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HomeMy WebLinkAboutVacation - Strip of Ground commencing 150ft north of Southwest corner of lot 165ORDINANCE No. 9130-00 Passed by the Common Council of the City of South Bend, Indiana August 28, Attest: Attest: 00 20 Presented by me to the Mayor of the City of Sotrth Bend, Indiana August 29. 20 00 LORETT~X J. D Approved and signed by me August 29, 20 00 City Clerk President of Common Cocrncil City Clerk C C/)r.~.-vP~-- Mrtym Ordinance No. ~ I ~ V - ~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A strip of ground commencing one hundred fifty (150) feet north of the Southwest corner of Lot 165 as shown on the recorded plat of Myers and Funk's Third Plat of Chippewa Heights Addition to the city of South Bend, Indiana, as a point of beginning, thence north along the west line of said Lot 165, a distance of twenty- four (24) feet, thence east parallel to the south boundary line of said Lot 165 one hundred twenty-eight and eleven one hundredths (128.11) feet, thence south along the east line of Lot 165 twenty-four feet (24), thence west parallel to the south boundary line of said Lot 165 one hundred twenty-eight and eleven one hundredths (128.11) feet to the place of beginning. 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 strip of ground commencing one hundred fifty (150) feet north of the Southwest corner of Lot 165 as shown on the recorded plat of Myers and Funk's Third Plat of Chippewa Heights Addition to the city of South Bend, Indiana, as a point of beginning, thence north along the west line of said Lot 165, a distance of twenty- four (24) feet, thence east parallel to the south boundary line of said Lot 165 one hundred twenty-eight and eleven one hundredths (128.11) feet, thence south along the east line of Lot 165 twenty-four feet (24), thence west parallel to the south boundary line of said Lot 165 one hundred twenty-eight and eleven one hundredths (128.11) feet to the place of beginning. 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 164, Lot 166, Lot 175, Lot 176, & Lot 177 SECTION IV. The purpose of the vacation of the real property is to eliminate an easement through the property. 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 Cou it 1~ RFADtRG 8 1--00 %~DLIC HEARING ~_2~-OD 3rd READING _ NOT APPROVED $ L~- ~~ .~---~ IeD ~Ta 4 E ~r REFERRED PASSED g _ Z~_ 0 ~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 70-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A STRIP OF GROUND COMMENCING ONE HUNDRED FIFTY (150) FEET NORTH OF THE SOUTHWEST CORNER OF LOT 165 AS SHOWN ON THE RECORDED PLAT OF MYERS AND FUNK'S THIRD PLAT OF CHIPPEWA HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, INDIANA, AS A POINT OF BEGINNING, THENCE NORTH ALONG THE WEST LINE OF SAID LOT 165, A DISTANCE OF TWENTY-FOUR (24) FEET, THENCE EAST PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID LOT 165 ONE HUNDRED TWENTY-EIGHT AND ELEVEN ONE HUNDREDTHS (128.11) FEET, THENCE SOUTH ALONG THE EAST LINE OF LOT 165 TWENTY-FOUR FEET (24), THENCE WEST PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID LOT 165 ONE HUNDRED TWENTY-EIGHT AND ELEVEN ONE HUNDREDTHS (128.11) FEET TO THE PLACE OF BEGINNING 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. Andrew Udj ak Chairman AUG.-09'OO~WEp) 11:40 TR(CON/TACO BEZL TEL: 248 614 5351 P. 002 'pETI~T~QN TO V~„CAT$-LC RIGHTp-AF-WAY (STRC~FT5 ~~} TO THE COMMON COUNCIL Date; - 9 -_`~-r_,,,_ OF TH13 CITY OF SOUTH al?ND, INDIANA I (WB), TIDE UNDERSIGNED PROPERTY O'WIVERS (6), PETITION YOU TO VACATE; A. THE BASEMENT DESCRIBER AS; A strip of ground commencing one hundred fifty (150) feet north of the 6authwent comer of I,ot 165 as ehowti on the recorded plat of Myers and Funk's Third Plat of Chippevl-a Heights Addition to the oily of South Bend, Indiana, as a point of beginning, thence north along the avast line of said I of 165, a distance of twenty- four (24) feet, thence east parallel to the south boundary line of said Lot 16S one hundred twenty-eight and eleven one hundredths (128.11) feet, thenoe south along the east line of Lot 16S twenty-four feet (24), thenoe west parallel to the south boundary line ot'said Lot 16S one hundredtwenty-eight and eleven one hundredths (1ZB.11) feet to the place of beginning. NAML (signed & printed) ADDRESS LOT # 'fAco dell of ~msR sh _~ 'p.0. ~oX ~53~0 ~,oatsvTllt,~lCy ~o~.a7. RETURN TO: OFFICE OF THE CITY CLERIC LORETTA 7. DUDA, CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND ,46601 1, r ~,~ ~-, ~,:: A~an.Oi=l ~4 11 219-235-9221 $ t=:;~.-LS ~ e~ ~~;$ ~ y-----F.. , u ~ ~~PHONE: 1330 572.- 2100 - Zed ~"{ (.3~~.«n~ ,`~'~~l.f g tai°.. t S31dI~055d ad9 WtIBE:jS 00, 60 `.7nd CONTACT PERSON (S) NAME: ~i&,e ~!el~s. P.1?. ADDRES9; Sz0 &. M~.in St.. ate 2S3 ~ RUG-D9-2©0© 11~D2 ~~~614 5351 96i P. D2 18- 14 f.. 177 176 175 174 173 ~~ '~ 17 -1472 -1471 -1470 -5262 ,~ °~ a y> 178 ~ A ,.^"+. -1473 r)Z_,02 ~ °~''~ . 1 8 127 126 125 L JJ R15 .0 ~ ~°°~ °~~ ° RI .0 ~ ~ a° ~ ,a . ` °° -1467.02 ~ ~ ° ~ ~,~ ~ ~~ °' °' 18- 14 ~ ~ l ~ ° _ ~ ~'"°° '" ..~.+ 127. 4.. '°: `;~° 24' 167 168 16 ~ 166 163 1 1B4 165 -5267 -1469 ~ -1463.01 -1467.01 -1468 ~ la c~ <t R 0.0 R1 .0 F= W O F~ r~ Easment Vacation ~ A strip of ground commencing one hundred fifty (150) feet north of the Southwest corner of lot 165 as shown on the recorded plat of myers and funk's Third Plat of Chippewa Heights Addition to the city of South Bend, Indiana, as a point of beginning, thence north along the west line of said lot 165, a distance of tewenty-four (24) feet, thence east parallel to the south boundary line of said Lot 165 one hundered tewenty-eight and eleven one hundredths (128.11) feet, thence south along the east line of Lot 165 tewenty-four feet (24) thence west parallel to the south boundary line of said Lot 165 one hundred tewenty-eight and eleven one hundredths (128.11) feet to the place of the beginning. Adjacent Property Owners -South Bend IN (Certified Tracking Numbers) Taco Bell of America P.O. Box 35370 Louisville KY 40232 Z 058 808 521 Stuart Linder 215 E. Ireland Road South Bend IN 46614 Z 058 808 522 James Husband 219 E. Ireland Road South Bend, IN 46614 Z 058 808 523 Robert Wilk 205 E. Norman South Bend, IN 46614 Z 058 808 524 Golden Bear Family Restaurants P.O. Box 35370 Louisville KY 40232 Z 058 808 525 Madeline Farrington 234 E. Walters St. South Bend IN 46614 Z 058 808 527 James & Michelle Niespodzany 323 Ireland Road South Bend IN 46614 Z 058 808 528 Michael & Debbie Speth 310 E. Walter St. South Bend IN 46614 Z 058 808 526 ~,?~ rj '~ "rn0~ Alice & Wayne Farrington 222 E. Walter St. South Bend, IN 46614 Z 058 808 518 State Street Bank & Trust Co.. 3111 W. Allegheny Ave. Philadelphia PA 19132 Z 058 808 519 Graber Group 51453 Laurel Road South Bend, IN 46637 Z 058 808 520 William Dobson 3733 Locust Road South Bend, IN 46614 Z 058 808 517 -.~.~..n.®»..~.r~...e-. F 1~~.!~ f~ TQ!~~? 37 J U.n._~. .,r _.. ~..._,~ y ., 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE~ MAYOR BOARD OF PUBLIC WORKS August 28, 2000 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of Property Dear Council Members: PHONE 219/235-9251 Fax 219/235-9171 TDD 219/235-5567 In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the following vacation: A strip of ground commencing one hundred fifty (150) feet north of the southwest corner of Lot 165 as shown on the recorded plat of Myers and Funk's Third Plat of Chippewa Heights Addition to the City of South Bend, Indiana, as a point of beginning, thence north along the west line of said Lot 165, a distance of twenty-four (24) feet, thence east parallel to the south boundary line of said Lot 165 one hundred twenty-eight and eleven one hundredths (128.11) feet, thence south along the west line of Lot 165 twenty-four feet (24), thence west parallel to the south boundary line of said Lot 165 one hundred twenty-eight and eleven one hundredths (128.11) feet to the place of beginning. For your information, the Board received favorable recommendations concerning this Vacation Petition from the Police Department, Fire Department, Sanitation, Department ofEconomic Development and the Department of Public Works. A recommendation was not received by Area Plan. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, Angela .Jacob, Cl Attachments