HomeMy WebLinkAboutVacate - 1st East-West Alley South of Colfax St Running West from Frances St ORDINANCE No. 7921-88
Passed by the Common Council of the City of South Bend, Indiana
October 10, �9 88
Attest: K °°^" '-°-°✓ City Clerk
IRENE K. GAMMON
Attest: ' esident of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 11, 1988
City Clerk
IRENE K. GAMMON
Approved and signed by me October 12 , X98 8
' _ Mayor
•
ORDINANCE NO. riO{Ai _gg
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED
PROPERTY: 1ST EAST-WEST ALLEY SOUTH OF COLFAX STREET,
RUNNING WEST FROM FRANCES STREET FOR A DISTANCE OF
APPROXIMATELY 166 FEET.
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 east-west alley south of Colfax Street, running west from Frances
Street for a distance of approximately 166 feet.
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 9, and 10
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:
( 1) Providing an access easement to the garage located on the
northeast corner of Lot No. 4;
(2) Providing a guard rail at the petitioner's expense along the east
lot line of Lot No. 3;
(3) Maintaining 45° parking in the area immediately along the
western boundary of Lot No. 10; and
(4) 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.
C , A .?r AL? 7
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 :
The 1st east-west ALLEY south of Colfax Street RUNNING west
FROM Frances STREET, FOR A DISTANCE OF APPROXIMATELY 166
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 Phone: 234-2161
(inmmtnrr arpnrt
Uu the Mum= (iounrit of Up CV of 0=0 lira:
Your Committee of the Whole
to whom was referred
BILL NO.
84-88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST
EAST-WEST ALLEY SOUTH OF COLFAX STREET, RUNNING WEST FROM
FRANCES STREET, FOR A DISTANCE OF APPROXIMATELY 166 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.
DEED OF EASEMENT
This deed is entered into this a day of October, 1988, by John
M. Stenger and Edward A. Lawton, individually and as a joint venture under the
name and style of LS Realty ("LS Realty"), Grantors,
who convey and quit claim to the Municipal City of South Bend, Indiana, Grantee
the following easement located in St. Joseph County, State of Indiana, to-wit:
An easement to that part of the north/south alley lying west of
Frances Street and south of Colfax Avenue for a distance of approximately One
Hundred Ninety-eight (198) feet, all in Whitten's Subdivision of Lot 17,
Cottrell's First Addition for the exclusive purpose of allowing the owner of
Lot No. 4 in this subdivision to have ingress and egress of motor vehicles only
to the rear portion of Lot No. 4.
/ / 7;
Edward A. Lawton
J hn M.
Stenger
STATE OF INDIANA )
)SS:
ST. JOSEPH COUNTY )
Before the undersigned, a Notary Public in and for said county and
state, appeared John M. Stenger and Edward A. Lawton, individually and as a
joint venture under the name and style of LS Realty, and acknowledged the
execution of the foregoing instrument this /A day of October, 1988.
PA-zit W S. i4EscH Notary Public
A resident of St. Joseph County, IN
My commission expires:
PA,1 r''V✓re
NOTARY POLIC MAMA •
,f1.717.11: 1.
HY CC3 iliS=i'` ,,.
THIS INSTRUMENT PREPARED BY:
William N. Farabaugh
Chapleau, Farabaugh & Wozniak
205 W. Jefferson, Suite 316
South Bend, IN 46601
Telephone: (219) 233-5173