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Home My WebLink AboutVacation - Alley - East of South Michigan from the North of E. Irvington St.ORDII~IAI~IC~ I~Io. Passed by the Common Council of the City of South Bend, Indiana April 27, 19.98 Attest: City Clerk LORETTA J UD Arrest: Presented by me to the Mayor of the City of South Bend, Indiana April 28, LORETTA Approved and signed by me April 2 9th President of Common Council 19 98 19 98 City Clerk Mayor 8907-98 t r . ~ • `, ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first North/South Alley East of South Michigan from the North right-of-way of East Irvington Street to the South angle of the first East/,West alley North of East Irvington Street for a distance of approximately 117 feet and a width of 14 feet. Part located in Irvington Subdivision, City of 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 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 Michigan from the North right-of-way of East Irvington Street to the South angle of the first East/West alley North of East Irvington Street for a distance of approximately 117 feet and a width of 14 feet. Part located in Irvington Subdivision, 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: Lot #4 Lot #5 Lot #6 Lot #65 SECTION IV. The purpose of the vacation of the real property is to: obtain and maintain a transition between the buildings facing South Michigan Street and the parking lot located at 101 and 101-1/2 Irvington St. 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. ti i~ Cl~~g~ ~ E~ffice ~ sr REA~;r:c 1/-J~-`~~ PU~3L~C HEARWG~ ,~. 3rd READING~_ZJ.~j~' NOT APPROVED REFERRED PASSED ~-,~~-~ SBO~s~,~~~R - 7 f~Q~ LORE1'i'~ J. 0kf~~ CITYC:.E~;~,ts, ~~r1~.1t~. Member of the - on Council COMMITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: Bl[LI, NO. 39-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH MICHIGAN FROM THE NORTH RIGHT-OF-WAY OF EAST IRVINGTON STREET TO THE SOUTH ANGLE OF THE FIRST EAST/WEST ALLEY NORTH. OF EAST IRVINGTON STREET FOR A DISTANCE OF APPROXIMATELY 117 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN IRVINGTON SUBDIVISION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably. John Broden Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY The first North/South Alley East of South Michigan from the North right-of-way of East Irvington Street to the South angle of the first East/West alley North of East Irvington Street for a distance of approximately 117 feet and a width of 14 feet. Part located in Irvington Subdivision, City of South Bend, St. Joseph County, Indiana TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE April 2, 1998 THE UNDERSIGNED PROPERTY OWNER, PETITIONS YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The 1st north-south ALLEY east of S. MICHIGAN STREET, from the North Right-of-Way of East Irvington Street to the south Angle of the first East/West Alley North of East Irvington Street for a distance of approximately 117 feet and a width of 14 feet. ALL IN IRVINGTON SUBDIVISION CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA NAME (printed and signed) ADDRESS LOT # FRICK LIMITED LIABILITY COMPANY 3901 S.Michigan St. 65 BY: PRINTED : ~~~ ~ ~ S ~ • ~ ~ ~ Cf~ TITLE: ~ ~~/9- Contact Person• Name: Randy Rompola, Esa. Baker & Daniels Address: 205 W. Jefferson Blvd. Suite 250 South Bend, IN 46614 Loretta J. Duda City Clerk Room 455, County-City Building South Bend, Indiana 46601 (219-235-9221) Phone 219-234-4149 -le~~~'~ ~fiC~ Filed i~ C LOpET'Pn a ~~ p, lAl. C17Y CLE&~~4. ~• t .: BAI~R & DA1~II~L5 EST. 1863 FIRST BANK BUILDING • 205 W. JEFFERSON BOULEVARD, SUITE 250 • SOUTH BEND, INDIANA 46601 • (219) 234-4149 • FAX (219) 239-1900 • www,bakerdaniels.com RANDOLPH R. ROMPOLA DIRECT (219) 239-1926 e-mail: rrrompol~bakerd.com Apri17, 1998 Common Council of the City of South Bend, Indiana 400 County-City Building South Bend, Indiana 46601 INDIANAPOLIS FORT WAYNE SOUTH BEND ELKHART WASHINGTON, D.C. Filed i~ Ci~'~i~'~ office ~",~~' ' ~ 1~~u LORETiA J. DUDA C17YCLEA;:, SO. EEND~lM. Re: Ordinance Regarding Vacation of the Alley Located Adjacent to 101 Irvington Avenue. South Bend. Indiana Dear Common Council Members: Frick Limited Liability Company (the "Petitioner") desires that you consider and approve the aforementioned ordinance. Approval of the ordinance will allow the Petitioner to coordinate the development of the buildings located at the corner of South Michigan Street and Irvington Avenue and the parking lot located at 101 Irvington Avenue. The Petitioner has acquired these buildings and the vacant lot located across the alley on Irvington Avenue. The Petitioner is completing significant improvements to the buildings for the purpose of leasing the first floor space for commercial use and the second floor as two (2) residential apartments. Petitioner has acquired the vacant lot for the purpose of creating a parking lot. Providing for an improved transition to the parking lot on Irvington Avenue will also improve the appearance of the area greatly. The use and value of the area adjacent to the property included in the ordinance will not be affected in a substantially adverse manner. The Petitioner owns the two (2) parcels abutting the alley and by acquiring these parcels and making improvements, the Petitioner has virtually assured that the value of the adjacent properties will increase. The Petitioner will suffer unnecessary hardship if the ordinance is not approved. Without the proposed vacation, Petitioner will not be able to effectively develop the two (2) parcels. We ask that you also consider that Jim Frick, the principal involved with the Petitioner, is a successful businessman in the community and is committed to successfully Common Council Members -2- Apri17, 1998 renovating the properties at issue which will better the South Michigan Street community significantly. We ask for your favorable consideration of the ordinance. Should you have any questions, please do not hesitate to call. Sincerely, Enclosure cc: James D. Frick BAKER & DANIELS Randolph R. Rompola -2- ::ODMA\I'CDOCS\SBDOCS 1\11731\1 C,~H z Q c~ U ALLEY VACATION THE ALLEY TO SOUTH MICHIG SOUTH ANGLE 0 A DISTANCE OF IN IRVINGTON BE VACATED IS DESCRIBED AS TH AN FROM THE NORTH RIGHT-OF-WAY F THE FIRST EAST/WEST ALLEY NO APPROXIMATELY 117 FEET AND A SUB., CITY OF SOUTH BEND, ST. Filed its Cleric's Offiice t'~~°P, - 7 1~~~ LOAE7TA J. OUD~ CITYCiE~t~, s0. BEND, IN. E FIRST NORTH/SOUTH ALLEY EAST OF OF EAST IRVINGTON STREET TO THE RTH OF EAST IRVINGTON STREET FOR WIDTH OF 14 FEET. PART LOCATED JOSEPH COUNTY, INDIANA. FAIRVIEW