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HomeMy WebLinkAboutVacate - First 14 foot wide East-West alley North of Colfax Ave West from Bridge St ORDINANCE No. 7926-88 Passed by the Common Council of the City of South Bend, Indiana October 24, /988 Attest: 4."-`' City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 25, i9 88 j-4...„0-6.-Le..., ta.,...-......,......„.....-, City Clerk IRENE K. GAMMON Approved and signed by me October 27, 79 8 8 6114-- ' Mayor • ORDINANCE NO. I q a(o-ggi AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first 14-foot wide east-west alley north of Colfax Ave. , west from Bridge Street (vacated) for a distance of approximately 66 feet. All being in a part of the Original Flat of the Town of Lowell, now a part of the City of South Bend, Indiana. STATEMENT OF PURPOSE AND INTENT: Re-vacate alley in order to establish a verifiable record of same. (See Section IV below for further explanation. ) 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 first 14-foot wide east-west alley North of Colfax Ave. , running West from Bridge Street (now vacated) for a distance of approximately 66 feet. All being in a part of the Original Flat of the Town of Lowell, now a part of the City of South Bend, Indiana. 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, 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 9 of Mark 's Subdivision and Lot 13 of Original Plat of Lowell. (Both lots are owned by petitioner. ) SECTION IV. The purpose of the vacation of the real property: The records of petitioner, Indiana Michigan Power Company (formerly known as Indiana & Michigan Electric Company), indicate said alley was vacated in the late 1920 's and subsequently a a portion of a building was erected upon said alley. However, upon recent inspection of the records of the City of lern -h ztas,,,z __ 1 , PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE r S /7 AP OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE: THE ALLEY DESCRIBED AS: The first east-west alley north of Colfax Ave. , running west from the west right-of-way line of Bridge Street (now vacated), for a distance of approximately 66 feet. All in a part of the Original Flat of the Town of Lowell, now a part of the City of South Bend, Indiana. INDIANA MICHIGAN POWER COMPANY One Summit Square P.O. Box 60 Fort Wayne, Indiana 46801 by: /VR "_— ff " �y if. Reece ' operty Representative, Sr. Owner of: Lot 13; Original Plat of Lowell Lots 6,7 , 8 & 9; Mack's Subdivision CONTACT PERSON(S) : IRENE GAMMON INDIANA MICHIGAN POWER COMPANY CITY CLERK P.O. Box 60 nnnM AKK A c S2(l i ftnmtmttttrr Erwnrt Zu the Cumin Qlounra of tip flits of*myth ilrnh: Your Committee of the Whole to whom was referred BILL NO. 89-88 A BILL VACATE THE FOLLOWING DESCRIBED PROPERTY; THE FIRST 14 FOOT WIDE EAST-WEST ALLEY NORTH OF COLFAX AVE. , WEST FROM BRIDGE STREET (VACATED) FOR A DISTANCE OF APPROXIMATELY 66 FEET. ALL BEING IN A PART OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, INDIANA. 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. SOUTH 4�\\\\1 x'04 \ I i' , ••. 11 1-4 ` �,�;,,j! City of South Bend 154,11 i Joseph E. Kernan, Mayor 1\\‘, 1865`_ Board of Public Works October 18, 1988 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION - 1ST 14 FT. WIDE E/W ALLEY N. OF COLFAX AVE. FROM BRIDGE ST. (VACATED) FOR A DISTANCE OF APPROX. 66 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 Mr. Jeffery N. Reece, Senior Property Representative, Indiana Michigan Power Company, One Summit Square, P.O. Box 60, Fort Wayne, Indiana to vacate the following alley: The first 14-foot wide east/west alley north of Colfax Avenue, west from Bridge Street (vacated) for a distance of approximately 66 feet. All being in a part of the Original Plat of the Town of Lowell, now a part of the City of South Bend, Indiana. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on October 17, 1988. Mr. Jeffery N. Reece was present on behalf of the Petitioner and spoke in favor of the vacation. Attorney Kevin Butler was present on behalf of Mr. Bert Liss, affected property owner, and advised the Board that his client had no objections if the vacation is only for the small portion of alley as indicated. As he was assured that he was correct, he advised that he had no objections. A copy of the excerpts 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 t. ,r MEMBERS OF THE COMMON COUNCIL October 18, 1988 Page -2- Therefore, based on favorable comments received the Board favorably recommends the vacation of the above referred to alley subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS 641)111-6LIYU . --1) , 1 - Sandra M. Parmerlee, Clerk smp Enc.