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HomeMy WebLinkAbout11162-24 Alley Vacation - South Chestnut Street and South Walnut Street United States of America CO co #•'� -RECEIVED- .;. - 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 1 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 50UT If sit ‘ f I V 1'\%.4\;4, a ..; r8 � f. 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. 1 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 k/ / 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 Sf 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 2 -, a.; 3'12 CH ATNUTST . • (" 16 CHESTNUTS ,,•'" 1 t S 319S WALLA ST 320 CHESTNUTST m . i ., _ . . c [ROW to be dedicatedfor turnaround spFt U ( Alley to be vacated i.' - - _- i j o 323S WALNUT ST - - a 324 CHESTNIJTST ,w -111111117101111110. ' 331 S WALNUT ST z. . - I 3