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Home My WebLink AboutVacation - Alley - First North/south alley east of Chapin Street from Napier to WayneORDINANCE No. 898699 Passed by the Common Council of the City of South Bend, Indiana, March 8, 19 99 Attest: Arrest: Presented by me to the Mayor of the City of South Bend, Indiana March 9 March 9, 'City Clerk Approved and signed by me_ Mayor ty Clerk President of Common Council 19 99 19 99 ... .., , ORDINANCE NO. ~J _I 0 ~' 1 I AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first north/south alley east of South Chapin Street from the northright-of--way of Napier Street to the south right-of way of West Wayne Street for a distance of approximately 154 feet and a width of 10 feet. All taken from the east side of Lots 11, 12, and 13 of Huston's Sub. of Bank Outlot 72, 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 South Chapin Street from the north right-of--way of Napier Street to the south right-of--way of West Wayne Street for a distance of approximately 154 feet and a width of 10 feet. All taken from the east side of Lots 1 1, 12, and 13 of Huston's Sub. of Bank Outlot 72, 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-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: 18-3051-1978 47 & 3-4' E END LOT 11 HUSTONS SUB OF BOL 72: (736-38 W. WAYNE) 18-3051-1979 EX S 3'/i FT LOT 12 HUSTONS SUB OF BOL 72: (234 S. CHAPII~ 18-3051-198201 E 35.5' LOT 13 HUSTONS SUB OF BOL 72: (731 W. NAPIER) 18-3051-1983 EX 70 FT S END LOT 14 HUSTONS SUB: (732 W. WAYNE) 18-3051-1984 70 FT S END LOT 14 HUSTONS SUB OF LOT 72: (729 W. NAPIER) SECTION IV. THE PURPOSE OF THE VACATION OF REAL PROPERTY IS TO allow for the consolidation of the lots targeted for the development of Phase II of the Chapin Market Development. The project is an extension from Phase I of the Chapin Market, which now houses a grocery store {Sav-A-Lot) and the Chapin Street Clinic. Phase II will complement phase one with a planned Laundromat and other professional service-providers. The goal is to provide services at a site both within walking distance from the homes of neighborhood residents and also visible enough to attract customers by its proximity to the grocery store and the heavily traveled Western and Chapin intersection. Continuation of the Chapin Mazket development will have a decided positive impact on the revitalization of the inner city neighborhoods on the west side of South Bend. 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 ~- ~~ ~~ PUBLIC HEARING 3 _ ~~ g 9 3 rd READING -~_ ~ g NOT APPROVED REFERRED PASSED j_g~ 9 9 Filed in Clerk's office FEB - 8 1989 LORETTA J. DfJDt~ cmrcLeatc, sa. a~ttD, IN COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH CHAPIN STREET FROM THE NORTH RIGHT-OF-WAY OF NAPIER STREET TO THE SOUTH RIGHT-OF-WAY OF WEST WAYNE STREET FORA DISTANCE OF APPROXIMATELY 154 FEET AND A WIDTH OF 10 FEET. ALL TAKEN FROM THE EAST SIDE OF LOTS 11, 12, AND 13 OF HUSTON'S SUB. OF BANK OUTLOT 72, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that this bill comes to the Council without a recommendation due to the lack of a quorum. Charlotte Pfeifer Chairman THOMAS ST. 27 26 9 2 13 -. ~., ~~~, 8 co ~ ~ ~ ~ ~ -1961 _ ~ _ ~ 7 5 -1962 -1963 ~ ~ ~ ~ ~ 1 cS~ i i , 4j , ~ WA N E o`~~~ -1977 ~ N-,~ 0 0 11 i ~ o °° m i °' i °' -1979 12 ~ • 14 ' 15 6 a, ~ '` ~ -1980 c., ~ o oCOO o 13 ~ ~ °' rn °' -1981 i ; ~ ~ ~ x T. 3 141 115 z Q U ~ 's ,~h0 70' ~. ~c'` ~ ~P~~~~ ~ Gj -2014.01 -2014 ~~ ~~ 1 ~~~~~ o~ 2 A AL A - ~~~ c~~O 3 ~O ALLEY VACATION THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH CHAPIN STREET FROM THE NORTH RIGHT-OF-WAY OF NAPIER STREET TO THE SOUTH RIGHT-OF-WAY OF WEST WAYNE STREET FOR A DISTANCE OF APPROXIMATELY 154 FEET AND A WIDTH OF 10 FEET. ALL TAKEN FROM THE EAST SIDE OF LOTS 11, 12, AND 13 OF HUSTON'S SUB. OF BANK OUTLOT 72, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ~ Fiiec~ ire ~I~ric's ®ffi~~ FFB - R 1999 LC^nE7Tt~ J. Ot1DA CITE CLER!:, ~O. HaP~u, IN. ~~ -1965 ~Q- ~~~ ~~~~ o ~~~~ ~~~0 ~ J~ ~~ ~ ~~ ~'`P QV~~ P T. 71 ~~ PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE: 02/05/99 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 South Chapin Street from the Northright-of--way of Napier Street to the South right-of--way of West Wayne Street for a distance of approximately 154 feet and a width of ten feet. All taken from the East side of lots 11, 12, and 13 of Huston's Sub. of B.O.L. 72, City of South Bend, St. Joseph County, Indiana. NAME (printed and si ned) ADDRESS l ~ > -' 736-38 W. Wayne Jeff Gibney, E eciitive Director South Bend Heritage Inundation ~ ~ ~ 34 S Chapin . ~~ Jeff Gibney, Executi a Director outh Bend Heritage Foundation S .~ ~ 731 W. Napier Jeff Gibney, Exec tie ector South Bend Heritag oundation ~~ 732 W. Wayne Jeff Gibney, Exe dti ector South Bend Heritag oundation ~'~~~~ ' 729 W N apier . . Jeff Gibney, Execut a Director South Bend Heritage Foundation LOT # 47 & 3-4' E END LOT 11 HUSTONS SUB OF BOL 72 EX S 3 % FT LOT 12 HUSTONS SUB OF BOL 72 E 35.5' LOT 13 HUSTONS SUB OF BOL 72 EX 70 FT S END LOT 14 HUSTONS SUB CONTACT PERSON: Dea Andrews Administration Manager South Bend Heritage Foundation 914 Lincoln Way West South Bend, IN 46616 (219)289-1066 Filed its Cleric's office FE 8 - $ 1~9~ LOR87'TAJ. Wf1,z CITY CLEAIa, ~O. QE~iII,1~. 70 FT S END LOT 14 HUSTONS SUB OF LOT 72 •~ '~ 1316 COUNTY-CITY BUILDING $OUTFi BEND, INDIANA 46601-1H3O PT[oNE 219/235-9251 Fnx 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC V Y ORKS March 8, 1999 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, as follows: The first north south alley east of South Chapin Street from the north right of way of Napier Street to the south right of way of West Wayne Street for a distance of approximately 154 feet and a width of 10 feet. All taken from the east side of Lots 11, 12, and 13 of Huston's Sub. Of Bank Outlot 72, 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, C~%Ul;~ '~ ~t.LW Angela K. cob, Cler Attachments JAMES R. CALDWELL LEWIS N. POWELL, P.E. M. CATHERINE ROEMER