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HomeMy WebLinkAboutVacate - Part of the East West Alley from the East Race to Niles AvenueORDINANCE No. 7163 -83 Passed by the Common Council of the City of South Bend, Indiana Ir February 14- Io_83 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana —_ February 15, 19 83 City Clerk of Common Council a,,,— '�— City Clerk A IRENE K. GAMMON 7 Approved and signed by me ` �� (I� % z ORDINANCE NO. ZZ 6 1 -rE AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PART OF THE EAST WEST ALLEY FROM THE EAST RACE TO NILES AVENUE. 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 parcel of land being part of the North sixteen (16) feet of Lot thirty -eight (38) in the original plat of the Town of Lowell, now part of the City of South Bend, St. Joseph County, Indiana, said North sixteen (16) feet currently being a public alley for purposes of egress and ingress, said part being more particularly described as follows, viz: Beginning at the point of intersection of the South line of said sixteen (16) foot alley with an Easterly line of the East Race; thence North 10 °- 59' -50" West, along said Easterly line, a distance of 16.46 feet to the Northwest corner of said Lot thirty -eight (38); thence North 89 °- 57' -07" East, along the North line of said Lot thirty -eight (38), a distance of 35.65 feet; thence South 10 °- 59' -50" East, along a line parallel with and 35.00 feet distant from (measured at right angles) said Easterly line of the East Race, a distance of 16.30 feet to the South line of said sixteen (16) foot public alley; thence South 89 °- 57' -07" West, along said South line, a distance of 35.65 feet to the place of beginning containing 570 square feet more or less. 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�fectea by such vacating: part of lots 37, 38, 39, 40, 41 and 42 of the original plat of the Town of Lowell. SECTION IV. The purpose of the vacation of the real property is to: facilitate construction and development of the East Race. SECTION V. effect from ancd —aver by the Mayor. NOT APPROVED REFERRED PASSED g ! �- This ordinance shall be in full force and its passage by the Common Council and approval FILED ID CLE'S Irene Gammon MTV MLOY MITU Dann mn VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: Thgay�agt- west /-nc,rt -h--- sou -th) (alley /a -trot) in the block bounded by _East Rare, LaSalle, Niles, and Colfax in original plat of the town of Lowell Addition. NAME ADDRESS City of South Bend for the use and 1200 County -City Bldg. benefit of its Department of Redevelopment South Bend, IN 46601 IRENE GAMMON CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND, IN 46601 Crescent Realty Corporation c/o Crescent El ;ectric_.Suoply;Company 439 E. Colfax South Bend, Indiana 46622 David and Alberta Stouffer 311 N. Niles Avenue South Bend, Indiana 46617 Robert Batteast Sr. 430 E. LaSalle South Bend, Indiana 46617 Bob Kahl Inc. 441 E. LaSalle Street South Bend, Indiana 46617 Alex Azar Char -King Inc. c/o Azar's Inc. 1010 Coliseum Blvd. Fort Wayne, Indiana 46805 Rose Fuel & Materials Inc. 513 E. Madison South Bend, Indiana 46617 Jon R. Hunt Executive Director Ann Kolata Dep. Dir. Redev. Kevin Horton Dep. Dir. Ec. Dev. CITY of SOUTH BEND ROGER O. PARENT, Mayor DEPARTMENT OF REDEVELOPMENT 1200 COUNTY -CITY BUILDING • SOUTH BEND, INDIANA 46601 • (219) 284.9371 December 31, 1982 Redevelopment Commission F. Jay Nimtz Members of the Common Council President 4th Floor, Countv -City Buildinq Lloyd E. Robinson, Sr. South Bend, Indiana 46601 Vice President Dear Council Members: A. Peter Donaldson Secretary Attached is a petition and ordinance for vacating part of an Paula N. Auburn east -west alley from the East Race to Niles Avenue. This vacation Assistant Secretary i.s necessary to facilitate construction and development of the Roman Piasecki East Race. Member Your favorable consideration of this petition and ordinance is requested. Sincerely, Ann Kolata Deputy Director CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 BOARD OF PUBLIC WORKS January 18, 1983 219/284 -9412 John E. Leszczynski, President Richard L. Hill Joseph E. Kernan MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County -City Building, 4th Floor South Bend, Indiana 46601 RE: BILL NO. 3 -83 ALLEY VACATION - PART OF THE EAST /WEST ALLEY FROM THE EAST RACE TO NILES AVENUE Dear Members of the Council: In accordance with Ordinance No. 6976 -81, the following recommendation is being submitted to the Common Council concerning the petition to vacate part of the east /west alley in the block bounded by the East Race, LaSalle Avenue, Niles Avenue and Colfax Avenue in the original plat of the town of Lowell Addition. Favorable comments have been received by the Board of Public Works from the Engineering Department, Area Plan Commission and Community Development Department for vacation of the designated portion of the above referred to alley. A public hearing was held on January 17, 1983, by the Board concerning the proposed vacation. No remonstrators were present to speak against the vacation and no written objections were filed with the Board. A copy of the excerpts of the minutes from that public hearing is enclosed for your information. The Board of Public Works, therefore, recommends vacation of the designated portion of the above referred to alley subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS �-hu. *11164� Sandra M. Parmerlee, Clerk smp Enc. f�mm�t ###per �r�nr# 010 #4e Tautu n Tonnrd of t4x, (ng of ft # ilrnd: Your Committee OF THE WHOLE to whom was referred BILL NO. 3 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PART OF THE EAST WEST ALLEY FROM THE EAST RACE TO NILES AVENUE. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. RAYMOND ZIELINSKI Chairman FRE[ PRESS PUBLISHING CO.