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Home My WebLink AboutVacation - Alley east of Michigan from Navarre Street to Bartlett Street. Being part of Rockstroh Brothers SubdivisionORDINANCE No. 9363-02 Passed by the Common Council of the City of Soutli Bend, Indiana October 28, 20 02 Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana October 29 20 02 Ciry Clerk President of Common Cocrncil Ciry Clerk Approved and signed by me October 29, 20 02 Mayan ORDINANCE NO. ~ 3 ~° ~ ~~~- AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first North/South alley East of Michigan Street from Navarre Street to Bartlett Street for a distance of 586 feet and a width of 14 feet. Being a part of Rockstroh Brothers Subdivision in the City of South Bend, St. Joseph County, Indiana 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 first North/South alley East of Michigan Street from Navarre Street to Bartlett Street for a distance of 586 feet and a width of 14 feet. Being a part of Rockstroh Brothers Subdivision in the 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: A. Lots 5, 6 and 13 in Dinan's Subdivision and Lots 30, 31, 32, 34, 35 and 36 in Rockstroh's 2"d Addition, abutting the East side of the Alleyway. B. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 in Rockstroh Bros. Subdivision abutting the West side of the Alleyway. SECTION IV. The purpose of the vacation of the real property is to: Facilitate the development of property on the East and West sides of the alle~wa~. 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. ~(~ Member of the Common ou cil 1 st READING l ~-~~-~~' PUBLIC HEARING l ~-~ ~~Z' 3 rd READING ~ ~j-1.~~ Q1- NOT APPROVED REFERRED PASSED l ~ ' L 8-C4 ~""~ Filed 1n clerk's ~~1~~ 0 C s 0 ~~ 200 COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 77-02 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF MICHIGAN STREET FROM NAVARRE STREET TO BARLETT STREET FOR A DISTANCE OF 586 FEET AND A WIDTH OF 14 FEET. BEING A PART OF ROCKSTROH BROTHERS SUBDIVISION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karl King Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREET/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA THE UNDERSIGNED PROPERTY OWNER PETITIONS YOU TO VACATE: THE FIRST NORTH/SOUTH ALLEY EAST OF MICHIGAN STREET FROM NAVARRE STREET TO BARTLETT STREET FOR A DISTANCE OF 586 FEET AND A WIDTH OF 14 FEET. BEING A PART OF ROCKSTROH BROTHERS SUBDIVISION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. DATE: October 4, 2002 The undersigned submits this Petition to Vacate the alley described above in order to facilitate the development of the property on the East and West sides of such alley. The undersigned Petitioner requests approval of this Petition. NAME (si ed & printed) 615 N. Michigan Street South Bend, Indiana 46601 Lots 7, 8, 9, 10, 11 and 12 in Rockstroh Bros. Subdivision (among other property) ADDRESS PROPERTY (Owned by Petitioner Abuttin A~ lley) MEMORIAL HOSPITAL OF SOUTH BEND, INC. ME L HOSPITAL OF SOUTH BEND, INC. Richard J. Deahl, Barnes & Thornburg Legal Counsel RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 (574) 235-9221 SHDS02 RID 258589v1 ~dl~d Ira Cia~rk'~ ®fftc~ OGT 0 ~a ?~~?. eo~aTtaa rwo~. ClYYCLEfREC,~.~~.G'~~ CONTACT PERSON(S): Bruce R. Bancroft, Esq. Richard J. Deahl, Esq. Barnes & Thornburg 100 N. Michigan Street, 6`h Floor South Bend, Indiana 46601 (574) 233-1171 33 ~"~~ 36 ~=~ - - - 32 37 30 ~f ~ ~ 17 yg C' -i6 ~~ PL C 21 -20 -19 ,B 17 ~16 75 _~_ . ~ 14 13 _ _12 X11 \ X10 ~ ~9 \ ' LEGAL DESCRIPTION: Filed in Clerk's office OC~i 0 ~ ZOOZ LOR*7Td J. DllDA ~tTY CLERKS, ~. BENS, 6N. The alley to be vacated is the first North/South alley East of Michigan Street from Navarre Street to Bartlett Street for a distance of 586 feet and a width of 14 feet. Being a part of Rockstroh Brothers Subdivision in the City of South Bend, St. Joseph County, Indiana. BARNES &THORNBURG Richard ]. Deahl (574) 237-1240 Email: richard.deahl®btlaw.com 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601-1632 U.S.A. (574)233-1171 Fax (574)237-1125 www.btlaw.com October 4, 2002 VIA HAND DELIVERY Ms. Loretta Duda Office of the City Clerk Room 455-County-City Building South Bend, Indiana 46601 RE: Petition for Vacation of Alleyway Dear Ms. Duda: We are pleased to enclose a Petition for Vacation of Alley to be filed on behalf of our client, Memorial Hospital of South Bend, Inc. As you will see, the Petition relates to the vacation of the North-South alley located between Navarre and Bartlett Streets (East of Michigan St.). This alley is situated right behind the Skyway Building. Memorial requests that this alley be vacated in order to facilitate the development of property located on both sides of the alleyway. We have also enclosed an "Ordinance to Vacate" for the South Bend City Council's consideration, as well as the appropriate filing fee and envelopes for mailing notification of this Petition. As always, please feel welcome to contact me directly at 237-1240 if I can provide any additional information at this time. We anticipate meeting with the City Council to make a presentation on this Petition on October 28, 2002. As always, we appreciate your assistance in this matter. Very truly yours, S & THORNBURG Richard J. Deahl ItJD:slr Enclosures cc: Mr. Theodore Foti Bruce R. Bancroft, Esq. SBDS02 RJD 259121v1 ~Ited to ~t~r~'~ ®~fi~~ LOG~EIZIA J. t3ilDt'~ «~ PY C~H~!"~. fem. f3@~~. R~ Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN,]. LUECKE, MAYOR BOARD OF PUBLIC WORKS October 28, 2002 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation Dear Members of the Council: PHONE 574/ 235-9251 Fax 574/235-9171 TDD 574/ 235-5567 In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning an alley vacation on the following: The first north/south alley east of Michigan Street from Navarre Street to Bartlett Street for a distance of 586 feet and a width of 14 feet. Being a part of Rockstroh Brothers Subdivision in the City of South Bend, St. Joseph County, Indiana. Favorable recommendations concerning this Vacation Petition were received from the Area Plan Commission, Police Department, Sanitation, Department of Economic Development and the Department of Public Works. The Fire Department stated they would need to see future plans for development in conjunction with fire and safety protection. Area Plan stated that bythe information provided on the petition, it is unclear whether or not the petitioner owns at least 50 percent of the land adjacent to the alley. Also, many of the properties along the alley need the alley to gain access to either parking areas and/or the rear of their buildings. If the alley is vacated than some of the adjacent property owners will not have sufficient access to their property. Area Plan recommends that across-access easement be created for all potentially aggrieved property owners. If adequate access to these properties is not obtained through such an easement, Area Plan recommends denial of the petition to vacate the alley. In addition, it is recommended that utility easements be created as necessary. Engineering concurs with Area Plan. Therefore, the Board submits to you a favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. Si cerely, ~ ela 7acob, ler Attachments c: Rosemary Mandrici, Assessor's Office Melinda Stopcrynski, Auditor's Office