The URL can be used to link to this page

Home My WebLink AboutVacate - 1st North-South Alley West of Frances St Running South from Colfax St ORDINANCE No. 7920-88 Passed by the Common Council of the City of South Bend, Indiana October 10, 19 88 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 11, 19 88 City Clerk IRENE K. GAMMON Approved and signed by me October 12 , I 8 8 Igo 744- Mayor ORDINANCE NO. '70 b g'8' AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1ST NORTH-SOUTH ALLEY WEST OF FRANCES STREET, RUNNING SOUTH FROM COLFAX STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET, ALL IN WHITTEN'S SUBDIVISION OF LOT 17 COTTRELL-S FIRST ADDITION. 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: 1st north-south alley west of Frances Street, running south from Colfax Street for a distance of approximately 198 feet, all in Whitten's subdivision of Lot 17 Cottrell' s first addition. 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: Lots 1, 2, 3 , 10, 11 and 12 SECTION IV. The purpose of the vacation of the real property is to: Construct a medical office building and parking lot on the adacent site. SECTION V. This vacation is subject to the following condition being met by the petitioner: Providing access easements across said alley to the City as required by the Board of Public Works at its meeting of October 3, 1988. SECTION VI. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor. tuber of the Common Council PETITION TO VACATE PUBLIC RIGHTS-OF-WAY TO THE COMMON COUNCIL DATE: September 16, 1988 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS(S) , PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: 1st north-south alley west of Frances Street , RUNNING south from Colfax Street for a distance of approximately 198 feet . ALL IN Whitten's subdivision of Lot 17 Cottrell 's first addition. NAME (printed and signed) ADDRESS Lot # Troeger, Garcia and Ansari 311 First Interstate Bldg South Bend, Indiana Edward A. Lawton, DDS 900 E. Colfax S.Bend IN John M. Stenger, DDS 900 E. Colfax S.Bend IN CONTACT PERSON: IRENE GAMMON Name Richard B. Urda, Jr. , Atty CITY CLERK 311 First Interstate Bldg. ROOM 455 South Bend, Indiana 46601 COUNTY-CITY BUILDING SOUTH BEND, IN 46601 Phone 234-2161 e t 1; Frel?P4-1.4i ti: •. . I : - "1 + .46'Q° II • 8 0 I s, a o9Z U FD N$ I . 2" 01 1 iffai no 65'Z'( 9 9 r 1i::r—iii 8 P2' -. ' rt - Q^ 1-e— -- --1._ s9, 99 ,.R.-: z '4..•-:-.::'=--- - _ Q (' =111112K 1SZ 1 + ° 0 9 r, �O\ zzc' 9r-z- Bo iv -.07."' ' II • ._.: 2- i 0 I illinkilla 0% o o- o MEE �, s -frst2- 61 -V.a.11 1 •y MI '♦4 - 1 MIIII In NM ID . -;.. I. li . Mill E 99 - 114 - s s91 I' 1111111 . , 0 91 th ?` mow 6os �t: JI -mow. nar MI • z c,, . a; 4iii El r:. �, fl illskj• L m I� 9os< Ooh MN 7____.... ji CO c....-..--; 97 i s e _ �,— -.3 /1 d --1 — �. / � / ..1 I i� Ill= NM Ingt I flu 77Le' Ea. I II 1111111111.1 _ 967 067 g _ t I % 5-6Z Z I cif �•'�-r fibZ C:37• IIIP - . 4\ ill=1 99 NMI I Q& i1 , bBb I or c.c. _• �� , •- 1 G�'d S 1� j•:�, < V � , In• 1.1111 Z� �-• .-. 'in..-:�...?.. 097 i �%i O $—s`s— � O 1 ° F I l i 1/ IlnAV A 3-1 N A �a� <(" o saz sc Z - -=� ._i l��W , 1 - _ n .� 'IN d ON 3H1 _d0"3 '23 "NLE .1 I. /N. R�32E.OF THE 2ND_ P. M. � � E PAGE o c —F. , _ 6,--44. zes • _' .� — 1 �M KlNLEY AVER V� z II 10 a 13 _ .Wp a INI !- 280 twilikeii W -c- v N .•-c // /Z ,;., ,_, ,... IT .:., ,,,, ,. 0 .6 66 G6 4.0 .s - _ °-1-ze 1 Vell <c, .,-c.41 L 464 , If�� •`-mss% 66 t c V _ S 6 40 71 T A E — — I• ��_ kl 2 B 294 to `�u;eI 7 pl. 2.23 , 2 295 Watn- ' ,> ' Ii_ 1 I 22S 297 11( �JSr1iL>�L�JiIi� :� 111211 IMII Zz7 m ■ 1I 12 II ;.1'3 • 160 ,� I `� (f / 6,s e II Vfi / t I t dL ..,T i _Y.......-.. ,...,:11.A v. E i'c X300 .306 b I �>��1111M a". , t'e.301 307 `° ,I. NMI I . r .......a.4::, um : 30Z 1:06 7P 1 b Q Y■ ani303 309 �i�� . ( O i x 136 - 3�q / 3 [ J M Il t0 � i � OT. f tt II Mil IME I T _ i tu • ,� I -1 J S T.. f `'? 252 _rci 53 I 6 P cn 4 .3 v II 71,-' .., v s , NMI IMMI oT ,! v kg 1S4 b 320 n v. A.. ` I t I 7 A IP _ c I zsy 316 3zZ I O� _5 ! ! - 2,57 k..0 =ISM I toy ea i,4- I - -- --- -- - ,_ I -..� �; . .i ,6S eLVD — M ' =- t . . ZS$ to b 31<L 33i ,• ,, 16 i 49.11 �y �S 9 `66 "Cr = 1 4O z �� ' 259 325 33I ! I1 �h; ' : 2 4 cy !� O in I e Z60 b 3Z(; 33 I 1 CO • I I I f C.t t l.� ==7 I•s \ .rl a3 QL. .' � . isc ,w •It a i • QCnmmrttrt farpnrt Ulu flit Mom= &mutt of tip elitg of Onn#1* Erna: Your Committee of the Whole to whom was referred BILL NO. 83-88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1ST NORTH-SOUTH ALLEY WEST OF FRANCES STREET, RUNNING SOUTH FROM COLFAX STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET, ALL IN WHITTEN'S SUBDIVISION OF LOT 17 COTTRELL'S FIRST ADDITION. 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 411E40 PUBLISHING CO. SpuTH4��\A1 / 0 WA v ,,, d � i City of South Bend l/ll \ /a Joseph E. Kernan, Mayor ‘\\‘‘` 1865 Board of Public Works October 5, 1988 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATIONS: 1ST E/W ALLEY S. OF COLFAX RUNNING W. FROM FRANCES ST. FOR A DISTANCE OF APPROXIMATELY 166 FT. AND THE 1ST N/S ALLEY W. OF FRANCES ST. RUNNING S. FROM COLFAX FOR A DISTANCE OF 198 FT. 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 Attorney Richard Urda, 311 First Interstate Building, South Bend, Indiana, on behalf of the Petitioners, Garcia and Ansari Troeger, 311 First Interstate Building, Edward A. Lawton, DDS, 900 East Colfax and John M. Stenger, DDS, 900 E. Colfax Avenue, South Bend, Indiana, to vacate the following alleys: 1st east/west alley South of Colfax Street, running West from Frances Street, for a distance of approximately 166 feet and the 1st north/south alley West of Frances Street, running South from Colfax Street for a distance of approximately 198 feet, all in Whitten' s subdivision of Lot 17 Cottrell' s First Addition. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on October 3 , 1988. Attorneys Richard B. Urda and William Farabaugh, 205 West Jefferson Boulevard, South Bend, Indiana and Mr. Steven Henry of the The Robert Henry Corporation, 404 South Frances Street, South Bend, Indiana, were present and spoke in favor of the vacations. Mr. & Mrs. Robert Krol, 120 North Notre Dame, South Bend, Indiana, owners of Lot #3 and Mr. James Mullens, 116 North Notre Dame, South Bend, Indiana, 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys MEMBERS OF THE COMMON COUNCIL October 5, 1988 Page -2- owner of Lot #4 were present and informed the Board of their concerns involving this vacation. Mr. & Mrs. Krol were concerned about the safety of their newly erected cedar fence and Mr. Mullens advised that closing the alley would deny him access to his garage. Attorney Farabaugh assured Mr. Mullens that he would have access to his garage. A copy of the excerpts of the minutes of the Public Hearing is attached for your information. Attorney Urda, in response to Mr. John Leszczynski' s inquiry, advised that the Petitioners would have no objection to providing the City with easements across both vacated alleys to continue use. Therefore, the Board favorably recommends vacation of the above referred to alleys subject to access easements across both alleys being provided to the City and subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS y�,, 1 �, , // r „-J'a,u&OL Sandra M. Parmerlee, Clerk