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HomeMy WebLinkAboutVacate - 1st North-South Alley West Michigan St, 1st East_West Alley North Madison StORDINANCE NO. 7102 -82 Passed by the Common Council of the City of South Bend, September 27, Iq 82 Presented by me to the Mayor of the City of South Bend, IRENE K. GAMMON tember 28, ,82 Clerk of Common Council Clerk IRENE K. GAMMON Approved and signed by me I ORDINANCE NO. 7102 -82 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH -SOUTH ALLEY WEST OF MICHIGAN STREET RUNNING NORTH FROM THE NORTH RIGHT -OF -WAY OF THE 1ST EAST -WEST ALLEY NORTH OF MADISON STREET FOR A DISTANCE OF 132' MORE OR LESS TO THE PROJECTED RIGHT -OF -WAY LINE OF THE MICHIGAN -MAIN CONNECTOR ADJACENT TO LOTS 166, 167 AND LOTS 158, 159 OF THE ORIGINAL PLAT OF SOUTH BEND. ALSO, THE 1ST EAST -WEST ALLEY NORTH OF MADISON STREET RUNNING WEST FROM A POINT 6' WEST OF THE 1ST NORTH -SOUTH ALLEY WEST OF MICHIGAN STREET TO THE EAST RIGHT -OF -WAY LINE OF THE MICHIGAN -MAIN CONNECTOR ADJACENT TO LOTS 165 AND 166 OF 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 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 North -South alley West of Michigan Street running North from the North right -of -way of the 1st East -West alley North of Madison Street for a distance of 132' more or less to the projected right -of- way line of the Michigan -Main connector adjacent to lots 166,167 and lots 158, 159 of the original plat of South Bend. Also, the 1st East - West alley North of Madison Street running West from a point 6' West of the 1st North -South alley West of Michigan Street to the East right - of -way line of the Michigan -Main connector adjacent to lots 165 and 166 of the original plat of South Bend. hereby determines that it is desirable to vacate said property. This ordinance is subject to the September 27, 1982, letter from the Board of Public Works, a copy of which is attached as Exhibit A. 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: To no one to: SECTION IV. The purpose of the vacation of the real property is Create parking spaces for proposed office. SECTION V. This ordinance shall and after its passage by the Common C Passed, as amended, September 27, 1982 in full force and cil an ap o al r r o the Common Cou ffect from the Mayor. A CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601 BOARD OF PUBLIC WORKS September 27, 1982 219/284 -9412 John E. Leszczynski, President Richard L. Hill Joseph E. Kernan South Bend Common Council 4th Floor, County -City Building South Bend, Indiana 46601 Dear Council Members: At the Common Council meeting of September 13, 1982, the petition of the Town Tower Motel Corporation to vacate two portions of alley right -of -way bounded by the Michigan - Main Connector was referred back to the Board of Public Works for another public hearing in order to clarify the permanent easement which the Board recommended be granted in conjunction with the vacation of the westerly portion of the east -west alley. The Board's public hearing on the matter was held today and concern was again expressed by the property owners front- ing on Michigan Street as to access to the back of their properties if the westerly portion of the east -west alley was vacated. There appeared to be no objection to the vacation of the northerly portion of the north -south alley proposed to be vacated. As a result of the Board's public hearing, the follow- ing favorable recommendation for the vacation of the above rights -of -way is herein being submitted: The vacation of the northerly portion of the north -south alley as requested; and vacation of the westerly portion of the east -west alley subject to: (1) Granting of a permanent easement by the Town Tower Motel Corporation to the owner of Lot 160 for a 22- foot wide strip of land located approximately 25 feet south of the present westerly portion of the alley, from Main Street east to the north -south alley, 1 Common Council September 27, 1982 Page Two (2) Dedication of additional right -of -way to the City where the alleys presently intersect to better facilitate turn- ing movements. (3) Reservation of the rights and ease- ments of all utilities, including the City of South Bend, to construct and maintain its facilities within the vacated right -of -way, all more accurately described in a final site plan (Application #802 -82) approved on September 21, 1982, by the Area Plan Commission. A copy of the excerpts of the minutes from the Board's hearing this morning is attached for your information. Very truly yours, BOARD OF PUBLIC WORKS xK�la��q.)(L ��c �) Barbara J. Byers, Clerk BJB /mp Attachment PE(ITION TO VACATE The 1st North -South alley West of Michigan Street running North from the North right -of -way of the 1st East -West alley North of Madison Street for a distance of 132' more or less to the projected right -of -way line 1 d 1 t 158 of the Michigan -Main connector adjacent to lots 166, 6, an o s 159 of the O.P. of South Bend. I Also, €€ 7 the 1st East -West alley North of Madison Street running West from a point 6' West of the West right -of -way of the lst North -South alley West of Michigan Street for a distance of 120' more or less to the projected East right -of -way line of the Michigan -Main connector adjacent to lots 165 and 166 of O.P. of South Bend. NAVARRE �N IK 196 187 197 188 196 189 ED 195 190 194 191 193 192 MARION .00 210 199 1209 200 .206 201 1IL . x; 1207 202 '206 203 203 !04 1 m >aa , i4 156 CGS 143 155 146 Y 154 147 153 152 146 149 II . 129 ,5 4 1 2 128 3 127 ./Ted 126 6 7 121 t25 122 1 124 123 x 0- W V1 O to ST. 82.5' Vol D- O! I. I. �0 �O - n n m �'f ST. 82.5' Its 1117 / I / 116 A Jb VACATION PETITION DATE August 23, 1982 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The (east- west /north- south) (alley /street) in the block bounded by the 1st North -South alley West of Michigan Street running North adjacent to lots 166, 167 and 158 and 159 and the 1st East -West alley North of Madison Street running West, adjacent to lots 165 and 166 as shown on the original plat of South Bend, St. Joseph County Indiana Addition. NAME ADDRESS Town Tower Motel Corp. 366 Mt. Vernon, Columbus, Ohio 43216 Corp. Address: 423 N. Michigan St. South Bend, Indiana 46601 IRENE GAMMON CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND, IN 46601 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 13, 1982 Common Council County -City Building South Bend, Indiana 46601 Dear Council Members: 219/284 -9412 In accordance with Ordinance No. 6976 -81, the following recommendation is being submitted to the Common Council con- cerning the petition of the Town Tower Motel Corporation for the vacation of two portions of alley right -of -way bounded by the Michigan -Main Connector as shown on the attached map, The Board of Public Works held a public hearing on September 13, 1982, concerning the proposed vacations at which time objections were raised by property owners in the vicinity of the alleys. Concern was expressed as to the cutting off of access to the back of the properties which front on Michigan Street which runs one -way north at that point. The Area Plan Commission staff and the Bureau of Traffic and Lighting recommended the dedication of additional right -of -way at the alley intersection to better facilitate turning movements. As a result of the Board's public hearing, the following favorable recommendation for the vacation of the above rights - of -way is herein being submitted: The vacation of the northerly portion of the north -south alley as requested; and vacation of the westerly portion of the east -west alley ONLY IF PERMANENT EASEMENT RIGHTS ARE GRANTED BY THE TOWN TOWER MOTEL CORPORATION FOR INGRESS AND EGRESS over that portion to be vacated. A copy of the excerpts of the minutes from the Board's public hearing will be sent to you as soon as they are trans- cribed. I apologize for not being able to submit them to you prior to tonights meeting. Sincerely, BOARD OF PUBLIC WORKS Barbara J. Byers, Cle BJB /mp Attachment Tommmtr Irpurt on toe Tantum Counrq of tae (guy of omd# Bend: Your Committee OF THE WHOLE to whom was referred BILL NO. 100 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH —SOUTH ALLEY WEST OF MICHIGAN STREET RUNNING NORTH FROM THE NORTH RIGHT —OF —WAY OF THE 1ST EAST —WEST ALLEY NORTH OF MADISON STREET FOR A DISTANCE OF 132' MORE OR LESS TO THE PROJECTED RIGHT —OF —WAY LINE OF THE MICHIGAN —MAIN CONNECTOR ADJACENT TO LOTS 166, 167 AND LOTS 158, 159 OF THE ORIGINAL PLAT OF SOUTH BEND. ALSO, THE 1ST EAST —WEST ALLEY NORTH OF MADISON STREET RUNNING WEST FROM A POINT 6' WEST OF THE 1ST NORTH —SOUTH ALLEY WEST OF MICHIGAN STREET TO THE EAST Respectfully report that they have examined the firk XT� A' �kSl�OF THE MICHIGAN —MAIN CONNECTOR 65 AND 166 OF THE ORIGINAL PLAT OF SOUTH BEND. THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. JOHN VOORDE Chairman .esc .nm ' .............