. Sincerely, BOARD OF PUBLIC WORKS 41 �� Sandra M. Parmerlee, Clerk smp Enc. Q1 nntnttttn 1innrt - ' - aiu the Tolman flounat of the City of*outs fiend: Your Committee of the Whole to whom was referred BILL NO. 67-91 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST NORTH-SOUTH ALLEY WEST OF MAIN STREET, RUNNING NORTH FROM COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY ONE HUNDRED NINETY-EIGHT FEET ( 198 ' ) TO THE SOUTHERN BOUNDARY OF THE FIRST EAST-WEST ALLEY SOUTH OF LASALLE STREET BETWEEN LAFAYETTE AND MAIN STREETS, ALL 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, as amended, by substitution. Chairman Loretta Duda FREE PRESS aBleaBo PUBLISHING CO.