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Home My WebLink AboutAlley Vacation - between Lafayette and Main., ~ ,. ORDINANCE No. 9074-00 Passed by the Compton Council of the City of Soutla Bend, Indiana January 10, Attest: Attest:, 00 20 Presented by me to the ll~iayor of the City of South Bend, Indiana January 11, 20 00 City Clerk President of Common Council Ciry Clerk Approved and signed by me January 11, 20 00 Mayor ORDINANCE NO poly-ao AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is described as the north/south alley between Lafayette and Main Street from the south right-of-way of the vacated east/west alley to a point which is 37.5 feet south of the south right-of-way of the vacated east/west/alley to the south end of the previously vacated alley for a distance of 113 feet and a width of 14 feet. Part located in the Original Town 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: Beginning on the west line of lot 190 as shown on the Plat of the Original Town, now City of South Bend, Indiana, at a point 28.50 feet north of the southwest corner of said lot 190, thence west parallel to the south line of said lot 190, a distance of 14.00 feet to the east line of lot 195 in said original Plat; thence north on the east line of said lot 195 and said line extended north, and the east lines of lots 196 and 197 in said original Plat, a distance of 150.57 feet; thence east on the westerly extension of the south line of the north ~ of lot 188; thence south on the west line of said lot 188, lot 189 and said line extended south and the west line of lot 190 in said original Plat, a distance of 150.57 feet to the point of beginning. 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: Lot 187 Property Lot 188 Property Lot 189 Property Lot 190 Property Lot 195 Property Lot 196 Property Lot 197 Property Owner Owner Owner Owner Owner Owner Owner South South South South South South South Bend Medical Bend Medical Bend Medical Bend Medical Bend Medical Bend Medical Bend Medical Foundation Foundation Foundation Foundation Foundation Foundation Foundation SECTION IV. The purpose of the vacation of the real property is; the South Bend Medical Foundation is in the planning stage of adding additional floors to the existing building. If vacating the said alley way would be approved, this would allow for a new canopy to be built in the said alley way. This canopy would give our transportation drivers cover for loading and unloading lab specimens. The roof top of this canopy would allow for us to install new mechanical and cooling equipment. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor; and subject to the recording of an appropriate access easement approved by the City's Engineering Department. 1 st P.EADING 12-~3'~~ PUBLIC HEARING \-\b- ~~ 3 rd READING ~ _ ~ p -oD NOT APPROVED REFERRED ` \\ PASSED 1-\0-~a 0.S 0..drve~ ~-L1 Member of the Com n Council E~~~~~ ~E~ "..a~34 a~~~4. .3 X., s JA~~ 1 Q 1999 .,..,.C GI':"P CLEd:, •0. t). r.~"flit, is „ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 107-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE NORTH/SOUTH ALLEY BETWEEN LAFAYETTE AND MAIN STREET FROM THE SOUTH RIGHT-OF-WAY OF THE VACATED EAST/WEST ALLEY TO A POINT WHICH IS 37.5 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY OF THE VACATED EAST/WEST ALLEY TO THE SOUTH END OF THE PREVIOUSLY VACATED ALLEY FORA DISTANCE OF 113 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE ORIGINAL TOWN OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that at their committee meeting held on January 10"'' 2000 due to a lack of a quorum, this bill comes to the full Council with no recommendation as amended. Section V. should read "and subject to the recording of an appropriate access easement approved by the City's Engineering Deparment. Andrew Udj ak Chairman '' ' PETITION TO VACATE P UBL IC RIGH TS-OF-WAY ~3TREET3 /ALL EYSl TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA Z (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The alley to be vacated is described as the north/south alley between Lafayette and Main Streets from the south right-of--way of the vacated east/west alley to a point which is 37.5 feet southof the south right-of-way of the vacated east/west alley to the south end of the previously vacated alley for a distance of 113 feet and a width of 14 feet. Part located in the Original Town of South Bend, B • St. Joseph County, Indiana. NAME (signed & pr' ted) ADDRESS G a ~ m.D. SOUS U1rNr]~ I /t! ~/~~r RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 219-235-9221 LOT ~ S gL~g, ~~~ )~~, X95 ,19~~ 191 CONTACT PERSON S) NAME: ADDRESS: ~~L~ G(,y~--`~ G ~t ~_ • ~~~ PHONE : ~` ~ ~ ~-- .6 ~~ --359-=- ~I~----~- 3i 0 NAVARRE 361 i 1 j`sp, + ~ 187 -~~___ ,~~j~ -0339 -0540 362 197 - - 18-8- - - (~ -0341 - - - - - - W 18-1014 18-1009 363 ~ 196 ~50.5~ 189 ~' -0543 -0342 W ................ .. . - '- '- - - ._ .. ------ ~ ................ ..;~~-0343....- 364 Q 195 ~ _ - -190- - - z LL -0543 + ~~ ------ Q -0344 Q 36 5 - -1 ~ ° ~; ~~-~"t~'34 191 s -0 7 .9 ~` x_0549 -0346.02 ~--- ~_ ~ -0548 ~.. '^ `~ ~~~..o ~ s vT-~. ~_Y' 'i ~~ z n ~ LnZARI -(1'~dQ MARION ALLEY VACATION LEGAL DESCRIPTION The alley to be vacated is described as the nortb/south alley between Lafayette and Main Streets from the south right-of--way of the vacated east/west alley to a point which is 37.5 feet southof the south right-of--way of the vacated eastlwest alley to the south end of the previously vacated alley for a distance of 113 feet and a width of 14 feet. Part located in the Original Town of South Bend, St. Joseph County, Indiana. 154 153 151 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1H3O CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS January 5, 2000 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation Dear Council Members: PHONE 219/235-9251 Fnx 219/235-9171 TDD 219/235-5567 In accordance with Municipal Code Section 18-53.8, favorable recommendation, with qualification, is submitted to the Common Council concerning the following alley vacation: The north/south alley between Lafayette and Main Street from the south-right-of--way of the vacated alley to a point which is 37.5 feet south of the south right-of--way of the vacated east/west alley to the south end of the previously vacated alley for a distance of 113 feet and a width of 14 feet. Part located in the original town of South Bend, St. Joseph County, Indiana. The Board of Public Works received favorable recommendations from the Engineering Department, Area Plan Commission, Department ofEconomicDevelopment, FireDepartment, Solid Waste, Police Traffic Department, and the City Attorney's Office, with conditions from the following: Engineering -Petitioner must record a public easement across his property that will allow northbound traffic access to another public right-of--way Area Plan Commission -Approval is subject to any utility easements that maybe required and to an access easement for alley traffic through the South Bend Medical Foundation property. Attachments JAMES R. CALDWELL LEWI$ N. POWELL, P.E. M. CATHERINE ROEMF.R