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Home My WebLink AboutVacate - 1st EastWest alley North of LaSalle Street running East from Main StORDINANCE No. 7475 -85 Passed by the Common Council of the City of South Bend, Indiana June 24 19 85 e �z Attest: / City Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, June 25, Approved and signed by Is EN of Common Council City Clerk IRENE K. GAMMON ORDINANCE NO. U5 4'' AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The 1st east -west alley north of LaSalle Street running east from Main Street to the north -south alley for a distance of 165 (one- hundred sixty five) feet, lying between Lots 173 and 174 of the original plat of 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 1st east -west alley north of LaSalle Street running east from Main Street to the north -south alley for a distance of 165 (one- hundred sixty five) feet, lying between Lots 173 and 174 of the original plat of the City of South Bend, St. Joseph County, Indiana 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 bene- ficially affected by such vacating: The alley will be beneficially affecting the property located at 121 W. LaSalle Street, doing business as a Burger King Restaurant. There are no injurious consequences known to any adjacent property. SECTION IV. The purpose of the vacation of the real property is to: Increase parking spaces and improve drive -thru car stacking for the Burger King Restaurant and, consequently, this will allow an elimination of traffic backing onto LaSalle Street. 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. ember of the rm n Council PETITION TO VACATE The 1st east=west alley north of LaSalle Street running east from Main Street to the north-south alley for a distance of 165 (one-hundred sixty five ) feet, lying between Lots 173 and 174 of the original plat of the City of South Bend, St.. Joseph County, Indiana F. �74 - -- - -------- _j i. KIADI SON -- - -------- y. 00 ri Ail 4 f T_ V z IAN' 22), . L LA SALLE C I T Y 1H AL L 07 4' COLFAX 9 `Ile L/ 0 s< L \ _j y. 00 ri Ail 4 f T_ V z IAN' 22), . L LA SALLE C I T Y 1H AL L 07 4' COLFAX 9 `Ile L/ 0 s< L \ VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The 1st east -west alley "north of LaSalle Street running east from Main Street to the north -south alley for a distance of 165 (one- hundred sixty five) feet, lying between Lots 173 and 174 of the original plat of the City of South Bend, St. Joseph County, Indiana NAME ADDRESS DAVE GORDAN Burger King Corporation BK Limited Partnership II P.O.Box 520783 Mail Station: Miami, FL 33152 JOHN M. & MARY JO HAZLITT P.O. Box 209 South Bend, IN 46624 IRENE GAMMON CITY CLERK -- -- .11 TomudWr Intort coo tot Tom= Toundl of t4f (litil of oou44 Btmd: Your Committee of the Whole to whom was referred RTT.T. Till 54 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST EAST —WEST ALLEY NORTH OF LASALLE STREET RUNNING EAST FROM MAIN STREET TO THE NORTH -SOUTH ALLEY FOR A DISTANCE OF 165 (ONE- HUNDRED SIXTY FIVE) FEET, LYING BETWEEN LOTS 173 AND 174 OF THE ORIGINAL PLAT OF 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 Chairman Joseph T. Serge FREE PRESS 04.993rW PUBLISHING CO. BURGER SERVICES, INC. June 3, 1985 The Board of Public Works County -City Building South Bend, IN 46601 To The Honorable Members Of The Board Of Public Works Of The City Of South Bend: Dear Memebers: As you may know, I have filed a petition to vacate an alley which legal description is as follows: The 1st east -west alley north of LaSalle Street running east from Main Street to the north -south alley for a distance of 165 (one- hundred sixty five) feet, lying between Lots 173 and 174 of the original plat of the City of South Bend, St. Joseph County, Indiana For your understanding, this alley vacation is necessary as my organization, which owns and operates the Burger King Restaurant located at 121 W. LaSalle Street, South Bend, Indiana, is in the process of purchasing property owned by Mr. and Mrs. John Hazlitt, which lies immediately north of the subject alley. With the vacation of the alley and purchase of the property from Mr. and Mrs. Hazlitt, I will be increasing the number of parking spaces for the Burger King operation as well as improving the stacking of cars for our drive -thru. You should be advised that the specific result of this upgrading will allow virtually a total elimination of any traffic which from time to time backs up on LaSalle Street during our peak business hours. We will increase our parking on the entire Burger King operation by 42 parking spaces which will obviously increase my operation's internal traffic flow and relieve other parking pressures. I respectfully request your affirmative support in my petition for the alley vacation. I and members of my organization will make themselves available to discuss this matter with you further if you so desire. DBF /jc Sincerely, BURGER SERVICES, INC. Daniel B. Fit trick President 120 W. LaSalle St. Suite 202 • South Bend, Indiana 46601 • 219- 234 -3164 Operating Burger King° Restaurants in Indiana and Michigan BOARD OF PUBLIC WORKS John E. Leszczynski, President Katherine G. Barnard Michael L. Vance CITY of SOUTH BEND ROGER O PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 June 21, 1985 Members of the Common Council Council Chambers County -City Building South Bend, Indiana RE: ALLEY VACATION - 1ST E/W ALLEY NORTH OF LA SALLE STREET BETWEEN MAIN STREET AND THE 1ST N/S ALLEY EAST OF MAIN STREET Dear Members of the Council: 219/284 -9412 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 Burger King Corporation, BK Limited Partnership II, to vacate the first east /west alley north of LaSalle Street running east from Main Street to the north -south alley for a distance of 165 (one hundred sixty -five) feet, lying between Lots 173 and 174 of the original plat of 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 June 17, 1985. As required by ordinance, owners whose property abut the proposed alley to be vacated were notified of the Board's Public Hearing date. Mr. Bill Pagel representing the Petitioner, was present and spoke in favor of the vacation. No one was present to speak 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. Based on the favorable comments received from the Engineering Department, Area Plan Commission and Community Development Depart- ment, the Board of Public Works favorably recommends vacation of Page Two S.B. Common Council June 21, 1985 the above referred to alley subject to any and all utility easements. If you have any further questions regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS `Sandra M. Parmerlee, Clerk SMP /mp Attachment