Fort Wayne Ordinance G-91-04-18

29 Pages·1.9 MB·

by  City of Fort Wayne, Indiana

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
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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 -