The URL can be used to link to this page

Home My WebLink AboutCorrect the Legal Description in Ordinance 8551-94 the Alley be Vacated is described as the First East-West Alley North of East St Vincent StreetORDINANCE No. 102s5.13 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest. September 9, 20 13 JOHN VOORDE Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me September 10, 20 13 JOHN VOORDE S ,f PTf",&, B£ ee /I 20 3 City Clerk President of Common Council City Clerk Maw ORDINANCE NO. I d 2 9-J f l 3 AN ORDINANCE TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 8551 -94 WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF EAST ST. VINCENT STREET RUNNING WEST FROM THE WEST RIGHT -OF -WAY LINE OF GEORGIANA STREET FOR A DISTANCE OF APPROXIMATELY 248 FEET TO THE EAST RIGHT -OF -WAY LINE OF EDDY 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 Alley to be vacated is described as the first East -West Alley North of East St. Vincent Street running West from the West right -of -way line of Georgiana Street for a distance of approximately 248 feet to the East right - of -way line of Eddy Street and having a width of approximately 12 feet. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, 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: Lot 22 "Hartman & Miller's Plat Tax Key Number 018 - 5101 -3561 S1 /2 Lot 23 "Hartman & Miller's Plat Tax Key Number 018 - 5101 - 355801 N1 /2 Lot 23 "Hartman & Miller's Plat Tax Key Number 018 - 5101 -3558 Lot 24 "Hartman & Miller's Plat Tax Key Number 018 - 5101 -3555 Lot 25 "Hartman & Miller's Plat Tax Key Number 018 - 5101 -3552 Lot 26 "Hartman & Miller's Plat Tax Key Number 018- 5101 -3553 Lot 27 "Hartman & Miller's Plat Tax Key Number 018 - 5100 -3554 Lot 28 "Hartman & Miller's Plat Tax Key Number 018 - 5100 -3559 Lot 29 "Hartman & Miller's Plat Tax Key Number 018 - 5100 -3562 Lot 70 "Hartman & Miller's Plat Lot 69 "Hartman & Miller's Plat Lot 71 "Hartman & Miller's Plat Lot 72 "Hartman & Miller's Plat Lot 35 "Sorin's 2nd Addition Lot 36 "Sorin's 2nd Addition Lot 37 "Sorin's 2nd Addition Unplatted land Tax Key Number 018 - 5100 -3560 Tax Key Number 018 - 5100 -3563 Tax Key Number 018 - 5100 -3557 Tax Key Number 018 - 5101 -3556 Tax Key Number 018 - 5105 -3689 Tax Key Number 018 - 5105 -3690 Tax Key Number 018 - 5105 -3691 Tax Key Number 018 - 5102 -3579 SECTION IV. The purpose of the vacation of the real property is to: 1. Stop cars from speeding down the Alley. 2. Stop fires, dumping and parking in the Alley. 3. Stop an access route for drug dealers on Georgiana Street. 4. Stop open urination in the Alley. 5. Stop the dumping of stolen cars. Create a safer environment for my child and family. 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 Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the dam^ day of gZ� �pM� 2013, at i0 o' clock P .. M. City lerk,,_,� y Approved nd signed by me on the o'clock M. MAYOR, C XTf 0>sWTH BEND, INDIANA 4 zt ktADING PUBLIC HEARING 3rd READING NOT APPROVED REFERRED PASSED day of 5107fA BfR , 2013, at S*.OD Filed !n C11 ;> Office AW -0 �q CRY CLERK SOUTH deNo, IN JOHN vo TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 43 -13 A BILL TO CORRECT THE LEGAL DESCRIPTION IN ORDINANCE 8551 -94 WHICH VACATED THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF EAST ST. VINCENT STREET RUNNING WEST FROM THE WEST RIGHT -OF -WAY LINE OF GEORGIANA STREET FOR A DISTANCE OF APPROXIMATELY 248 FEET TO THE E4T RIGHT -OF- WAY LINE OF EDDY STREET This bill was heard by the Public Works & Property Vacation Committee. Karen L. White Chairperson, Committee of the Whole 7c., zZ6 06 W 116 £6 Z C9 99 Zt tzl 96 S9 16 to 96 7 118 Ell 8tt 68 ZS 1s L i t 001 l8 9tt tot 08 Sit 901 at 1111 cot 91 ftl 1101 LL l SOl 9L l 90l SL Ott Lot 11L 60t 801 £L 19 99 99 L9 99 69 t —: 9 L 8 6 01 ll Zt ft 111 St 9t iN30NIA 'n 1111 fTl 0 ff A zt Sri LE Z of I 1 J L1 8l 6l oz tZ IT1 0 001 — I90G'. -6.6. — I SO G 96 1101 45 —3B•— i ZOt 96 1S bli. 911 6 £{ I S 1 LJ_ I-- s£ I 1111 Lf I fi IS z�r 1 ty 116 116 Z6 9 S S. Ot t IZS 1S OS 611 8 9r 1r�0 V uuutpuI °puag 'RnoS 30 40 aqR ul 1731d s1I0tl'W put, u8u4mH ui pajunjts mud •laa3 Z I Xjojrunxoaddu jo gppyA u put, jaaj g j7Z Xlaluuzixozddu jo aouunsip u zoj •IS mm,Baoao •rlio ouil Sum io -iriBF Isom oqi m -is xppa •N3o ouq Lien jo- jgSu•jsua aT} U-104 'IS ;uaou!A IS •a jo gpou Aallu Isom -loo Iszmj xp su. poquosop si paIuouA oq of Aallu oqs .KOLLV3VA AaZZV V66I `I JaquzaldaS a LUanch, "arnar ak ,1 ssociates, Inc. Land Surveyors ■ Professional Engineers Landscape Architects • Land Planners Office: (574)2344003 / (800)594 -4003 Fax: (574)234 -4t[9 1643 Commerce Drive ■ South Bend, IN 46628 August 21, 2013 Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 RE: An Ordinance to correct the legal description in Ordinance 8551 -94 which Vacated the following described property: the Alley to be Vacated is described as the first East -West Alley North of East St. Vincent Street running West from the West right -of -way line of Georgiana Street for a distance of approximately 248 feet to the East right -of -way line of Eddy Street; Dear Council Members: On behalf of our clients, the University of Notre Dame, we are requesting the approval to correct a scribbner's error in Vacation Ordinance No. 8551 -94. The error occurred in the legal description within the Ordinance only, the Vacation diagram that accompanied the Ordinance correctly depicted the alley that was to be Vacated. The reason for this request is to allow for the Auditor's Office and Assessor's Offices to show correctly on their records that Alley that was intended to be vacated was officially vacated. It will also allow for future buyers of the properties adjacent to the vacated Alley to be aware that the Alley has been vacated and cannot be used for access purposes. 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 #130155