The URL can be used to link to this page

Home My WebLink AboutVacation - Street - Napoleon StreetORDINANCE No. 9123-00 Passed by the Common Cottttcit of the City of South Bend, Indiana August 14, Attest: Attest: 00 20 Presented by me to the Mayor of the Ciry of Soutlt Bend, Indiana August 15, 20 00 City Clerk President of Compton Council Ciry Clerk Approved and signed by me August 16, 20 00 Ma}rn ORDINANCE NO . 1 ~ ~ ~ - d AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A STRIP OF THE NAPOLEON STREET RIGHT-OF-WAY FIFTEEN FEET (15') WIDE ADJACENT AND PARALLEL TO THE NORTH LINE OF LOT A OF E & M GOERNER REPEAT FROM THE WEST LINE OF SAID LOT A THENCE EASTWARD ALONG LOT A AND LOT 47 OF SORIN'S 2~ ADDITION TO THE EAST LINE OF LOT 47, A DISTANCE OF 265.98 FEET MORE OR LESS; AND, A STRIP OF THE NAPOLEON STREET RIGHT-OF-WAY FIFTEEN FEET (15') WIDE ADJACENT AND PARALLEL TO THE NORTH LINE OF LOT 41 OF SORIN'S 2~ ADDITION WEST LINE OF SAID LOT 41 THENCE EASTWARD TO THE EAST LINE OF LOT 35, A DISTANCE OF 344 FEET MORE OR LESS; ALL IN THE CITY OF SOUTH BEND, SAINT 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 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 the Napoleon Street right-of-way fifteen feet (15") wide adjacent and parallel to the north line of Lot A of E & M Goerner Replat from the west line of said Lot A thence eastward along Lot A and Lot 47 of Sorin's 2nd Addition to the east line of Lot 47, a distance of 265.98 feet more or less; and, a strip of the Napoleon Street right-of-way fifteen feet (15') wide adjacent and parallel to the north line of Lot 41 of Sorin's 2nd Addition west line of said Lot 41 thence eastward to the east line of Lot 35, a distance of 344 feet more or less; all in the City of South Bend, Saint 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 (A) 18-5105-3663 LOT (47) 18-5105-3663.01 LOT (41) 18-5105-3676 LOT (35) 18-5105-3689 SECTION IV. The purpose of the vacation of the real property is to adjust existing right-of-way which, if executed, would place the actual property line virtually at the front doors of the houses on Lots 47, 41, and 35 and at the side porch of the house on Lot A. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor. l Member of the Comm uncil 1st READING 1-Zy-0a PUBLIC HEARWG $- ~ ~-OD ~` S {~'v~r~`aI-c~ 3 rd READING ~'-1(-00 ~i a~'^°+~-d~u1 NOT APPROVED REFERRED 11 PASSED ~j -~`{ "b0 AS 0.~~a4 F • -~? ~iPw ~* 3 ,,,, ~ 1 ZOOQ 1.._..-~. -- .__,__;~w 4 t_r~;- COMMITTEE REPOkT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 60-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A STRIP OF THE NAPOLEON STREET RIGHT-OF-WAY FIFTEEN FEET (15') WIDE ADJACENT AND PARALLEL TO THE NORTH LINE OF LOT A OF E & M GOERNER REPEAT FROM THE WEST LINE OF SAID LOT A THENCE EASTWARD ALONG LT A AND LOT 47 OF SORIN'S 2ND ADDITION TO THE EAST LINE OF LOT 47, A DISTANCE OF 265.98 FEET MORE OR LESS; AND, A STRIP OF THE NAPOLEON STREET RIGHT-OF-WAY FIFTEEN FEET (15') WIDE ADJACENT AND PARALLEL TO THE NORTH LINE OF LOT 41 OF SORIN'S 2ND ADDITION WEST LINE OF SAID LOT 41 THENCE EASTWARD TO THE EAST LINE OF LOT 35, A DISTANCE OF 344 FEET MORE OR LESS; ALLIN THE CITY OF SOUTH BEND, SIANT JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill comes to the full Council with a favorable recommendation, as amended, as follows: Legal description changed to above. Andrew Ujdak Chairman ' g~aminv mn vnr•sTR: y[78LIC RIGHTS-OF-WAY TO THE COMMON COUNCIL DATE: / - 7 ' ~~ OF THE CITY OF SOUTH BEND, INDIANA ' I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS:~~ // U j ~ / 17 C:. - / V ~ D L ~ O/.J c ~V ~7 ~ EC ~ I ~ TIZ.~ ~ ~G l~~ ~ ~--- l ~ t 1 --} i _ ~ ~ i ~-/ Gs-f i - a ~ - ~J fl- NAME (sigaed & printed) ADDRESS I'~ ~ i '-~ CONTACT PERSON (S) NAME: ~~c~,'r=x,217 `~~c~ i~ RETURN TO: i OFFICE OF THE CITY CLERK ADDRESSS 1 G~~-5~ ~~i~y~G'L-C: ~'~ L~~ LORETTA J. DUDA, CITY CLERK ~ -~ ROOM 455-COUNTY-CITY BUILDING ~~[,/TFf \'/~'y~ ~ °- `~~~'~7 SOUTH BEND, IN 46601 ~ ~~ , ~~Q Z 219-235-9221 PHONE: - ~ ~ ~"' 32 ~ W ~ t ' ~ 18-5123 I w _ _ r`: _ ~ t, ..l__ ~ I ^ r-_. x;.,-4381 ' ~ ~r~, ~~ " ~ - 4392.01 I - 4392.02 ~ L ~'_ 30= ~ 4 -4385 NAPOLEON ST. J '` `~" , ~ }-.-~----- 265.98' 15' ----~ ~ I 344, r _ I 15 _,~:. I -3635 ~ ~ i ~`_~ I 4i C ~ 35 ~S .~:~' ~` -~°r' I ~-~ - h,Q r -3663 47 -3663.01 ' ~ -3676 ~, ~ -3689 ~-- k ~ ~ , A .~ _ 18-5105 ~t.. _ - t~-..~~3637 ~ rC~~ .~~,- $8 ~ ~~~ 42 ~=..~'' y 36 ~ 2 -3552 4,.,..,,,,y '~~ ~~ -3665 -3677 >;'y° ` -3690 ~ ~ ~'~ 24 3555 -3666 ~., ~ r. ~ ~ ~ ~3 3558 ~> x~ ~ -;., ~ 49 -3667 -3678 ==„'° ~ 37 -3691 W w. "`~ ~ --~ 18- 5i 01 £-- W ~ . a^ ^y ' ~ 6.J ~ a.tr ~ ~ rr `` 1..{.. RIGHT-OF-WA'Y VACATION The right-of way to be vacated is the northernmost 15' strip of property from the northwest corner of Lot A in E & M Goerner Replat thence east along lots 47, 41 & 35 of Sorin's 2nd Add. Part located in E & M Goeraer Replat and Sorin's 2nd Add., South Bend, St. 3oseph County, Indiana. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDiANa 4b601-1830 CITY OF SOUTH BEND STEPHEN ,]. LUECKE; MAYOR BOARD OF PUBLIC WORKS August 14, 2000 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of an Alley Dear Council Members: PHONE 219/235-92$1 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: The northernmost 15' strip of property from the northwest corner of Lot A in E&M Goerner Replat thence east along Lots 47, 41 and 35 of Sorin's 2"d Addition Part located in E&M Goerner Replat and Sorin's 2"a Addition, South Bend, St. Joseph County, Indiana. For your information, the Board received favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. Area Plan noted that the legal description is incorrect. The current legal description reads as though the property owners are requesting to vacate their own properties, rather than a proportion of the right of way. Only one of the four homeowners along the right of way has signed the petition. Area Plan would recommend that this right of way is vacated, that it be subject to any utility easements that maybe required and also be subject to a public access easement for pedestrian traffic. It appears that the existing sidewalk at 1024 Napoleon Street and 1126 North Frances Street will be on private property if this petition is granted. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, Angela KJJacob, Clerl~ Attachments