HomeMy WebLinkAboutVacate - The East-West Alley in the Block Bounded by Miner Street on the North Cedar Street on the SouthORDINANCE No. 7286 -84
Passed by the Common Council of the City of South Bend, Indiana_
r City Clerk
IRENE K. GAMMON
Of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by
January 10, r9 84
City Clerk
IRENE K. GAMMON
6 19 Y
ORDINANCE NO. Z = -? �/
AN ORDINANCE TO VACATE THE FOLLOWING -
DESCRIBED PROPERTY: THE EAST -WEST ALLEY
IN THE BLOCK BOUNDED BY MINER STREET ON
THE NORTH, CEDAR STREET ON THE SOUTH, ST.
PETER STREET ON THE EAST AND ST. LOUIS
STREET ON THE WEST, ALL LOCATED IN M. E.
LISTENBERGER'S SUBDIVISION OF LARGE LOT
OR BLOCK NUMBERED THREE (3) IN SAMUEL
COTTRELL'S FIRST ADDITION TO THE TOWN OF
LOWELL, NOW A PART OF THE CITY OF SOUTH
BEND, IN ST. JOSEPH COUNTY, INDIANA.
STATEMENT OF PURPOSE AND INTENT
Pursuant to IND. CODE X36- 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:
1. The east -west alley in the block bounded by Miner
Street on the north, Cedar Street on the south, St. Peter Street
on the east and St. Louis Street on the west, all located in
M. E. Listenberger's Subdivision of large lot or block numbered
three (3) in Samuel Cottrell's First Addition to the Town of
Lowell, now a part of the City of South Bend, in 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, tele-
phone, 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.
811 East Madison
South Bend, Indiana 46617
Lots numbered nine (9) through sixteen (16),
both inclusive, as shown on the recorded plat
of M. E. Listenberger's subdivision of large
lot or block numbered three (3) in Samuel L.
Cottrell's first addition to the Town of
Lowell, now a part of the City of South Bend,
in St. Joseph County, Indiana.
SECTION IV.
The purpose of the vacation of the real
property is to allow Saint Joseph's Medical Center, Inc. to pro-
vide adequate parking for two (2) physicians' office buildings
in the immediate vicinity. This will serve the community by
providing more convenient access to the Saint Joseph's Medical
Center and the physicians' office buildings, will improve traffic
control and vehicle parking in the vicinity; and will reduce
hazards to pedestrians and persons in wheelchairs.
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.
1St 5- �3
2nd �y
NOT APPRO: ED
REFERRED
PASSED y
2.
Member of the Common Council
FBI a� n, I'S CFF ME
Irene a� mon
VToY CLEIR SOIiiB BEND, IND.
VACATION PETITION
DATE
TO THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA
THE UNDERSIGNED, being the owner of one hundred per
cent (100 %) of the adjoining property to the south and optionor
of one hundred per cent (100 %) of the adjoining property to the
north, hereby petitions you to vacate the following property:
1. The east -west alley in the block bounded by Miner
Street on the north, Cedar Street on the south, St. Peter Street
on the east, and St. Louis Street on the west, all located in
M. E. Listenberger's subdivision of large lot or block numbered
three (3) in Samuel Cottrell's first addition to the Town of
Lowell, now a part of the City of South Bend, in St. Joseph
County, Indiana.
Vacation of the aforementioned alley is requested so
that the petitioner, Saint Joseph's Medical Center, Inc., may
use the same as part of a parking lot for two (2) physicians'
office buildings in the immediate vicinity.
The names and addresses of all owners of land that
abut the property proposed to be vacated are attached hereto and
made a part hereof on Exhibit "A."
Name of Petitioner
Saint Joseph's Medical Cen r, Inc.
By v f
John B. Ford, Its Attorne
IRENE GAMMON
CITY CLERK
ROOM 455
COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601
Address
811 East Madison Street
South Bend, Indiana 46601
ATTORNEYS FOR PETITIONER:
THOMAS F. LEWIS, JR. and
JOHN B. FORD
JONES, OBENCHAIN, JOHNSON, FORD,
PANKOW & LEWIS
1800 VALLEY AMERICAN BANK BLDG.
SOUTH BEND INDIANA 46601
LIST OF NAMES AND ADDRESSES OF ALL OWNERS OF LAND
THAT ABUT THE PROPERTY PROPOSED TO BE VACATED
1. Saint Joseph's Medical Center, Inc.
811 East Madison Street
South Bend, Indiana 46601
2. Robert and Bettie Porter
24839 Fillmore
South Bend, Indiana 46619
3. Amelia C. Lizzi
708 East Miner
South Bend, Indiana 46617
4. Arthur and Mildred Tabb
710 East Miner
South Bend, Indiana 46617
5. Charles C. Rightley
714 East Miner
South Bend, Indiana 46617
6. Northwest Limited Partnership
718 Miner
South Bend, Indiana 46617
7. Marjorie Mae Turnock
726 East Miner
South Bend, Indiana 46617
8. Sam and Sylvia Katz
1312 East Colfax
South Bend, Indiana 46617
Exhibit "A"
SIGNATURES OF ABUTTING PROPERTY OWNERS
JOINING IN ALLEY VACATION PETITION OF
SAINT JOSEPH'S MEDICAL CENTER, INC.
THE UNDERSIGNED, being owners of property abutting the
below- described alley, hereby join in and consent to the Petition
of Saint Joseph's Medical Center, Inc. to vacate said alley:
1. The east -west alley in the block bounded by Miner
Street on the north, Cedar Street on the south, St. Peter Street
on the east, and St. Louis Street on the west.
Name of Abutting Owner
Residence Address
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Your Committee OF THE WHOLE
to whom was referred
133 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST —
WEST ALLEY IN THE BLOCK BOUNDED BY MINER STREET ON THE NORTH,
CEDAR STREET ON THE SOUTH, ST. PETER STREET ON THE EAST AND
ST. LOUIS STREET ON THE WEST, ALL LOCATED IN M. E. LISTENBERGER':
SUBDIVISION OF LARGE LOT OR BLOCK NUMBERED THREE (3) IN
SAMUEL CONTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW
A PART OF THE CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY,
INDIANA.
Respectfully report that they have examined the matter and that in their opinion TH I S B I LL SHOULD BE
TO THE COUNCIL FAVORABLE.
JOSEPH T. SERGE
Chairman
FREE PRESS PUBLISHING CO.
BOARD OF PUBLIC WORKS
John E. Leszczynski, President
Richard L. Hill
Joseph E. Kernan
MEMBERS OF THE COMMON
COUNCIL CHAMBERS
County -City Building,
South Bend, Indiana
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
COUNCIL
4th Floor
46601
December 28, 1983
219/284 -9412
RE: ALLEY VACATIONS:
(1) - E/W ALLEY BOUNDED BY MINER (N), CEDAR (S), ST. PETER (E)
AND ST. LOUIS STREET (W)
(2) - E/W ALLEY IN 1/2 BLK. BOUNDED BY SOUTH BEND AVENUE (N),
CEDAR (S), ST. LOUIS (E) AND THE N/S ALLEY 1/2 WAY
BETWEEN SOUTH BEND AVENUE AND CEDAR STREET ON THE WEST
Dear Members of the Council:
In accordance with Ordinanc
is being submitted to the C
vacate the east /west alley
the north, Cedar Street on
and St. Louis Street on the
Subdivision of Large Lot or
first addition to the Town
Bend, in St. Joseph County,
block bounded by South Ben
south, St. Louis Street on
half -way between South Bend
located in Bulla's Addition
City of South Bend, in St.
e No. 6976 -81, a favorable recommendation
ommon Council concerning the Petition to
in the block bounded by Miner Street on
the south, St. Peter Street on the east,
west, all located in M.E. Listenberger's
Block numbered three (3) in Samuel Cottrell's
of Lowell, now a part of the City of South
Indiana and the east /west alley in the half
Bend
Avenue on the north, Cedar Street on the
the east and the north /south alley approximately
Avenue and Cedar Street on the west, all
to the Town of Lowell, now a part of the
Joseph County, Indiana.
A public hearing was held on Monday, December 19, 1983, by the Board
concerning the proposed vacations. Attorney John Ford representing
Saint Joseph Medical Center and Mr. John Blower of the St. Joseph Medical
Center were in attendance and spoke in favor of the vacation. No
remonstrators were present to speak against the vacation and no written
objections were filed with the Board. A copy of the excerpts of the
minutes from that public hearing is attached for your information.
The Board of Public Works, therefore, recommends vacation of the
above referred to alleys, subject to the City being provided the needed
right -of -way for a sufficient turn - around in the one -half alley being
recommended for vacation and subject to any and all utility easements.
Sincerely,
BOARD OF PUBLIC WORKS
Sandra M. Parmerlee, Clerk