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HomeMy WebLinkAboutVacation - Alley e/west of Washington from w right-of-way of Birdsell to the e line of first n/south alley w of BirdsellORDINANCE No. 801299 Passed by the Common Council ofthe City of South Bend, Indiana, July 12, 19 99 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 13, 19 99 City Clerk Approved and signed by me July 14, 19 99 Mayor ORDINANCE N0. ~ ~ ~ 2- ~+ 1 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first east/west alley north of W. Washington Street from the west right-of-way of Birdsell Street to the east line of the first north/south alley west of Birdsell street for a distance of approximately 115.5 feet and a width of 12 feet. Part located in Stover's Sub. of bank Outlot 81, City of South Bend, St. Joseph County, Indiana. 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 W. Washington Street from the west right-of-way of Birdsell Street to the east line of the first north/south alley west of Birdsell street for a distance of approximately 115.5 feet and a width of 12 feet. Part located in Stover's Sub. of bank Outlot 81, 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 is Lot 28 and Lot 29. SECTION IV. The purpose of the vacation of the real property is that the present alley has not been used for its intended purpose for as long as St. Augustine has been at this location. The condition of the alley is poor; it is overgrown and has not been maintained as an alleyway. With our present proposal, we intend to improve the property, pave this alleyway as partial access and allow public access. 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. 1st READING ~I ~a1~~ PUBLIC HEARING~IIZ-~9~ 3rd RfiADING ~~IL`9~' NOT APPROVED REFERRED PASSED 1-~~--`~ q Fi~e~, i~~ ~'~TfC'S ~1~iCf; .~ i. ~ 1 - ~ 1999 Lc~:zTTA J. Dl1DA CITY CLERY., ::U. E3Ets'D, IPl. S~Ge~t~ Member of the Common Council PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: ©S /~ I THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The alley to be vacated is described as the first east/west alley north of W. Washington Street from the west right-of-way of Birdsell Street to the east line of the first north/south alley west of Birdsell street for a distance of approximately 115.5 feetand a width of 12 feet. Part located in Stover's Sub. of bank Outlot 81, City of South Bend, St. Joseph County, Indiana. NAME Diocese of Ft. Wayne St. Augustines Church ~~•~ ~A~YL ~• ~Y ~l CIL.I Na a (printe~dj,),_ !/7. Name (si ed) RETURN T0: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455, COUNTY-CITY BUILDING 219-235-9221 ~=i1~~ irrr! Ci~rgt's ~~i0 J ~ ~~ - ~ 1999 L~f#CTT:1 J. QiliT~ ADDRESS 1501 W. Washington St. South Bend, IN 46601 LOT # Address ~~ ~~~ Lot number(s) CONTACT PERSON: Philip E. Panzica, R.A. 422 East Monroe Street South Bend, Indiana 46601 219-234-0124 18-1048-2057 18-1048-2058 18-1048-2059 18-1048-2055 18-1048-2056 Y 39 - ~ 38 BIZ - - I 7 I I ~ ---- I ~ 18 205 Q I ~ I I -0053.04 Q LI STON ST. ,S I rn ~ N Q. 0 ~ ~ ~ 6 `` S N o o I ~ , ~ M ~~b~ N o ~G ~..JJ 0 ~ I I ~ N1 I I N ~ O I ~ O I --2~-- ~ 13 W - - - - - s-1-- ~- - ~ ~_ 12 ~'~ I -2054.02 m ~ O ~ 9 18-1048 26 ~~ -2055 L =2056 ~c -2064.01 12$5' O 5 -2057 12~ 29 ~ 7~. o I o 0 f_ `V ~' N I I I ~ ~ 141 3 N ~ ~ I 30 2 1. 1~ 1 WASHINGTON ~ 3 I ~ 8 7 6 5 4 2 1 6 5 5 ALLEY VACATION LEGAL DESCRIPTION The alley to be vacated is described as the first east/west alley north of W. Washington Street from the ~ west right-of--way of Birdsell Street to the east line of the first north/south alley west of Birdsell Street for a distance of approximately 115.5 feet and a width of 12 feet. Part located in Stover's Sub. of Bank Outlot 81, City of South Bend, St. Joseph County, Indiana. i Filed (n ~ierk'~ ®rrie~ J "~~ ~ - 4 1999 l//C~~iF~~z!^/7~TA d^. ®i1rrJ` R~q } CITY YLGfI~\~ v9. ®L:13'V~ ~1~"d. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 42-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF W. WASHINGTON STREET FROM THE WEST RIGHT-OF-WAY OF BIRDSELL STREET TO THE EAST LINE OF THE FIRST NORTH/SOUTH ALLEY WEST OF BIRDSELL STREET FOR A DISTANCE OF APPROXIMATELY 115.5 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN STOVER'S SUB. OF BANK OUTLOT 81, 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. Charlotte Pfeifer Chairman 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA'166O1-1H3O CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS June 29, 1999 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 1ZE: Street Vacation Dear Members of the Council: PHONE 219/235-9251 Fnx 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 a street vacation, as follows: The first east west alley north of West Washington Street from the west right of way of Birdsell Street to the east line of the first north/south alley west of Birdsell Street for a distance of approximately 115.5 feet and a width of 12 feet. Part Located in Stover's Sub. Of Bank Outlot 81, City of 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 may be required. The Division of Engineering and Area Plan stated that vacation of the street should be subjected to aturn-around being provided where Main Street will dead-end. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sinc ely, Angela KJ cob, C1e1Jc Attachments JAMES R. CALDWELL LEWI$ N. POWELL, P.E. M. CATHERINE ROEMER