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HomeMy WebLinkAboutVacate - East and West alley North of Colfax Ave and South of LaSalle Ave ORDINANCE No. 7725-87 Passed by the Common Council of the City of South Bend, Indiana January 26, 87 Attest: '� ' City Clerk IRENE K. GAMMON Attest't_/ .4 i..� _ _._ _.'1'' President esident of Common Council / /. Presented by me to the Mayor of the City of South Bend, Indiana January 27, 87 ig ' A-.- , A-7 /- City Clerk IRENE K. GAMMON Approved and signed by me 19 / 'f Mayor ORDINANCE NO. 7 7 -cy 7 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The east and west alley north of Colfax Avenue and south of LaSalle Avenue running east from Lafayette Boulevard for a distance of 166 feet to the west side of an alley running north and south between Colfax Avenue and LaSalle Avenue in the City of South Bend, Indiana and being that alley located between Lots 231 and 232 as shown on the recorded Plat of the Town, now 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 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 east and west alley north of Colfax Avenue and south of LaSalle Avenue running east from Lafayette Boulevard for a distance of 166 feet to the west side of an alley running north and south between Colfax Avenue and LaSalle Avenue in the City of South Bend, Indiana and being that alley located between Lots 231 and 232 as shown on the recorded Plat of the Town, now City of South Bend, St. Joseph County, Indiana hereby determines that it is desirable to vacate said property and the same is hereby vacated. 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: None SECTION IV. The purpose of the vacation of the real property is to: Insure Safety 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. /�// 1.!I _ ■ ■_ wa ■ II Arr. 7 / is a PETITION TO VACATE PUBLIC RIGHT-OF-WAY (ALLEY) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE THE UNDERSIGNED PROPERTY OWNER PETITIONS YOU TO VACATE: A. THE ALLEY DESCRIBED AS FOLLOWS: The east and west ALLEY north of Colfax Avenue and south of LaSalle Avenue running east from Lafayette Boulevard for a distance of 166 feet to the west side of an alley running north and south between Colfax Avenue and LaSalle Avenue in the City of South Bend, Indiana and being that ALLEY located between Lots 231 and 232 as shown on the recorded Plat of the Town, now City of South Bend, St. Joseph County, Indiana. B. The name and address of the owner of land that abuts the property proposed to be vacated is South Bend Tribune Corp. , 225 West Colfax Avenue, South Bend, Indiana 46626 which is the owner of Lots 231 and 232 as shown on the recorded Plat of the Town, now City of South Bend, St. Joseph County, Indiana. SOUTH BEND TRIBUNE CORP. By Pre 414N14 t John J. McGann, Jr. IRENE GAMMON CONTACT PERSON: CITY CLERK ROOM 455 Louis C. Chapleau COUNTY-CITY BUILDING Suite 316 SOUTH BEND, IN 46601 205 W. Jefferson Blvd. South Bend, IN 46601 Telephone: (219) 233-5173 vTB�®® CITY of SOUTH It END e v O�° '�''1�''I'11 t' ° ROGER O. PARENT, Mayor d I• 81. EACE/ d 0 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 - A73,:"Tellirle 1(1% 186644" BOARD OF PUBLIC WORKS 219/284-9412 John E. Leszczynski Patricia E. DeClercq January 20, 1987 Vance Michael L. Vance MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION: E/W ALLEY NORTH OF COLFAX AND SOUTH OF LA SALLE (SOUTH BEND TRIBUNE) 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. Jack J. McGann, Jr. , President, South Bend Tribune Corporation, 225 West Colfax Avenue, South Bend, Indiana, to vacate the following property: The east and west alley north of Colfax Avenue and south of LaSalle Avenue running east from Lafayette Boulevard for a distance of 166 feet to the west side of an alley running north and south between Colfax Avenue and LaSalle Avenue in the City of South Bend, Indiana and being that alley located between Lots 231 and 232 as shown on the recorded Plat of the Town, now 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 January 20, 1987. Attorney Louis C. Chapleau, was present on behalf of the South Bend Tribune and spoke in favor of the vacation. A copy of the excerpts of the minutes of the Public Hearing is attached for your information. 2, - MEMBERS OF THE COMMON COUNCIL January 20 , 1987 Page -2- Therefore, based on the favorable comments of Mr. Chapleau and those 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 any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS / 3' , Sandra M. Parmerlee, Clerk smp Enc.