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Home My WebLink AboutVacate - First East/West Alley South of Cedar running West from EddyORDINANCE No. 10=5= -13 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: September 9, JOHN VOORDE 20 13 Presented by me to the Mayor of the City of South Bend, Indiana September 10, 20 13 JOHN VOORDE City Clerk President of Common Council Approved and signed by me ss£� £ 2 1 20 3 City Clerk ORDINANCE NO. I() 2-S2--( -3 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EASTMEST ALLEY SOUTH OF CEDAR RUNNING WEST FROM EDDY STREET FOR A DISTANCE OF APPROXIMATELY 200 FEET TO ITS TERMINATION POINT 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 East/West Alley South of Cedar running West from Eddy Street for a distance of approximately 200 feet to its termination point. All situated in the Plat of "Hill's Subdivision of Black 11 of Cottrells' First Addition to the Town of Lowell, Now the city of South Bend" Recorded in Plat Book 10, Page 105,in the Office of the Recorder of 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: Tax Key No. 018 - 5018 -0613 Tax Key 018 - 5018 -0612 Tax Key No. 018 - 5018 -0609 Tax Key 018 - 5018 -0606 Section IV. The purpose of the vacation of the real property is to allow for site improvements including the closing of an existing driveway off Eddy Street and adding a new driveway entrance onto Cedar Street for the existing apartment complex. 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. 07ZTd no a I I rExons I i I I i • • Attest: 4alA.-- —.4 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 3, at L 3 o'clock_. M. City C rk e Approved and s ned by me on the day of S f P r , 2013 , at :06 o'clock ir. M. I st READING O — I Z- —'-3 PUBLIC; HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, CAK0f,"5,q& Bend, Indiana Filets In C��` ;--- �.�..� office Th an City ot:e"K IN A41`F� =��Q13 TO THE COMMON COUNCIL OF THE CITY OF :SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 37 -13 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF CEDAR RUNNING WEST FROM EDDY STREET FOR A DISTANCE OF APPROXIMATELY 200 FEET TO ITS TERMINATION POINT This bill was heard by the Public Works & Property Vacation Committee. Karen L. White Chairperson, Committee of the Whole PETITION TO VACATE PUBLIC ALLEYS AND STREET RIGHTS -OF -WAY TO: THE COMMON COUNCIL DATE: August 2, 2013 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: The first East /West Alley South of Cedar running West from Eddy Street for a distance of approximately 200 feet to its' termination point. All situated in the Plat of "Hull's Subdivision of Block 11 of Cottrell's First Addition to the Town of Lowell, Now the City of South Bend ", Recorded in Plat Book 10, Page 105, in the office of the recorder of St. Joseph County, Indiana. NAME (signed & printed) & ADDRESS Tax Key Number 424 Francis LLC C/o The AvorA&n&$ 018- 5018 -0613 018- 5018 -0612 2433 Oak Valley Drive GrMf 018 - 5018 -0609 018 - 5018 -0606 Suite 500A Ann Arbor, MI 48103 e A, 4—,Q BP -ft A4A-R-L41WF For 424 Francis LLC CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234 -4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235 -9221 Filed lin Office AUK), - 7 13 JOHIM Vookof CM t 9PW' ` "A SEND, IN Alley Legal: 1) . The first East /West Alley South of Cedar running West from Eddy Street for a distance of approximately 200 feet to its' termination point. All situated in the Plat of "Hull's Subdivision of Block 11 of Cottrell's First Addition to the Town of Lowell, Now the City of South Bend ", Recorded in Plat Book 10, Page 105, in the office of the recorder of St. Joseph County, Indiana. Mee f X013 ! x Ij +.Puy O IN W 0 Q IF VACATION DIAGRAM / T S O CEDAR - 98.96 p O a O 0, D a Q' O D O -/G '- Gb .3J .O L 71Ja -so ta- Ve Ori Tajo a 8 -293 �, N Ft1e6 to 1-1882 /4,,. ' W ul LU h N 1 f Z h Il. h LL w M CEDAR - 98.96 -ST. 32 44 - \� �' CEDAR 6 40 ' W ul LU h N 1 f Z h Il. h LL w M 19 ba 15 38 3t h m �� ► ,0 b�l�Optl °� • r� �� ♦ r V1 O o aG , � O rrl AL_ 1-0606 208.49 r r LA AYETTEi QUAKE MINOR SUB o .O L 71Ja -so ta- Ve Ori Tajo a 8 -293 �, N 5c 4S 49.95 -0527 /7 _ w n ?93? O /92929 W , M O � 493 p -- b t� 0f 8 o VA Qd n ja 451 04 h 5 /s r - n 14 ;�-290G� v 124 13 - ?9c rrl AL_ G -3908 14 -i9/ I /04 15 -29. = 7 -291G !G -19.-, a 8 -293 �, a i0 / ?• F I41 9.292¢ /7 _ 392 10-2926 ?93? O /92929 W 20 �2 � 493 p /14 /00 . /of - MADISON --- = ST- -d MAD /SON 1 A 982 r /JQ 6/11 N 1 At I N I N 1 r�� N . Alley Legals: 1). The first East /West Alley South of Cedar running West from Eddy Street for a distance of approximately 200 feet to its' termination point. All situated in the Plat of "Hull's Subdivision of Block it of Cottrell's First Addition to the Town of Lowell, Now the City of South Bend ", Recorded in Plat Book 10, Page 105, in the office of the recorder of St. Joseph County, Indiana. \ Scale 1" =100' Dancla Harner &A66aciate6, inc. Land Surveyors • Professional Engineers Landscape Architects • land Planners Office: (574)234 -4003 / (800)594 -4003 . fox: (574)234 -4119 1643 Commerce Drive . South Send. IN 46628 [CIA Vanch, Harner & Associates, Inc, MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners August 1, 2013 Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 RE: Vacation Petition for the first East /West Alley South of Cedar running West from Eddy Street for a distance of approximately 200 feet to its' termination point. All situated in the Plat of "Hull's Subdivision of Block 11 of Cottrell's First Addition to the Town of Lowell, Now the City of South Bend ", Recorded in Plat Book 10, Page 105, in the office of the recorder of St. Joseph County, Indiana. Dear Council Members: Our clients, 424 Francis LLC, are requesting the approval of the Vacation for the above described Alley. The reason for this request is to allow for the reconfiguration of parking within their property, to remove an existing driveway onto Eddy Street and add a new entrance to their apartment complex off of Cedar Street. The Petitioners believe that vacating the above- mentioned Public right -of -way will not have a detrimental effect on the adjacent properties located along this portion of Eddy Street. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harner & Associates, Inc. File #130157 1643 Commerce Drive . South Bend, IN 46628 office 574/234 -4003 ■ 800/594 -4003 ■ Fax 574/234 -4119 A led i ii CITY 208 West Mars . Berrien Springs, MI 49103 Office 269/471 -3010 ■ Fax 269/471 -7237