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
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Attest: City Clerk
IRENE K. GAMMON
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Attest: President f Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 26, 89
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City Clerk
IRENE K. GAMMON
Approved and signed by me per ' i z9 �
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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.
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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
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��J,.'•a� Joseph E. Kernan, Mayor
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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
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1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412
John E. Leszczynski Patricia E. DeClercq Katherine Humphreys
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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
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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
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City of South Bend
�).}/ Joseph E. Kernan, Mayor
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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
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