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Home My WebLink AboutVacate - The East-West Alley in the Half Block Bounded by South Bend Ave on the North, Cedar Street on the SouthORDINANCE No- 7287 -84 Passed by the Common Council of the City of South Bend, Indiana Attest: January 9, ,,, 84 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana - January_ 10, r9 84 . Clerk of Common Council City Clerk IRENE K. GAMMON Approved and signed by me �9 ORDINANCE NO. V AN ORDINANCE TO VACATE THE FOLLOWING - DESCRIBED PROPERTY: THE EAST -WEST ALLEY IN THE HALF BLOCK BOUNDED BY SOUTH BEND AVENUE ON THE NORTH, CEDAR STREET ON THE SOUTH, ST. LOUIS STREET ON THE EAST AND THE NORTH -SOUTH ALLEY APPROXIMATELY HALF- WAY BETWEEN SOUTH BEND AVENUE AND CEDAR STREET ON THE WEST, ALL LOCATED IN BULLA'S 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 with 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 half block bounded by South Bend Avenue on the north, Cedar Street on the south, St. Louis Street on the east, and the north -south alley approxi- mately half -way between South Bend Avenue and Cedar Street on the west, all located in Bulla's 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, 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. 811 East Madison South Bend, Indiana 46617 Lots numbered one (1) through fifteen (15), both inclusive, as shown on the recorded plat of Bulla's 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 provide adequate parking for two (2) physicians' office buildings in the immediate vicinity. This will serve the community be 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. Passage of this ordinance is conditioned upon the petitioner filing a proper legal document with the Board of Public Works dedicating a six by fifty -four foot parcel as a permanent easement and right -of -way. SECTION VI. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Co n Council ,, ' «AR INy 2,:d READING 3 NIOT APPROVED X REFERRED PASSED VACATION PETITION DATE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA THE UNDERSIGNED, being the owner and optionor of one hundred per cent (100 %) of the adjoining property, hereby peti- tions you to vacate the following property: 1. The east -west alley in the half block bounded by South Bend Avenue on the north, Cedar Street on the south, St. Louis Street on the east, and the north -south alley approximately half -way between South Bend Avenue and Cedar Street on the west, all located in Bulla.'s 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 building in the immediate vicinity. Name of Optionor Saint Joseph's Medical Center, Inc. By J " t�- R�& John B. Ford, Its Attorney Address 811 East Madison Street South Bend, Indiana 46601 Name of 100% Abutting Owner Address 1832 Rockne Drive 1 Owens South Bend, Indiana 46617 r r LO: [• �J/tt ' tF yyy 11j�f fj Ki e�.e✓ Le`� ..eG U 4f/4 J L•�i3 IRENE GAMMON CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND INDIANA 46601 ATTORNEYS FOR PETITIONER: F. LEWIS, JR. and :JOHN B. FORD JONES, OBENCHAIN, JOHNSON, FORD, PANKOW & LEWIS 1800 VALLEY AMERICAN BANK BLDG. SOUTH BEND, INDIANA 46601 r4 OF d OJ F C I ZZZZZZZ IQ 1 G G CEDAR STREET SORIN STREET MINER STREET MINER STREET W W 6 a W e — _ 0 F > e - IC' I} l�l�lj jl l�I�I��I ii NEW I 1 1 1 1 I i I ► I r MEDICAL PAVILION r I EXISTING PARKING LOT. ;_ LLLUJ R !CEDAR STREET CONTrACTOR NI► EE\j RKINO LOT ' MADISON STREET' - o e Il O a y DICAL_RAVILIOr ^ "JAL LD UNDRJ - BOILER- i 11111111111111 I� A' �► ail Fi! lip pi e� (MADISON STREET! \CLI I I I III VIII VIII!• 11N)SPITAL STAFF A VISITO S fEXISTING PHYSICIANS PARKING `-•Z 116 CARS C STING OUTPATIENT _ 0 11111111111 F: 1 1 ARKING 43 CARS iLuiuiLLL- M_ Co i 11111111111111 I� A' �► ail Fi! lip pi e� (MADISON STREET! \CLI I I I III VIII VIII!• 11N)SPITAL STAFF A VISITO S w 0 1 1 1. HP m'' 1111111111111111111111111111 i 141 CAR{ K � L7C7�Wtl�� r 7 U111111� 0 i �M •FITAL STAFF A VISITORS !117 CARS i. LASALLE AVENUE -ro -Be VAC ACTEn - Tommit #per Report Ulu tot Townwn fdoumil of * Edify of oout4 frud: Your Committee OF THE WHOLE to whom was referred 134 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST — WEST ALLEY IN THE HALF BLOCK BOUNDED BY SOUTH BEND AVENUE ON THE NORTH, CEDAR STREET ON THE SOUTH, ST. LOUIS STREET ON THE EAST AND'THE NORTH —SOUTH ALLEY APPROXIMATELY HALF WAY BETWEEN SOUTH BEND AVENUE AND CEDAR STREET ON THE WEST, ALL LOCATED IN BULLA'S 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 THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, as amended: Per attached. JOSEPH T. SERGE Chairman FREE PRESS PUBLISHING CO. BOARD OF PUBLIC WORKS John E. Leszczynski, President Richard L. Hill Joseph E. Kernan CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 January 18, 1984 219/284 -9412 TO: IRENE K. GAMMON, CITY CLERK FROM: SANDRA M. PARMERLEE, CLER BOARD OF PUBLIC WORKS /f RE: ALLEY VACATION - ORDINANCE NO. 7287 -84 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 Attached for your information and file is a copy of a Dedi- cation of Public Right -of -Way and Permanent Easement which has been provided to the Board of Public Works by Saint Joseph's Medical Center, Inc. and which was accepted and approved by the Board on January 16, 1984. It is my understanding that Ordinance No. 7287 -84, upon passage, was amended to provide in Section V thereof that the passage of the Ordinance "is conditioned upon the petitioner filing a proper legal document with the Board of Public Works dedicating a 6 x 54 -foot parcel as a permanent easement and right -of- way." The attached document satisfies that requirement. If you have any questions regarding this matter, please do not hesitate to contact this office. Thank you. smp Enc.