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Home My WebLink AboutVacate - First East West Alley South of the intersection of Stull and Lafayette St on the West side of Lafayette St ORDINANCE No. 7932`88 Passed by the Common Council of the City of South Bend, Indiana November 14, x988 Attest: City Clerk IRENE K. GAMMON Attest: 11■ ��.� .� �� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ November 15, 1988 City Clerk IRENE K. GAMMON Approved and signed me "5 1 �g p�► sn by 9 Mayor . . ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The First East-West Alley South of the intersection of Stull and Lafayette Streets on the West side of Lafayette Street running West from Lafayette Street a distance of approximately 165 Feet to the East side of the North and South Alley and same alley being between Lots 21 and 26 and being 14 Feet wide and running West from Lafayette Street 165 Feet to the East side of the North and South Alley all being in the Recorded Plat of Samuel C. Stull ' s Second Addition to the City of South Bend, Indiana. 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 First East-West Alley South of the intersection of Stull and Lafayette Streets on the West side of Lafayette Street running West from Lafayette Street a distance of approximately 165 Feet to the East side of the North and South Alley and same alley being between Lots 21 and 26 and being 14 Feet wide and running West from Lafayette Street 165 Feet to the East side of the North and South Alley all being in the Recorded Plat of Samuel C. Stull 's Second Addition to 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 all 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 of beneficially affected by such vacating: Lots 21 and 26 SECTION The purpose of the vacation of the real property is to: Omega Properties, Inc . , is planning on building an office building on said property and the location of said office building would be placed on or about the alley space and the lots adjacent thereto. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by +h= w=..", I S TUG G 57`.e°, .e"s'"' zi.Z.5:, 1 7s' ' Qt -- - n A/89#.17', .9. /I 'I a 9P.,oc' 9d,,4' S4 /4 • 51. 1 :° v I • TV mx a }/ 1 4 • � � 4 Q 1 06 a 1 I /d,6- o � 'ze7-4,3"s/ / , '- J O: ANY TITLE INSURANCE UNDEWRYTER who insures the title to the surveyed prenires as evidenced by the issuance of a 011MTI9ENT FOR TITLE INSURANCE within 30 days of the date of certification or recertificticn of this survey • I, LARRY E. VANOSDCL, an Indiana Registered Land Surveyor, hereby certify that I have surveyed the tract of land shwm hereon and that this plat is a true and correct representation of said survey; 'TKLe are no encrcechnents unless indicated hereon. I further certify that this tract is NOT within a flood plain as desisted on maps provided by the EE)tBAL INSURAif,E AII'IINIS1RATICt . Certified October 01, 1988 i / a \ r •:, I811 W LAND SURVED 0 ' INDIANA CCRTIFICATE# 12881 • OF LARRY .E. VAf V O ODL OF RLOT 14,TALALL OFT LOTS 115,T20,N210,FANDT264OFjTHES} AND ASSOC O A TES, I , RECORDED PLAT OF SAMUEL C. STULL'S SECOND ADDITION M TO THE CITY OF SOUTH BEND, INDIANA, TOGETHER WITH U (i(STEr'�E(1 LAND SURVEYORS THE 19' AJ T,FY BETWEEN LOTS 21 AND 26 OF SAID PLAT BUYER: MURDOCK CONSTRUCTION SUITE 704, 120 WEST LA SALLE AVENUE DRAWN BY SCALE DATE JOB NO. SOUTH SEND, INDIANA 46801 LEV 1" = 50' 10/01/88 88184 . _ � `' . ' ~ . . ` . . . . ^ ^ ' PETITION TO VACATE PUBLIC RIGHT-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE OF THE CITY OF SOUTH BEND, INDIANA ` ' Omega Properties , Inc. , the undersigned property ovstner, Petitions you to vacate the following Alley described as: The First East-West Alley South of the intersection of Stull and Lafayette Streets on the West side of Lafayette Street running West from Lafayette Street a distance of approximately 165 Feet to the East side of the North and South Alley and same alley being between Lots 21 and 26 and being 14 Feet wide and running West from Lafayette Street 165 Feet to the East side of the North and South Alley all being in the Recorded Plat of Samuel C. Stull ' s Second Addition to the City of South Bend, Indiana. See Exhibit "A" for shaded in portion of the Alley as the Alley being requested to be vacated. NAME ADDRESS LOT # __ ZA--) 1/- "d.....-/X,....a. Omega Properties, Inc . 1320 S. Franklin , . by the President Sou / Bend, IN 466l8 21 , 22 & 26 /~� , , ° ^/'� _, — �mr W.H^ -- -----' Calvin urdock l620 S. Franklin, South Bend, IN 4661Q 21 , 22 & 26 Irene Williams 203 West Pendle, South Bend, IN 46637 25 , , CONTACT PERSON: IRENE GAMMON CITY CLERK Melvin Reed ROOM 455 Melvin Reed, Prof. Corp . COUNTY-CITY BUILDING 128 East South Street SOUTH BEND, INDIANA 46601 South Bend, Indiana 46601 (219) 234-5050 t . , SOU T 8,,\ H \11 �`U t� ,� \"% p, City of South Bend /�' y>'�:�- � �,�I .a j Joseph E. Kernan, Mayor 411 a \\\\‘‘186 . b. ArLe '' ' !: oard of Public Works IV' t November 7, 1988 001,4 ow 64,kiltrill/ MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS 1 I 1. .17 .16 County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION: 1ST E/W ALLEY S. OF THE INTERSECTION OF STULL AND LAFAYETTE 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. Melvin Reed, Melvin Reed Professional Corporation, 128 East South Street, South Bend, Indiana on behalf of Petitioners, W. H. Calvin Murdock, President, Omega Properties, Inc. , 1330 South Franklin Street and Irene Williams, 203 West Pendle Street to vacate the following property: The First East-West Alley South of the intersection of Stull and Lafayette Streets on the West side of Lafayette Street running West from Lafayette Street a distance of approximately 165 feet to the East side of the North and South alley and same alley being between Lots 21 and 26 and being 14 feet wide and running West from Lafayette Street 165 feet to the East side of the North and South alley all being in the Recorded Plat of Samuel C. Stull' s Second Addition to 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 November 7 , 1988. Mr. Melvin Reed was present on behalf of the Petitioners and spoke in favor of the vacation. 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 • MEMBERS OF THE COMMON COUNCIL November 7 , 1988 Page -2- Therefore, based on favorable comments received at the Public Hearing and from the various departments and bureaus that have reviewed this Petition, the Board favorably recommends the vacation of the above referred to alley subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS /l Sandra M. Parmerlee, Clerk smp Enc. (lnmmtttn S mart din tie Town= tlounrit of Up ftitg of filsn1db firnh: Your Committee of the Whole to whom was referred BILL NO. 91-88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF THE INTERSECTION OF STULL AND LAFAYETTE STREETS ON THE WEST SIDE OF LAFAYETTE STREET RUNNING WEST FROM LAFAYETTE STREET A DISTANCE OF APPROXIMATELY 165 FEET TO THE EAST SIDE OF THE NORTH AND SOUTH ALLEY AND SAME ALLEY BEING BETWEEN LOTS 21 AND 26 AND BEING 14 FEET WIDE AND RUNNING WEST FROM LAFAYETTE STREET 165 FEET TO THE EAST SIDE OF THE NORTH AND SOUTH ALLEY ALL BEING IN THE RECORDED PLAT OF SAMUEL C. STULL'S SECOND ADDITION TO 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. Chairman Thomas Zakrzewski FREE PRESS aBeagG PUBLISHING CO.