The URL can be used to link to this page

Home My WebLink AboutFirst Alley East of Francis St running North from Corby St ORDINANCE No. 7450-85 Passed by the Common Council of the City of South Bend, Indiana May 13, z0 85 Atte.st: City Clerk IRENE K. GAMMON Attest: _ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 14 , z0 85 City Clerk IRENE K. GAMMON Approved and sired by me atiA4A- Mayor ORDINANCE NO. 79 ,.-g AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The first alley east of Francis Street running north from Corby Street for a distance of 205 feet to the South line of the Vaca- tion Resolution No. 2998 (all being Sorin' s Second Addition to the Lowell, now within and a part of the City of South Bend, Indiana) . Said alley is in the block bounded by Francis Street, Howard Street, Eddy Street and Corby Street. 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 alley east of Francis Street run- ning north from Corby Street for a distance of 205 feet to the South line of the Vacation Resolution No . 2998 (all being Sorin ' s Second Addition to the Lowell, now within and a part of the City of South Bend, Indiana) . Said alley is in the block bounded by Francis Street, Howard Street, Eddy Street and Corby Street. 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, tele- phone, 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 granting of the petition will not be a detrimental effect to any real estate or in any interest in the City of South Bend or the public in general and that the granting of the petition will benefit the surrounding real estate in nrPatina mnrP nffcfraai- .narlrinm ,ahinh property is to create more parking for the businesses in question to eliminate the city' s burden to maintain the property that is not giving any benefit to the City of South Bend or the community as a whole. 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. Member of the 00mon Council -2- The first alley east of Francis Street run- ning north from Corby. Street for a distance of 205 feet to the South line of the Vacation Resolution No. 2998 (all being Sorin 's Second Addition to the Lowell , now within and a part of the City of South Bend, Indiana) . Said alley is in the block bounded by Francis Street, Howard Street, Eddy Street and Corby Street. • T.--. ..•■•■••••smarm. •■•■ar.. awalima ■•■■••■■•ammo% alms /4 ...1.. ,a- 1 265..9 a 4 co I Lt., f 1 I ,,a 65 I 6.9 ,2 82 2 Z/4..5"1 825 i. 43* . I z...I.1. /.9 ■D 4 7 k' k0 lt 4 1 ,.tk 35 kig I t5.- I .. 6 6 I 6 0 - I''' In - 54 . 264 /* I l'' :-.` 22 , . 48 / - r 6 7 , ■:.• 6 1 . 55 ,0 ■9 49 l0 k ,, * I. I. 3 7 kt I . ii LW" ■ *,,,,: I ." - 4 / _ 2 2 7 7 ..Z.5.9 it 1 1 I W ■9 2 - • / 68 2 '4'. \D V; l9 259 .5.3 \IV....• 3 Ls 7,, .. II ^-- V; ■9 .56 \D kr) .50 k0 lq it ,. 44 I '38 1ft Ili 252 2 i 69 63 : I' .5 7 1 \* ______________, 1 N Y i irg . - 10 tft 22 9 ■\ 4-0 %..7. 1 47- til ES '0 e 1 P q N , . ‘ i_ ..._ _..... _..1 I ! 4,5 0 -----77-7-17;?. ■; I i ,so s- ,."0 1., 1 I 66 7 7 1 7 1 '':' Il'.. . ,,I, _ Zi a A 7-----------e>zt: 1 01 f ..,5 9° .' I ()tilt' 78 ,3 ' \1 3 P9k c-)..._,40 ,,c) , I 02, 9 6 I i'cgt Q '; sl,C) / . I \9 ■O I 1 7,9 is,i 3 , o ,0_,,,, 1 6 ,,,', _...j kg 1 0 3 .9 7 ■,,,7 IP - - it 1.__3 e,4_;.7-; 1 ,k7„ , ,,,s , . - -'' -° ''. "' .Z IWZ. •• ..... I kg 5 0 74 1 iti: 8 1 7 5 • - "7' 93 . ■s, 1 04 : /05 9 8 l7. I ilk-rst,' 9 9 i I t I V ,I,aok, ■9 , -t4,1,4 4 42 I f. g 76 : _ ,,,,,... lie % r.-/ .5 k5. .94 ■. k0 \& 1 0 6 1 0 0 ,Y, I ••,•■,,■,. .....■.. ........... . ___•■■ .-.., (0 4 44'1 W.,: 1 co N t. /"/A R 4) ST. ':,) 1 illiiii , ,LS • 4f65 4.ii 2 . • 1 ' , : 1 I e•. ' • --..13 • _ . . ,.; k.4 4,•• k 'I .9 1 1 9 ■c, ..4* 1 ko ' , i 1 5 , ______ :1 /0 7 ND 1 ; akie-1 I 4" I TirOg,:1 - - 1 .11111111 I ;3131. avidilin I ,. 1111 11±J ,ti ,.• 1 -. i t0 < -11 4 - 11111 CI I 2 I ■1-, ■C 9 l9 I r , , --...:- !,, I V ks, /.2.. 44 1:=1,',7C-776-.9 : N/210E-56/ -1/- iii a, or ,.... tjj Win . _i iimmiffill 1.55 - EU ";) LU al i, 9 L,L....7 I- .: ..,1 ,„4 ■!z ,, -"Z 4 . t 2, °I 4 -7- .. Er 4., . \ 11... 0 ''2 I ‘.. 1 MINIMilli' 'liell (ne 5 fill ' 9,4 't.‘.- i ' 4,2 f. 1 .:•-----1..:::■-.. 4.4 . i '' ''.a"‘I 11 44,.........06,34 ■4..4....1 .4..4...4 4.....44. 44■.,44 4...4...4 ........ 4.m......4 r....,._ ......_ _.L _e e R..fel -- .-5 T.- - ‹),, ,.!I tKi ./v. , ' - ' 40 EC 4. s . 461.3 Ifs...: t ai. 1?11 .i 1.5115, 4 ,._'' 1.1774-47A-1 1 7 421 F---"""7,?jrr-.-----r---r.._.___zF•.'.,9 -I #4. t).7k'r-1 :5*-. ' VACATION PETITION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The first alley east of Francis Street running north from Corby Street for a distance of 205 feet to the South line of the Vaca- tion Resolution No . 2998 (all being Sorin' s Second Addition to the Lowell, now within and a part of the City of South Bend, Indiana) . Said alley is in the block bounded by Francis Street, Howard Street, Eddy Street and Corby Street. The undersigned property owners request that said alley be vaca- ted because Goodwill Industries of Michiana, Inc. owns the entire North half of the block including the portion of a previously vacated alley under Vacation Resolution No . 2998; and further that the east-west alley running in the middle of the block has also been vacated under Vacation Order 2505 and that the southern half of the alley is owned in part by Goodwill Industries of Michiana, Inc . and the remainder by Phillip Slat. Because of the previous vacation, no thoroughfare exists without crossing pri- vate lands and said alley-way serves no useful purpose to the City of South Bend or to the public as.. a whole. Granting of the vacation order will expand the parking facilities of the area business which will alleviate any offstreet parking problems in the area and will still maintain open and clear access to the customers of the businesses operating thereon. GOODWILL INDUSTRIES OF MICHIANA, INC. By: . e Olt li geftii. i r it i:'"Slat • ®oks a!,l��l,,,, �+d�i® CITY of SOUTH E ND /, N / ROGER O PARENT, Mayor ®•%04„,;.\\PEACE/ d �0� " �`/ a COUNTY-CITY BUILDING SOUTH BEND. INDIANA 46601 il.,.a e ®® ' x865" •, May 7 , 1985 BOARD OF PUBLIC WORKS 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 : ALLEY VACATION - THE FIRST ALLEY EAST OF FRANCIS STREET RUNNING NORTH FROM CORBY STREET FOR A DISTANCE OF 205 FEET 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 Goodwill Industries and Approved Safety & Security, Inc . to vacate the first alley east of Francis Street running north from Corby Street for a distance of 205 feet to the South line of the Vacation Resolution No . 2998 (all being Sorin' s Second Addition to the town of Lowell, now within and a part of the City of South Bend, Indiana) . Said alley is in the block bounded by Francis Street, Howard Street, Eddy Street and Corby Street. For your information, a Public Hearing concerning this proposed vacation was held by the Board of Public Works on May 6 , 1985 . As required by ordinance, owners whose property abut the proposed alley to be vacated were notified of the Board' s Public Hearing date. Mr . Frederick C . Boynton, Attorney for the Petitioner and Mr . J . Larry Neff of Goodwill Industries were present and spoke in favor of the vacation. 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 alley subject to any and all utility easements . Page Two Common Council May 7 , 1985 If you have any further questions regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS Maryrose 4utz , Acting Clerk mp Attachment