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Home My WebLink AboutVacate - Portion of the reight of way of Northside Blvd running from rhe East line of Louise St to the West line of Roberts St • 4 • •' • ORDINANCE No. 8205-91 Passed by the Common Council of the City of South Bend, Indiana- August 26, 91 - 19 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— -_ August 27, 91 19 City Clerk IRENE K. GAMMON Approved and signed by me = ="''"' 6_1' 5-"i9 I w (7:-<7.44- Mayor ORDINANCE NO. ga Z9 67— 9 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY A portion of the right-of-way of Northside Boulevard running from the East line of Louise Street to the West line of Roberts Street for a distance of 154 feet. 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: A part of the West Half (Wf) of the Northwest Quarter (NW*) of Section 18, Township 37 North, Range 3 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Beginning at the southwest corner of Lot No. 49 of Baker and McHenry's Addition (Plat Book 10, Pages 58 and 59) , also being the southwest corner of a property owned by South Bend Controls; thence South along the southerly extension of the west boundary of said Lot No. 49, also being the east right of way line of Louise Street, to a point being 14.00 feet, measured at right angles, northeasterly from the back of the existing curb on the northeastern side of North Side Boulevard; thence southeasterly to the intersection with a line running southwesterly from the southeast corner of Lot No. 51 of Baker and McHenry's Addition, also being the southeast corner of a property owned by South Bend Controls, said line being at right angles to the southwesterly line of said Lot 51 and said intersection point being 14 feet measured at right angles northeasterly from the back of the existing curb on the northeastern side of North Side Boulevard; thence northeasterly to the southeast corner of said Lot 51 and a property owned by South Bend Controls; thence northwesterly along the southwesterly line of Lots No. 51, 50 and 49 of said subdivision to the Point of Beginning, containing 2,874 square feet, more or less. 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 injuriously or beneficially affected by such vacating: The Owner SECTION IV. The purpose of the vacation of the real property is to: erect a sign. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and appr by the Mayor. 1//i PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE July 18, 1.991 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The (1st/2nd) (east-west/north-south) ALLEY (east/west/north/south) of STREET, RUNNING (east/west/north/south) FROM STREET, FOR A DISTANCE OF APPROXIMATELY FEET TO: ALL IN (insert subdivision name.) B. THE STREET DESCRIBED AS: A part of the West Half (Wi) of the Northwest Quarter (NW*) of Section 18, Township 37 North, Range 3 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Beginning at the southwest corner of Lot No. 49 of Baker and McHenry's Addition (Plat Book 10, Pages 58 and 59) , also being the southwest corner of a property owned by South Bend Controls; thence South along the southerly extension of the west boundary of said Lot No. 49, also being the east right of way line of Louise Street, to a point being 14.00 feet, measured at right angles, northeasterly from the back of the existing curb on the northeastern side of North Side Boulevard; thence southeasterly to the intersection with a line running southwesterly from the southeast corner of Lot No. 51 of Baker and McHenry's Addition, also being the southeast corner of a property owned by South Bend Controls, said line being at right angles to the southwesterly line of said Lot 51 and said intersection point being 14 feet measured at right angles northeasterly from the back of the • existing curb on the northeastern side of North Side Boulevard; thence northeasterly to the southeast corner of said Lot 51 and a property owned by South Bend Controls; thence northwesterly along the southwesterly line of Lots No. 51, 50 and 49 of said subdivision to the Point of Beginning, containing 2,874 square feet, more or less. , .rintel a 1 si .ned ADDRESS LOT # 11111111� ��/,2 �`�� %' / �� 1237 Northside Blvd. 38-51 Frank Mu ligan, Genera M,n,a�er South Bend Controls 7 / '/ South, Bend, IN 46615 IRENE GAMMON CONTACT PERSON: Roger Nawrot CITY CLERK Name Cole Associates Inc. ROOM 455 Address 2211 E. Jefferson Blvd COUNTY-CITY BUILDING South Bend,, IN 46615 SOUTH BEND, IN 46601 Phone (219) 236-4400 . SpUTIixB��1 4/ :.i :..: 'l j ,d 114 �•,�`\'''/� ,` City of South Bend /� \,; 1 i V�'` ,f;?1 j Joseph E. Kernan, Mayor 11'1 rf�;;..,,`•-`...................�.�i S\� 1865 Board of Public Works August 20, 1991 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: VACATION PETITION - PORTION OF NORTHSIDE BOULEVARD 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 Mr. Roger Nawrot, Cole Associates, Inc. , 2211 East Jefferson Boulevard, South Bend, Indiana, on behalf of the Petitioner, Mr. Frank Mulligan, General Manager, South Bend Controls, 1237 Northside Boulevard, South Bend, Indiana, to vacate the following property: A portion of the right-of-way of Northside Boulevard running from the East line of Louise Street to the West line of Roberts Street for a distance of 154 feet. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on August 19, 1991. Mr. Frank Mulligan, 17250 McErlain, South Bend, Indiana, Petitioner and General Manager of South Bend Controls, and Mr. Roger Nawrot, Cole Associates, Inc. , 2211 East Jefferson Boulevard, South Bend, Indiana, were present and advised the Board that the purpose of the vacation is to install a sign in front of the building at 1237 Northside Boulevard. There was no one present speaking against the vacation and no written objections were filed with the Board. A copy of the minutes of the Public Hearing is attached for your information. Therefore, the Board of Public Works favorably recommends the vacation of the above referred to right-of-way. Sincerely, BOA"' OF PUBLIC WeRKS .I,1- .-` t.) , lei , /I, Sandra M. Parmerlee, Clerk Enc. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys 03 V. sic 0 -----—-------<—0—f•I I I.••.I 4— If) .z: E C N 0 -C ^ . c O Z , 01 O to Y M/8 ,05 311N3/1 V S183808 e ) QS\14 O Ar J � / %. / .."›., , 4 "x. % ,?, 0) II) 9P‘ etkN , C'9 mc 0 '`o% o� '``C' �� oho �! .\oe , , �Q r ... IMO\ , / Z A l - / am a Z r cz O ' 3 c°,MA/ .AIL .V z813) , .ds / 1S o ,� 39N107 r z co /i / �0 . / / /.. co ftnmmtttn &iepnrt O!n tlpe ennui= QIonnril of tip Q1tt of Snug *rnd: Your Committee of the Whole to whom was referred BILL NO. 49-91 SECOND READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE RIGHT-OF-WAY OF NORTHSIDE BOULEVARD RUNNING FROM THE EAST LINE OF LOUISE STREET TO THE WEST LINE OF ROBERTS STREET FOR DISTANCE: OF 154 FEET. • Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Loretta Duda Chairman