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HomeMy WebLinkAboutVacate - The East-West Alley Bounded by niles Ave ORDINANCE No. 7541-85 Passed by the Common Council of the City of South Bend, Indiana - November 18, 19 85 Attest: City Clerk IRENE K. GAMMON Attest: 41A. I4 � ,_ 1 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana No,7ent,e,- 19,Ig R 5 City Clerk IRENE K. GAMMON Approved and signed by me / 9 19 0 s' Mayor • ORDINANCE NO. Z,a"(/ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST-WEST ALLEY BOUNDED BY NILES AVENUE, THE EAST MILL RACE, AND LOTS 37 AND 38 OF THE ORIGINAL PLAT OF LOWELL 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 public right-of-way being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows, viz: The east-west alley bounded by Niles Avenue, the East Mill Race, and Lots 37 and 38 of the Original Plat of Lowell . 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 37 and 38 and the East Mill Race of the Original Plat of Lowell . SECTION IV. The purpose of the vacation of the real property is to: Eliminate an unused public alley and provide additional usable land to the adjacent properties . 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. �� a : 0 �� . 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/rte ) (alley/ • R2 in the block bounded by East LaSalle St. , North Niles Ave. , East Colfax Ave. , and East Race Waterwa in The ori.inal Plat of Lowell ' Addition. NAME ADDRESS • if 430 E. LaSalle Street � �;. ' ��+ �.�.� South Bend, IN 46617 ° o•er i . :a east . 430 E. LaSalle Street South Bend, IN 46617 La a le Partnership 301 S. St. Louis Blvd. ...V .r'' ! 4116 ` South Bend, IN 46617 t Bend"Park iepartment 1200 County-City Building �� �,;��; ,,--■��, ��,�'� ._ 1� South Bend, IN 46601 ---____Sou Be d Redeye opment Commission • I . H J \- •a '„Jo w 1 x J 0 i `' I .gAV S31IN •Li L z i 0 o 30d8 1Sd 3 w L1.1 w re ILl . i fhnmmtttrt goat Oa the Qlmmmwn Qlonnril of the Titg Ertl of the Whole Your Committee to whom was referred BILL NO. 130-85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST—WEST ALLEY BOUNDED BY NILES AVENUE, THE EAST MILL RACE, AND LOTS 37 AND 38 OF THE ORIGINAL PLAT OF LOWELL. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable Joseph T. Serge Chairman FREE PRESS PUBLISHING CO. s�°Tx�:�®'° CITY of SOUTH VEND i 0,4 ‘���iI�J si/j; .. 1 �, ,, o ROGER O. PARENT, Mayor R�h \ i 3%7�y; 0 1� �EACE� /'V;0 1"'"W:-7111\11).{41,40,i � COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 k1lt, 40P BOARD OF PUBLIC WORKS 219/284-9412 John E. Leszczynski,President November 12 , 1985 Katherine G. Barnard 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 BOUNDED BY NILES AVENUE, THE EAST MILL RACE AND LOTS 37 AND 38 OF THE ORIGINAL PLAT OF LOWELL 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. Robert Batteast, 430 East LaSalle Street , South Bend, Indiana, to vacate the east/west alley bounded by Niles Avenue, the East Mill Race and Lots 37 and 38 of the original Plat of Lowell. For your information, a Public Hearing concerning this proposed vacation was held by the Board of Public Works on November 12 , 1985 . 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 Vacation 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. The Board received favorable comments regarding this proposed alley vacation from the Engineering Department , Department of Economic Development and the Area Plan Commission. The Area Plan Commission did, however, advise the Board of the following two (2) items : 1. Lot 37 of the Original Lot of Lowell has been split into a number of parcels over the past years , and currently has a total of three (3) separate owner- ships . This could be significant in the event that the alley is vacated and ownership would be shared by any of the property owners who own title to part of Lot 37 of the Original Plat of Lowell. Members of the Common Council November 12 , 1985 Page -2- 2 . Despite the above noted point, initial research by the Area Plan Commission seems to indicate that the subject sixteen ( 16) foot alley was taken off from the entire north side of Lot 38 of the Original Plat of Lowell . Lots 37 and 38 were recorded as each being 66 feet in width (Plat Book 1 , Page 63) . Lot 38 , as it exists today, is only 50 feet wide. It is the opinion of the Area Plan Commission, based on the above noted facts , that the owner(s) of Lot 38 would receive ownership of the entire width of the alley if such alley is vacated. Therefore, based on the favorable comments received, the Board of Public Works favorably recommends vacation of the above referred to alley subject to any and all utility easements . If you have any further questions regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk smp Enc .