HomeMy WebLinkAboutVacate - East-West Street known as Madison North South Street known as St Peter East West Alley Half Block Bounded by St LouisORDINANCE No. 7097 -82
Passed by the Common Council of the City of South Bend,
September 13, t9 82
w
K. GAMMON
7C/
Presented by me to the Mayor of the City of South Bend,
September 14 �9 82
Clerk
Of Common Council
IRENE K. GAMMON
Approved and signed by me — / / q., 19 '?'Q
Clerk
ORDINANCE NO. 7097 -f2
AN ORDINANCE TO VACATE THE FOLLOWING -
DESCRIBED PROPERTY: 1. THE EAST -WEST
STREET KNOWN AS MADISON IN THE BLOCKS
BOUNDED BY ST. LOUIS AND NOTRE DAME;
2. THE NORTH -SOUTH STREET KNOWN AS ST.
PETER IN THE HALF BLOCK BOUNDED BY
MADISON AND THE EAST -WEST ALLEY APPROXI-
MATELY HALFWAY BETWEEN MADISON AND
LASALLE; 3. THE EAST -WEST ALLEY IN THE
HALF BLOCK BOUNDED BY ST. LOUIS AND THE
NORTH -SOUTH ALLEY APPROXIMATELY HALFWAY
BETWEEN ST. LOUIS AND ST. PETER, ALL
LOCATED IN SAMUEL COTTRELL'S FIRST
ADDITION TO LOWELL, NOW A PART OF THE
CITY 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 va-
cate public ways or public places with the City.
property.
The following ordinance vacates the above - described public
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 street known as MADISON in the blocks
bounded by St. Louis and Notre Dame;
2. The north -south street known as ST. PETER in the half
block bounded by Madison and the east -west alley approximately half-
way between Madison and LaSalle;
3. The east -west alley in the half block bounded by St.
Louis and the north -south alley approximately halfway between St.
Louis and St. Peter,
all located in Samuel Cottrell's first addition to Lowell, now a part
of the City 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 va-
cated 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
SECTION IV. The purpose of the vacation of the real
property is to allow Saint Joseph's Medical Center, Inc. to better
serve the community by providing more convenient access to the
Medical Center to incoming patients and visitors; improving traffic
control and vehicle parking in the vicinity of the entrance to the
Medical Center; and reducing hazards to pedestrians and persons in
wheelchairs using the main entrance to the Medical Center.
SECTION V. This ordinance shall be in full force and ef-
fect from and after its passage by the Common Council and approval
by the Mayor.
1st READING
PUBLIC HEARING
2nd READING
q_ 1,3_ ep a
NOT APPROVED
REFERRED
PASSED
Member of the Common `Ct5uncil
2.
FILED IN uars OFFa
AUG 18 1982
Irene
CITY CLERK, SOUTjrymm�
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:
1. The east -west street known as MADISON in the blocks
bounded by St. Louis and Notre Dame;
2. The north -south street known as ST. PETER in the
half block bounded by Madison and the east -west alley approximately
halfway between Madison and LaSalle;
3. The east -west alley in the half block bounded by St.
Louis and the north -south alley approximately halfway between St.
Louis and St. Peter,
all located in Samuel Cottrell's first addition to Lowell, now a
part of the City of South Bend.
Name
Saint Joseph's Medical Center, Inc
By
David CC Tre\w, President
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.&
JOHN B. FORD
JONES, OBENCHAIN, JOHNSON,
FORD, PANKOW & LEWIS
1800 AMERICAN NATIONAL
BANK BUILDING
SOUTH BEND, INDIANA 46601
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ST,
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Saint Joseph's Medical Center
A Century of Caring for Michiana
To: Common Council of the City of South Bend
Date: September 13, 1982
Re Bill No.: 95 -82
In the event that the Common Council approves the Saint Joseph's
Medical Center's Petition to vacate portions of Madison Street,
St. Peter Street, and one -half of the East -West Alley and passes
Bill No. 95 -82, we agree to pay 100% of the costs involved in
installing traffic control signals at the intersection of Lasalle
and St. Peter, not to exceed the sum of $ 0, provided that
all applicable warrants of the Uniform Traffic Control Devices
Manual are satisfied. 2s -S 02 0-a
We further agree to negotiate with the City in the event that
the costs of the traffic control signals exceed V11 000 concerning
payment of those excess costs. le 1-0
By
SAINT JOSEPH'S MEDICAL CENTER, INC.
B11 East Madison Street -P.O. Box 1935. South Bend. Indiana 4BB34.219/237 -7111
Sisters of the Holy Cross
Tommittrr 3trport
Xo 14C fdomnwit Tamil of tke (Ing of £md4 Ikub:
Your Committee of the Whole
to whom was referred
BILL NO.
95 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED
PROPERTY: 1. THE EAST —WEST STREET KNOWN AS
MADISON IN THE BLOCKS BOUNDED BY ST. LOUIS
AND NOTRE DAME; 2. THE NORTH —SOUTH STREET
KNOWN AS ST. PETER IN THE HALF BLOCK BOUNDED
BY MADISON AND THE EAST —WEST ALLEY APPROXIMATELY
HALFWAY BETWEEN MADISON AND LASALLE; 3. THE
EAST —WEST ALLEY IN THE HALF BLOCK BOUNDED BY
ST. LOUIS AND THE NORTH —SOUTH ALLEY APPROXIMATELY
HALFWAY BETWEEN ST. LOUIS AND ST. PETER, ALL
LOCATED IN SAMUEL COTTRELL'S FIRST ADDITION
Respectfully report that they have examined the r8lidter1aWLtiaLip tlWWPidiorPART OF THE CITY OF SOUTH
BEND.
THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE.
JOHN VOORDE
Chairman
'........ 7�. .ve us.......
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
September 1, 1982
Common Council
4th Floor, County -City Building
South Bend, Indiana 46601
Dear Council Members:
219/284 -9412
In accordance with Ordinance No. 6971 -81, the following
recommendation is being submitted to the Common Council con-
cerning the petition of St. Joseph's Medical Center to vacate
a portion of (1) Madison Street between St. Louis and Notre
Dame Avenue; (2) St. Peter Street running north to Madison
from the first east -west alley north of LaSalle Street; and
(3) the westerly portion of an alley bounded by St. Louis on
the west, Madison on the north, St. Peter on the east and
LaSalle on the south.
A public hearing was held on the proposed vacations on
August 23, 1982, and continued to August 30, 1982. In addition,
a meeting was scheduled by hospital officials on August 26,
1982, for the purpose of discussing the expansion plans and
the above vacations with surrounding property owners. A copy
of the excerpts of minutes from the Board's public hearings of
August 23rd and August 30th is enclosed. The following concerns
were discussed at length:
The Engineering Department is concerned about
the development of any street or alley into a
dead -end traffic situation.
The Area Plan Commission recommends that
additional land be dedicated to better
facilitate turning movements on the remaining
"L" shaped alley, the westerly portion of
which is proposed to be vacated. Along the
same lines, the hospital is willing to provide
easements to the owners of those properties
bordering the alley for use of its property
(parking lot) for ingress and egress if the
westerly portion of the alley is vacated.
The Area Plan Commission also points out that
Madison Street is classified as an arterial
city street based upon the construction of a
Common Council
Page 2
September 1, 1982
Madison Street Bridge over the St. Joseph River.
While there has been evidence that the city is
no longer interested in such a bridge, no
amendment has been made to the Transportation
Plan to the contrary.
4. Basically, the property owners in the vicinity
of the proposed vacations are concerned about
the potential increase in traffic on LaSalle
with the closing of Madison Street; the increase
in traffic on St. Peter Street since it will be
the primary way to approach the front entrance
of the hospital complex; and the possibility
of access problems to their properties.
From a technical standpoint, the Board feels the above con-
cerns have been addressed and there would appear to be no problems
encountered in providing adequate fire protection to affected
properties. In addition, while the closing of all or a portion
of the above rights -of -way may cause temporary inconveniences to
the public normally utilizing them, access to surrounding properties
will not be denied. Given the circumstances, the proposed plan
for vacation of the above rights -of -way is the most feasible
considering the limited existing property available to the medical
center.
The Board, therefore, submits a favorable recommendation
to the Council for the vacation of the aforementioned public
rights -of -way, subject to the maintenance of all utility easements,
but asks that the Council consider the neighborhood concerns
which the Board is cognizant of but feels it is not in a position
to address.
In the event St. Joseph's Medical Center does not provide
easements to the property owners bordering the alley (the westerly
portion of which is to be vacated) as it previously agreed to do,
then additional right -of -way will need to be dedicated at the
alley intersection to better facilitate turning movements.
bib
CC: John E. Leszczynski
Attachments
Sincerely,
BOARD OF PUBLIC WORKS
Barbara J. Byers, Clerk