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Home My WebLink About10176-12 Vacate Alley N MadisonORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: August 13, 20 12 10176 -12 Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me August 14, Ac4 (-usT zo 20 12 20 1 z City Clerk - esident of Common Council City Clerk Mayer ORDINANCE NO. Ol � AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A part of the first East/West alley North of Madison Street beginning 6 feet West of the first North -South alley West of Michigan Street to the West Michigan Street right of way. 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 alley to be vacated is a part of the first East/West alley North of Madison Street beginning 6 feet West of the first North -South alley West of Michigan Street at a point on the East line said East/West alley that was vacated under Ordinance #7102 -82; thence East from that point to the West Michigan Street right of way for a distance of 185 feet and a width of 14 feet. The alley is a part of the Original Town, now City of South Bend, Portage Township, 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: Lots 159, 160, 165 and 166 of the Original Town, now City of South Bend. Section IV. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. The vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. SECTION V. This ordinance shall be in full fo and effect om and a its passage by the Common Council and approval by the Mayor. A)o ` M ber of the Common Council Attest: ity C rk Presented by me to the Mayor of the City of South Bend, Indiana on the day of s- , 2 O 1 , at W,zt o'clock �G _. m. City Cl r c .4-,, Approved and signed by me on the ° day of .4 Q&Wr , 201 Z , at S o'clock Q . m. Ma or Q ti nd, Indian 9 st READING 7 °-(4, —t ), PUBLIC. HEARING f t3—CL 43'- S "sA`1 � 3rd READING �_t 3—lLo -r S a NOT APPROVED REFERRED i PASSED 8-k 3 —11— 0 3- TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 29 -12 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE FIRST EAST/WEST ALLEY NORTH OF MADISON STREET BEGINNING 6 FEET WEST OF THE FIRST NORTH -SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST MICHIGAN STREET RIGHT OF WAY 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 as substituted by title. This bill was heard by the Public Works & Property Committee. Karen L. White Chairperson, Committee of the Whole I MARION STREET MADISON: STREET I- i 6 -1003 -0100 LEGAL DESCRIPTION: 18-1003-0112 The alley to be vacated is the first Ebst/West alley North of Motlisoh. Street I 1540ing. 6 feet West of the first North-South alley West of. Michigan Street at a point on the East line said Eost/West alley that was vacated under Ordinance, 7102-82; thence Cost from that point to the West Michigan Stroet.'rli ht of way for q disionce. of 185J66 and 4 width of 14 feet;. The A* is a port of the Origi : no[ TdWk how City of South Rand, Portoige Township, St, Joseph Counlyj Indiana, PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: June 21, 2012 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first North/South alley West of Michigan Street from Madison Street North to the first East /West alley and the first East/West alley North of Madison Street beginning 6 feet West of the first North -South alley West of Michigan Street to the West Michigan Street right of way. B. THE STREET DESCRIBED AS: N/A NA �(signed & printed) ADDRESS LOT # 615 N. Michigan Street, South Bend, Indiana 159 -161 & Jeff Costello, Chief Financial Officer 163 -166 Beacon Health System Signature Printed Name and Title Signature Printed Name and Title RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574- 235 -9221 CONTACT PERSON (S) NAME: James Lietzan ADDRESS: 2211 E. Jefferson Blvd. South Bend, IN 46615 PHONE: 574- 236 -4400 Filed In Z UN 7 2o12 CITY �14ZRK Sf3UiH �, r Elkhart general Hospital HEALTH 3y Em- Memorial Hospital of South Bend July 30, 2012 Mr. John Voorde, City Clerk City of South Bend County-City Building / Room 455 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Alley Vacation — Petitioner: Beacon Health Systems City of South Bend, Indiana Dear Mr. Voorde: As a representative of the Beacon Health System, I am requesting Bill No. 29 -12 be modified to eliminate the vacation on any part of the north -south alley requested originally in said bill due to concerns of an adjacent property owner. The part of the east -west alley to be vacated is unchanged. A Proposed Substitute Bill No. 29 -12 and a proposed ordinance are attached. I hope that you will grant my request. Thank you for your consideration, and if you have any questions please feel free to give me a call. Very holy yours, Jeffrey P. Costello Chief Financial Officer Beacon Health System 1316 COUNTY -CITY BUILDING 2. 2.7 W. JEPPP.RsoN BOUISNARD SouTi•I BEND, INDIANA 466oI -1830 CITY OF SOUM BEND PE'T'E BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS June 26, 2012 Mr. Jim Litzen DLZ Indiana, LLC 2211 East Jefferson Boulevard South Bend, Indiana 46615 PHONE 5741 235-925J FAX 574/ 23 5-9171 Red,, r UN V r' m F 1 i �. 2 pit, s CITY C . RE: Alley Vacation — The East Half of the East/West Alley and dhe South Half of the North /South Alley of the Block surrounded by Madison, Main, Michigan and Marion — Development of Parking Lot (Preliminary Review) Dear Mr. Litzen: The Board of Public Works, at its June 26, 2012, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Tony Molnar at (574) 235 -9254 prior to picidng up your radius map, You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Lima`GI. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering