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HomeMy WebLinkAboutVacate - First North South Alley West of Greenlawn Between Hiildreth and US Army Reserve Center ORDINANCE No. 7604-86 Passed by the Common Council of the City of South Bend, Indiana February 24, 19 86 Attest: �"` "" City Clerk IRENE K. GAMMON Attest: /-�'�-' � �—-� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 25, ig 86 44 ' ✓`e ' �-�`°,`� City Clerk IRENE K. GAMMON Approved and signed by me 3 Ig e-C Mayor ti y ORDINANCE NO. -16,04 - 270 AN ORDINANCE TO VACATE THE FIRST NORTH-SOUTH ALLEY WEST OF GREENLAWN BETWEEN HILDRETH AND THE U.S. ARMY RESERVE CENTER AND THE EAST-WEST LEG OF THE SUBJECT ALLEY BOUNDED ON THE NORTH BY LOT 116 OF BELLEVUE ADDITION (IUSB PROPERTY) AND THE SOUTH BY THE U.S. ARMY RESERVE CENTER. STATEMENT OF PURPOSE AND INTENT The vacation of the above described alley is for the purpose of constructing a new five-story library complex for IUSB, which will serve as the south terminus of a proposed landscaped quadrangle. 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 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: CITY ALLEY, THE NORTH-SOUTH LEG (127 ' X 14 ' ) OF WHICH IS BOUNDED ON THE NORTH BY THE SOUTH R.O.W. LINE OF HILDRETH STREET, ON THE EAST BY LOTS 22, 23 AND 24, INCLUSIVE, OF MIKESELL'S ADDITION (IUSB PROPERTY) , ON THE SOUTH BY THE U.S. ARMY RESERVE CENTER (CITY PROPERTY) AND ON THE WEST BY LOT 116 OF THE BELLEVUE ADDITION (IUSB PROPERTY) . THE EAST-WEST LEG (37.5 ' X 14 ' ) OF WHICH IS BOUNDED ON THE NORTH BY LOT 116 OF THE BELLEVUE ADDITION (IUSB PROPERTY) , ON THE EAST BY THE NORTH-SOUTH LEG OF THE ALLEY, ON THE SOUTH BY THE U.S. ARMY RESERVE CENTER (CITY PROPERTY) AND ON THE WEST BY AN EXTENSION OF THE WEST LOT LINE OF LOT 116 OF THE BELLEVUE ADDITION. 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: IUSB property to the immediate east and west of the alley will be beneficially affect through the construction of the new library facility. To prevent injury by loss of access onto Hildreth Street for Lots 116-126, inclusive, of the Bellevue Addition a new alley will be constructed and dedicated to the west of the existing alley. SECTION IV. The purpose of the vacation of the real property is to: Construct a new five-story library complex for IUSB, which will serve as the focal point at the south terminus of the proposed landscaped quadrangle. . • VACATION PETITION DATE January 20, 1986 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The (east-west/'North-south ) (a ,r street ) in the block bounded by _ i See Attached Description in Addition. NAME ADDRESS te44, . 1 — - = -- I1/tS .. -�v sip Pa R • torte r��� CONTACT PERSON: LEGAL DESCRIPTION Alley The north-south leg (127' x 14' ) is bounded on the north by the south R.O.W. line of Hildreth Street, on the east by Lots 22, 23 and 24, inclusive, of Mikesell 's Addition (IUSB property) , on the south by the U.S. Army Reserve Center (City property) and on the west by Lot 116 of the Bellevue Addition (IUSB property) . The east-west leg (37.5' x 14' ) is bounded on the north by Lot 116 of the Bellevue Addition (IUSB property) , on the east by the north-south leg of the alley, on the south by the U.S. Army Reserve Center (City property) and on the west by an extension of the west lot line of Lot 116 of the Bellevue Addition. ABUTTING OWNERSHIP IUSB - 87.7% City (Army Reserve Property) 15.3% . . _ ._ MISHAWAKA AVE. - () - .-) .... ■--...... .11.■•■--••■•■•uol .....-....„45.--- .- .- - '. - ' •■■•,,... ...-... ..-- -... I .71. 4..5 11, I LI 4' 4■ : :, P• ' V 1,1j(16 . -- • > , ii:,_ :•-•,4 ill H,,,,, ."). 1 V 1 ... ' a I • I '' •I I ; : I . 1,i 1 1 I ,.. .fy, . 4 I 14 I25 3'5 : 1----- I 11' 2 6- ' • c 0 ;so ci z 1 '5 27 r.i s I ' 2 4:1 z6 ' '1 2.4.p TO c/rY7 ; 8 V , I . RUSKIN o ST. , I' 1 1'7 •50 .ZI: •' • I , r• i 9 4 I •,1 , 0 4 w',:" . ■9 .. .'4. 4-1 , _?. _ ... 10 1 ,- , 1 .cr , 1 6 I ma J...-I- .1- 1 • •fl I I 9 • I .. 02 , 1 ' 1 I , 32 0 ILI IUSB CAMPUS 1 _. 7 I Fiji 'NM I ,I Z II 4/4 ' J 1 • 8 LI 11110111 1 , • 1— • I `:7) 10 1 —..1/ ' I 1:'l_ • HARRIET2 i , .E.A.c.L., I____ ___ _...._ _.,, : • ,.,, I • •. _ _ _...... ....._.•, -: ,c.. , I s 11 e :.; ..: ,03 :.:1 . qi 1 - -.., .,.., ,. 1 . r-1 11-*I.vc, c; Q - - - - --- o /q :,-‘--.4.... III '.4, . _<,.,,„ .; - - II—-• 2/ , I _ .... • -- - ..■ Lii i - ! i 1 •'-:'3 s ' i.,, ................ ... <\ tr. Z • . 1 ,. Ar... .. •,••4.,.5 ---■Z. - -: .._ -- ..".Z. I,— 1 rt', "•4 -- .. :z.; ^ 11-1 N 1 -.. UJ -4 , 6 . . ••• .......■ CA. rr S\ .._ _.----.......... . I _------■••_---- "....-....:•!....- • '436. i'''''' I''..•'' ':5 -•-•-'''..."'-. ° •••' 0,......" '""••......77.______,---- • . 4 • • s -••••••-•--. -•-• • _._ ... . '- .. . . . ,•-" . __. _,._ ..-....,_- .--- .-. - • . - ,• ''- - - ...__ .,_ . •---..-....,,,.... ""---------.. . --- • •-•-•A - . _ _ • ... ..., INDIANA UNIVERSITY at SOUTH BEND ALLEY .VACATION .... . ....,..::: . . .. • . • ••• . . . ... Alley To Be Vacated tiummittrt at putt On tie Tim= Ql0mrtl of the Qlitg of*oath Fend: Your Committee of the Whole to whom was referred BILL NO. 132-85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY WEST OF LAUREL STREET RUNNING SOUTH FROM NAPIER STREET TO THE FIRST INTERSECTING EAST-WEST ALLEY FOR A DISTANCE OF 175.56 FEET LYING BETWEEN LOT 10 OF WILLETT'S SUB OF B.O.L. 89 AND LOT 6 OF DEARDOFF'S SUB OF B.O.L. 90 ALL BEING IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 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. Ann B. Puzzelllhairman PREE PRESS PUBLISHING Co. r , CITY of SOUTH IIEN SOVTR ;04 r lltit6�,�;yL.tt+d++� ROGER O. PARENT, Mayor 0 E+• \PEACE � 7i COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 %, '1865 BOARD OF PUBLIC WORKS February 18 , 1986 219/284-9412 John E. Leszczynski,President Katherine G. Barnard Michael L.Vance Members of the Common Council Council Chambers County-City Building South Bend, Indiana RE: ALLEY VACATION - 1ST N/S ALLEY W. OF LAUREL ST. RUNNING SO. FROM NAPIER ST. TO THE 1ST E/W ALLEY SO. OF NAPIER 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. Carter Buchanan, 121 North Wellington Street , South Bend, Indiana to vacate the first north/south alley west of Laurel Street running South from Napier Street to the first intersecting east/west alley for a distance of 175 .56 feet lying between Lot 10 of Willett ' s Sub of B.O.L. 89 and Lot 6 of Deardoffs ' Sub of B.O.L. 90 all being in the City of South Bend, St . Joseph County, Indiana. For your information, a Public Hearing concerning this proposed vacation was held by the Board of Public Works on February 18 , 1986 . It should be noted that Mr. Buchanan is the owner of both lots which abut the alley to be vacated. Mr. Carter Buchanan, Petitioner, was present and stated that he desires to acquire this additional property in order to keep it clean of debris . There was no one else present wishing to speak either for or against the Petition and no written objections were filed with the Board. A copy of the excerpts of the minutes of the Public Hearing is attached for your information. It was noted that the vacation of the above referred to alley would create a T-intersection. Therefore, prior to final vacation, additional right-of-way from Lots 6 & 10 must be dedicated to the City to assure safe turning movements for vehicles . The Board of Public Works , therefore, favorably recommends vacation of the above referred to alley subject to the Members of the Common Council February 18, 1986 Page -2- dedication of additional right-of-way off Lots 6 and 10 , and subject to any and all utility easements . Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk smp Enc . EXCERPTS OF MINUTES OF BOARD OF PUBLIC WORKS MEETING FEBRUARY 18, 1986 PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATION: 1ST N/S ALLEY W. OF LAUREL ST. RUNNING SO. FROM NAPIER ST. TO THE 1ST INTERSECTING E/W ALLEY Mr. Leszczynski advised that this was the date set for the Board ' s Public Hearing on a proposed alley vacation described as the first north/south alley west of Laurel Street running south from Napier Street to the first intersecting east/west alley for a distance of 175 .56 feet lying between Lot 10 of Willett ' s Sub of B.O.L. 89 and Lot 6 of Deardoffs ' Sub of B.O.L. 90 all being in the City of South Bend, St . Joseph County, 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 Mr. Carter Buchanan, 121 North Wellington Street, South Bend, Indiana. It was further noted that Mr. Buchanan is the only property owner abutting the proposed alley to be vacated. Mr. Carter Buchanan, Petitioner, was present and indicated that he had no comments at this time. 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 Ms . Barnard and carried, the Public Hearing on this matter was closed. Ms . Barnard inquired of Mr. Buchanan what he was going to use the property for which he would acquire through this alley vacation. He stated that his intent was to be able to keep the property clean of debris . Ms . Barnard stated that when she visited the site of the proposed alley to be vacated she noticed that some people have already begun to block the alley. Mr. Leszczynski advised that with the closing of this alley a T-intersection would be created. Typically, in this type of situation, the Petitioner is asked to dedicate additional right-of-way to the City to assure safe turning movements for vehicles . Mr. Leszczynski informed Mr. Buchanan that strips of right-of-way off Lots 6 and 10 would be required. Mr. Buchanan indicated that he understood this request and had no problems in complying. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms . Barnard and carried, the Clerk was instructed to forward to the Common Council a favorable recommendation on the above referred to alley vacation subject to the dedication of additional right-of-way from Lots No. 6 and 10 and subject to any and all utility easements .