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Home My WebLink AboutVacate - North one half of the first North-South alley East of Bendix Dr r ORDINANCE No. 7907-88 Passed by the Common Council of the City of South Bend, Indiana August 22, 19 88 Attest: 4,..............- r City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 23 ,r9 88 -fta,-.-.,2- ( .. h0-2--L--..,--- City Clerk IRENE K. GAMMON Approved and signed by me August 24, 1988 / Mayor ORDINANCE NO. rt 9ra'Z-gg AN ORDINANCE TO VACATE THE FOLLOWING-DESCRIBED PROPERTY: THE NORTH ONE-HALF OF THE FIRST NORTH-SOUTH ALLEY EAST OF BENDIX DRIVE, RUNNING SOUTH FROM BONDS AVENUE FOR A DISTANCE OF APPROXIMATELY 114 .93 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Ind. Code § 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 parcel of land situated in the Northwest Quarter of Section Three (3) , Township Thirty-Seven (37) North, Range Two (2) East of the Second Principal Meridian and being in the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Commencing at the point of intersection of the East line of a north-south fourteen feet (14 ' ) alley with the north line of a fourteen feet (14 ' ) east-west alley, said alleys being shown on the recorded plat of "Westchester First Unit" a subdivision in the City of South Bend, Indiana, and being recorded in Book 13, Page 66, and dated September 4, 1929; thence north, along the East line of said north-south alley a distance of one hundred fourteen and ninety-three hundreths (114.93) feet to a point on the south line of Bonds Avenue; thence West along the South line of said Bonds Avenue, a distance of fourteen feet (14 ' ) to the West line of said north-south alley; thence South, along the West line of said north-south alley a dis- tance of one hundred fourteen and ninety three hundreths (114 .93) feet; thence East, at right angles to the West line of said north-south alley, a distance of fourteen feet (14 ' ) more or less, to the Point of Beginning of this description and containing zero and thirty-seven thousandths (0 .037) acre, 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, tele- phone, 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: Lots 22 through 28 , inclusive, as shown on the Plat of Westchester First Unit, South Bend, Indiana. SECTION IV: The purpose of the vacation of the real property is to unify property owned by the Petitioner and facilitate the use of Lot 28, as shown on the Plat of Westchester First Unit, South Bend, Indiana, by the Petitioner. SECTION V: This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council 1sf READING % - % DIlRIle" tor. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: - A. THE ALLEY DESCRIBED AS: North 1/2 of The/(lst/ iI') ( ict eaznorth-south) ALLEY (east k c ilke A of Bendix Drive SIBEE.24c RUNNING (it prgA kIVsouth) FROM • Bonds Avenue SCORZI2, FOR A DISTANCE OF APPROXIMATELY lijai FEET TO: the east-west alley between Bonds and Hartzer as more part- icularly described on the attached legal description and attached drawing Unit ALL IN Westchester First/ (insert subdivision name) • STREET7 eM STREET, RUNNING (east/west/north/south) TO A DISTAN gEri' NAME (printed and signed) ADDRESS LOT # - Saint Joseph' s Medical 811 East Madison 22-28 . center, Inc. South Bend, Indiana 46617 • • CONTACT PERSON: - IRENE GAMMON John B. Ford Attorney at Law CITY CLERK Name 1800 Vallty el_L an Bank Bldg. LEGAL DESCRIPTION • A parcel of Land situated in the Northwest Quarter of Section ,Three (3) , . Township Thirty-seven (37) North, Range Two (2) East of the Second Principal • Meridian and being in the City of South Bend, Portage Township, St. Joseph County, Indiana ,' and being more particularly described as follows : Y 9 P Y ' Commencing at the point of intersection of the East line of a north-south fourteen feet (14' ) alley with the north line of a fourteen feet (14' ) east-west alley, • said alleys being shown on the recorded plat of "Westchester First Unit" a subdivision in the City of South Bend, Indiana, and being recorded in Book 13, Page 66, and dated September 4, 1929; thence north., along the East line of said north-south alley a distance of one hundred fourteen and ninety three hundreths (114.93) feet to a point on the south line of Bonds Avenue; thence West along the South line of said Bonds Avenue, a distance of fourteen feet (14' ) to the West line of said north-south alley; thence South, along the West line of said north-south alley 'a distance of one hundred' fourteen and ninety three hundreths (114.93) feet; thence East, at right angles to .the West line of said north-south alley, a distance of -fourteen feet (14' ) more or less, to the Point of Beginning of this description and containing zero and thirty-seven thousandths (0.037) acre, more or less. • • • • • • • • • j 9 'JD 7• �' HA R T ZER �� S7: o "' 6"' �°'� 6`—W z'• �L _ V I n C • 6'Cui6 �c1 • Illi a -o® /7Z/2(/)./) /770rP) ® 10 — - a a ® - 5Conc. 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' 4 ' 2 Q nmmtttrr larport Mu to flnnwiun (tounrit of the CV of*nutty Ernd: Your Committee of the Whole to whom was referred BILL NO. 68-88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH—SOUTH ALLEY EAST OF BENDIX DRIVE, RUNNING SOUTH FROM BONDS AVENUE FOR A DISTANCE OF APPROXIMATELY 114.93 FEET. Respectfully.report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Thomas Zakrzewski Chairman FREE PRESS PUBLISHING Co. \\\,: ri 5 o 8,.\\1 �l 04 '\nili,/#�:��,h►� �' I� '�^..0 i v , d City of South Bend //l' �v,-.---:. ,1,;1 .a4 Joseph E. Kernan, Mayor ►4i . .` ,,.'.-a+ Il\‘\‘‘\1865 -__' Board of Public Works August 15 , 1988 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION - N. 1/2 OF THE 1ST N/S ALLEY E. OF BENDIX DRIVE RUNNING S . FROM BONDS AVENUE 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. John B. Ford, Attorney at Law, 1800 Valley American Bank Building, P.O. Box 4577 , South Bend, Indiana, on behalf of the Saint Joseph' s Medical Center, Inc. , 811 East Madison, South Bend, Indiana, to vacate the following alley: The North one-half of the First North/South alley East of Bendix Drive, running South from Bonds Avenue for a distance of approximately 114 . 93 feet For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on August 15 , 1988 . Attorney John B. Ford was present on behalf of the Petitioner and spoke in favor of the vacation. Mr. Ted Kawka, 3029 Bonds Avenue, was present and spoke in regard to this vacation. There was no one else present wishing to speak either in favor or against the vacation and no written objections were filed with the Board. A copy of the excerpts of the minutes of the Public Hearing are attached for your information. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys August 15 , 1988 S.B. Common Council Page Two Therefore, based on favorable comments presented at the Public Hearing and favorable recommendations 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 alley subject to any and all utility easements . Sincerely, BOARD OF PUBLIC WORKS v John E. Leszczynski, President Enc.