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HomeMy WebLinkAboutVacate - the 1st east west alley north of Cedar St running east from St Peter St Approximately 345 feet cu ORDINANCE No. 8226-91 Passed by the Common Council of the City of South Bend, Indiana. November 25, 91 10 Attest: `y``� City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 26, 91 i9 City Clerk IRENE K. GAMMON Approved and signed by me Q y,Jzt'1 19c/ I Mayor • 3 } i ORDINANCE NO. gas 4 -Q � AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST -WEST ALLEY NORTH OF CEDAR STREET, RUNNING EAST FROM ST. PETER STREET, FOR A DISTANCE OF APPROXIMATELY 345 FEET TO NOTRE DAME AVENUE, ALL IN CHAPOTON PLACE SUBDIVISION OF COTTRELL'S ADDITION TO LOWELL, AND ST. PETER STREET, FROM MINER STREET RUNNING, SOUTH TO CEDAR STREET, FOR A DISTANCE OF APPROXIMATELY 322 FEET. 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: A parcel of land located in the East Half (E1/2) of the Southeast Quarter (SE1 /4) of Section One (1), Township Thirty Seven (37) North, Range Two (2) East and all being in Portage Township, City of South Bend, St. Joseph County, Indiana, and being a part of the right of way of a public street now known as St. Peter Street and a 12.00 feet wide east /west alley and being more particularly described as follows: Beginning at the intersection of the north right of way line of a public street now known as Cedar Street with the west right of way line of a public street now known as St. Peter Street, said Point of Beginning being the southeast corner of Lot No. 17 as shown on the Recorded Plat of Listenberger's Subdivision, thence north, along the west right of way line of said St. Peter Street and also being along the east line of Lots 16 and 17 of said Listenberger's Subdivision a distance of 222.0 feet, thence east along the south line of Miner Street, extended, a distance of 66.0 feet to the point of intersection of the south line of Miner Street with the east line of said St. Peter Street and also being the northwest corner of Lot No. 11 of the Replat of Chapoton's Subdivision of Large Outlot No. 2 of Cottrell's Addition to Lowell as recorded in Plat Book No. 5, Page 68; thence south, along said east right of way line of St. Peter Street, a distance of 222.0 feet, more or less, to the intersection of said east right of way line with the north right of way line of said Cedar Street, said point of intersection also being the southwest corner of Lot No. 10 of said Chapoton's Subdivision, thence west, along the north right of way line of said Cedar Street, a distance of 66 feet to the Point of Beginning of this description and containing 0.34 acre, more or less. ALSO: ■ .-No. 5, Page 68; thence east, along the north line of said east/west alley and also along the south line of Lots 11 thru 20 of said Chapoton's Subdivision, a distance of 345 .0 feet, more or less, to a point on the west right of way line of a public street, now known as Notre Dame Avenue; thence south, along said west right of way line of Notre Dame Avenue, a distance of 12 . 0 feet; thence west, parallel with and 12 .0 feet south of, measured at right angles to, the south line of said Lots 11 thru 20, a distance of 345 . 0 feet, more or less, to a point on the east right of way line of said St. Peter Street; thence north, along said east right of way line of st. Peter Street, a distance of 12 .0 feet to the Point of Beginning of this description and containing 0. 095 acre, more or less and the net area of both parcels being 0.435 . acre. 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: SAINT JOSEPH' S MEDICAL CENTER, INC. 801 EAST LASALLE STREET SOUTH BEND, INDIANA SECTION IV. The purpose of the vacation of the real property is to: Increase and improve parking areas and private drives serving Saint Joseph's Medical Center, Inc. , including the hospital and medical office 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. Member o he Common Council t i PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The 1st east-west Alley north of CEDAR STREET, RUNNING east FROM ST. PETER STREET, FOR A DISTANCE OF APPROXIMATELY 345 FEET TO: NOTRE DAME AVENUE ALL IN CHAPOTON PLACE SUBDIVISION OF COTTRELL'S ADDITION TO LOWELL AND B. THE STREET DESCRIBED AS: ST. PETER STREET, FROM MINER STREET, RUNNING (south) TO CEDAR STREET, FOR A DISTANCE OF APPROXIMATELY 222 FEET. NAME (printed and igned) ADDRESS LOT # JOHN B. FORD, SAINT JOSEPH' S MEDICAL 9 ATTORNEY AT LAW CENTER, INC. 801 EAST LASALLE STREET 18-5020- POST OFFICE BOX 1935 0684 . 01 SOUTH BEND, INDIANA 46634 THE REASONS FOR THE VACATION ARE TO INCREASE AND IMPROVE PARKING AREAS AND PRIVATE DRIVES SERVING SAINT JOSEPH'S MEDICAL CENTER, INC. , INCLUDING THE HOSPITAL AND MEDICAL OFFICE BUILDINGS. CONTACT PERSON: IRENE GAMMON r.rmv r+r T rIrr __ _ DESCRIPTION A parcel of land located in the East Half (Ef ) of the Southeast Quarter (SEa) of Section One (1) , Township Thirty Seven (37) North, Range Two (2) East and all being in Portage Township, City of South Bend, St. Joseph County, Indiana, and being a part of the right of way of a • public street now known as St. Peter Street and a 12.00 feet wide east/west alley and being more particularly described as follows: Beginning at the intersection of the north right of way line of a public street now known as Cedar Street with the west right of way line of a public street now known as St. Peter Street, said Point of Beginning being the southeast corner of Lot No. 17 as shown on the Recorded Plat of Listenberger' s Subdivision, thence north, •along the west right of way line of said St. Peter Street and also being along the east line of Lots 16 and 17 of said Listenberger's Subdivision a distance of 222.0 feet, thence east along the south line of Miner Street, extended, a distance of 66.0 feet to the point of intersection of the south line of Miner Street with the east line of said St. Peter Street and also being the northwest corner of Lot No. 11 of the Replat of Chapoton's Subdivision of Large (Outlot) No. 2 of Cottrell ' s Addition to Lowell as recorded in Plat Book No. 5, Page 68; thence • south, along said east right of way line of St. Peter Street, a distance of 222.0 feet, more or less , to the intersection of said east right of way line with the north right of way line of said Cedar Street, said point of intersection also being the southwest corner of Lot No. 10 of said Chapoton' s Subdivision, thence west, along the north right of way line of said Cedar Street, a aistance of 66 feet to the Point of Beginning of this description and containing 0.34 acre, more or less. ALSO: The east/west 12.0 feet wide alley lying between Cedar Street and Miner Street and running between St. Peter Street to Notre Dame Avenue and more particularly described as follows: • • Beginning at the intersection of the east right of way line of said St. Peter Street with the north line of said 12.0 feet wide east/west alley, said Point of Beginning also being the southwest corner of said Lot No. 11 of the Replat of Chapoton' s Subdivision of Large (Outlot No. 2) of Cottrell ' s Addition to Lowell as recorded in Plat Book No. 5, Page 68; thence east, along the north line of said east/west alley and also along the south line of Lots 11 thru 20 of said Chapoton's Subdivision, a distance of 345.0 feet, more or less, to a point on the west right of way line of a public street, now known as Notre Dame Avenue; thence south, along said west right of way line of Notre Dame Avenue, a distance of 1,2.0 feet; thence west, parallel with and 12.0 feet south of, measured at right angles to, the south line of said Lots 11 thru 20, a distance of 345.0 feet, more or less , to a point on the east right of way line of said St. Peter Street; thence north, along said east right of way line of St. Peter Street, a distance of 12.0 feet to the Point of Beginning of this description and containing 0.095 acre, more or less and the net area of both parcels being 0.435 acre. mss` "�. kv rN n LOT V �`�sc" LOT /Z 1 ., \y�I .. - e; /B p 0U � 1 1ri� I • o mI �"-P :' mo -I III A n 11 LOT 20 P 16,1 S Qo LOT /3 I 11(,) � I LDT Z /7 �` y�,��l III II III o ,I _ I I- -- 084 - 1, on II II III- - - - - -I s 7Z__SS? 7.77-7-4- II �- 1i ---- NI --- -- - --� 0i__ __ 43 ' A//e._ -t/ i II- lid LOT /9 i o I LOT /4. 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NOTRE DAME J� .,_ AVENUE ni/ory Sewer-) . � 71 G I II ----i II III E ¢3. r35'� 1127 i E�34 I 37'' I}34'� I II ----- ----I ' I II 3 I �OTo713 N INI N iLOTi/2 0 1 1 IIo t 7-1,-/-t / _t `�1-1 III q,; or 7� 1�I ILOT )'/ I I I h co I I II I� I-- - -094/ 1 ��I--- 1 - --1--- il `P II II II ( LOT 75 I I LOT 70 I I G I II II II -0943_ I {p -0933 •----I ,i III d I -low, ro a I cQ (tnmmtttrt arpurt au to amount Tomtit of tip QIttg of0nut1t rnb: Your Committee of the Whole to whom was referred BILL NO. 73-91 SECOND READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST-WEST ALLEY NORTH OF CEDAR STREET, RUNNING EAST FROM ST. PETER STREET, FOR A DISTANCE OF APPROXIMATELY 345 FEET TO NOTRE DAME AVENUE, ALL IN CHAPOTON PLACE SUBDIVISION OF COTTRELL'S ADDITION TO LOWELL, AND ST. PETER STREET, FROM MINER STREET RUNNING, SOUTH TO CEDAR STREET, FOR A DISTANCE OF APPROXIMATELY 322 FEET. Respectfully-report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Chairman Loretta Duda FREE PRESS PUBLISHING CO. . . , .'‘,, -,/7 g-- 9 l i` 4 iii i •• .• \I pj�; i��ih ' 4ill ft-( \,m#'1z : ;�`�'- d City of South Bend /l t`` ��ll}j Joseph E. Kernan, Mayor k\1\\\x\\865`_— Board of Public Works November 22, 1991 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY AND STREET VACATION - 1ST E/W ALLEY N. OF CEDAR STREET, RUNNING E. FROM ST. PETER STREET TO NOTRE DAME AVENUE AND ST. PETER STREET FROM MINER STREET TO CEDAR 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 filed by Attorney John B. Ford, P.O. Box 4577, South Bend, Indiana, on behalf of Saint Joseph' s Medical Center, Inc. , 801 East LaSalle Street, P.O. Box 1935, South Bend, Indiana, to vacate the following property: The 1st east/west alley north of Cedar Street, running east. from St. Peter Street, for a distance of approximately 345 feet to Notre Dame Avenue, all in Chapoton Place Subdivision of Cottrell' s Addition to Lowell, and St. Peter Street , from Miner Street running South to Cedar Street for a distance of approximately 322 feet. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on November 18, 1991. Attorney John Ford, Attorney at Law, 1800 Valley American Bank Building, South. Bend, Indiana, was present on behalf of the Petitioner, Saint Joseph' s Medical Center, Inc. and informed the Board that the vacation is needed in conjunction with the proposed construction of a new medical pavilion. A copy of the minutes of the Public Hearing is attached for your information. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS November 22, 1991 Page -2- Therefore, based on favorable recommendations and comments received and heard by members of the Board, the Board sends to the Common Council a favorable recommendation on this proposed vacation. Sincerely, BOARD OF PUBLIC WORKS i Lni II < Sondra M. Parmerlee, Clerk smp Enc.