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HomeMy WebLinkAboutVacate - Washington Street West of Niles Ave extended and East of the East Race r s : ORDINANCE No. 7978-89 Passed by the Common Council of the City of South Bend, Indiana April 25, 89 z9 Attest: City Clerk IRENE K. GAMMON o Attest: President f Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 26, 89 zg City Clerk IRENE K. GAMMON Approved and signed by me per ' i z9 � • Opir eye4 Mayor ORDINANCE NO. 7C1-7 8- g I AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WASHINGTON STREET WEST OF NILES AVENUE EXTENDED AND EAST OF THE EAST RACE. 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 PORTION OF WASHINGTON STREET WEST OF NILES AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 48 OF THE ORIGINAL TOWN OF LOWELL THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 48 WHICH IS ALSO THE NORTH RIGHT-OF-WAY LINE OF' WASHINGTON STREET A DISTANCE OF 132 FEET TO A POINT; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WAHSINGTON STREET WHICH POINT IS 70 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF NILES AVENUE; THENCE EAST 70 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET TO THE WEST RIGHT-OF-WAY LINE OF NILES AVENUE; THENCE NORTH 82 .5 FEET MORE OR LESS ALONG THE WEST RIGHT-OF-WAY LINE OF NILES AVENUE EXTENDED TO THE PLACE OF BEGINNING, CONTAINING APPROXIMATELY8,332 SQUARE FEET (SEE EXHIBIT A) . 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: Lot 48 18-5010-027901 18-5001 "C" Pt. 157 SECTION IV. The purpose of the vacation of the real property is to: Permit development of access area for proposed office building. 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. /, 4441 J , ! PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE MARCH 6, 1989 OF THE CITY OF SOUTH BEND, INDIANA WE, THE BOARD OF PUBLIC WORKS, PETITION YOU TO VACATE: THE STREET DESCRIBED AS: THAT PORTION OF WASHINGTON STREET WEST OF NILES AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 48 OF THE ORIGINAL TOWN OF LOWELL THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 48 WHICH IS ALSO THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET A DISTANCE OF 132 FEET TO A POINT; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET WHICH POINT IS 70 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF NILES AVENUE; THENCE EAST 70 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET TO THE WEST RIGHT-OF-WAY LINE OF NILES AVENUE; THENCE NORTH 82.5 FEET MORE OR LESS ALONG THE WEST RIGHT-OF-WAY LINE OF NILES AVENUE EXTENDED TO THE PLACE OF BEGINNING, CONTAINING APPROXIMATELY 8, 332 SQUARE FEET. IRENE GAMMON BOARD OF PUBLIC WORKS ROOM 455 CITY OF SOUTH B ND COUNTY-CITY BLDG. SOUTH BEND, IN 46601 ;�� ;')L w -111tilAnnir h../ a. ATTEST: AAUDIA4a2V'' 111' 44't;4;"'• rn '1 ♦ f Q� v y ' ' ' @ fT ``{ .. „. ••' ..r ... .1;- ,eurameavel D ,:a \s l ` t `• a ` ..von T r � r. 3r�rs.+.f,ar'1 +c. r , r C >r' �y —i Z •,.. 4.. 2-5.R Xvrf2 ^ca rs �v • i 'e_% .�:' l',!+krj '•°� :: • y•• �..+.�_.s t�•S,I j • y�y s �, t_{.J; :4,,•,,...e,,,..., „1^t?"�'�• •i' . t ,- "rs rfvx... '4.4 2. �Db.S Y -, •,r i y,,,. r, .1..,0. ..:-..--,-;.�f ,J :.. ,•'' ,• • ; '2'. •...w.T ,ra ' _ .�e!.' 0. "Y . "f r 1t "1 m L qt.'. ,-+++s �K,n a T''5` t •Sq'r r ♦ w s "- -,,,..;,. .,.....---1.--,,,,-..4 --- '24.i,..„4:...1 .. -.....c._.;:- . ...:,;...?":;-_-.31-.:; ,,,c 4•-:'.7..:,-.4:)` ,.:-.k.,... 14.4...e;..•.."2:74:4„sts4 r., k, .'V C � y, `'y ` .T'•-�^�1' �'a1'° t�2"�•1/yeLS _ ,f�f ~.¢.: ,. 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' m !%C. pQ.S•t K.1 �'n: w ► _ r A S•• t+°'^ '' ' F. +& .:'a-..,!4`'w- 'A' { ''p. � UTH8�;1111 T . b 7 u \\I/7 City of South Bend ��J,.'•a� Joseph E. Kernan, Mayor 1111 ,j•... ?:/+/ 1h����\\865,= Board of Public Works March 6, 1989 MEMBERS OF THE COMMON COUNCIL Council Chambers 4th Floor, County-City Building South Bend, Indiana 46601 RE: VACATION OF WASHINGTON STREET BETWEEN NILES AVENUE AND THE EAST RACE Dear Members of the Council: The Board of Public Works is petitioning the South Bend Common Council for the vacation of the above named portion of Washington Street. Vacating this portion of Washington Street will facilitate the orderly development, design and construction of a major corporate headquarters office building that has been deemed compatible with the objectives of the Development Plan for the East Bank. The siting of this office building will have direct positive economic impact in the Central Business District as well as the East Bank. We ask for your approval of our request by filing the Petition for Vacation with the Common Council. Sincerely, BOARD OF PUBLIC WORKS 1.1.4,j1; ohn E. Leszczynski, President JEL/smp Enc. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys • 7 `\;I, i; ' ' r 04. ` Oj i "' ,,�"`''"' % v City of South Bend i1:.a Mayor vNIi 1+`t .,,' ' ',as y Joseph t: Krrnan.• Redevelopment Commission Ann E. Kolata Director March 1 , 1989 Board of Public Works City of South Bend 13th Floor, County-City Building South Bend, IN 46601 Re: Vacation of Washington Street between Niles avenue and the East Race Dear Board Members: The Redevelopment Commission is herewith requesting the Board of Public Works to petition the South Bend Common Council for the vacation of the above named portion of Washington Street. Vacating this portion of Washington Street will facilitate the orderly development, design and construction of a major corporate headquarters office building that has been deemed compatible with the objectives of the Development Plan for the East Bank. The siting of this office building will have direct positive economic impact on the Central Business District as well as the East Bank. We ask for your approval of our request by filing the petition for vacation with the Common Council. Respectfully, ; _ APPROVED ,Ann E. Kolata BOARD OF PUBLIC WORKS Director h AR 6 1989 AEK:mlN LK:ml/a .i�% � .. `i.: :•-. zc v County-City Building • South Bend, Indiana 46601 • 219/284-9371 Telefax 219/284-9892 F. Jay Nimtz Paula N. Auburn Roman Piasecki Sandy Combs Michael Donoho President Vice President Secretary Assistant Secretary Member =SOUTH 8'1\1,1� • : x • �����ii�i�. -=d City of South Bend �).}/ Joseph E. Kernan, Mayor 1 .e.'x' Y......._..:.:...---4__,� 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: WASHINGTON STREET WEST OF NILES AVENUE EXTENDED AND EAST OF THE EAST RACE 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 the City of South Bend Board of Public Works to vacate the following property: That portion of Washington Street west of Niles Avenue described as follows: Beginning at the southeast corner of Lot 48 of the original Town of Lowell thence west along the south line of said Lot 48 which is also the north right-of-way line of Washington Street a distance of 132 feet to a point; thence southeasterly to a point on the south right-of-way line of Washington Street which point is 70 feet west of the west right-of-way line of Niles Avenue; thence east 70 feet along said south right-of-way line of Washington Street to the west right- of-way line of Niles Avenue; thence north 82.5 feet more or less along the west right-of-way line of Niles Avenue extended to the place of beginning, containing approximately 8 , 332 square feet. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on March 20 , 1989. A copy of the minutes of the Public Hearing is attached for your information. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys • _ 4 . • MEMBERS OF THE COMMON COUNCIL March 21, 1989 Page -2- 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 WAIL') Sandra M. Parmerlee, Clerk smp Enc.