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HomeMy WebLinkAboutVacate - Alley East of Main St bounded by Wayne St on the NorthORDINANCE No. 10=54-13 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: September 9, 20 13 JOHN VOORDE Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me September 10, 20 i JOHN VOORDE S U7` i,, 13 20 i3 City Clerk . President of Common Council City Clerk ORDINANCE NO. l 02–S � —0 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PUBLIC ALLEY EAST OF MAIN STREET BOUNDED BY WAYNE STREET ON THE NORTH AND WESTERN AVENUE ON THE SOUTH 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 public alley east of Main Street bounded by Wayne Street on the north and Western Avenue on the south, also known as Otsego Street as shown on the recorded Original Plat of the Town, now City, of South Bend, 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: St. Joseph County Public Library c/o Donald J. Napoli, Director 304 South Main Street South Bend, IN 46601 Tax Key Nos. 018 - 3008 -0268 018-3008-0270 018- 3008 -0271 018- 3008 -0272 018 - 3008 -0274 018 - 3008 -0275 018- 3008 -0276 018 - 3008 - 027801 018 - 3008 -0284 City of South Bend, Indiana, for the use and benefit of its Department of Redevelopment Tax Key Not. 018- 3008 -02782 018- 3008 -0279 018 - 3008 -0280 018-3008-0281 018- 3008 -0282 018- 3008 - 028301 SECTION IV. The purpose of the vacation of the real property is: The vacation is sought to eliminate vehicular traffic through the street /alley adjacent to the Library buildings and parking lot. The Library intends to expand its parking area for the Main Library and other Library buildings on the lots owned by the Library to the east of the street/alley. Use of the north portion of the street/alley as a through street by vehicles exposes pedestrians traveling to and from the Library buildings to danger from traffic. The vacation is requested out of concern for the safety of pedestrians using the parking lots and Library buildings. 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. Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the fi OAA-, day of _ , 2 c3 , at [ , 33 o'clock _. M. City ""Ark t Approved and si ned by me on the 1 day of S iP T , 201? , at 5..06—o'clock . m. 1 d READING q PUBLIC, HEARING 1 3 rd READING NOT APPROVED REFERRED PASSED A--0 Mayor, Ci f S Bend, Indiana Filed In <;o office BUG - 7 2013 CITY CLERK, SOU h SEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 39 -13 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PUBLIC ALLEY EAST OF MAIN STREET BOUNDED BY WAYNE STREET ON THE NORTH AND WESTERN AVENUE ON THE SOUTH This bill was heard by the Public Works & Property Vacation Committee. Karen L. White Chairperson, Committee of the Whole PETITION TO VACATE PUBLIC RIGHT (STREETS AND ALLEYS) August 2, 2013 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Ai CI sots rm E- St. Joseph County Public Library ( "Library "), the undersigned Property Owner, Petitions You to Vacate: A. THE STREET /ALLEY DESCRIBED AS: The public alley east of Main Street bounded by Wayne Street on the north and Western Avenue on the south, also known as Otsego Street as shown on the recorded Original Plat of the Town, now City, of South Bend, St. Joseph County, Indiana. The street /alley sought to be vacated is east of and adjacent to the Main Library located at 304 South Main Street, South Bend, Indiana. The attached Site Plan shows the street/alley to be vacated and the adjacent property. The Library owns land and buildings adjacent to the street/alley to be vacated, including the Main Library building on the north -east corner of Main Street and Wayne Street, the building on the north -west corner of Michigan Street and Wayne Street, the vacant lot immediately south of that building and the building on the south west corner of Western Avenue and Michigan Street. The City of South Bend owns the parking lots between the Library's property on the east side of the of the street/alley to be vacated. The Library proposes to block vehicular traffic through the vacated portion of the street/alley by the use of bollards and landscaping. The vacation is sought to eliminate vehicular traffic through the street/alley adjacent to the Library buildings and parking lot. The Library intends to expand its parking area for the Main Library and other Library buildings on the lots owned by the Library to the east of the street/alley. Use of the north portion of the street/alley as a through street by vehicles exposes pedestrians traveling to and from the Library buildings to danger from traffic. The vacation is requested out of concern for the safety of pedestrians using the parking lots and Library buildings. The alley cannot be used as a through street for access to properties to the north or south of the proposed vacated street/alley. The alley to the north of Wayne Street, east of and adjacent to the United States District Court Building, bounded by Jefferson Boulevard to the Page 1 of 2 north, has been vacated and is closed to through traffic. The alley to the south of Western Avenue, east of and adjacent to the United States Bankruptcy Court Building, bounded by Monroe Street on the south, has been vacated and is closed to through traffic. No adjacent property owner will be adversely affected by vacating the street /alley. The St. Joseph County Public Library land and buildings adjacent to the street /alley, on both the east and west sides. The City of South Bend owns land adjacent to the street /alley and agrees with the proposed vacation of the alley. There will be a cross - access agreement between the City and the Library for use of the vacated alley. The Board of Public Works has agreed to submit a favorable recommendation for the vacation of the street /alley, subject to the cross - access agreement. All utility easement rights within the vacated street /alley will be maintained unless the rights are released by the utilities. Respectfully submitted, Donald J. Napoli, %P-blic ector St. Joseph County Library CONTACT PERSON: i i James `A. Masters (Ind. Bar No. 9074 -71) NEMETH, FEENEY, MASTERS & CAMPITI, P.C. 211 West Washington Suite 1800 South Bend, Indiana 46601 Telephone: 574/234 -0121 Attorney for St. Joseph County Public Library Filed in: Office of the City Clerk John Voorde, City Clerk Room 400 S, County -City Building 227 West Jefferson Boulevard South Bend, in 46601 Telephone: 574/235-9221 Page 2 of 2 Filed hn Office= AUG -? ZQ13 CITY pap ec��"4if'i+ IN I I I I I I I I I I i I I +, -0248 -0249 7 -`0239 -0250 Wayne Street Waym, lPk: o-oI Western Ave. — 0585.01 L —0593 co I o � o -0276 -0276 -0268 1 3 - 0278.01 - 0278.02 I � -0279 -0270 18 -3008 0 -0271 -0280 -0281 -0282 _ - 0283.01 -0272 -0284 lPk: o-oI Western Ave. — 0585.01 L —0593 co I -1-- I N I N I 41 V I c ' I 0 _ I I U 111 I I I I I I I I I I I r, I I I I I I 1 I ' o i ' 18 -3016 I I I o I - 0586.01 ,c -0594 I I THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF MAIN STREET FROM WAYNE STREET SOUTH TO WESTERN AVENUE FOR A DISTANCE OF 410 FEET AND A WIDTH OF 14 FEET, BEING A PART OF ORIGINAL PLAT OF SOUTH BEND, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA. I F-cN I 3 cz .5 Igr I � I -1-- I N I N I 41 V I c ' I 0 _ I I U 111 I I I I I I I I I I I r, I I I I I I 1 I ' o i ' 18 -3016 I I I o I - 0586.01 ,c -0594 I I THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF MAIN STREET FROM WAYNE STREET SOUTH TO WESTERN AVENUE FOR A DISTANCE OF 410 FEET AND A WIDTH OF 14 FEET, BEING A PART OF ORIGINAL PLAT OF SOUTH BEND, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA.