HomeMy WebLinkAbout11162-24 Alley Vacation - South Chestnut Street and South Walnut Street United States of America
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- FILED - DEC 0 5 2024
ST. JOSEPH COUNTY
DEC n6 2024 ASSESSOR
•
AUDITOR
2024-28990
ST. JOSEPH COUNTY RECORDED AS PRESENTED ON
12/06/2024 09:15 AM
Certi.fi.c ate MA
ST.JOSE HCOUNTYKI
RECORDER
PGS:5 FEES:25.00
STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss:
I, Bianca L. Tirado, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby
certify that the attached and foregoing is a full, true, and correct copy of
ORDINANCE NO. 11162-24
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, TO VACATE THE FIRST EAST-WEST ALLEY SOUTH
OF NAPIER STREET BETWEEN CHESTNUT STREET AND
TERMINATING IN PARCELS 018-3076-3055 AND 018-3076-3053; AND THE
FIRST NORTH-SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN
PARCELS 018-3076-305301 AND 018-3076-3052 AND TERMINATING IN
THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY
PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, OCTOBER, 28, 2024
PRESENTED TO APPROVED AND SIGNED BY MAYOR JAMES
MUELLER, NOVEMBE, 1, 2024
ATTEST: SHARON L. MCBRIDE, PRESIDENT OF THE COMMON
COUNCIL
ATTEST: BIANCA L. TIRADO, CITY CLERK
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City
of South Bend, St. Joseph County, Indiana, this 5 day of I cCr�btr 20 21-f
Bianca L. Tirado
Clerk of the City of South Bend
4 soli j 4� St. Joseph County, Indiana
i �" M01+7lAtL, 1 Deputy City Clerk
ORDINANCE No .
11162-24
Passed by the Common Council of the City of South Bend, Indiana
October 28, 24
20
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Attest: it City Clerk
Bianca L. Tirado61\1/46)"
Attest: / ( i,-,t_ 11V\G6 (,1,' President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 29, 20 24
&Oa"' c j, di/U.115-1
City Clerk
�r Bianca L. Tirado
Approved and signed by me I` eft'^l ti / 20 24
r " Mayor
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SUBSTITUTE BILL NO. 62-24
ORDINANCE NO. 11162-24
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST EAST-WEST ALLEY SOUTH OF NAPIER STREET BETWEEN
CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076-
3053; AND THE FIRST NORTH-SOUTH ALLEY EAST OF CHESTNUT STREET
BETWEEN PARCELS 018-3076-305301 AND 018-3076-3052 AND TERMINATING IN
THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY
STATEMENT OF PURPOSE AND INTENT
Petitioner requests the vacation to fence in the perimeter to protect the property, shop, and
employees at the Petitioner's place of business.
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
Ordinances 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 EAST-WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT
STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076-3053; and THE
FIRST NORTH-SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018-
3076-305301 and 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN
RAILROAD RIGHT-OF-WAY.
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 properties may be injuriously or beneficially affected by
such vacating:
316 Chestnut St—018-3076-3052 325 S Walnut St—018-3076-3060
318 Chestnut St—018-3076-305401 323 S Walnut St—018-3076-3058
320 Chestnut St—0183076-3054 Vacant Lot—018-3076-3057
Vacant Lot—018-3076-3056 319 S Walnut St—018-3076-3055
324 Chestnut St—018-3076-3059 Vacant Lot—018-3076-3053
331 S Walnut St—018-3076-3061 Vacant Lot—018-3076-305301
SECTION IV. The vacation is subject to the elimination of the alley approach on Chestnut
Street by hiring a private contractor bonded with the City to tear out the approach, replace with
curb, and establish a tree lawn in accordance with City standards and specifications.
SECTION V. The vacation is subject to the dedication of right-of-way to provide a
turnaround space in the remaining North-South alley as shown in the exhibit.
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SECTION VI. The purpose of the vacation of the real property is to fence in the perimeter
of the business located at 325 S.Walnut Street in order to protect the property,shop,and employees
of the tagging and printing shop at that location.
SECTION VII. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law, with an effective
date of , 2024
f\kAA ri(C (.4
Sharon . McBride, Council President
South Bend Common Council
Attest:
1
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B anca L. Tira:o ' y Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the 29`1' day of October , 2024, at 12 o'clock
p.m.
SAMO1
Bianca L. Tirado, Ci erk
Office of the City Clerk
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Approved and signed by me on the 1 day of 1" .�t", '. , 2024, at II o'clock
f.m.
ikit
Jame Mueller, Mayor
City of South Bend, Indiana
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