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Home My WebLink AboutVacate - Garst St running West from the westerly right of way of Prairie Ave to the 1st north-south alley ORDINANCE No. 7833-87 Passed by the Common Council of the City of South Bend, Indiana. December 7, 19 87 Attest: Cit Clerk w y IRENE K. GAMMON I Attest L !_ At'ACL F %/_ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— _ December 8, Ig 87 City Clerk IRENE K. GAMMON Approved and sired by me DaCeirY1,6eA- b Ig 7 4 Mayor • • ORDINANCE NO. 783 —-7 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY Garst St. running west from the westerly right-of-way of Prairie Ave. to the 1st north-south alley for a distance of 143.54' more or less. All being — part of South Bend City Add. within the City of South Bend, St. Joseph County, 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 sacate public ways or pub- lic 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: Garst St. running west from the westerly right-of-way of Prairie Avenue to the 1st north-south alley for a distance of 143.54' more or less. All being part of South Bend City Add. within the City of South Bend,St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the right and ease- ments 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 unjuriously or beneficially affected by such vacating: Lot 31, Francis R. Tutts 1st ADD. SECTION IV. The purpose of the vacation of the real property is to: Improve area and create off street parking for property being used to teach and train Apprentices and Journeyman in Construction Industry. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. PETITION TO VACATE PUBLIC RIGHTS—OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE November 9, 1987 OF THE CITY OF SOUTH BEND, INDIANA iM , THE UNDERSIGNED PROPERTY OWNER(-,Sr-)-, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS The (lst/2nd) (east—west/north—south) ALLEY (east/west/north/south) of STREET, RUNNING (east/west/north/south) FROM STREET, FOR A DISTANCE OF APPROXIMATELY FEET TO ALL IN (insert subdivision name) E STREET DESCRIBED AS: Garst STREET, FROM Prairie STREET, RUNNING (ease/west/so.z.tta/south)_ TO 1st N. S. Al1Py STREET, FOR A DISTANCE OF APPROXIMATELY 143.54 FEET. NAME (printed and signed) ADDRESS LOT # Sheet Metal Workers Joint 1015 Pra iriP AvP 31 Training Trust Fund by Don South 3et1, IN Gol ichowski Secretary Treasurer CONTACT PERSON: IRENE GAMMON lichowski CITY CLERK Name non• - 9 PETITION TO VACATE Garst St. running west from the westerly right-of-way of Prairie Avenue to the - 1st north-south alley for a distance of 143.54' more or less. All being part I of South Bend City Add. within the City of South Bend, St. Joseph County, Indiana. . SAPlPL I gT / , Li / 1 a `� m° I, i 1 / / i I / /' I I- I / �KERR3?��// ------ ST. 50 a //, i / Ii:.il { / IQ1 • ILA 1 I / I>-I I r-I • • I-I I -----I-__t--'-------.----'----79 I I"I ler . LOT Z ( f i .1 _ 4.1 cr I t /// ' i. ( Q • . 1 y\ ``\ I , QCnmmtttrt ittrport aiu t1 a (Comm (&ountil of tip CV of*until limb: Your Committee of the Whole to whom was referred BILL NO. 124-87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: GARST ST. RUNNING WEST FROM THE WESTERLY RIGHT-OF-WAY OF PRAIRIE TO THE 1ST NORTH-SOUTH ALLEY FOR A DISTANCE OF 143 . 54' MORE OR LESS. ALL BEING PART OF SOUTH BEND CITY ADD. , WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Ann B. Puzzello Chairman FREE PRESS PUBLISHING CO. %- CITY of SOUTH BEND rROGER O. PARENT, Mayor T�fit/ �JC v rr ; COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 im~ // BOARD OF PUBLIC WORKS 219/204-9412 John E. Leszczynski Patricia E. geClercq December 1, 1987 Michael Vance MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: STREET VACATION: GARST ST. RUNNING W. FROM THE WESTERLY RIGHT-OF-WAY OF PRAIRIE AVENUE TO 1ST N/S ALLEY 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. Don Golichowski, Secretary/ Treasurer, Sheet Metal Workers Joint Training Fund, 1015 Prairie Avenue, South Bend, Indiana, to vacate the following property: Garst Street running west from the westerly right- of-way of Prairie Avenue to the 1st north/south alley for a distance of 143 . 54' more or less. All being part of South Bend City Add. within the City of South Bend, St. Joseph County, Indiana. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on December 1, 1987. Mr. Don Golichowski, Secretary/Treasurer, Sheet Metal Workers Joint Training Trust Fund, 1015 Prairie Avenue, South Bend, Indiana, Petitioner, was present and advised the Board that the purpose of the vacation is to allow off-street parking for individuals attending the training facility at 1015 Prairie Avenue. Attorneys for affected property owners were also present at the meeting. Attorney Jeff Kehl, representing Ms. Doris Lake, advised that his client was originally opposed to the vacation but because an easement will be provided to her, there is no objection at this time. Attorney Timothy Hartzer representing Mr. and Mrs. Charles Pomeroy III was also present and advised that his clients are opposed to the vacation of this street. A copy of the excerpts of the minutes of the Public Hearing is attached for your information. MEMBERS OF THE COMMON COUNCIL December 1, 1987 Page -2- Based on comments made by Mr. Golichowski that affected property owners will be allowed access and favorable 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 street subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS ,j9,/ / aivnuulfoe- Sandra M. Parmerlee, Clerk smp Enc.