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Home My WebLink AboutVacate - 14 foot alley between lots 25,26,27 and 28 of Berner Grove First Addition ORDINANCE No. 7596-86 Passed by the Common Council of the City of South Bend, Indiana January 27, IQ-8b__ Attest: / /-15—..-,,__-,--...,--- City Clerk IRENE K. GAMMON Attest: /.�.�. �r -' =�' ' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 28, ig 86 4,,,_,_,_e_ AT hze-:-zr___,„-•-=‘/ City Clerk IRENE K. GAMMON Approved and signed by me 01n2L( 1 (29 �9 = Mayor 7 ORDINANCE NO. 7596-86 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY. The 14 Pot attey between Lots 25, 26, 27 and 28 o4 Bennen Gtr.ove Fitcst Addition, South Bend, St. Joseph County,- State o4 Indiana, 4oA the puwpose of .Lmpnov.Lng pnopetcty with commete,Lae 'tetct-U stores and patdi,%ng tot. Putcsuavit to Indiana Code Section 36-7-3-12, the Common CouwLct -es chaAged with the authotuity to heart att pettLt,LonS to vacate pubhi.c ways ox public peaces within the City. The 4ofeow-:ng OtdLnance vacates the above deschibed pubtic ptopetcty. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as P2tows: SECTION I. The Common Council 04 the City o4 South Bend having heed a pabPi.c hecur,Lng on the petition to vacate the Oeeow-Lng ptopenty: The 14 foot attey 127' notrth o4 l.Ll hawahaa avenue and between Lots 25, 26, 27 and 28 o6 Barnet Gnove, FiAst Addition, South Bend, St. Joseph County, Indiana, hereby detetcm.i,neis that it Ls Azi abee to vacate said pnopetcty. SECTION II. The City o4 South Bend hekeby netsenvet6 the trLgIvt and easements of utet i,tLeJs and the Muni.c Lpae City o4 South Bend, Indiana to con4tnuet and maintain any 4acLf.i tLes, including, but not tf m.ited to, the pttow.Lng: eeectAic, teeephone, gars, =ten, -sewer, 4 uA6ace wateA conttcoe stnuctune4 and ditches, within the vacated 'i-Lght-o4-way, unte, s such tc,Lghts ate neeeats ed by the -LndLv,Lduae ut LeitLes. SECTION III. The p-ttow.Lng ptopetrty may be injuAiousty OA bene1,LcLa ty a44ected by such vacating: Lots 23, 24, 25, 26, 27, and 28 ob Betnen Gnove F,uuSt Addition and on 8' easement on Lots 22 and 29 o4 the Bennet Gnove Foust Addition. SECTION IV. The pa/goose o i the vacation o- the teat pnopetrt y ins to: Improve the pooney u ghted, pubV e hazaAd with a eommetcc i.ae Aeta f t convenient stoke w-th AetaLned £andoeape vatuets, .improved parking and tag ht,Lng. (see attached site plan) SECTION V. This ond%nance sheet be in buet bonee and e44eet 4Aom and a tetc assage by the Common Council and apptovat by the Mayon, and subject to the dedication of public right-of-way as addressed in the January 14, 1986 minutes of the Board of Works. )41‘ Membetc o{ the Comm Council VACATION PETITION DATE 12/19/85 TO THE COMMON COUNCIL • OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The (east-west/North-South ) (alley/ street ) in the block bounded by , Lots 25, 26, 27 and 28 of 'Berner Grove 1st Addition City of South Bend, Indiana in Berner--rove-1 Addition. N -'� ADDRESS 4P- '.40 Ga ' Box Pr .ects� 6211, South Bend, IN z ,l Alf■I , _ 3/ r �' 0. • • • . i __�._ CONTACT PERSON: . U -6 . G.A...0v4e.. 1,41 . Yio. 6 4 1 60" • ' r `- 2z.66 42. 66 Nx. 66 __ 2.3 a. 4- .1. G 2IIs 28 \Qiot 2 102 2 ' 03, z 1 16 2 I I 4 ci_ i .2 6 2 118 • 14,E 11a ' ■■ K I8 6061 2 101 18 604 I 21 02 18 6061 2 1 0 1a 6061 21 b g 18 6O4 ) .2I 4) 6 18 6 061 2 I 1 181 6 06 1 2 1 1 8 - , t , „.I.‘,/ 3— r lill---- -----T---------'"------4-- oUT ,,,, CITY of SOUTH I END i es�'* ��' °°° ROGER O. PARENT, Mayor V \\ 'T' COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 PENCE).i30 vil e 144.;..\-- r%a e ®%® ' Y8s5'e' BOARD OF PUBLIC WORKS 219/284-9412 John E. Leszczynski,President Katherine G. Barnard Michael L. Vance January 16 , 1986 Members of the Common Council . Council Chambers County-City Building South Bend, Indiana RE: ALLEY VACATION - THE 14 FOOT ALLEY 127 FEET NORTH OF MISHAWAKA AVENUE AND BETWEEN LOTS 25 , 26 , 27 AND 28 OF BERNER GROVE 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 Gaffil Projects , Box 627 , South Bend, Indiana, to vacate the 14 foot alley between Lots 25 , 26 , 27 and 28 of Berner Grove First Addition, South Bend, St . Joseph County, State of Indiana. For your information, a Public Hearing concerning this proposed vacation was held by the Board of Public Works on January 14 , 1986 . As required by ordinance, owners whose property abut the proposed alley to be vacated were notified of the Board' s Public Hearing date. No one was present to speak either for or against the Petition and no written objections were filed with the Board. A copy of the excerpts of the minutes of the Public Hearing is attached for your information. Both the Engineering Department and the Area Plan Commission recommended that should the alley be vacated, additional right-of-way must be dedicated to the City to assure a safe turn movement for vehicles between the north/south alley and the east/west alley. The Board of Public Works , therefore , favorably recommends vacation of the above referred to alley subject to the Members of the Common Council January 16 , 1986 Page -2- dedication of additional right-of-way with said additional right-of-way being a portion of the northeast corner of Lot 25 and the northwest corner of Lot 28 and subject to any and all utility easements . Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk smp Enc. A flnttunittrt Erwwrt an the &mum Mouzwtt of Up tlitg of*until 140: Your Committee of the Whole to whom was referred BILL NO. 2-86 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FOURTEEN FOOT ALLEY BETWEEN LOTS 25, 26, 27 AND 28 OF BERNER GROVE FIRST ADDITION, SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA, FOR THE PURPOSE OF IMPROVING PROPERTY WITH COMMERCIAL RETAIL STORES AND PARKING LOT. 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, by adding "and subject to the dedication of public right—of—way as addressed in the January 14, 1986 minutes of the Board of Works. " Ann B. Puzzello Chairman FREE PRESS PUBLISHING CO.