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Home My WebLink AboutVacation - Alley - McPherson Street from Western - Part located in Willett's Sub. of Bank Outlet 89 ORDINANCE No. 9102-00 ~ 1 Passed by the Compton Council of the City of South Bend, Indiana March 27, Attest: Attest: 00 20 _ Presented by me to tlae Mayor of the City of South Bend, Indiana March 28. 20 00 City Clerk President of Common Council City Clerk Approved and signed by me March 29, 2p o0 ~(./` Mayrn ORDINANCE NO. ~ 1 ~~ `~" AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first north/south alley east of McPherson Street from the north right-of-way of Western Avenue to the south right-of-way of the first east/west alley north of Western Avenue for a distance of 165 feet and a width of 14 feet. Part located in the Willett's Sub. of Bank Outlot 89, 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 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 north/south alley east of McPherson Street from the north right-of-way of Western Avenue to the south right-of-way of the first east/west alley north of Western Avenue for a distance of 165 feet and a width of 14 feet. Part located in the Willett's Sub. of Bank Outlot 89, 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, GAS, WATER, SEWER, SURFACE WATER, CONTROL STRUCTURES AND DITCHES, WITHIN THE VACATED RIGHT-0F WAY, UNLESS SUCH RIGHTS ARE RELEASED BY THE INDIVIDUAL UTILITIES. SECTION III. THE FOLLOWING PROPERTY MAY BE INJURIOUSLY OR BENEFICIALLY AFFECTED BY SUCH VACATING: 18-3069-2681 Lot 1 Deardoff s Sub. (1037 Western Avenue) 18-3069-2706 Lot 15 DeardofPs Sub. (1017 Western Avenue) SECTION IV. THE PURPOSE OF THE VACATION OF REAL PROPERTY IS TO To allow for expansion and a shared package of parking for the Pentecostal Church of God in Christ and the Elks LaSalle Landing Lodge. 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 Common C 1st READING 3- ~ 3- oa PU6LIC HEARING 3 _ 2,?_ p~ 3 rd READING 3 _ Z7 _d (~ NOT APPROVED REFERRED ~ASSr~ 3-Z~ -oc~ Flied in Clerk's ®gfice r-BAR o ~ zooo LORe17AJ. DUDA CITY CLERK, EO. BEFiD, i°d, COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 29-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF MCPHERSON STREET FROM THE NORTH RIGHT-OF-WAY OF WESTERN AVENUE TO THE SOUTH RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY NORTH OF WESTERN AVENUE FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE WILLETT'S SUB. OF BANK OUTLOT 89, 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. Andrew Udj ak Chairman /•~A V+ 10 Z 0 W x a --- v NAPIER ST. I ~ 8-30 9 I 8-3 69 ;-.,. PT.8 ~ PT.7 I I 8 ~ o ~ ~ `i 6 ~ 7 Jrb ~ 8 9 N1~N I N Ip ~ ~ I I ~ O' I 114'`L I ~° ` PT.8 P~K - ~° I I ~ i 7 ~~ Icy i I I I~ o f I ~ I I I I~ N I I~ I I I ~ I 5 .,~ 4 1 3~ I 2 ~ ~ 1 6 ~ 5' n 5 1~ 12 11 '~ I I N ~I N `~1 I I I14 I N WESTERN AVE. ~h° ~~s ~ O- I I N ,,,~ o I o I -2307 ~ I t o ~ ~~ N N I NJ- ~~ 18-3059 i i i N I ~ ~ J~2307.01 ~~ /~~'~ 1 2 3 4 i i I ~~P ~~A~ w~ ~ ~F ,N~~ S~v~ N ~ ~~E a~~ ~~WN ~~ s~ ~.~~o-~s. a i` V u a ALLEY VACATION The alley to be vacated is described as the first north/south alley east of McPherson Street from the north right-of--way of Western Avenue to the south right-of--way of the first east/west alley north of Western Avenue for a distance of 165 feet and a width of 14 feet. Part located in the Willett's Sub. of Bank Outlot 89, South Bend, St. Joseph County, Indiana. Fite In Ctert~~s ~r~ic~ P1AR 0 0 2000 LORGTiA J. ClJDA C9'tY Cl.ER~, ~. BEtiD~ ~; Z.. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE: 3- ~' Z~ OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY(S) DESCRIBED AS: The first north/south alley east of McPherson Street from the north right-of-way of Western Avenue to the south right-of-way of the first east/west alley north of Western Avenue for a distance of 165 feet and a width of 14 feet. Part located in the Willett's Sub. of Bank Outlot 89, South Bend. St. Joseph County, Indiana. NAM rinted and si ned ADDRESS LOT # 1017 Westem #15 Deardoff's Sub. (Key #18-3069-2706) Jeffrey Gibney. Executive Director South Bend Heritage Foundation CONTACT PERSON: Dea Andrews Administration Manager South Bend Heritage Foundation 914 Lincoln Way West South Bend, IN 46616 (219)289-1066 Flled In Clerls'~ ®ffic~ ~1AR 0 ~ 2000 LORr:TfAJ. Dl1DI', CITY CLER'd, '~. BEtfY7, loti- Property Ownership McPherson/V1lestern Alley Vacation 2-9-00 18-3069- 2677 1032 Napier James & Mable Dillard 1028 Napier South Bend IN 46619 2678 1028 Napier " 2679 1024 Napier Jose M. Ortiz 530 Pulaski St. South Bend IN 46619 2680 1022 Napier Carter Buchanan 121 N. Wellington South Bend IN 46619 2697 1018 Napier Carter & Nauzelle Buchanan 121 N. Wellington South Bend IN 46619 2698 1016 Napier Bether & Doris Mailey 2208 SW 333`d St. Federal Way WA 98023 2699 Vac Lot 7 Napier Samuel H. & Ida Mae Sconiers 2614 Hartzer South Bend IN 46628 2700 1012 Napier Annie Ray Sconiers 1012 W. Napier South Bend IN 46601 2681 1037 Western Pentecostal Church of God in Christ P. O. Box 1843 South Bend IN 46613 2706 1017 Western South Bend Heritage Foundation, Inc. 914 Lincolnway West South Bend IN 46616 2707 Vac Lot 14 & 15 We stern " 2709 Vac Lot 14 Western " 2710 1011 Western " 2711 1009 Western Improved, Benevolent, Protective 1009 Western South Bend IN 46617 18-3059- 2302 1028 Western Misionera Emmanuel Iglesia 1024 Western South Bend IN 46619 2303 1024 Western " 230701 1040 Western " 2305 1020 Western Burkhart Advertising P. O. Box 536 South Bend IN 46624 2306 1016 Western " 2307 1012 Western Rolland L. Schafer 65045 Miami St. Bremen IN 46506 ~I~trt~ ~~ ~~~ ~~'~ ~~~~~~ i-~QE~ u ~ 1 _ _ w. ~.,~. Duos ~S`tttc~,rA. e~taa. E,~o ~Ol~[~I~H l~lEl~ll~ HI lE lf~l[ ~l~A\~ lE 1F ~ l~(h11C~A ~l~ll O N 914 Lincolnway West South Bend, IN 46616 Phone (219) 289-1066 Fax (219) 289-4550 March 7, 2000 Dear Members of the Common Council: South Bend Heritage Foundation owns four lots east of the first north/south alley east of McPherson Street from the north right-of-way of Western Avenue to the south right- of-way of the first east/west alley north of Western Avenue. We are willing to transfer title of these properties to the Elks LaSalle Landing Lodge, located east of the alley, and the Pentecostal Church of God in Christ, located directly to the west of the alley, for the purpose of expanded and shared parking. Plans have been completed and bids solicited for this project, however, no transfer will occur without proof of funding from both institutions. This property was originally transferred from the Common Council to the Board of Public Works by Resolution #719 and then from the Board of Public Works to South Bend Heritage Foundation by Resolution #48.1999. It will be necessary to vacate said alley in order for the planned development to proceed. We look forward to your favorable recommendation toward this vacation. Thank you. ~~ Dea Andrews Administration Manager Filed In Cier~c's ®ff~ce ~~~R 0 r~ 2QOu LA^ rT'Ph J. i'Y~!'~d~. 4~CL~P",y~{~ ~~~,iit 1316 COUNTY-CITY BUILDING SOUTH $ENp, INDIANA 46601-1830 C1TY OF SOUTH BEND STEPHEN J. LUECKE~ MAYOR PxoNE219/235-9251 FAx 219/235-9171 TDD 219/235-5567 POARD OF PUBLIC WORKS March 27, 2000 Members of the Common Council ~ ~ ~,^'''} G Council Chambers ~ ~~''`~ ~ ~ ~ ~~ County-City Building, 4th Floor South Bend, Indiana 46601 . RE: Vacation of an Alley 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 the Vacation of an alley, as follows: The first north/south alley east of McPherson Street from the north right of way of Western Avenue to the south right of way of the first east/west alley north of Western Avenue for a distance of 165 feet and a width of 14 feet. Part located in the Willett's Sub. of Bank Outlot 89, South Bend, St. Joseph County, Indiana. For your information, the Board of Public Works received favorable recommendations from the Fire Department, Bureau of Sanitation, Division of Engineering, Department of Community and Economic Development, Area Plan Commission and the Police Department concerning this vacation, subject to any utility easements that maybe required. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, ~ ` ~ ~~ ge1a~ Jacob, Cl k Attachments