HomeMy WebLinkAboutVacation - Alley - First Noth/South alley east of N. Spruce from Colfax to Colfax
ORDINANCE No. ass=ss
Passed by the Common Council of the City of South Bend, Indiana
March 22, 19 99
Arrest:
Arrest:
Presented by me to the Mayor of the City of South Bend, Indiana
March 23, 19 99
City Clerk
President of Common Council
~~~ ~ City Clerk
Approved and signed by me March 23,
LORETTA J,AUDA
19 99
Mayor
~wC~e~~
ti _
ORDINANCE NO. 9~ '~ / .
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The first north/south alley east of N. Spruce Street from the south right-of--way of W. Colfax Avenue to the
north right-of--way of the first east/west alley south of W. Colfax Avenue for a distance of approximately 198
feet in length and a width of 14 feet. Part located in Commissioner's Sub of Bank Outlot 79, 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 N. Spruce Street from the south right-of--way of W. Colfax Avenue to the
north right-of--way of the first east/west alley south of W. Colfax Avenue for a distance of approximately 198
feet in length and a width of 14 feet. Part located in Commissioner's Sub of Bank Outlot 79, 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:
18-1044-1900 LOT D CONIM SUB OF BOL 79 2ND REPEAT: (1218 Colfax)
18-1044-1902 LOT G COMM SUB OF BOL 79 2ND REPEAT: (122 Spruce)
18-1040-1744 LOT 40 ROCKAFELLER'S ADD: (1216 Colfax)
SECTION IV.
THE PURPOSE OF THE VACATION OF REAL PROPERTY IS TO
Allow for South Bend Heritage Foundation to continue its development of the West Washington Street
Neighborhood. The vacation will allow for the land at the southeast corner of Spruce Street and Colfax
Avenue to be replatted into lots for the construction of single-family homes. The vacation of the alley will be
a necessary step toward arranging the planned homes in a fashion that promotes both aesthetics and safety.
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 3'D ' l
PUBLIC HEARINGS-~~-9q
3 rc~ READING 3_a~ ~~q
NOT APPROVED
REFERRED p
PASSED 3"~~~' 19
Fl~lra ~l"i ~~L'S~G~S i~Y1~IC~
Pi9AR - ~ 1999
LORETTA J. DiJDP.
C1T1' CIERY., :b0. F3~tiD, t'd.
COMMITTEE REPORT
TO THE COMMON COUNCII. OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
19-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST NORTH/SOUTH ALLEY EAST OF N. SPRUCE
STREET FROM THE SOUTH RIGHT-OF-WAY OF W. COLFAX
AVENUE TO THE NORTH RIGHT-OF-WAY OF THE FIRST
EAST/WEST ALLEY SOUTH OF W. COLFAX AVENUE FOR A
DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND A
WIDTH OF 14 FEET. PART LOCATED IN COMMISSIONER'S
SUB OF BANK OUTLOT 79, 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
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL DATE: 03/01/99
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 N. Spruce Street from the south right-of--way of W. Colfax Avenue to
the north right-of--way of the first east/west alley south of W. Colfax Avenue for a distance of
approximately 198 feet in length and a width of 14 feet. Part located in Commissioner's Sub of Bank
Outlot 79, South Bend, St. Joseph County, Indiana.
NAME (printed and signed)
Jeney, Executive Director
South Bend Huge Foundation
Je ey, Executive Director
South Bend Herity~ge Foundation
_ ~
Jeff~lbhey, Executive Director
South Bend Heritage Foundation
ADDRESS LOT #
1218 Colfax LOT D COMM SUB OF BOL 79 Z~ REPEAT
122 Spruce LOT G COMM SUB OF BOL 79 2'~ REPEAT
1216 Colfax LOT 40 ROCKAFELLER' S ADD
CONTACT PERSON:
Dea Andrews
Administration Manager
South Bend Heritage Foundation
914 Lincoln Way West
South Bend, IN 46616
(219)289-1066
Fiied in ~teri~'s t~ffic^
P1Ai? - ~ 1~~9
Loa~rra.~. ar~x~
1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. I,UECKE, MAYOR
BOARD OF PUBLIC WORKS
March 22, 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:
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 an alley vacation, as follows:
The first north south alley east of North Spruce Street from the south right of way of West
Colfax Avenue to the north right of way of the first east west alley south of West Colfax
Avenue for a distance of approximately 198 feet in length and a width of 14 feet. Part located
in Commissioner's Sub of Bank Outlet 79, 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,
9 - to
gela acob, ler
Attachments
3AMES R. CALDWELL LEWI$ N. POWELL~ P.E. M. CATHERINE ROEMER