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HomeMy WebLinkAboutVacate - First East West Alley South od Mishawaka Ave ORDINANCE No. 7747-87 Passed by the Common Council of the City of South Bend, Indiana - May 11, zgR7 Attest: -� City Clerk IRENE K. GAMMON i Attest: c—° �/ —� • President o � _ f Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 12, i9 87 4-Le.„z_ City Clerk IRENE K. GAMMON Approved and signed by me -Mal 1al /2 z 9 W7 Mayor • j ORDINANCE NO. 7747-87 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF MISHAWAKA AVENUE, RUNNING EAST FROM 20TH STREET FOR A DISTANCE OF APPROXIMATELY 127. 5 FEET IN SHANK'S 1ST 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 Mishawaka Avenue, running East from 20th Street for a distance of approximately 127.5 feet in Shank' s 1st 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 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 Numbered 1, 2, 3 , and 4 in Shank' s 1st Addition to the City of City of South Bend, Indiana. SECTION IV. The purpose of the vacation of the real property is to: Permit an expansion of the existing optometrist medical facility presently located at 2002 Mishawaka Avenue, across the portion of the vacated alley onto Lots Numbered 4, 5, and 6 facing 20th Street, all said property having been recently purchased by 2002 Properties, an Indiana Partnership. While Lot No. 2 may be affected by the vacation, access to Lot No. 2 will be assured by 2002 Properties granting a perpetual easement for ingress and egress. Said vacation shall be subject to the conditions of The Board of Public Works established at its April 14, 1987 meeting, namely: ( 1) An easement for ingress and egress; and, (2) The dedication of a strip of real estate 6 ' x 20 ' off of Lot Numbered 4 to permit truck traffic to make turns in the radius area. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE March 30, 1987 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The (1st/ ) (east-west/xraxx ALLEY (USSITANAF6/south) of Mishawaka Avenue EEC, RUNNING (east/vYtt4Wt FROM 20th STREET, FOR A DISTANCE OF APPROXIMATELY 127.5 FEET TO: ALL IN Shank' s 1st Addition to the City of South Bend, Indiana AtxxITMExStEREETANNICREBINXItitxx xxxxxxxxxxxxxxxxxxxxxxxll ;xmmxxxxxxxxxxxxxxxxxxxxxxxx NN it prim xxxxxxxxxxxxxxxxxxxxxxg tx xk RORExxxxxxxxxRxx NAME (printed and signed) ADDRESS LOT # < I BIZ-Nrt-6Z-D 11�UE( _ 2©©a 11/4ss[-AkPitl Aq.c. iaa 7- o� D 0=r 7-- 02-C3A32- H75t4— AKA kola f i Jl /.ii CONTACT PERSON: IRENE GAMMON y 'i . PORTAGE TWP 4/".'' 1 T.37N.R.3-E. OF THE 3RD. P.M. SEE PAGE 95 / , , �c 4. i4g '4ac�� .43, rn�. iSSI 4..i.a.- „,. ,n ..: ! ':• ,I I U..I I . _ I - . i I.: 'I Icr :tr r: `.. 0 1:r: 'r? I'..' -II I � Q - - y ��� � j: �1 4J i r ; iL = - I po! LJ C `C L.Ow .T 'C '7 I1 a a- ; 2.5 ! ®�;6 =1 ;. is c 1C \\L„,i .ii 7Y./3 •e,41//. . // ; ...1,— ...._ Ns<� W zc `� x 16 II V�I L 1 i \) ' ; ! -Z4 '-1!' .5 i . E-- 1 ; 6c 60 1` 355 T _- S (/, '� \I , 33.; -- 453% ,,'I _ ' _ \ � u_. � A4 W _ I, H Z� Rio ' s . �r�, >j , Z .. ° y3 - - 1 -5 v1• tt� V ;3si�- 1� ... - oc cD i Ls - ' ..r— Y. — — --a Li=-D.— — } ..U.}\; - \QL - 11� i 4'\ _ X0 7- ' J .I • y ai • ®tea®a®\� I.` �T8 CITY of SOUTH END p��o�t�'Ir1 ''�+, ROGER O. PARENT, Mayor 0 M e s✓� fl COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 ask >; } `'4,,,t.*.1884,± BOARD OF PUBLIC WORKS 219/284-9412 John E. Leszczynski Patricia E. DeClercq Michael L. Vance April 14, 1987 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION: 1ST E/W ALLEY S. OF MISHAWAKA AVE. RUNNING E. FROM 20TH ST. FOR APPROXIMATELY 127 . 5 FEET 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 Dr. Bernard Nevel and Dr. Robert Proudfit, 2002 Mishawaka Avenue, South Bend, Indiana, to vacate the following property: The first East/West alley South of Mishawaka Avenue, running East from 20th Street for a distance of approximately 127.5 feet in Shank' s 1st 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 April 14, 1987 . Mr. Kenneth P. Fedder, Attorney at Law, 205 West Jefferson Boulevard, Room 300, South Bend, Indiana, was present on behalf of the Petitioners and advised that the purpose of the vacation is for expansion of the medical facilities occupied by Dr. Nevel and Dr. Proudfit at 2002 Mishawaka Avenue. A copy of the excerpts of the minutes of the Public Hearing is attached for your information. • • MEMBERS OF THE COMMON COUNCIL April 14, 1987 Page -2- Based on comments 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 the dedication of public right-of-way to accommodate twenty ( 20) feet of turning radii for both directions and any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk smp Enc.