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HomeMy WebLinkAboutVacate - Public Right-of-way running from E LaSalle St North and Northeast ot the East Race Waterway , _• ORDINANCE No.. 7433-85 Passed by the Common Council of the City of South Bend, Indiana - . - di,.....„,....„...„ Attest: City Clerk IRENE K. GAMMON Attest: i eX)-1/de-- J7 -, ---)6P--,-, 4,______--- President of Common Council C73 Presented by me to the Mayor of the City of South Bend, Indiana February 26, ig 85 City Clerk IRENE K. GAMMON Approved and signed by me -- 7---%---k-o\--3-K_a--)\-)- 2-(0 z9..2._ ,) -- 4,473 Mayor i ORDINANCE NO. 73 - AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY LEGAL DESCRIPTION A public right-of-way running from E. LaSalle Street north and northeast to the East Race waterway and adjacent to Lots 12 through 22 of Miller and Green' s Second Addition and the West Leg of the old East Race, and commonly known as Hydraulic Avenue in the 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: A public right-of-way running from E. LaSalle Street north and northeast to the East Race waterway and adjacent to Lots 12 through 22 of Miller and Green' s Second Addition and the West Leg of the old East Race, and commonly known as Hydraulic Avenue in the 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 12 through 22 of Miller and Green' s Second Addition and the West Leg of the Old East Race in the Original Plat of the Town of Lowell , in South Bend, St. Joseph County, Indiana. SECTION IV. The purpose of the vacation of the real property is to: Assemble the adjacent property as a single developable parcel of land in the East Bank Development Area. 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. • • ' VACATION PETITION . . :DATE 1/25/85 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) .a12.1e /street) in the block bounded by : _ The St. ` Joseph River the' East Race Waterway,- and LaSalle • in Miller and Green' s Second Addition. • NAME ADDRESS South Bend Redevelopment Commission 1200 County-City Building • South Bend, Indiana 46601 . Jay imtz , Presi ent ._ G.-.., ... iNI Michael Donoho, Asst. Secretary • • • • • • • • • • • • p T s CITY ® f SOUTH BEND �N , ° ROGER O PARENT, Mayor. � 1 t° 04 \PEACE r o e flee Qiit; i! a7 s COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 o, 44'x• :....'44 j °� 186' February 19 , 1985 BOARD OF PUBLIC WORKS 219/284-9412 John E. Leszczynski, President Richard L. Hill Michael L. Vance Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE : STREET VACATION - HYDRAULIC AVENUE RUNNING FROM EAST LA SALLE STREET NORTH AND NORTHEAST TO THE EAST RACE WATERWAY 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 the South Bend Redevelopment Commission to vacate a public right-of-way running from East LaSalle Street north and northeast to the East Race Waterway and adjacent to Lots 12 through 22 of Miller and Green' s Second Addition and the West Leg of the old East Race, commonly known as Hydraulic Avenue in the City of South Bend, St. Joseph County, Indiana. For your information, a Public Hearing concerning this proposed vacation was held by the Board of Public Works on February 19 , 1985 . As required by ordinance, owners whose property abut the proposed street 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. Based on favorable comments received from the Engineering Department, Area Plan Commission and Community Development Department, the Board of Public Works favorably recommends vacation of the above referred to street subject to any and all utility easements . Page Two Common Council February 19 , 1985 If you have any further questions regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS 4A/VA-"� Sandra M. Parmerlee, Clerk SMP/mp Attachment EXCERPTS OF MINUTES OF BOARD OF PUBLIC WORKS MEETING - FEBRUARY 19 , 1985 PUBLIC HEARING AND RECOMMENDATION -. VACATION OF HYDRAULIC AVENUE RUNNING FROM EAST LA SALLE STREET NORTH AND NORTHEAST TO THE EAST RACE WATERWAY Mr . Leszczynski advised that this was the date set for the Board' s Public Hearing on the proposed vacation of a public right-of-way running from East LaSalle Street north and northeast to the East Race Waterway and adjacent to Lots 12 through 22 of Miller and Green' s Second Addition and the West Leg of the old East Race, commonly known as Hydraulic Avenue in the City of South Bend, St. Josepy County, Indiana. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by the Redevelopment Commission, F. Jay Nimtz, President and Michael Donoho, Assistant Secretary. It was further noted that pursuant to South Bend Municipal Code Section 18 .53 , 8, the Redevelopment Commission, sole owner of abutting property, was notified of the Board' s Public Hearing date. There being no one present wishing to speak either for or against the proposed street vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski , seconded by Mr . Hill and carried, the Public Hearing on this matter was closed. Mr. Leszczynski advised that favorable comments have been received from the Engineering Department, Area Plan Commission and the Community Development Department concerning this pro- posed street vacation. Therefore, upon a motion made by Mr. Leszczynski , seconded by Mr . Hill and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to street vacation subject to any and all utility easements .