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Home My WebLink AboutVacation - Alley - Broadway Street, Michigan. Being a part of Haney's Addition ORDINANCE No. 9 Passed by the Common Council of the City of Soutlr Bend, Indiana October 14, Attest: Attest: ~a.....~ 20 02 Presented by me to the Mayor of the City of Soutlt Bend, Indiana October 17 20 ~Z City Clerk President of Common Council City Clerk Approved and signed by me October 18, 20 02 ~'"'~~~`~~ ~_ Mme' ORDINANCE NO. ` ~ ~ ~~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first East/West alley South of Broadway Street, from Michigan Street to the first North/South alley for a distance of 150 feet and a width of 14 feet. Being a part of Haney's Addition to the City of South Bend, St. Joseph County, Indiana. 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 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 the first East/V11est alley South of Broadway Street, from Michigan Street to the first North/South alley for a distance of 150 feet and a width of 14 feet. Being a part of Haney's Addition to the City of South Bend, 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: Life Treatment Centers Lot 6, key #18-7026-1050 (Life House Replat A) and Quick Auto (Heritage Acceptance) Lot 7, key #18-7026-1058. Both being a part of Haney's Addition to the City of South Bend, St. Joseph County, Indiana. SECTION IV. The purpose of the vacation of the real property is In order to enhance the aesthetics of the South Gateway Corridor and to take over an unused alley to increase our greenspace, we request to have the alley vacated bordering Quick Auto, (1420 South Michigan Street South Bend, Indiana 46613), Lot 7 of Haney's Addition, (key #18-7026-1058) on the south and the empty lot owned by Life Treatment Centers, Inc.,1402 South Michigan Street South Bend, Indiana 46613, Lot 6 of Haney's Addition, (key #18-7026-1050) on the north. The alley running East/V1/est from South Michigan Street, 150 feet east to the west side of the North/South alley behind Quick Auto, Lot 7 of Haney's Addition, (key #18-7026-1058), and ending there. Request to vacate the South half of the alley to Quick Auto and the North half to Life Treatment Centers, lnc. Subject to any utility easements. 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 1st READING ~ - Z 3 -~ Z PUBLIC HEARING L ~-~y-OZ 3rd READING l~_\y,,.~Z NOT APPROVED REFERRED PASSED (Q_ ~y-pZ Fil~t~ bay ~iaw~t'~ C~f~€~~ s~~ ~ ~ zooz L®F'~'fYP1 J. °~i~D3a ~~ CiThr CLE~tz, v$9, i3~6~~3T, Ei a', COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 75-02 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF BROADWAY STREET, FROM MICHIGAN STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 150 FEET AND A WIDTH OF 14 FEET. BEING A PART OF HANEY'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karl King Chairman ' ~ ~ PETITION TO VACATE PUBLIC RIGHTS-OF-WAY {STREETS/ALLEYS) TQ THE COMMON COUNCIL DATE:09-17-2002 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A T}1EAl_LEY~ESCRIBED AS: The alley to be vacated is the first East/V1/est alley South of Broadway Street from Michigan Street to the first North/South alley for a distance of 150 feet and a width of 14 feet Being a part of Haney s Addition to the City of South Bend St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: N/A NAME (signed and printed) ADDRESS LOT# Life Treatment Centers, Inc. 1 ~O~"_ v Heritage Acceptance Inc. 1402 South Michigan Street South Bend, Indiana 46613 1420 South Michigan Street South Bend, Indiana 46613 Lot 6 Key #18-7026-1050 Lot 7 Key #18-7026-1058 CONTACT PERSON(S) NAME: David Nowak Mike Teske RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 ADDRESS: 1402 South Michigan Street South Bend, IN 46613 PHONE: 574-233-5433 EXT. 232 ' ' x'", 6~~i~ ~i10 ~3~~'.a ~ ~t~~l~ to,~~rt~.t. ~ CriY CLEr t:, ~f3. E~6 s~, .; i, --~ ~ BROADWAY ---,~-- D ---~- F G 1 2 _ ~-~Q 3 4 ~- ~ ~ I I I I I I 3 1 I I I I I ST. H AN EY ~- I I I I 34 135 I ~ I I I I I I I I I I I I 37 I I I 40 I 41 142 I I I I I LEGAL DESCRIPTION: The alley to be vacated is the first East/West alley South of Broadway Street, from Michigan Street to the first North/South alley for a distance of 150 feet and a width of 14 feet. Being a part of Haney's Addition to the City of South Bend, St. Joseph County, Indiana. ~~~ ~ ~ zooz ~as-rr~~.~. ~~ 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE574l235-9251 FAx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC ~TORKS September 20, 2002 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning an alley vacation on the following: First east/west alley south of Broadway Street, from Michigan Street to the first north/south alley for a distance of 150 feet and a width of 14 feet. Being a part of Haney's Addition to the City of South Bend, St. Joseph County, Indiana. The Division of Engineering, Area Plan Commission, Community & Economic Development, Solid Waste, Police Department and the City Attorney's office submitted favorable recommendations. The Fire Department stated that this alley vacation would block access for the Fire Department truck to cover the rear of the buildings. It was noted that the lot next to the proposed vacation was purchased by Life Treatment, and the space will be open, according to their site plan. Therefore, the Board submits to you a favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. Sincerely, ~ngela' .Jacob, Cle~k Attachments c: Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor's Office E lei. i,ip ~:y~ ,JE.~..~ii s'/' ~C.1.A$2~~7.: sip z .~ zooz d91 ~ F.4~~1~ i, ate.. W. Ci,u! f.1J, ii F.