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HomeMy WebLinkAboutvacate - Main Street from the South Right-of-Way Line of Bartlett ExtendedORDINANCE No. 7229 -83 Passed by the Common Council of the City of South Bend, Indiana August 8, rq 83 IRENE K. GAMMON City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Ind'ana August 9, Ig 83 IRENE K. GAMMON Approved and signed by me ig Clerk ORDINANCE NO. 17aQ 9- 5 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MAIN STREET FROM THE SOUTH RIGHT -OF -WAY LINE OF BARTLETT EXTENDED- - SOUTH TO THE NORTH RIGHT -OF -WAY LINE OF NAVARRE STREET EXTENDED FOR A DISTANCE OF 584 FEET PLUS OR MINUS, ALL BEING IN REYNOLDS ADDITION, BARTLETTS 1ST AND THE ORIGINAL PLAT OF SOUTH BEND 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 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 public hearing on the petition to vacate the following property: Main Street from the south right -of -way line of Bartlett extended- - south to the north right -of -way line of Navarre Street extended for a distance of 584 feet plus or minus , all being in Reynolds Addition, Bartletts lst and the Original Plat of South Bend. 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: Memorial Hospital of South Bend, Inc. 615 North Michigan South Bend, Indiana 46601 SECTION IV. The purpose of the vacation of the real property is to permit Memorial Hospital of South Bend, Inc. to better serve the community by providing improved access to Emergency and Radiation Therapy Services, improved traffic control, and reduced pedestrian hazards. SECTION V. This ordinance shall be subject to the conditions set forth of the South Bend Board of Works dated August 1, 1983, based on Bartlett Street being widen, signalization at Michigan Street, and the hospital providing sufficient parking spaces to meet code specifications. The cost of said improvements would be borne by the petitioner. 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. Mem er of the Co n ouncil PUBLIC HEARING 2nd READING 8 _ NOT APPROVED REFERRED PASSED VACATION PETITION DATE �� TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA THE UNDERSIGNED PROPERTY OWNER, being the owner of one hundred (100 %) per cent of the adjoined property, petitions you to vacate: Main Street from the south right -of -way line of Bartlett extended- - south to the North right -of -way line of Navarre Street extended for a distance of 584 feet plus or minus, all being in Reynolds Addition, Bartletts 1st and the Original Plat of South Bend. Name Memorial Hospital of South Bend, Inc. By %1y ) tephen L. Ummel, President IRENE GAMMON CITY CLERK ROOM 445 COUNTY -CITY BUILDING SOUTH BEND, INDIANA Address 615 North Michigan South Bend, IN 46601 ATTORNEY FOR PETITIONER: BRUCE C. HAMMERSCHMIDT SUITE 316 205 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 MEMORIAL HOSPITAL OF SOUTH BEND, INC. VACATION PETITION.LIST OF NAMES AND ADDRESSES OF PROPERTY OWNERS WITHIN 200 FEET OF PROPOSED VACATED PROPERTY 1. Theodore S. and Amelia Morris 816 N. Main South Bend, IN 46601 2. Hubert and K. Kuzmick 117 W. Bartlett South Bend, IN 46601 3. Patrick and Josephine M. Simeri 809 N. Michigan South Bend, IN 46601 4. Bernard E. and Elsye D. Vodnoy 801 N. Michigan South Bend, IN 46601 5. Daniel R. and Millicent Lindborg 801 N. Michigan South Bend, IN 46601 6. Josephine and Marguerite Murphy 505 LaSalle South Bend, IN 46601 7. YWCA 802 N. Lafayette Blvd. South Bend, IN 46601 8. James J. and Jeanne M. Lawler 702 N. Lafayette South Bend, IN 46601 9. Jon D. Leipold and David F. Wehlage 634 N. Lafayette South Bend, IN 46601 10. South Bend Medical Foundation, Inc. 531 N. Main South Bend, IN 46601 11. Diehl H. and Margaret Hoke Martin 525 N. Main South Bend, IN 46601 12. Walter F. Marcia K. Lehmann 334 S. Notre Dame South Bend, IN 46617 13. Hawel L. and Betty J. Stokes 334 S. Notre Dame South Bend, IN 46617 14. Memorial Hospital of South Bend, Inc. 615 N. Michigan South Bend, IN 46601 15. South Bend Community School Corporation 635 South Main Street South Bend, IN 46601 LAI PETITION TO VACATE Main Street from the South right-of-way line of Bartlett Street extended - South to the North right-of-way line of Navarre Street extended for a distance of 584 feet plus or minus all being in Reynolds Addition, Bartletts 1st and t e Origina - 0 outh Bend. 13, A NK, PARK— KI E— — i or 9 V) MADISON SCHOOL o ,� 2y Z,o � s�P � i 1� 0 31 6 1,2 14) C- � BARTLETT 193 AMA R I ON Ir ri. 01 7— cr L DINNANN 12) F; _9 7 10 14\5 MF �t 11-1Z 1-b- \j %W,F s' r -� - .49 i� 3 A NK or �- PARK- - - -�- - 65- -LANE- 0 0 N1) Jc9 46 cn J MADISON SCHOOL /� � Vn�nicU m I dr .I saP p 37 5 1 I it 1IQ � Lf `V 1z 14 f O M '- 0 0 �- 3I 18 n jo I,o , I r /4 i + '12, 11 BART'LETT Q_?. to � 7 � 6 13 1a 8 a ( z5 12 lyb v -24 II I?7 o -- - - — 184 rl �} ''AA 0 Z::::]' Z' n l94 2 1� DIN_ AN 153 176 �� J �2Z i� P 173 �.�. 21 8 v —I = �( �y I 0� Qom_ 181 180 ll"Jfl ° zo 7 a 1 ooiti� ,es ,6s ics pro /as h �NAVA R E V IRMA R I ON H r77 7 i via .� �t 126 121 ; o,5 122. G74 ` 1Z,3 Tommuttr arvart 110 toe Ta u m Moun& of tot (Mg of OVW4 jamb: Your Committee OF THE WHOLE to whom was referred 80 -83 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MAIN STREET FROM THE SOUTH RIGHT —OF —WAY LINE OF BARTLETT EXTENDED SOUTH TO THE NORTH RIGHT —OF —WAY LINE OF NAVARRE STREET EXTENDED FOR A DISTANCE OF 584 FEET PLUS OR MINUS, ALL BEING IN REYNOLDS ADDITION, BARTLETTS 1ST AND THE ORIGINAL PLAT OF SOUTH BEND. 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 adding a new paragraph 5 RAY ZIELINSKI Chairman FREE PRESS PUBLISHi NC CO. CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 BOARD OF PUBLIC WORKS August 3, 1983 219/284 -9412 John E. LeszczynskI, President Richard L. Hill Joseph E. Kernan MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County -City Building, 4th Floor South Bend, Indiana 46601 RE: STREET VACATION - MAIN STREET FROM BARTLETT TO NAVARRE Dear Members of the Council: In accordance with Ordinance No. 6976 -81, a favorable recommendation is being submitted to the Common Council concerning the petition to vacate Main Street from the south right -of -way line of Bartlett extended - south to the north right -of -way line of Navarre Street extended for a distance of 584 feet plus or minus, all being in Reynolds Addition, Bartletts 1st and the original plat of South Bend. A public hearing was held on Monday, August 1, 1983, by the Board concerning the proposed vacation. Mr. Stephen L. Ummel, President, Memorial Hospital, Mr. Carl Ellison, Planning Director, Memorial Hospital and Mr. Marty Kleva of Cole Associates, Inc. were present to speak 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 street, subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk smp Enc.