HomeMy WebLinkAboutVacation - Street - West Navarre from east right-of-way of North Main Street to the East right-of-way of North LafayetteORDINANCE No. so~asa
Passed by the Common Council of the City of South Bend, Indiana,
June 14,
Attest:
Attest:
19 99
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
June 15,
President oJCommon Council
19 99
City Clerk
LORETTA J. D
Approved and signed by me June 15 ,
19 99
~-~-
Mayor
ORDINANCE NO. 1 00 ~ ~ ~~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY
WEST NAVARRE STREET FROM THE EAST RIGHT-OF-WAY OF NORTH MAIN STREET TO THE
EAST RIGHT-OF-WAY OF NORTH LAFAYETTE STREET FORA DISTANCE OF APPROXIMATELY
443 FEET AND A WIDTH OF 82.5 FEET. PART LOCATED IN SOUTH BEND (ORIGINAL TOWN),
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:
WEST NAVARRE STREET FROM THE EAST RIGHT-OF-WAY OF NORTH MAIN STREET TO THE
EAST RIGHT-OF-WAY OF NORTH LAFAYETTE STREET FORA DISTANCE OF APPROXIMATELY
443 FEET AND A WIDTH OF 82.5 FEET. PART LOCATED IN SOUTH BEND (ORIGINAL TOWN),
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:
Lot A Memorial Hospital Replat as shown on the recorded plat in the
Office of the Recorder of St. Joseph County, Indiana as Instrument
No. 9333069 and lots 198 and 187 in South Bend (Original Town)
subdivision.
SECTION IV. The purpose of the vacation of the real property
is to:
Permit the enlargement of the emergency department, obstetrics and
child birthing department, a new entrance for ambulances to the
emergency department of the hospital and a new public entrance for
the parking garage adjacent to the emergency department.
SECTION y. This ordinance shall be in full force and effect
from and after its passage by the Common Council and approval by
the Mayor.
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LOFrTTA J. Qi1~J15
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Member of the Common Council
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
40-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
WEST NAVARRE STREET FROM THE EAST RIGHT-OF-WAY OF
NORTH MAIN STREET TO THE EAST RIGHT-OF-WAY OF NORTH
LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY
443 FEET AND A WIDTH OF 82.5 FEET. PART LOCATED IN
SOUTH BEND (ORIGINAL TOWN), 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.
Charlotte Pfeifer
Chairman
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL DATE: May 11, 1999
OF THE CITY OF SOUTH BEND INDIANA
THE UNDERSIGNED PROPERTY OWNER PETITIONS YOU TO VACATE:
A portion of Navarre Street described as:
WEST NAVARRE STREET FROM THE EAST RIGHT-OF-WAY OF NORTH MAIN STREET TO THE EAST
RIGHT-OF-WAY OF NORTH LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY 443 FEET
AND A WIDTH OF 82.5 FEET. PART LOCATED IN SOUTH BEND (ORIGINAL TOWN), CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA.
The reasons for the Petition to Vacate the above portion of Navarre Street are to permit the
enlargement of the emergency deparhnent, obstetrics and child birthing department, construction of a new
entrance for ambulances to the emergency department of the Hospital and construction of a new public
entrance for the parking garage on Navarre Street which is immediately west of and adjacent to the
emergency department of the Hospital. An urgent need exists for the enlargement of the above portions of
the Hospital which are very heavily used by the public and for a new ambulance entrance and new garage
access for visitors to the enlarged areas provided. Due to space limitations within the Hospital and the
parking garage, it is necessary to utilize a portion of West Navarre Street for this expansion.
The undersigned Petitioner requests approval of this Petition.
PROPERTY OWNED BY PETITIONER WHICH
ABUTS THE PORTION OF WEST NAVARRE
STREET FOR WHICH VACATION IS
IMF (minted and signedl ADDRESS $E_(~[ IF4TFD
MEMORIAL HOSPITAL 615 N. Michigan St. Lot A Memorial Hospital Replat as
OF SOUTH BEND, INC. South Bend, IN shown on the recorded plat in the
46601 Office of the Recorder of St. Joseph
County, Indiana as Instrument No.
9333069
MEMORIAL HOSPITAL OF SOUTH BEND, INC.
BY:
Bruce R. Bancroft
Legal Counsel
LORETTA J. DUDA
CITY CLERK
ROOM 455
COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
SBDS02 BRB165757
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CONTACT PERSON:
Bruce R. Bancroft, Esq.
Barnes & Thornburg
600 1st Source Bank Center
100 North Michigan
South Bend, IN 46601
(219)233-1171
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STREET VACA'X'XGN
LEGAL Db'SCRIPTION
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The street to be vacated is West Navaae Strcct from the east right-of--way of N. Main Street to
the east right-af-way of N. Lafayette Street for a distance of approximately 443 fcct and a width
of 82.5 feet. Part located in South Bcnd Original Town, City of nseph..Coiui
Indiana. Containing .82 acres. ~j~0a~ ~Qe ~s0i'~~'~ ~~7i~
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1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1H3O
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
June 14, 1999
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Street Vacation
Dear Members of the Council:
PHONE 219/235-9251
Fnx 219/235-9171
TDD 219/235-5567
In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being
submitted to the Common Council concerning a street vacation, as follows:
West Navarre Street from the east right of way of North Man Street to the east right of way
of North Lafayette Street for a distance of approximately 443 feet and a width of 82.5 feet.
Part located in South Bend (Original Town), City of South Bend, St. Joseph County, Indiana.
For your information, the Board of Public Works received favorable recommendations from
the Fire Department, Bureau of Sanitation, Division of Engineering, Department of Community and
Economic Development, AreaPlan Commission and the Police Department concerning this vacation,
subject to any utility easements that may be required. The Division of Engineering and Area Plan
stated that vacation of the street should be subjected to aturn-around being provided where Main
Street will dead-end.
Therefore, the Board submits to you a favorable recommendation concerning this vacation.
' cerely,
,~
Angela . Jaco ,Clerk
Attachments
JAMES R. CALDWELL LEWIS N. POWELL, P.E. M. CATHERINE ROEMF.R