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Home My WebLink About8408-93 Vacate - 1st East-West Alley South of Navarre St from the West line of Lafayette Blvd . . o ORDINANCE No. 8408-93 Passed by the Common Council of the City of South Bend, Indiana. August 23 , ig 93 Attest: ` � City Clerk IRENE K. GAMMON N Attest: 0 %-r-.:- ._ 4. President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— August 24, 19 93 , L.-a-'L`'" City Clerk IRENE K. GAMMON Approved and sired by me 0114-r-,d C: -- 'go �� ' Mayor ORDINANCE NO. 1. 8-93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The 1st East-West Alley South of Navarre Street, running west from the West line of Lafayette Boulevard to the first North-South alley. This alley is between lots 363 and 364 in the original Plat of the Town, now City of South Bend, and is 165 feet long. 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 1st East-West Alley South of Navarre Street, running west from the West line of Lafayette Boulevard to the first North-South alley. This alley is between lots 363 and 364 in the original Plat of the Town, now City of South Bend, and is 165 feet long. 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 363 and 364 in the Original Plat of the Town, now City of South Bend, Indiana. SECTION IV. The purpose of the vacation of the real property is to: Complete the development of the parking lot and entrance to the adjacent Medical Clinic building and improve public safety by vacating an alley running through a parking lot. 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. This ordinance shall be subject to a perpetual usage easement acceptable to the City' s legal department, which shall be recorded in the St. Joseph County Recorder' s office at the Pe 4tioner' s expense. ' Member �of t1 Common Council PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE: JULY 15, 1993 OF THE CITY OF SOUTH BEND, INDIANA 1. Request For Vacation and Legal Description. We, the undersigned property owner(s), petition you to vacate: The alleys described as: THE FIRST EAST-WEST ALLEY SOUTH OF NAVARRE STREET RUNNING WEST FROM THE WEST LINE OF LAFAYE'1"1'E BOULEVARD TO THE FIRST NORTH-SOUTH ALLEY. THIS ALLEY IS BETWEEN LOTS 363 AND 364 IN THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND AND IS 165 FEET LONG. 2. Reason for the Petition and Proposed Use. Petitioner owns the lots which abutt the subject alley. The alley is not presently used except by doctors, nurses and patients of the medical clinic located on Lot 364. The Medical Clinic is being enlarged. Use of the property which is now dedicated as an alley will permit more efficient use of the parking lot and help Petitioner remain in compliance with the city parking ordinance. It also will make the parking lot safer by excluding the public which now has the right to use the alley. 3. Names and addresses of all owners of property within 150 feet of the exterior boundaries of the alley proposed to be vacated are attached as Exhibit "A" hereto. NAME (printed and signed) ADDRESS LOT # HNNS BUILDING PARTNERSHIP 515 N. Lafayette Boulevard Lots 363 and 364 in the original plat South Bend, Indiana 46601 of the Town, now City of South ---.).464 Bend, Indiana. By: '° 2, '1 5. l`' Key Nos.: 10140532 and 1014053301 istopher S. r rg Title: General Partner CONTACT PERSON: IRENE GAMMON Name Bruce R.Bancroft, Esq. CITY CLERK Address Barnes & Thornburg ROOM 455 600 1st Source Bank Center COUNTY-CITY BUILDING 100 North Michigan Street SOUTH BEND, IN 46601 South Bend. IN 46601 Phone (219) 233-1171 Ofintuntttrt Irpar# 010 I1 t (donanon Qlounril of tip Oiitj of£rnu#li Nem): Your Committee of the Whole to whom was referred • BILL NO. 67-93 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF NAVARRE STREET, RUNNING WEST FROM THE WEST LINE OF LAFAYETTE BOULEVARD TO THE FIRST NORTH-SOUTH ALLEY. THIS ALLEY IS BETWEEN LOTS 363 AND 364 IN THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, AND IS 165 FEET LONG. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, amended as follows: Add to Section V: This Ordinance shall be subject to a perpetual usage easement acceptable to the City' s legal department, which shall be recorded in the St. Joseph County Recorder' s office at the Petitioner' s expense. Chairman Thomas Zakrzewski MARK T.MYERS,PRESIDENT FRANK A.ANTON OVITZ,V.P./COUNSEL NANCY A.MEYER,EXEC.VICE PRESIDENT 219 232-5845 ( FAX 289-1514 210 J.M.S. BUILDING SOUTH BEND, INDIANA 46601 LM-4250 July 9, 1993 Mr. Bruce Bancroft, Attorney Barnes & Thornburg 100 N. Michigan South Bend, In 46601 Dear Mr. Bancroft: Pursuant to your request we have made a search of the records of St. Joseph County, Indiana, with reference to ownership of the real estate lying within 150 feet of the area shown on the enclosed map, and find the present owners to be: KEY NO. NAME AND ADDRESS 18-1014-0526 Patrick & Ruth E. Brennan 312 W. Navarre St. South Bend, In 46616 18-1014-0527 Richard L. Gray & Elizabeth R. Garver 310 W. Navarre South Bend, In 46616 18-1014-0528 John J. and Shirley H. Horan 304 W. Navarre St. South Bend, In 46616 18-1014-0529 Thomas M. Euler 527 N. Lafayette South Bend, In 46601 18-1014-0530 Thomas M. Euler 527 N. Lafayette South Bend, In 46601 18-1014-0531 Thomas M. Euler 527 N. Lafayette South Bend, In 46601 18-1014-0532 HNNS Building Partnership 515 N. Lafayette Bldg. South Bend, In 46601 18-1014-053301 HNNS Building Partnership 515 N. Lafayette South Bend, In 46601 18-1014-0535 Circle of Mercy Corp. 505 N. Lafayette Blvd. South Bend, In 46601 18-1014-0538 Earl E. and Julia E. Wilborn 16750 Catalpa Ave. Mishawaka, In 46545 18-1014-0537 Harold Wayne Geyer 309 W. Marion St. South Bend, in 46601 KEY NO. NAME AND ADDRESS 18-1014-0540 South Bend Medical Foundation, Inc. 530 N. Lafayette Blvd. South Bend, In 46601 18-1014-0543 South Bend Medical Foundation, Inc. 530 N. Lafayette Blvd. South Bend, In 46601 18-1014-0546 South Bend Medical Foundation, Inc. 530 N. Lafayette Blvd. South Bend, In 46601 18-1014-0547 P and R Realty Inc. 215 W. Marion St. South Bend, In 46601 18-1020-085401 Victor Karczewski P.O. Box 12A South Bend, In 46624 18-1020-0853 Donald R. Miller and Velma M. 319 W. Marion South Bend, In 46601 18-1020-0852 Francis N. and Norah L. Linarello 327 W. Marion St. South Bend, In 46601 18-1020-085201 Francis N. & Norah Linarello 327 W. Marion St. South Bend, In 46601 18-1020-0854 Earl E. and Julia E. Wilborn 16750 Catalpa Ave. Mishawaka, In 46544 18-1020-0855 Donald R. and Velma M. Miller 319 W. Marion South Bend, In 46601 18-1018-0712 Todd E. & Heidi L. Payton 318 W. Navarre St. South Bend, In 46615 18-1018-0713 Daniel W. Allin 319 W. Navarre St. South Bend, In 46616 18-1018-0714 Suzanne C. Donovan 326 W. Navarre St. South Bend, In 46616 Sincerely, ‘--2222/2..A1 MARK T. MYERS, / Oa) PRESIDENT ,.x,,,,,,,,,t, ,�.GAG 7 93 ' (04,,''SpUTH e• - t Vv111j1,'// C/i% w \` d' City of South Bend _� \F:ACF.-A /.a :� '---.a- �11,a��;J Joseph E. Kernan, Mayor X21 Board of Public Works August 18, 1993 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: PETITION TO VACATE THE 1ST E/W ALLEY SOUTH OF NAVARRE STREET Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the Vacation Petition as submitted by Dr. Christopher S. Norborg, HNNS Building Partnership, 515 North Lafayette Boulevard, South Bend, Indiana, and which indicates as Contact Person Mr. Bruce R. Bancroft, Attorney at Law, Barnes & Thornburg, 600 1st Source Bank Center, 100 North Michigan Street, South Bend, Indiana, to vacate the following property: The 1st east/west alley south of Navarre Street, running west from the west line of Lafayette Boulevard to the first north/south alley. This alley is between lots 363 and 364 in the original Plat of the Town, now City of South Bend, and is 165 feet long. For your information, the Board received favorable recommendations concerning this vacation from the Engineering Department, Department of Community and Economic Development, Division of Sanitation, Area Plan Commission, Fire Department and Police Department. Copies of the recommendations received by the Board are attached. Therefore, the Board of Public Works submits to the Common Council a favorable recommendation concerning this vacation. Sincerely, BO OF PUBLIC WORKS 0t-1 .. 10. o-y_Q ' Sandra M. Parmerlee, Clerk 1308 County-City Building • South Bend, Indiana 46601 • 219/235-9412 John E. Leszczynski James R. Caldwell Mary H. Mueller