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Home My WebLink AboutVacate - first east/west alley south of Wayne St extending West from the West line of St Peters St to the East line of St Louis St ORDINANCE No. 7736-87 Passed by the Common Council of the City of South Bend, Indiana March 23 , 1c) 87 Attest: -" City Clerk IRENE K. GAMMON Attest. , � President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 24, 1987 City Clerk IRENE K. GAMMON Approved and signed by me `incutnk) .15 19 97 Mayor • ORDINANCE NO. 1; - S 7 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first East/West Alley South of Wayne Street extending West from the West line of St. Peters Street to the East line of St. Louis Street, being in Cottrell ' s First Addition to the Town of Lowell, City of South Bend, St . Joseph County, Indiana; Also, the first North/South Alley West of St. Peters Street extending South from the South line of Wayne Street to the North line of the first intersecting East/West Alley, being in Cottrell ' s First Addition to the Town of Lowell, 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 first East/West Alley South of Wayne Street extending West from the West line of St. Peters Street to the East line of St. Louis Street, being in Cottrell ' s First Addition to the Town of Lowell, City of South Bend, St . Joseph County, Indiana; Also, the first North/South Alley West of St . Peters Street extending South from the South line of Wayne Street to the North line of the first intersecting East/West Alley, being in Cottrell ' s First Addition to the Town of Lowell, 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 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 264, 265, 266, 267, 270, 271, 272 and 273 , • SECTION IV. The purpose of the vacation of the real prop- erty is to: Allow the construction of an office building. 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. *ember of the Common Coun/l PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL Date " 6i /P' ' OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first East-West Alley South of Wayne Street, running West from the West line of St. Peters Street, for a distance of approximately 344 feet to: The east line of St. Louis Street; Also, the first North-South Alley West of St. Peters Street, running South from the South line of Wayne Street, for a distance of approximately 198 feet to: the North line of the first intersecting East-West Alley ALL IN Cottrell ' s First Addition to the Town of Lowell . NAME (printed and signed) Address Lot # vg. 2500 Topsfield Road 264 , 265, South Bend, IN 46614 266, 267, alph V. Ganser, M.D. 270, 271, 272, 273 IRENE GAMMON CONTACT PERSON: CITY CLERK Name: C. Brian Sauers ROOM 455 Address : 600 1st Source Bank Center COUNTY-CITY BUILDING 100 N. Michigan SOUTH BEND, IN 46601 South Bend, IN 46601 Phone: (219) 233-1171 __, N..- .-- '7,..---"------7 I c...04_IC 7 :: /"., ',".,.,''' , , 7'.3G)-C7.74'1 L.,. , . ..,\'....../---■ ■:. .5.5 N: As. H\----* I ■ i ;k 2.% , :5,6 ' I- I :T4 ! 01 1'7 323 2: N.: N, i,-, ■ C .".- ., - - - 3 - I I 4 „„,_,s- -C- - ■.,/ I .... R K I At-.... ..,///6"(E) 1 1E I-- — — — F- LU L.Li 2 — 34= ,.. i "--''—7 I if -I - % 2L , ,-,,, ;.' •_-- ;,_-, H .54.1. ; < I / 0 1• i _ k - / -:7 , •:,-_-• / ' 7 ! 1 . D 1 l .,.. !.; _ 0 rs' --.-H '-: / -— . 1 ....-,..--;5 '' I .!4 4- :- cc ._ : I . , 1..- .411511V.461111r.dr. F- 7,4., (r) . 1 z rw-- ...a- • .... A ' , - : GR N• co , T I N `-'''''' - . 2 ', ,..5.4-c '.; .1 . ...., 1 I ,..t I !_,::::-.. _ •65 _ _2■1 .6.5 _ ___1 I I I E S - =.-..._“---r-01., =_...z- ..-----... — --, ,, 1-- - '...":"...4......„,411.1 --77? ac)10-irty„ Ar7D':: ti—F151( 1 ART0F 'Li L[ I C 7z SEE PAGE /03 . • . ' . . . • • . . QQDrititttttrt Er port too tide Tontnwn (ffounril of tip UttIg of$outly rttd: Your Committee of the Whole to whom was referred BILL NO. 15-87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF WAYNE STREET EXTENDING WEST FROM THE WEST LINE OF ST. PETERS STREET TO THE EAST LINE OF ST. LOUIS STREET, BEING IN COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; ALSO, THE FIRST NORTH-SOUTH ALLEY WEST OF ST. PETERS STREET EXTENDING SOUTH FROM THE SOUTH LINE OF WAYNE STREET TO THE NORTH LINE OF THE FIRST INTERSECTING EAST-WEST ALLEY, BEING IN COTTRELL' S FIRST ADDITION TO THE TOWN OF LOWELL, 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. Chairman Ann B. Puzzello FREE PRESS PUBLISHING Co. ,, . s �pt1T8�N,®®i CITY of SOUTH it END o,�%It II,y, � 00® ROGER O. PARENT, Mayor ®' v,i��pe�ce ` B WCOUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 BOARD OF PUBLIC WORKS 219264-9412 John E. Leszczynski March 10, 1987 Patricia E. DeClercq Michael L. Vance MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATIONS: 1ST E/W ALLEY SO. OF WAYNE STREET AND 1ST N/S ALLEY W. OF ST. PETER STREET 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 Ralph V. Ganser, M.D. , 2500 Topsfield Road, South Bend, Indiana, to vacate the following alleys: The first East/West alley South of Wayne Street extending West from the West line of St. Peters Street to the East line of St. Louis Street, being in Cottrell' s First Addition to the Town of Lowell, City of South Bend, St. Joseph County, Indiana; and The first North/South alley West of St. Peters Street extending South from the South line of Wayne Street to the North line of the first intersecting East/West alley, being in Cottrell' s First Addition to the Town of Lowell, 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 March 10, 1987 . Mr. C. Brian Sauers, 600 1st Source Bank Center, 100 North Michigan Street, South Bend, Indiana, was present on behalf of the Petitioner and advised that the vacation of these alleys is essential for the construction of a professional office building. A copy of the excerpts of the minutes of the Public Hearing is attached for your information. MEMBERS OF THE COMMON COUNCIL March 10, 1987 Page -2- Based on comments made by Mr. Sauers on behalf of the Petitioner and favorable recommendations 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 alleys subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS `"Sandra M. Parmerlee, Clerk smp Enc.