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Home My WebLink AboutVacate - Portion of West Wayne St right of way from lot #288 of the orginal Plat of South Bend ORDINANCE NO. 7971-89 Passed by the Common Council of the City of South Bend, Indiana Marc-h 28, ig 89 Attest: City Clerk IRENE K. GAMMON Attest: 111'f gire/. ' t President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ March 29, 19 89 City Clerk IRENE K. GAMMON Approved and signed by me . ig SS / Mayor SUBSTITUTE ORDINANCE ORDINANCE NO.79 7/f'? AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A portion of West Wayne Street right-of-way from Lot #288 of the Original Plat of South Bend. 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, subject to the reverter provision set forth below. . 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 North 11. 00 feet of West Wayne Street right-of-way that is abutting the East 73 . 00 feet of Lot #288 of the Original Plat of South Bend excepting therefrom a rectangular portion 6. 02 feet North-South by 14. 00 feet East-West at the Southeast corner of said 11.00 feet strip. hereby determines that it is desirable to vacate said property and same is hereby vacated subject to the reverter in Section V below. 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: S. 1/2 lot 288 O.P. South Bend (Commonly known as 235 S. Michigan Street) SECTION IV. The purpose of the vacation of the real property is to: Allow for the construction of a "greenhouse" type seating area for adjacent restaurant SECTION V. In the event that the vacated property ceases to be used as a "greenhouse" seating area for an adjacent restaurant, this vacation shall be void and the property shall revert to public right-of-way status. SECTION VI. This ordinance shall be in full force and effect from and after its passage by the Common Council and a proval by the Mayor. • • s■ • • a- I0 _9 r 110- • —1L ; C • • v 1 ! f n.- j Z • • r �.. _ ... € (. . J. ..13utLrar.: -'att•- 1 -'MAID •:• 1 Cat_r. CAI f i: . -•I _ - i '• M%.IIA4 - '' _ _ . ',.. _ .. 7 . . .... .. - - i 3 ' /lam': • - • - a . \i 12" - • • � If M SiKU:_r.10.E f(r_ot .0 AI7f Pb move.D) • • - /M4./ t`' r P \\ 4tOtTt:D.LMP 7fdi"4� . (t<-7 HEW Al 1i M ' L4.SLM a 12° t '�.5.a v n - CMP CaUr.e(E ,.a.icL�tc • - -°- - - 1 - .- Unt•flY. ,1 11700 Z. . t•;'..; '1■11:.I - -- -- --- ---- .. . . . :(n 7tii i fin tP;yL.1i`Y,t-lvl:VI* ? .-.'• - -. • - • t7. -SY:• DATE REVISION .. NO. BY DATE. REVISION - DATE: 2-II-0ip "' ' DRAWN. D&8811i 5_ -.;• `.�?, CHECKED:- ..••.!. ., -_; • AFRVD: SCALE ..t,o•-' r `<q • • cvi:�e:.- _.-r. - PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE 2/28/89 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: sidewalk A. THE tddEX DESCRIBED AS: See attached legal description. The (1st/2nd) (east-west/north-south) ALLEY (ea /9011 of STREET, RUNNING (east/west/north/south) OM FEET STREET, FOR A DISTANCE OF APPROXIMATELY TO: See attached legal description. • ALL IN (insert subdivision name) B. THE STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (east/west/north/south) TO STREET, FOR A DISTANCE OF APPROXIMATELY FEET. NAME (printed and signed) ADDRESS LOT # • CONTACT PERSON: Dept. of Economic Development IRENE GAMMON Name Attn: Rick Pitts CITY CLERK _ 1 wnn R„;1 ai na . , . . . . , . . ph, PEIRCE & ASSOCIATES Land Surveyors & Professional Engineers H. Douglas Peirce L.S. Ronald Hamer L.S. Lawrence Merritt P.E. john R.Vance P.E. Survey Ordered By: James A. Cook ' Survey Dated: September 2, 1988 Revised: February 14, 1989 File # 882146 LEGAL DESCRIPTION FOR GREENHOUSE THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, INDIANA BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT # 288 IN THE RECORDED PLAT OF "ORIGINAL PLAT OF SOUTH BEND"; THENCE SOUTHERLY WITH THE WESTERLY RIGHT-OF-WAY LINE OF MICHIGAN STREET, 4.98 FT.; THENCE WESTERLY PARALLEL WITH THE NORTHERLY RIGHT-OF-WAY OF WAYNE STREET, 14.00 FT. ; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY RIGHT-OF-WAY OF MICHIGAN STREET, 6.02 FT. ; THENCE WESTERLY PARALLEL WITH THE NORTHERLY RIGHT-OF-WAY LINE OF WAYNE STREET, 59.00 FT. ; THENCE NORTHERLY PARALLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID MICHIGAN STREET, 11.00 FT.; THENCE EASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF WAYNE STREET 73.00 FT. TO THE, POINT OF BEGINNING. CONTAINING 0.0164 ACRES. ,,0 ° „ iS TE ••v , -------- 7----) • `1..,. q",4° oars 7 <:: .E....-- -.•_ : s:..: of o • H. Douglas Peirce L.S. # S 0318 �•' Stltt'�,,�► File # 882146 LEWP MD REZ. DISK # 2 52578 U.S. # 33 North, P.O. Box 8160, South Bend, Indiana 46637 219/277-5381 200 North Cass, Berrien Springs, Michigan 49103 616/471-3010 8 \‘1■ %.774 ;;;; �,:.� tit k" j e City of South Bend ///, ' �Il,.}j Joseph E. Kernan, Mayor * 1865 * Board of Public Works March 21 , 1989 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: STREET VACATION: PORTION OF WEST WAYNE STREET RIGHT-OF-WAY FROM LOT #288 OF THE ORIGINAL PLAT OF SOUTH BEND 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. Rick Pitts, Department of Economic Development, 1200 County-City Building, South Bend, Indiana, to vacate the following property: The North 11.00 feet of West Wayne Street right-of-way that is abutting the East 73 . 00 feet of Lot #288 of the Original Plat of South Bend excepting therefrom a rectangular portion 6.02 feet North-South by 14.00 feet East-West at the Southeast corner of said 11.00 feet strip. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on March 20, 1989 . Mr. Rick Pitts, Department of Economic Development, was present and spoke in favor of the vacation. A copy of the minutes of the Public Hearing is attached for your information. Based on favorable comments received from the Area Plan Commission, the Engineering Department and the Department of Economic Development, the Board favorably recommends the vacation of the above referred to street subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS - (1/1011ta.:1)6 'WJAA. Sandra M. Parmerlee, Clerk Enc. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys