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Fort Wayne Ordinance G-91-04-18 PDF

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Ж” BILL NO. G-91-9 14 $€Y GENERAL ORDINANCE NO. G- 03-72 AN ORDINANCE amending the Thoroughfare Plan of the City Comprehensive ("Master") Plan by vacating an alley thereof. WHEREAS, a petition to vacate a public alley within the city of Fort Wayne (as more specifically described below) was duly filed with the City Planning Commission; and WHEREAS, said Commission duly held а public hearing thereon; and E.оЕtаO м WHEREAS, said Commission has duly forwarded its recommendation to this body approving said petition, all in accordance with I.C. 36-7-4-512(2) and this body having held a public hearing on said vacation as provided іп І.С. 36-7- 4-12; and WHEREAS, this body concurs in the recommendation of the City Planning Commission. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF FORT WAYNE, INDIANA: SECTION 1. That the petition filed herein to vacate a public alley within the City ог. Fort Wayne, more specifically described as follows, to-wit: The east-west alley bounded to the north by the south property line of Lot No. 4 in Lanternier's Amended Addition and bounded to the south by the north property line of Lot No. 5 in Lanternier's Amended Addition. Commencing at the Southwest corner of Lot. no. 4 іп Lanternier's Amended Addition; thence Southerly 140 feet to the Southwest corner of Lot No. 7 in Lanternier's Amended Addition; thence Westerly 8 feet; thence Northerly 140 feet; thence Easterly 8 feet to the point of beginning. and which vacating amends the Thoroughfare Plan of the City Comprehensive ("Master") Plan and is hereby approved in all respects. SEGTION.2. That this Ordinance shall be in full force and effect from and after its passage, any and all necessary ғELeкmvЕBJT^BtmtаККB—«іMQw09m9С ted0oаQAcO€9ВJ.9 €9 9bNӘ 3.о O . o9 ^ 9J€) UQ 0( Әpon0et eo c . U)P у B0I O P 22 approval by the Mayor. APPROVED AS TO FORM AND LEGALITY: JN wat J. TIMOTHY CAULA CITY ATTORNEY ** Public hearing to be held on the day of 29917 іп the Council Chambers. eOoбvОыуoetб . с Sandra E. Kennedy, City Clerk -2O05DSВN(bbb9dр-:O[paNpp3Rdaoooeo.tQт-QOACTOwktO-eaeeuaa o ss e at Ob Dtoн O iыfа ^oR 9^1iC OOo1 о ! ро Mi Read the first time in full and on motion by ' 'seconded by , and duly adopted, read the second time by title and referred to the Committee on ` (and the City Plan Commission for recommendation) and Public Hearing to be held after due legal notice, at the Common Council Conference Room 128, City-County Building, Fort Wayne, Indiana, on , the , Gay of , 19 , at o'clock M., E.S.T. DATED: SANDRA E. KENNEDY, CITY CLERK Read the OT A full and on motion by | ED ле - seconded by Lg , and duly adopted, placed on its passage. PASSED est by the following vote: AYES NAYS ABSTAINED ABSENT o9 ) „TOTAL VOTES 77 BEADBURY <— EDMONDS | 2 GiaQUINTA __ NEN -- | HENRY LONG 2— E . -—— LUNSEY eT RAVINE — 4-2 L ------ SCHMIDT 22. 2 TALARICO _ DATED: /-2ayY-^224: SANDRA E. KENNE DY, CITY CLERK Passed and adopted by the Common Council of the City of Fort Wayne, OPR (GENERA Indiana, as (АТ (SPHCLAL}—_—_—___{Z0n ENE) ORDZNANCE RESOLUTION NO. “2. 22-722 on the 2 fu day of и , 19 S) ep ATTEST: оул д SANDRA E. KE NNEDY, CITY CLERK PRESIDING Presented by me to the Mayor of the/gity of Fort Wayne, Indiana, on the AGA day of aA , 192222 at the hour of (1322 o'clocpk oQM., E.S.T. DO. E. ad w CLERK , Approved and signed by me this Oh day of me o'clock E.SМ.T. 19 Q1, at the hour of ОА o oo PPAAUULL HHEELLMMKKEE,, MAYOR о Read the first time in full and on motion by А seconded by » and duly a ad the sé€onhd time by title and refe mmittee on 5 (and the City Plan Commission for recommendation be held afte due legal notice, at the Common Co ity-County Building, Fort Wayne, Indiana, , the , day of sl DATED: -2-%/. SANDRA Е. KENNEDY, СІТТ СІ, Read the third time in full and on motion by қ seconded by ; and duly adopted, placed on its passage. PASSED LOST by the following vote: AYES NAYS ABSTAINED ABSENT ' TOTAL VOTES ERADBURY BURNS EDMONDS GiaQUINTA HENRY LONG REDD SCHMIDT TALARICO DATED: SANDRA E. KENNEDY, CITY CLERK Passed and adopted by the Common Council of the City of Fort Wayne, Indiana, as (ANNEXATION) (APPROPRIATION) (GENERAL) (SPECIAL) (ZONING MAP) ORDINANCE RESOLUTION NO. on the day of 35:19 ATTEST: (SEAL) ЕЕЕАН PUE A A oue SANDRA E. KENNEDY, CITY CLERK PRESIDING OFFICER Presented by me to the Mayor of the City of Fort Wayne, Indiana, on the day of ~ ————————————— 19, at the hour of o'clock MUSESSST. SANDRA E. KENNEDY, CITY CLERK Approved and signed by me this day of , L9 We: AR Ch our. of o'clock ет. PAUL HELMKE, MAYOR PRESCRIBED BY STATE BOARD OF ACCOUNT: YCE FORMS SYSTEMS, MUNCIE, ЕҢ, RECEIPT GENERAL FORM МО. 252 № 10824 a ин: & ECONOMICd ET WANNE, IND.. RECEIVED FROM- THE SUM OF ом ACCOUNT OF- /5(0 18 (2. PAID s CASH Ù] жеймо . LJ | $ | Date Filed: i Vacation Petition I/We Tokheim Corporation - (Applicant’s Name or Names) PETITION TO VACATE Alley о (Street, Alley, Utility Easement, Plat, Other) TO: THE CITY PLAN COMMISSION CITY OF FORT WAYNE, INDIANA does The undersigned petitioner(s), ххх 80 hereby respectfully petition the Fort Wayne City Plan Commission to vacate the following alle with the City of Fort Wayne, Indiana, and hereby described as follows: The east-west alley bounded to the north by the south property line of Lot No. 4 in Lanternier's Amended Addition and bounded to the south by the north property line of Lot No. 5 in Lanternier's Amended Addition. % feet of the базы | propert Agouth 7 feet of the east property line Wf Lot . 25,9"all in Wikch's AN NT bounded to the (Legal DeWcriptioN of operty bein \ XE additional In support thereof, your petitioner(s) would represent ав follows: (List reasons for requesting vacation.) 1. They are the only owners of the real estate bordering both sides of the portion of the alley sought to be vacated. 2. The portion of the alley sought to be vacated is not necessary as ingress or egress to other properties in the City of Fort Wayne. 3. Мо other person, firm, or corporation is adversely affected by the requested vacation of said portion of tne alley sought to be vacated. (If additional space is needed use reverse side.) Your petitioner(s) file this petition pursuant to the authority granted in Indiana Code, and provisions of local ordinance, in order to complete the vacation as described. WHEREFORE, your petitioner(s) pray that the above described alle be vacated according to the provisions of the Indiana Law pertaining thereto. DATED THIS 14th DAY OF March 19 91 TOKHEIM CORPORATION Adjacent Property Owner Adjacent Property Owner Typed Name . Typed Name 1500 Wabash Avenue ` _ Fort Wayne, Indiana 46803 Address Zip Address Zip By: AU ora,E E Signature Vps (resist Signature Legal Description of Property: east by the west property lines of Lots No. 5, 6 and 7 in Lanternier's Amended Addition Additional Reasons for Vacation Request: 4. The maintenance of the portion of the alley souїgо! hbevtvac.ate d is not necessary ОҒ advantageous to tne growtn о ne City o ort Wayne. 5. The vacation of said portion of the alley sought to be vacated WiTI benefit the City of Fort Wayne and the citizens tIhereof by perm itting your petitioner, Tokheim Corporation, to proceed wi e expansion and renovation of its plant facilities located in the East Central section of the City. Owners of Adjacent Property: Adjacent Property pARd—d—r—e—s—s/—Z—iÓpÀ2 — kd Signature Owners TYPED Name NOTICE: FILING OF THIS APPLICATION GRANTS THE CITY OF FORT WAYNE PERMISSION TO POST "OFFICIAL NOTICE" ON THE PETITIONED PROPERTY. FAILURE TO POST, OR TO MAINTAIN POSTING CAN PREVENT THE PUBLIC HEARING FROM BEING HELD. This form is to be filed in duplicate. AGENT: Lawrence E. Shine, Esq. Name . Baker & Daniels 2400 Fort Wayne National Bank Building Street Address Fort Wayne, Indiana 46802-2387 City/State/Zip (219) 424-8000 Phone AMENDED LEGAL DESCRIPTION FOR VACATION PETITION FILED BY TOKHEIM CORPORATION ON MARCH 14, 1991 TO: THE CITY PLAN COMMISSION CITY OF FORT WAYNE, INDIANA The following amended;legal description is for the north-south alley only. The legal description of the east-west alley to be vacated remains the same. Commencing at the Southwest corner of Lot No. 4 in Lanternier's Amended Addition; thence Southerly 140 feet to the Southwest corner of Lot No. 7 in Lanternier's Amended Addition; thence Westerly 8 feet; thence Northerly 140 feet; thence Easterly 8 feet to the point of beginning. PORT WAYNE nToeoBnod Ae RиNи G fCғOMаMoм S ION RESOLUTION WHEREAS , TOKHEIN CORPORATION has petitioned апа requested the Fort Wayne City Plan Commission to hold a public hearing upon the vacation of the following dedicated right-of- way situated in Fort Wayne, Allen County, to-wit: The east-west alley bounded to the north by the south property line of Lot No. 4 in Lanternier’s Amended Addition and -bounded to the south by the north property line of Lot No. 5 in Lanternier’s Amended Addition. Commencing at the Southwest corner of Lot no. 4 іп Lanternier's Amended Addition; thence Southerly 140 feet to the Southwest corner of Lot No. 7 іп Lanternier's Amended Addition; thence Westerly 8 feet; thence Northerly 140 feet; thence Easterly 8 feet to the point of beginning. | all in accordance with the terms of Section 44, Chapter 174 of the Acts of 1947, of the General Assembly of the State of Indiana, as amended by Section 3 of Chapter 385 of the Acts of the General Assembly of the State of Indiana, Indiana Code Section 36-7-4-12; and, WHEREAS, notice of ‘such public hearing has been given by due and proper publication thereof; WHEREAS, said public hearing was held on April 15, 1991 at 7:00 P.M. and at such hearing there were no objections of any kind or character which should prevent the vacation of said dedicated right-of-way. WHEREAS, said vacation of dedicated right-of-way has been routed through the following departments: Street Engineering, Traffic Engineering, Water Engineering, Water Pollution Control Engineering, Street Light Engineering, Park Board and through the Public Utility Companies. NOW THEREFORE, BE IT RESOLVED by the Fort Wayne City Plan Commission that the vacation of said dedicated right-of-way hereinbefore described conforms to the general policy pattern of . ' development set out in the Master Plan of the City of Fort Wayne, Indiana; BE IT FURTHER RESOLVED by the Fort Wayne City Plan. Commission that the vacation of said dedicated right-of-way hereinbefore described be and the same is hereby approved. BE IT FURTHER RESOLVED no public utility occupying and using said dedicated right-of-way or part thereof for the vacation and operation of its utility facilities shall Бе deprived of said use on account of these proceedings unless any said utility shall file a written consent to said vacation. BE IT FURTHER RESOLVED that the action of the Fort Wayne City Plan Commission be forwarded to the proper governing body having jurisdiction of the vacation of said dedicated right- of-way in Allen County, Indiana. STATE OF INDIANA) ) SS: COUNTY OF ALLEN ) I, Robert Hutner, Secretary of the Fort Wayne City Plan Commission, do hereby certify that attached is a full true and correct copy of a resolution adopted by the Fort Wayne City Plan Commission following a public hearing of said Commission held April 22, 1991 , and as the same appears of record in the official records of said Plan Commission. DATED TH6IthS D AY OF ___ JANUARY 1992 FORT WAYNE CIT PLAN COMMISSION Robert Hutner Secretary -

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