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Home My WebLink AboutVacate - First east west Alley south of Jefferson St from the west line of Frances St • 1 I- ORDINANCE No. 8126-90 Passed by the Common Council of the City of South Bend, Indiana September 24, 90 19 Attest: F--^-G City Clerk IRENE K. GAMMON Attest: President o f Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 25, 90 ig ` - � City Clerk IRENE K. GAMMON Approved and signed by met a Ig / Mayor • • ORDINANCE NO. 8126-90 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first east-west ALLEY south of Jefferson Street, from the west line of Frances Street running west for a distance of approximately 165 feet to the east line of the first intersecting north-south alley west of Frances Street all in Barman' s Subdivision of South Bend, St. Joseph County, 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 vacated 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 south of Jefferson Street, from the west line of Frances Street running west for a distance of approximately 165 feet to the east line of the first intersecting north-south alley west of Frances Street all in Barman' s Subdivision of South Bend, St. Joseph County, Indiana. 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, 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: Lots numbered 3, 4, 7, 8, 9, 10 all in Barman' s Subdivision of South Bend, St. Joseph County, Indiana. SECTION IV. The purpose of the vacation of the real property is to: Permit expansion of a paved parking lot for an orthodontist' s office and residential rental property. SECTION V. This vacation is subject to an appropriate easement agreement being approved by the City Engineering Department. SECTION VI. 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: 7- 1 d �� OF THE CITY OF SOUTH BEND, INDIANA I, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE: THE ALLEY DESCRIBED AS: The 1st east-west ALLEY south of Jefferson Street, running west from Frances Street, for a distance of approximately 165 feet to the east line of the first intersecting alley west of Frances Street. ALL IN Barman' s Subdivision of South Bend, St. Joseph County, Indiana. NAME (printed and signed) ADDRESS LOT ## Dr. . ames V. Macri 926 E. Jefferson Blvd. 9, 10 and South Bend, IN 46617 a portion of lot ## 7, 8 . By: U e..„ IRENE GAMMON CONTACT PERSONS: CITY CLERK Names: Bruce R. Bancroft ROOM 455 Scott M. Keller COUNTY-CITY BUILDING BARNES & THORNBURG SOUTH BEND, IN 46601 100 North Michigan Suite 600 South Bend, IN 46601 (219) 233-1171 • - . , 1 • . ... . .C>7zTI -_:(9-2'..2IL5C2217- . - - , • f&C4 , — . ,,. . .,. : ..-_-_-.- .,............,,.......... -... , N ,.) 2 y .-.4.. \I - ...7-:. • . .'z .. , ....• '4.....". '..,,......et, ..— :..., 0. (`'"J •k„,,,....,... . .. .. . - , . --"•4 '44'->..- •—,,J. .. 4 a .... 1. 4., -4--.... -...,...- ... : \.9 • 1.1 i't -- ,lit--•--'3'' .9 Z \.' * 1:-.,,, , .. • 4. v; ..„. .1- CLF , . _ , ......, --• :: ."11"»..,.•. '..1-;.: V • Ki.-:-....-2,`---::; :: - . •• ,,'-'-.--, ""': CZ\I • , W1,47.-',:.... -44,.. .,_::....1.•__....-4.`, ,,,..,,..s....,-- ...-_...................' ‘,1 AdtfjejrarArirt Cr3 .- ••• _ _,...--,...,-. ..;,,,,t, ..-,, , .....Ff'-',..'' •,-)-'".. • -'',. - . • ■, • . r,....... _ ._ . . cs . i ...) kl,... 1■1 11 I i\•..) .N I \I 61 ■Zil e \ i&r I 11 -...... • . / - ,.. ; re.2FT/-7.2712.2r C55—Zo7 • .111 Property Owned by Petitioner ., E :1 Alley to be Vacated `SpUTN48 �� . .` �� 1/ d City of South Bend //,\ `) 1 ,57/Z/j Joseph E. Kernan, Mayor 111, 186... Board of Public Works September 10, 1990 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION - 1ST E/W ALLEY SOUTH OF JEFFERSON ST. Dear Members of the Council: This is to advise you that the Board of Public Works, at their meeting held on September 10, 1990, conducted a Public Hearing concerning the Vacation Petition submitted to vacate the following alley: The first East/West alley South of Jefferson Street, from the West line of Frances Street running West for a distance of approximately 165 feet to the East line of the first intersecting North/South alley West of Frances Street all in the Barman' s Subdivision of South Bend, St. Joseph County, Indiana. Mr. Scott M. Keller, Barnes & Thornburg, 100 North Michigan, Suite 600, South Bend, Indiana, was present on behalf of the Petitioner, Dr. James V. Macri, 926 East Jefferson Boulevard and spoke in favor of the vacation. It was noted that the Board received a letter from Mr. Stephen A. Anella, President and CEO of Mathews Purucker Anella, Inc. , 218 South Frances Street, South Bend, Indiana, advising that they do not object to the vacation of this alley, especially if it is used to provide much needed off-street parking. A copy of the minutes of the Public Hearing is attached for your information. Based on favorable comments received from the Area Plan Commission, Engineering Department, Fire Department and the Department of Economic Development, the Board favorably recommends the vacation of the above referred to alley subject to any and all utility easements. Sincerely, BOiRD OF PUBLIC WORKS / ` lJ. �1�J�rU Sandra M. Parmerlee, Clerk Enc. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. 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L u , � '4.," -0070 .170 o _—�. /IQ. �� It+ 4-O/ 34. -0071 ' -D/7 -0180 ,� 7r 7; ''r 8�s=y- ——J ————— �-0l14 I Icr.cI '�I -0074 n -0173 -018.1 , - �o CY o; ilt A, o • j-01!$ o� o �; a3C35r-1 -007519 v `V�D-D/74 -Ol= _._—x- o O O °� 144.51 j8o1/G5 IG5 4 o IG5 `� i /48 Jl0 M `� 50 "? 82.5 55 /10 55 1' S5 /73 171.07 31.5 ° 31.5 32 r4`, $ IG5 I 1344 43.2 4'1.2 " 11 j,, n c,ok co O ( 3 O r——— I p (1;3 r. 1 , �. 34 - -0165 I Al 11 _ - ° �r•ar•11PAsi I I R •1.111i/ (inmmtttrr /Evart- Ola the Tow= Qlounril of thr elitj of*milli lirnd: Your Committee of the Whole to whom was referred BILL NO. 74-90 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST—WEST ALLEY SOUTH OF JEFFERSON STREET, FROM THE WEST LINE OF FRANCES STREET RUNNING WEST FOR A DISTANCE OF APPROXIMATELY 165 FEET TO THE EAST LINE OF THE FIRST INTERSECTING NORTH—SOUTH ALLEY WEST OF FRANCES STREET ALL IN BARMAN'S SUBDIVISION OF SOUTH BEND, ST. JOSEPH COUNTY, 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. Chairman Sean Coleman FREE PRESS PUBLISHING Co.