HomeMy WebLinkAboutVacate - Dinan Court running west from St Joseph St approx. 165 feet to the first north-south alley 4 a
ORDINANCE No. 7841-87
Passed by the Common Council of the City of South Bend, Indiana
December 21, 19 87
Attest: tom--)
City Clerk
IRENE K. GAMMON
At =..,r/•'..•`1_%.! e ..Z` — President of Common Council
/ /
Presented by me to the Mayor of the City of South Bend, Indiana_
December 22, i9 87
-re- k'. c
City Clerk
IRENE K. GAMMON
Approved and signed by me o2 19 77
)/7A /////211.°P14 ----
Mayor
ORDINANCE NO. -,iy],E 7
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
Dinan Court, running west from St. Joseph Street
approximately 165 feet to the first north-south alley
west of St. Joseph Street. Also, the first east-west
alley north of Navarre Street from St. Joseph Street
west approximately 165 feet to the first north-south
alley west of St. Joseph Street. Also, the first
east-west alley north of Navarre Street from Michigan
Street east approximately 165 feet to the first north-
south alley west of St. Joseph Street.
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:
Dinan Court, running west from St. Joseph Street
approximately 165 feet to the first north-south alley
west of St. Joseph Street. Also, the first east-west
alley north of Navarre Street from St. Joseph Street
west approximately 165 feet to the first north-south
alley west of St. Joseph Street. Also, the first
east-west alley north of Navarre Street from Michigan
Street east approximately 165 feet to the first north-
south alley west of St. Joseph Street.
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;P 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 1 through 13 of Dinan's Subdivision of Lots
36 to .41 of Rockstroh's Second Addition. Also
Lots 4- 11c1 5 of Rockstr,h's Second Addition.
SECTION IV. The purpose of the vacation of the real property is to:
Consolidate several parking lots into a unified
parking area with access only from the north-south alley.
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.
NOV 9 1987
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL DATE November 4, 1987
•
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/simil■om Ll.) ALLEY ( / /north/-(emm*Ammit/north/Amomi0 of
Navarre STREET, RUNNING (wwt/west/arniik/wlhk) FROM
St. Joseph STREET, FOR A DISTANCE OF APPROXIMATELY 170 FEET
TO:
the first north-south alley West of St. Joseph Street.
ALL IN Rockstroh's ( ' ) Addition
B. THE STREET DESCRIBED AS:
Dinan Court SAM OS, FROM Michigan . STREET,
RUNNING (east/ri-rt/m.. h/s+suk) TO St. JOseph STREET, FOR A
DISTANCE OF APPROXIMATELY 354 FEET, excepting the intersecting 14'
North-south alley.
NAME (printed and signed) ADDRESS LOT #
Memorial Health Properties, Inc. 425 N. Michigan Street
South Bend. IN. 46691
Lincoln Nato ' LIfe Insurance Co. 1300 S. Clinton Street
00 /
r,_ ,� Fort Wayne, IN. 46801
R.. J. "- Lanus- Second Vice President
CONTACT PERSON:
IRENE GAMMON
CITY CLERK Name • David B. Behr
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CITY of SOUTH BEND
° X . ROGER O. PARENT, Mayor
:� 2 lI COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601
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BOARD OF PUBLIC WORKS 219/204-9412
John E. Leszczynski December 9, 1987
Patricia E. DeClercq
Michael L. Vance
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: - DINAN CT. RUNNING W. FROM ST. JOSEPH ST. APPROX. 165 FT.
TO 1ST N/S ALLEY W. OF ST. JOSEPH ST. ;
- 1ST E/W ALLEY N. OF NAVARRE ST. FROM ST. JOSEPH ST. W.
APPROX. 165 FT. TO 1ST N/S ALLEY W. OF ST. JOSEPH &
- 1ST E/W ALLEY N. OF NAVARRE ST. FROM MICHIGAN ST. EAST
APPROX. 165 FT. TO THE 1ST N/S ALLEY W. OF ST. JOSEPH
ST.
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 Mr. David B. Behr, Holladay
Corporation, 100 East Wayne Street, South Bend, Indiana, as
Contact Person for the Petitioners, Memorial Health Properties,
Inc. , 425 North Michigan Street, South Bend, Indiana and Lincoln
National Life Insurance Company, 1300 South Clinton Street, Fort
Wayne, Indiana, to vacate the following rights-of-way:
Dinan Court running west from St. Joseph Street
approximately 165 feet to the first north/south
alley west of St. Joseph Street. Also, the first
east/west alley north of Navarre Street from St.
Joseph Street west approximately 165 feet to the
first north/south alley west of St. Joseph Street.
Also, the first east/west alley north of Navarre
Street from Michigan Street east approximately 165
feet to the first north/south alley west of St.
Joseph Street.
As I advised you previously, the Board of Public Works conducted a
Public Hearing on December 1, 1987, concerning the vacation of the
above referred to rights-of-way. At that time, it was determined
that the Board would not make a recommendation on this matter
until its December 8, 1987, meeting.
MEMBERS OF THE COMMON COUNCIL
December 9, 1987
Page -2-
At its meeting held on December 8, 1987 , the Board received a
favorable recommendation from the Department of Economic
Development regarding this vacation.
The recommendation of the Department of Economic Development
indicated that the proposed vacation of Dinan Court and the
related alley vacation are not in a Redevelopment area. However,
the proposed vacations are located adjacent to a neighborhood in
which the Department of Economic Development will be undertaking
some preliminary planning efforts. The recommendation further
indicated that at a neighborhood meeting held on December 3 , 1987,
involving representatives from the neighborhood, City, developer
and hospital, the proposed alley vacation and vacation of Dinan
Court were discussed. A general consensus was reached which
included the following:
- The developer would offer a reasonable option on vacant
property on St. Joseph Street in order to allow for an
in-fill housing effort (a house move or new construction)
by a NFP with the requisite financial and technical
capacity;
- All parties favor and would assist in the petition process
for a residential parking zone for the general
neighborhood area;
- The area between the proposed surface parking (for the
office building) and the west side of St. Joseph Street
would remain as B-zoning as opposed to a rezoning to C;
and,
- All ingress/egress for the office building would be off
of Navarre Street. No ingress/egress for the proposed
surface parking would be off St. Joseph Street.
Additionally, Mr. David Behr, Holladay Corporation, 100 E. Wayne
Street, South Bend, Indiana, was present and advised the Board
that the parking lot proposed by the developer would be fenced-
in. Outside of the fenced-in lot, the street will remain the same
and could be used as a driveway. Dinan Court would become a
deadend street.
MEMBERS OF THE COMMON COUNCIL
December 9, 1987
Page -3-
As statements made by Mr. Behr and comments contained in the
recommendation of the Department of Economic Development, satisfy
the concerns of the Board, the Board favorably recommends the
vacation of the above referred to rights-of-way subject to the
items outlined in the Department of Redevelopment' s recommendation
being implemented, subject to the street being available for
access by abutting property owners as stated by Mr. Behr and
subject to any and all utility easements.
A copy of the excerpts of the minutes of the December 8, 1987 ,
meeting of the Board of Public Works at which this matter was
discussed, is attached for your information.
Sincerely,
BOARD OF PUBLIC WORKS
. � ,
Clerk
'Sandra M. Parmerlee,
smp
Enc.
�, � � '���. OFFICE OF THE CITY CLERK
® LI � �„3�q trl�.
445 COUNTY-CITY BUILDING SOUTH BEND,INDIANA 46601
1410•,s .y ,,
e Via,/
Irene K. Gammon, C.M.0 Phone 219 284-9221
City Clerk
Chief Deputy Clerk
Jo Ann Harper
December 1, 1987
NOTICE
You are hereby notified that a public hearing will be
held at 4:00 p.m. , on the 7th day of December, 1987,
in the Council Chambers, 4th floor County-City
Building, South Bend, Indiana, for the purpose of
hearing all interested persons concerning the vacation
of:
DINAN COURT, RUNNING WEST FROM ST. JOSEPH STREET
APPROXIMATELY 165 FEET TO THE FIRST NORTH-SOUTH
ALLEY WEST OF ST. JOSEPH STREET. ALSO, THE FIRST
EAST-WEST ALLEY NORTH OF NAVARRE STREET FROM ST.
JOSEPH STREET WEST APPROXIMATELY 165 FEET TO THE
FIRST NORTH-SOUTH ALLEY WEST OF ST. JOSEPH
STREET. ALSO, THE FIRST EAST-WEST ALLEY NORTH OF
NAVARRE STREET FROM MICHIGAN STREET EAST
APPROXIMATELY 165 FEET TO THE FIRST NORTH-SOUTH
ALLEY WEST OF ST. JOSEPH STREET.
Irene K. Gammon
City Clerk
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CITY of SOUTH BEND
®f c' ,�` i 4 „,, '}'��, ROGER O. PARENT, Mayor
\• � �,! COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601
k%V,\ ,• ':-, - y.,/,'
December 1, 1987
BOARD OF PUBLIC WORKS 219/204-9412
John E. Leszczynski
Patricia E. DeClercq
Michael L. Vance
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: - DINAN CT. RUNNING W. FROM ST. JOSEPH ST. APPROX. 165 FT.
TO 1ST N/S ALLEY W. OF ST. JOSEPH ST. ;
- 1ST E/W ALLEY N. OF NAVARRE ST. FROM ST. JOSEPH ST. W.
APPROX. 165 FT. TO 1ST N/S ALLEY W. OF ST. JOSEPH &
- 1ST E/W ALLEY N. OF NAVARRE ST. FROM MICHIGAN ST. EAST
APPROX. 165 FT. TO THE 1ST N/S ALLEY W. OF ST. JOSEPH
ST.
Dear Members of the Council:
This is to advise you that on December 1, 1987, the Board of
Public Works conducted a Public Hearing regarding the vacation
of the rights-of-way as referenced above.
Based on concerns raised by the Department of Economic
Development and their recommendation that the Board withhold
submitting a recommendation to the Common Council at this time,
the Board continued the Public Hearing on this matter until
December 8, 1987. It is the Board' s understanding that another
meeting between the hospital, the developer and the
neighborhood residents was to be held to discuss this matter.
If you have any questions regarding this matter, please do not
hesitate to contact this office.
Sincerely,
BOARD OF PUBLIC WORKS iA
Sandra M. Parmerlee, Clerk
REGULAR MEETING DECEMBER 1, 1987
Attorney Kenneth Fedder, 205 West Jefferson Boulevard, South
Bend, Indiana, advised that the South Bend Economic Development
Commission c/o of the Prairie Company, 1100 Prairie Avenue, South
Bend, Indiana, was notified of this vacation and inquired who the
Petitioner is in this proposed vacation. Mr. Don Golichowski,
31617 Evergreen Street, Dowagiac, Michigan, representing Sheet
Metal Workers Joint Training Trust Fund as Petitioner, was
present and advised Mr. Fedder that he is the Petitioner. Mr..
Fedder advised that he does not believe the Commission would have
any objections to this vacation.
Mr. Don Golichowski addressed the Board and advised that the
Sheet Metal Workers Joint Training Trust Fund has bought the
building at 1015 Prairie Avenue that will be used as a training
facility which will be used in the evenings. The vacation of
Garst Street is requested to allow off - street parking to
individuals attending the facility. He stated that they have no
objections to easements and rights -of -way to affected property
owners. He further advised that the building stands idle during
the daytime hours.
Mr. Leszczynski informed those present that Garst Street, which
goes back one (1) block, currently consists of gravel and has
never been used as a street. Mr. Leszczynski further advised
that the various City departments and the Area Plan Commission
that have reviewed this request recommend-favorable action on the
Petition.
There being no one else present wishing to speak either for or
against the proposed vacation, and no written objections having
been filed with the Board, upon a motion made by Mr. Leszczynski,
seconded by Mrs. DeClercq and carried, the Public Hearing on this
matter was closed.
As a point of clarification, Mr. Vance was advised that the
easement referred to earlier by Attorney Kehl would provide
access across the parking lot during the daytime. Mr.
Leszczynski stated that the matter of providing access and
easements is something that will need to be worked out with the
Petitioner and the property owners affected by this vacation
should the vacation be approved.
Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr.
Leszczynski and carried, the Clerk was instructed to forward to
the Common Council a favorable recommendation on the above
referred to street vacation subject to any and all utility
easements.
ONE WEEK CONTINUATION OF PUBLIC HEARING - VACATION OF STREET AND
ALLEYS:
- DINAN CT. RUNNING W. FROM ST. JOSEPH ST. APPROX. 165 FT. TO 1ST
165 FT.
- 1ST E/�
165 FT.
W. OF S
LEY N.
N
OF
S
OF
Mr. Leszczynski advise
Board's Public Hearing
street and alleys:
JOSEPH ST.;
NAVARRE ST. FROM ST. JOSEPH ST. W. APPROX.
.LLEY W. OF ST. JOSEPH &
NAVARRE ST. FROM MICHIGAN ST. EAST APPROX.
IS ALLEY W. OF ST. JOSEPH ST.
d that this was the date set for the
on a proposed vacation of the following
)7
REGULAR MEETING
DECEMBER 1, 1987
It was noted that this Public Hearing is being held in order for
the Board to submit a recommendation to the Common Council
concerning the Vacation Petition filed by Mr. David B. Behr,
Holladay Corporation, 100 E. Wayne Street, South Bend, Indiana,
as contact person for the Petitioners, Mr. Theodore J. Foti,
Senior Vice - President, Memorial Health Properties, Inc., 425
North Michigan Street, South Bend, Indiana and Lincoln National
Life Insurance Company, 1300 South Clinton Street, Fort Wayne,
Indiana.
It was further noted that pursuant to South Bend Municipal Code
Section 18 -53.8, owners whose property abut the proposed street
and alleys to be vacated were notified of the Board's Public
Hearing date.
Ms. Marilyn Shock, 213 East Navarre Street, South Bend, Indiana,
advised that she has acquired from Mary Bunyan the property at
615 North St. Joseph Street and 122 Dinan Court. Ms. Shock
submitted to the Board photographs of the property she owns as
well as the abstract for the property. She advised that the
house contains two (2) apartments. She further advised that she
opposes the vacation as indicated above as access to the house
will be cut-off.
Mr. David Behr, Holladay Corporation, 100 East Wayne Street,
South Bend, Indiana, was present on behalf of the Petitioners and
advised the Board that The Holladay Corporation has an option to
purchase property on the block owned by Memorial Health
Properties, Inc. and Lincoln National Life Insurance Company. He
stated that the reason for the vacation of the three (3)
rights -of -way is to consolidate existing parking lots currently
behind the Travelodge located at 614 North Michigan Street. He
stated that plans indicate that the building will be removed and
a four (4) story medical office building will be constructed that
would connect with Memorial Hospital by way of a skywalk. He
stated that Northern Indiana Public Service Company has a line in
the east /west alley off of Michigan Street which will be
relocated as that alley will be covered by the new building. The
vacation of the two (2) alleys indicated in the Petition would
provide for consolidation of parking lots. He further stated
that access from the parking to St. Joseph Street would not be
allowable.
Mr. Behr stated that in regards to the property acquired by Ms.
Shock, the house is located on the corner and faces St. Joseph
Street. Should the alley be vacated, one -half (1/2) of the alley
will go to the adjacent property owner and could be used for
access. The vacation as proposed will not landlock any property
owner.
In response to a question from Mr. Leszczynski, Mr. Behr stated
that The Holladay Corporation has options to purchase Lot Nos. 6,
7, 8, 10, 11, 12, and 13.
Mr. John Phair, The Holladay Corporation, 100 East Wayne Street,
South Bend, Indiana, addressed the Board and advised that they
have been meeting with neighborhood groups and it was the
neighborhood groups that advised that it was important to them
that the vacations of these rights -of -way take place in order to
control traffic on the residential street.
REGULAR MEETING
of the hospital and REAL Services
street and indicated that even if
employees will continue to park in
DECEMBER 1, 1987
can be seen parked along the
the street is closed the
the neighborhood.
In response to a question by the media regarding the recommenda-
tion from the Department of Economic Development to postpone
submitting a recommendation to the Common Council at this time,
Mr. Leszczynski read the Memorandum received from the Department
of Economic Development. The recommendation for postponement
indicated that the property to be vacated is not located within a
Redevelopment Area and there is no foreseeable plan which would
include Redevelopment's use of this property. However, the
proposed alley vacation is part of Memorial Hospital's expansion
plans east of Michigan Street. The Department of Economic
Development recognizes the need for Memorial's expansion, but
wants to insure that any growth by Memorial Hospital in this
direction does not endanger the adjacent residential
neighborhood. Therefore, it is important that both the hospital
expansion plans and neighborhood revitalization effort fit
together. Until the Department of Economic Development is sure
that the proper fit is there, they withhold their recommendation
and ask that the Board delay action on this request. It is the
understanding of the Department of Redevelopment that another
meeting between the hospital, the developer and the neighborhood
will be held shortly.
Mr. Behr advised that the property in the west one -half (1/2)
block is zoned "C" commercial with the remainder of the east side
of the north /south alley zoned "B" residential. In response to
Board Attorney Thomas Bodnar's question of whether they plan to
rezone, Mr. Behr advised that they have petitioned to rezone the
lots behind the Travelodge from "B" to "C
Mr. Phair stated that this was another recommendation that came
out of the meetings with the neighborhood groups. The rezoning
would allow for the future building of a parking garage on that
site which would alleviate employees parking on the street.
Ms. Shock stated that she wanted to clarify for the Board that
when Mr. Phair talks of meetings held with neighborhood groups,
The Holladay Corporation talked with officials of the groups and
not the property owners. Mr. Phair stated that they have met
with leaders from four (4) neighborhood groups.
Mr. Carl Ellison, Memorial Hospital, 615 North Michigan Street,
South Bend, Indiana, advised that the hospital would support a
Petition for a Restricted Residential Parking Zone in the area to
assure that hospital employees are not parking in the
neighborhoods. Mr. Leszczynski reminded Mr. Ellison that certain
ordinance requirements must be met before an area can be
designated as a Restricted Residential Parking Zone and if
residents request such a zone and requirements are met, the zone
would be approved.
Mr. Leszczynski reminded Ms. Shock that should the proposed
vacation be approved, she would acquire one -half (1/2) of the y
right -of -way which would be vacated which would provide access 1
for her. Ms. Shock inquired what her address would be if Dinan
Court is closed. Mr. Leszczynski advised that the ,address most "
likely would be changed to a St. Joseph Street address.
a__
REGULAR MEETING
DECEMBER 1, 1987
Mr. Vance stated that based on the recommendation received by the
Department of Economic Development he would make a motion that
the Board delay any vote on this matter and that the Public
Hearing be continued until the next regular meeting of the Board
to be held on December 8, 1987. Mrs. DeClercq seconded the
motion and it carried.
PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATION: 1ST
N/S ALLEY W. OF KESSLER BLVD. RUNNING SO. FROM MC CARTNEY ST. FOR
A DISTANCE OF APPROX. 128 FT. TO THE 1ST INTERSECTING ALLEY
Mr. Leszczynski advised that this was the date set for the
Board's Public Hearing on a proposed alley vacation described as
follows:
The first north /south alley west of Kessler Boulevard
running south from McCartney Street for a distance of
approximately 128 feet to the first intersecting alley,
lying between Lots 64 and 65 of the Northwest 2nd Addition
to the City of South Bend, Indiana.
It was noted that this Public Hearing is being held in order for
the Board to submit a recommendation to the Common Council
concerning the Vacation Petition filed by Attorney Kenneth P.
Fedder, Suite 300, First Bank Building, South Bend, Indiana,
Contact Person, on behalf of the Petitioners, Warren Reynolds,
Margaret Reynolds and David M. Golob, 1222 McCartney, South Bend,
Indiana.
It was further noted that pursuant to South Bend Municipal Code
Section 18 -53.8, owners whose property abut the proposed alley to
be vacated were notified of the Board's Public Hearing date.
i
i Attorney Kenneth P. Fedder, Suite 300, First Bank Building, South
Bend, Indiana, was present on behalf of the Petitioners and
advised that the proposed alley to be vacated is not maintained
nor used for trash pick -up. He stated that there is an alley
which runs east /west which is open. Mr. Fedder stated that Mr.
Golob, who was also present, is requesting that the alley be
vacated and he will maintain it and pay taxes on the property he
acquires.
There being no one else present wishing to speak either for or
against the proposed alley vacation, and no written objections
having been filed with the Board, upon a motion made by Mr.
Leszczynski, seconded by Mrs.-DeClercq and carried, the Public
Hearing on this matter was closed.
It was noted that favorable comments have been received from the
Engineering Department, Area Plan Commission and the Community
Development Department concerning this proposed alley vacation.
Therefore, upon a motion made by Mr. Vance, seconded by Mrs.
DeClercq and carried, the Clerk was instructed to forward to the
Common Council a favorable recommendation on the above referred
to alley vacation subject to any and all utility easements.
APPROVE _CHANGE ORDER NO. 1 - MICHIGAN STREET IMPROVEMENTS, PHASE
II PROJECT
Mr. Leszczynski advised that Carl J. Reinke & Sons, P.O. Box
3095, South Bend, Indiana, has submitted Change Order No. 1
e� e�
a
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Qtnmmt#tr ,rpnr# -
c"It u Qlummun QIounril of t1 (My of'out11 fiend:
Your Committee
of the Whole
to whom was referred
BILL NO.
115-87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: DINAN
COURT, RUNNING WEST FROM ST. JOSEPH STREET APPROXIMATELY 165
FEET TO THE FIRST NORTH-SOUTH ALLEY WEST OF ST. JOSEPH
STREET. ALSO, THE FIRST EAST-WEST ALLEY NORTH OF NAVARRE
STREET FROM ST. JOSEPH STREET WEST APPROXIMATELY 165 FEET TO
THE FIRST NORTH-SOUTH ALLEY WEST OF ST. JOSEPH STREET.
ALSO, THE FIRST EAST-WEST PULLEY NORTH OF NAVARRE STREET FROM
MICHIGAN STREET EAST APPROXIMATELY 165 FEET TO THE FIRST
NORTH-SOUTH ALLEY WEST OF ST. JOSEPH STREET.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable, as amended
by substitution of a new bill
Chairman
ress resss meipp ruse swiwa co. Ann B. Pu z z e l to
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
Dinan Court, running west from St. Joseph Street
approximately 165 feet to the first north-south alley
west of St. Joseph Street. Also, the first east-west
alley north of Navarre Street from St. Joseph Street
west approximately 165 feet to the first north-south
alley west of St. Joseph Street. Also, the first
east-west alley north of Navarre Street from Michigan
Street east approximately 165 feet to the first north-
south alley west of St. Joseph Street.
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:
Dinan Court, running west from St. Joseph Street
approximately 165 feet to the first north-south alley
west of St. Joseph Street. Also, the first east-west
alley north of Navarre Street from St. Joseph Street
west approximately 165 feet to the first north-south
alley west of St. Joseph Street. Also, the first
east-west alley north of Navarre Street from Michigan
Street east approximately 165 feet to the first north-
south alley west of St. Joseph Street.
hereby determines that it is desire' to vacate said property.
SECTION II. The City of S 9.reby reserves the rights and
easements of all utilities an' City of South Bend, Indiana
to construct and maintain e' 'lding, but not limited to,
the following: electric, ' sewer, surface water
control structures and di, right-of-way, unless
such rights are released b�
SECTION III. The followin, ;ijuriously or
beneficially affected by such vat
115, 117, 119 East Navarre Stree\
607, 609, 615 North St. Joseph StrL .
610, 620 North Michigan Street
SECTION IV. The purpose of the vacation of the real property is to:
Consolidate several parking lots into a unified
parking area with access only from the north-south alley.
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.
•
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL DATE November 4, 1987
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
Navarre STREET, RUNNING (wont/west/r-- /wok) FROM
St. Joseph STREET, FOR A DISTANCE OF APPROXIMATELY 1 70 FEET
TO:
the first north-south alley west of St. Joseph Street.
ALL IN Rockstroh's ( ' ) Addition
B. THE STREET DESCRIBED AS:
Dinan Court MOM, FROM Michigan STREET,
RUNNING (east/mot/nth/arm) TO St. JOseph STREET, FOR A
DISTANCE OF APPROXIMATELY 354 FEET, excepting the intersecting 14'
North-south alley.
NAME (printed and signed) ADDRESS LOT #
Mem rial Health Pr perties, Inc. 425 N. Michigan Street
hitt4 South Bend. IN. 46601
Theodore J. oti
Senior Vic President
Lincoln National Llfe Insurance Co. 1300 S. Clinton StrPPt
Fort Wayne, IN. 46801
CONTACT PERSON:
IRENE GAMMON
CITY CLERK Name David B. Behr