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HomeMy WebLinkAbout9521-04 Vacation - Alley - Niles, Cedar, Madison,ORDINANCE No. 9521-04 Passed by the Common Council of the City of South Bend, Indiana August 9, Attest: JOHN Attest: ~ ~ ~ 20 04 Presented by me to the Mayor of the City of South Bend, Indiana August 10, JOHN 04 20 City Clerk President of Common Council City Clerk Approved and signed by me C~ugust 12, 20 04 Mayer ,~ ORDINANCE NO. ~ ~ ~', ~ ~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF CEDAR STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF MADISON STREET TO THE SO UTH RIGHT OF WAY OF CEDAR STREET FOR A DISTANCE OF 410 FEET AND A WIDTH OF 14 FEET. ALL BEING A PART OF THE ORIGINAL TOWN OF LOWELL, NOW THE 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 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 FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE FROM THE NORTH RIGHT OF WAY LINE OF CEDAR STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF MADISON STREET TO THE SOUTH RIGHT OF WAY OF CEDAR STREET FOR A DISTANCE OF 410 FEET AND A WIDTH OF 14 FEET. ALL BEING A PART OF THE ORIGINAL TOWN OF LOWELL, NOW THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. hereby determines that it is desirable to vacate said property, and that the same is vacated. SECTION II. The City of South Bend hereby reserves the rights the 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 are by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 52, 53, 54, 49, 50, 51, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 and 66 in the Original Plat of the Town of Lowell. SECTION IV. The purpose of the vacation of the streets is to permit the development and construction of new buildings on the existing alleys which are petitioned to be vacated. For this reason, the vacation of these alleys is needed in order that the Petitioner may continue to pursue its plan of growth to expand its campus onto these two parcels of land. An urgent need exists for the construction of each of these buildings which will provide additional services to patients of Madison Center, Inc. and parking for employees of Madison Center and patients to use the buildings. 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. t Member of the Common Co cil Attest: Cit Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the V1~1 day of , 2 00`t , at "~ '~ LJ o'clock ~. m. ~. City Cl k Approved and signed by me on the / Z day of 2 ao at Zl o'clock G- . m. Mayor, ity o th Bend, Indiana 1st READING ~ ~2'~O- ~ 1 PUBLIC HEARING 0 ~-~~ 3 rd READING ~'-~~ 0~ NOT APPROVED REFERRED PASSED ~-~,-0~ Fited In Clerk's Office JUL ~ 2 ~~~ f JOHN {-pORDE CRY CLERK, S0. BEND, M., TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 43-04 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF CEDAR STREET TO THE FIRST EASTNVEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF MADISON STREET TO THE SOUTH RIGHT OF WAY OF CEDAR STREET FOR A DISTANCE OF 410 FEET AND A WIDTH OF 14 FEET. ALL BEING A PART OF THE ORIGINAL TOWN OF LOWELL, NOW THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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. Sean Coleman Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREET/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: July 12, 2004 THE UNDERSIGNED PROPERTY OWNER PETITIONS YOU TO VACATE THE FOLLOWING ALLEYS AND STREETS: THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF CEDAR STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF MADISON STREET TO THE SOUTH RIGHT OF WAY OF CEDAR STREET FOR A DISTANCE OF 410 FEET AND A WIDTH OF 14 FEET. ALL BEING A PART OF THE ORIGINAL TOWN OF LOWELL, NOW THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. The reasons for this Petition to Vacate are to permit the development of new buildings on the existing alleys which are petitioned to be vacated. For this reason, the vacation of these alleys is needed in order that the Petitioner may continue to pursue its plan of growth to expand its campus onto these two parcels of land. An urgent need exists for the construction of each of these buildings which will provide additional services to patients of Madison Center, Inc. and parking for employees of Madison Center and patients to use the buildings. The undersigned Petitioner requests approval of this Petition. Names and Addresses of Owners of Property within 150 Feet of the Boundary of the Road Proposed to be Vacated. NAME signed & printed Madison Center, Inc. ADDRESS 403 East Madison Street South Bend, IN 46617 PROPERTY 18-5023-0802, 18-5023-0804, 18-5023-0198, 18-5008-0201, 18-5008-0216, 18-5008-0202, 18-5008-0211, 18-5008-0212, 18-5008-0217, 18-5023-0803 18-5023-0808 18-5023-0199 18-5008-0208 18-5008-0195 18-5008-0210 18-5008-0214 18-5008-0215 18-5008-0216 Charles S. Hayes, Inc. KMG Limited, Inc. KMG Limited, Inc. Elizabeth A. Anderson Rocco J. Simeri G Anderson LLC Joseph R. & Kathleen Crimmins 814 Marietta Street 18-5023-080701 South Bend, IN 46601 517 N. Hill Street 18-5023-0809 South Bend,1N 46617 517 N. Hill Street 18-5023-0810 South Bend, IN 46617 433 N. Hill Street 18-5008-0209 South Bend, IN 46617 20050 Brookwood Drive 18-5008-0226 South Bend, IN 46637 333 N. Hill Street 18-5008-0227 South Bend, IN 46601 Costello-Crimmins 18-5008-0228 c/o Teacher's Credit Union 110 S. Main Street South Bend, IN 46601 By: ruce R. Bancroft d Richard J. Deahl, Barnes & Thornburg LLP Legal Counsel for Petitioner Madison Center, Inc. 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): Bruce R. Bancroft, Esq. Richard J. Deahl, Esq. Barnes & Thornburg 100 N. Michigan Street, 6"' Floor South Bend, Indiana 46601 (574) 233-1171 Legal Counsel for Petitioner Madison Center, Inc. SBDS02 BRB 29890342 0802 P 0~~~~~ 0808 ~S 18 5023 0809 R150.0' 0803 0804 0810 -- ~-- 0198 R150.0' 3 a! W Z W a N W J Z i 0199 0195 I 18-5008 0201 --- -- 14• -- -- CEDAR STREET 82.5' R/W 14' - - - - - _ _ _ 0208 0209 ' ~~ ~0 wE~ 0210 I ~ , oz11 ' ~ L0202 _ _ 0212_ _ ~ -~-- W 0214 W ~ 18-5008 N J J 0215 = LEGAL DESCRIPTION: i The first alley to be vacated is the first North/South alley East 0216 ~ 0217 of Niles Avenue, from the North right of way line of Cedar _ _ _ _ _ - - Street to the first East/West alley for a distance of 198 feet 14' and a width of 14 feet. The second alley to be vacated is the MADISON STREET 82.5' R/W first North/South alley East of Niles Avenue, from the North right of way line of Madison Street to the South right of way - - - - - - - line of Cedar Street for a distance of 410 feet and a width of 0226 14 feet. All being a part of the Original Town of Lowell, now 18 0218 0227 the City of South Bend, St. Joseph County, Indiana. 0218 BARNES &THORNBURG Bruce R. Bancroft (574) 237-1128 Email: bruce.bancroft~btlaw.com Common Council of the City of South Bend, Indiana County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Dear Ladies and Gentlemen: 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601-1632 U.S.A. (574)233-1171 Fax (574)237-1125 www.btlaw.com July 13, 2004 I enclose with this letter a Petition to vacate two alleys in the City of South Bend together with a Proposed Ordinance, the filing fee and the Radius Map which was prepared by the City Engineer's office. This Petition is filed in behalf of our client, Madison Center, Inc. and requests that the two 14 foot wide North-South alleys located in the center of the property which was formerly owned by Rose Fuel Company be vacated. The reason for this requested vacation is to enable Madison Center to build new patient treatment and office buildings on the former Rose Fuel property. The alleys which are petitioned to be vacated interfere with the construction of these buildings which will be constructed on the land where the alleys presently exist. Neither of these alleys is presently in use and neither of them has been used for a number of years. They have both been contained within the property used by Rose Fuel for its business. The description of the alleys which we petition to vacate is shown on the attached Radius Map. Madison Center, Inc. owns all the property on both sides of both alleys which we request be vacated. If you have questions concerning this Petition or the Ordinance, please advise me or my Associate, Richard Deahl of our firm. Thank you very much for considering this Petition. Sincerely yours, BARNES & THORNBURG LLP ~V v l~ Bruce R. Bancroft BRB:aml Filed in Clerk's Office Enclosures JUL 1 3 2004 JOHN YOORDE CfTY CLERK, S0. BEND, IN. Chicago Elkhart Fort Wayne Grand Rapids Indianapolis South Bend Washington, D.C. 1316 COUNTY-CITY BUILDING SOUTH BENDS INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC CORKS July 21, 2004 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacations Dear Members of the Council: PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the following alley vacations: First N/S Alley East of Niles from Madison; First N/S Alley East of Niles from Madison to Cedar The Division of Engineering, Area Plan Commission, Community & Economic Development, Fire Department, Solid Waste, Police Department and the City Attorney's office submitted favorable recommendations. Area Plan stated that the petitioner must own all the properties contiguous to these rights- of-way. It also appears that this will also create dead-end alleys at the north and south points. Engineering stated that Madison Center owns the properties on both sides of the alley. South of Madison, other property owners may require access to their rear yards. Also a turning capability needs to be established for the "L" shaped alley being created at the south end by this vacation. In addition, if these alleys are vacated, they are done so subject to any utility easements that are necessary. The Board of Public Works submits to you an favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. S' rely, - ~~ ~ . ngela~Jacob, I Board of Public Works Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor' Office November 7, 2003 Members of the Common Council INTER-OFFICE NfEtVfORANDUIIIf. BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission ~rry Magliozzi, Community & Economic Development Bob Mathis, Community & Economic Development Howard Buchanon, Fire Department . Jack Dillon, Solid Waste , _:. Joe Markovich, Police Department Tom Bodnar, City Attorney's Office ~_ FROM: Angie Jacob, Clerk ~ - . RE: Alley Vacations - (near Cedar and Madison Streets/Madison Center) Preliminary Review DATE: .June 3, 2004 Attached for your review and recommendation is a page from the Plat Book for alley vacations. 1 would appreciate receiving yourcomments and recommendation concerning this vacation no later than June 9, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: BY: DATE: ~ • '3 - c- `~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community i~ Economic Development Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department J,~k Dillon, Solid Waste y'Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacations - (near Cedar and Madison Streets/Madison Center) Preliminary Review DATE: June 3, 2004 Attached for your review and recommendation is a page from the Plat Book for alley vacations. I would appreciate receiving your comments and recommendation concerning this vacation no later than June 9, 2004. Thank you for your cooperation. BY: TE:_ lp ~ O Z'd BOE6-SEZ(6TZl OI~~b211 QdHS diZ=TO i~0 LO u~C (LATER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department hack Dillon, So{id Waste Joe Markovich, Police Department . Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacations - (near Cedar and Madison Streets/Madison Center) Preliminary Review DATE: June 3, 2004 Attached for your review and recommendation is a page from the Plat Book for alley vacations. I would appreciate receiving your comments and recommendation concerning this vacation no later than June 9, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: _ ~r~ly f"u:c Sfc,ps ; iv f,~%~~c/e ~l~e~ c:~.,. ~o~,f' ~b~` ~.~-,.,f BY: cs-~i.,_. DATE: ~ "~~a~ 06x'09/2004 08:50 5742359305 SOUTH BEND FIRE DEPT PAGE 02 INTER-OFFICE MEiVIORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department .john Byorni, Area Plan Commission (.arty Magliozzi, Community & Economic Development Ebb Mathia, Community & Economic Development ~fioward Buchanon, Fire Department ,lack Dillon, Solid Waste ~ioe Markovich, Police Department 1"om Bodnar, City Attorney's Office FROM: f~ngie Jacob, Clerk RE: ~~Iley Vacations - (near Cedar and Madison Streets/Madis m Center) F~re{iminary Review DATE: dune 3, 2004 Attached for your review and recommendation is a page from the Plat Book for alley vacations. would c ppreciate receiving your comments and recommendation ~ concerning this vacation no later than June 9, 2004. Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: ~~~ ~ I~(o 's ~ 3 3 ~ ~ 3 .~33 l ~ ~~ B ~Z.~~. DATE: C~~ ~~~` Area F'fan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 June 11, 2004 The Board of Public Vt~orks 13`I' Floor, County-City Building South Bend, Indiana 46601 RE: Right-of--way Vacations -Generally described as the first North/South alley East of Niles Avenue from Madison Street running South approximately 198'; the first North/South alley East of Niles Avenue from Madison Street to Cedar Street; and the first North/South alley East of Niles Avenue from Cedar Street running North approximately 198'. Dear Board Members: The staff has reviewed this petition relative to IC 36-7-3-13. It is the staff's opinion that: (1) The vacation 1t~ould not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation tia~ould make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation tia~ould not hinder the public's access to a church, school, or other public building or place. (4) The vacation tit~ozrld hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The Staff recommends that these right-of--ways not be vacated until the petitioner owns all the properties contiguous to these right-of--ways. It appears that this will also create dead-end alleys at the north and south points. Sincerely, Andrew Videkovich Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~--i INTER-OFFICE fi~E(~~ORA[~DUflf BOARD OF PUBLIC WORKS ~ TO: rl Littrell En ineerin De artm~ 9 g p t Jon ~', '~ ~ son ~arry Magliozzi, Community & Economic Development 2~~ Bob Mathia, Community & Economic Development ~-lo and Buchanon, Fire Department ck Dillon, Solid V~~aste oe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk` `J RE: Alley Vacations - (near Cedar and Madison Streets/Madison Center} Pr ary view DATE: June 3, 2004 Attached r review and recommendation is a page from the Plat Book for alley vacations. I would appreciate receiving your comments and recommendation concerning this vacation no later than June 9, 2004. Thank you for your cooperation. COMMENTS & RECOMPfENDATIONS• BY: DATE: ~ l C~~~~ ~_ ~ C!~ / - =- ~7% I~tTER-OFFICE I~~EfJiORA~lDUf~~ BOARD OF PUBLIC V~ORKS ~'~ TO: Ctrl Littrell, Engineering Department ~ ~ John Byorni, Area Plan Commission ' `;~~ ~ i, Community & Economic Development Bob Mat ia, C-or r~mu_~.ity_&-Economic-Development anon, Fire Department ck Dillon, Solid Waste oe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk~~ RE: Alley Vacations - (near Cedar and Madison Streets/Madison Center) Prelimina iew r DATE: June 3, 2004 Attache r review and recommendation is a page from the Plat Book for alley vacations. I would appreciate receiving ycurcomments and recommendation concerning this vacation no later than June 9, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS• n