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Home My WebLink AboutVacate - Portion of Pennsylvania Ave Commencing ORDINANCE No. 7612-86 Passed by the Common Council of the City of South Bend, Indiana March 10 , 19 86 • (. 7-. �Attest . _. Cit y Clerk IRENE K. GAMMON Attest: #. . ..L. -/&....-Z. President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ March 11 , 19 86 4-0--z-Lsz_ (C-: 4.4-4-1....c.4,-..,, City Clerk IRENE K. GAMMON Approved and signed by me LP/ 1 .%J 8 19 � J. 7 AFL. v ayor .. ■ • • ORDINANCE NO. -7 (o j _ g c, AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY Public Street A portion of Pennsylvania Avenue commencing at a point where its north line is intersected by the west line of Miami Street for a distance of 696 feet to a point where said north line turns to the right. 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: A portion of Pennsylvania Avenue located in the Northeast Quarter (NE1/4) of Section 13, Township 37 North, Range 2 East of the Second Principal Meridian in the City of South Bend, County of St. Joseph in the State of Indiana, described as follows: Beginning at a point on the north line of Pennsylvania Avenue where said north line is intersected by the west line of Miami Street; thence west along the north line of Pennsylvania Avenue a distance of approximately six hundred ninety-six (696) feet to a point where said north line turns to the right; thence southwest in a straight line to the northwest corner of Lot 144, Wenger and Kreighbaum' s Second Addition to the City of South Bend; thence east along the south line of Pennsylvania Avenue to its point of intersection with the west line of Miami Street; thence north along the west line of Miami Street to the point of beginning. hereby determined 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-or-way, unless such rights are released by the individual utilities. SECTION III . The following property may be injuriously or beneficially affected by such vacating: There will be no injurious affect, but the property proposed to be vacated will be on the tax rolls. SECTION IV. The purpose of the vacation of the real property is for expansion of the physical facilities. 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, and subject to the conditions set forth by the Board of Works at their meeting of March 4, 1986. 4( / At .ice. OM'mber of the C• on Council IS IN CLERK'S OFFICE 1st READING c=7 -c V-8'6 FEB 1 9 1986 PUBLIC HEARING 3-/b -8 4 2nd READING 3 - 1 0 - S 6 IRFNF (A ANAM VACATION PETITION DATE: TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The east/west street bounded by Lots 132 to 144 inclusive, Lot Lettered "A" , and Lots 35 and 36, and 5 acres in East part of Northeast Quarter of Section 13, Township 37 North, Range 2 East, in Wenger and Krieghbaum's Second Addition to the City of South Bend, Indiana. NAME ADDRESS Northern Indiana Public Service Company 5265 Hohman Avenue Hammond, Indiana IR.ENE GAMMON CONTACT PERSON: CITY CLERK Robert D. Lee ROOM 455 Attorney for Petitioner COUNTY-CITY BUILDING 502 First Bank Building SOUTH BEND, IN 46601 South Bend, Indiana 46601 (219 ) 232-5923 • AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 February 28, 1986 The Board of Public Works 13th Floor, County-City Building South Bend, Indiana 46601 RE: Street Vacation - Pennsylvania Avenue, west of Miami Street for a distance of approximately 696 feet Gentlemen: The Staff of the Area Plan Commission has reviewed this petition and would recommend approval subject to any utility easements that may be required, and the dedication of and construction, of a cul-de-sac at the east end of Pennsylvania Avenue. The Staff would also offer the following comments for the petitioner's consideration: that, once the street is vacated, that the petitioner's contemplate replating their entire ownership into one lot. This is strongly recommended by both our office and the Building Commissioner. The dedication of the cul-de-sac can also be accomplished through the same replat process. Sincerely, ' r /? ,knit i�L� '_..i' t_ Larry—Mag iozzi Planner LM:sr Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN PETITION TO VACATE - EXHIBIT "A" Beginning at a point on the north line of Pennsylvania Avenue where said north line is intersected by the West line of Miami Street; thence west along the north line of Pennsylvania Avenue a distance of approximately six hundred ninety-six (696) feet to a point where said north line turns to the right; thence southwest in a straight line to the northwest corner of Lot 144, Wenger and Kreighbaum's Second Addition to the City of South Bend; thence east along the south line of Pennsylvania Avenue to its point of intersection with the west line of Miami Street; thence north along the west line of Miami Street to the point of beginning. 1 I en P04 : ,--„,-,.... ...,..N Go -S\ R . %-, .\- - W N `- ` 1,4)1 j‘*/.1(2_0. .i'. . 1___j*C) .: A PENNSYLVANIA AYE-,50 ,ni! v_ •• - .to 44 I V o .0 38E 40 .qa 3:_ "/ 1 I1 — CID ti3 I� 36 N to N — O l! Q m 1( r` CD M — 351 kiI — —"zr — — v 1 I M "—' i i "—� M — 37 Zt-0 la,116'117---__ :. a �.. °o n..,17:: F ..!. r o IA -y-, o 1�^ ; .� -',--In r' t, �� .. mom, cr) 1-0 -- n• rr• '- 3 v 1 1 S l N`M v in cD _ ti- m-�- O- N N N I N N N N m cr N N 1 1 to PO — — 46 P. N 1 14 _ — — — — — VI— — — — 1I is 137 N I!3110 ¶7 -.37?"12-4 40 1x17 -° .c 1 i eo, .. • 50. . BROADWAY --- �— .w 10 _ 81 .4 ,6 �41 h r 4 101 100 -+ _ O O .4 63 O 60 42 N` - 102 99 = o m 80 64 59 ._.. 103 98 ' h t�! 79 t•= 43 - L+�_ r 4 78 65 • U) • 58 ` f QT immtttrt iltpnrt IIo #it Qlnnnnon Qlountil of the Olitg of'on Li nd: Your Committee of the Whole to whom was referred BILL NO. 18-86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF PENNSYLVANIA AVENUE COMMENCING AT A POINT WHERE ITS NORTH LINE IS OF FOR A DI LINE TURNS TO THE RIGHT. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended. in Section 5 add "and subject to the conditions set forth by the Board of Public Works at their meeting of March 4, 1986. " Ann B. Puzzello Chairman FREE PRESS PUBLISHING CO. CITY of SOUTH ItEN" �' SOVTIjH 44 '44 ROGER O. PARENT, Mayor N' �\ :•7+ COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 v•.\\PEACE '= • I BOARD OF PUBLIC WORKS March 4 , 1986 219/284-9412 John E. Leszczynski,President Katherine G. Barnard Michael L.Vance MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th floor South Bend, Indiana 46601 RE: VACATION OF STREET AND ALLEYS - NIPSCO 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 Petitions filed by Attorney Robert D. Lee on behalf of Northern Indiana Public Service Company, 5265 Hohman Avenue, Hammond, Indiana, to vacate the following street and alleys : A portion of Pennsylvania Avenue located in the Northeast Quarter (NE1/4) of Section 13 , Township 37 North, Range 2 East of the Second Principal Meridian in the City of South Bend, County of St . Joseph in the State of Indiana, described as : beginning at a point on the north line of Pennsylvania Avenue where said north line is intersected by the west line of Miami Street ; thence west along the north line of Pennsylvania Avenue a distance of approximately six hundred ninety-six (696) feet to a point where said north line turns to the right ; thence southwest in a straight line to the northwest corner of Lot 144 , Wenger and Kreighbaum' s Second Addition to the City of South Bend; thence east along the south line of Pennsylvania Avenue to its point of intersection with the west line of Miami Street ; thence north along the west line of Miami Street to the point of beginning. The east/west public alley located between Lots 132 , 133 , 134 , 135 , 136 and 137 , Wenger and Kreighbaum' s Second Addition to the City of South Bend, Indiana; and A portion of the north/south public alley located immediately west of Miami Street in the City of South Bend, Indiana, described as follows : All that portion of said alley beginning on the south line of Pennsylvania Avenue and extending south a distance of ninety (90) feet to the south line (extended) of Lot 36 , Wenger and Kreighbaum' s Second Addition to the City of South Bend, Indiana. Members of the Common Council March 4 , 1986 Page -2- For your information, a Public Hearing concerning these proposed vacations was held on March 4 , 1986 . Attorney Robert D. Lee, 502 First Bank Building, South Bend, Indiana, was present on behalf of the Petitioner and informed the Board that NIPSCO is requesting the vacation of the above referred to street and alleys in order to expand their physical facilities . A copy of the excerpts of the minutes of the Public Hearing is attached for your information. The Board of Public Works , therefore, favorably recommends vacation of the above referred to street and alleys subject to the construction of a cul-de-sac at the east end of Pennsylvania Street at the point where it will dead-end, dedication of right-of-way for a new east/west alley in order to provide for safe traffic movements and subject to any and all utility easements Sincerely, BOARD OF PUBLIC WORKS 1 )J. C � Sandra M. Parmerlee, Clerk smp Enc .