HomeMy WebLinkAboutVacation - Tutt Street from west of South Michigan St. - part located in Garst's 1st addition•. .~
ORDII~IAI~IC~ Igo.
Passed by the Common Council of the Ciry of South Bend, Indiana
November 24. 19 97
Attest:
Attest:
A J.
Presented by me to the Mayor of the City of South Bend, Indiana
November 25, 19
LORETTA ,r D
Approved and signed by me
November 26,
City Clerk
President of Common Council
97
19 97
City Clerk
8842-97
Mayor
ORDINANCE NO . ~~~~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The street to be vacated is Tutt Street from the West
right-of-way of South Michigan Street to the East
right-of-way of the first North-South alley West of
South Michigan Street for a distance of approximately
103 feet and a width of 50 feet. Part located in
Garst's 1st addition to 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 ways or public places within the City.
The following Ordinance vacates the above described public
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CONII~iON 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 street to be vacated is Tutt Street from the West
right-of-way of South Michigan Street to the East
right-of-way of the first North-South alley West of
South Michigan Street for a distance of approximately
103 feet and a width of 50 feet. Part located in
Garst's lst addition to 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,
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. Schafer Gear Works, Inc.
814-820 N. Main
South Bend, IN 46618
Lots 257 & 258 and West half of vacated alley
Lots 109 & 110 and East half of vacated alley
Lots 211 & 212 ex. 34 feet South side each and East
half of the vacated alley
Lot 1 and South half of vacated Tutt Street North
Lots 213 through 220 ex. 24.5 feet of the South end for
Street and Lots 211-212 and 260 and East-West and
North-South vacated alleys
B. Arthur R. Leinen, Jr.
755 S. Michigan
South Bend, IN 46618
Lots 108 & 107
C. Thomas A. Decocker
765 S. Michigan Street
South Bend, IN 46601
Lot 106 and 15 feet of North side of Lot 105
D. Maranatha Temple, Inc.
760 S. Michigan Street
South Bend, IN 46601
50 feet of the North side Lot 15 and Par. 80 feet X
126.33 feet of the Southwest corner Lot 15
SECTION IV. The purpose of the vacation of the real
property is to:
1) facilitate the expansion of the Center for the
Homeless ("CFH") to house and provide services for more
homeless persons, particularly homeless families in St.
Joseph County, and
2) to construct a courtyard between CFH residential
facility at 813 S. Michigan Street and CFH social
service facility at 765 S. Michigan Street, which
courtyard will contain a bus turn-around, a play area
for children, and a green space for adults, separated
by walkway from the residential facility to the social
service facility.
SECTION V. This ordinance shall be in full force and effect
from and after its passage by the Common Council, approval by the
Mayor, subject to a written easement from CFH to the property
owner of Lots 107 and 108 to permit access, with the Easement
Agreement being recorded at the petitioner's expense.
1st READWG ~Q-- ~J -~'f 7
r suc HEARING ~ ~ ,~y- q Member of the Common Co cil
rd READWG ~l- ~1./.q-~ /
JT APPROVED
rERRED q /~
PASSED ~I'~~I ~ !7 f'fS ~~~I~~~IO~C~
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred
BILL NO.
96-97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
STREET TO BE VACATED IS TUTT STREET FROM THE WEST RIGHT-
OF-WAY OF SOUTH MICHIGAN STREET TO THE EAST RIGHT-OF-WAY
OF THE FIRST NORTH-SOUTH ALLEY WEST OF SOUTH MICHIGAN
STREET FOR A DISTANCE OF APPROXIMATELY 103 FEET AND A
WIDTH OF 50 FEET. PART LOCATED IN GARST'S 1ST ADDITION TO
THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommended to the Council favorably, as amended as follows:
Add to Section V -strike "and" before the word "approval"
strike "." after "Mayor"
Add: , subject to a written easement from CFH to the
property owner of Lots 107 and 108 to permit
access, with the Easement Agreement being
recorder at the Petitioner's expense.
Sean Coleman
Chairman
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
TO: THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA DATE : ~' ~t~3t~- l9~1~"
WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE:
THE STREET DESCRIBED AS TUTT STREET FROM THE WEST RIGHT-OF-WAY OF
SOUTH MICHIGAN STREET TO THE EAST RIGHT-OF-WAY OF THE FIRST
NORTH-SOUTH ALLEY WEST OF SOUTH MICHIGAN STREET FOR A DISTANCE OF
APPROXIMATELY 103 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN
GARST'S 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA.
NAME ADDRESS LOT
CENTER FOR THE HOMELESS, INC. 765 S. Michigan Street 103-105
South Bend, IN 46601
signed• ~~1~ (,~~GC~.~.
•Rev. Richard Warner, President
signed• t,N+~` !~a^^--
Lou Nanni, Executive Director
UNIVERSITY OF NOIRE DAME 813 S. Michigan Street 96-102
South Bend, IN 46601
signed • ~~'o'`u""C ~ • ~"
•Rev. Edward M Ioy, C.S.C., President
Loretta J. Duda
City Clerk
County-City Building, Room 455
South Bend, Indiana 46601
219-235-9221
Contact Person:
Name: DREW BUSCARENO
Address: Center for the Homeless
765 S. Michigan Street
South Bend, IN 46601
Phone: 219-282-8700
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18-3041
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8-3041
STREET VACATION
THE STREET TO BE VACATED IS TUTT STREET FROM THE WEST RIGHT-OF-WAY OF
SOUTH MICHIGAN STREET TO THE EAST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH
ALLEY WEST OF SOUTH MICHIGAN STREET FOR A DISTANCE OF APPROXIMATELY'103 FEET AND A
WIDTH OF 50 FEET. PART LOCATED IN GARST'S 1ST ADDITION TO THE CITY OF
SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.
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SAMPLE ST.
1316 COUNTY-CITY BUILDING
$OUTFI BEND, INDIANA 46601-1830
PHONE 219/235-9251
Fax 219/235-9171
TDD 219/235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOK
T~OARD OF PUBLIC STORKS
October 27, 1997
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Vacation of a Street
Dear Members of the Council:
In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being
submitted to the Common Council concerning the Vacation of a Street, as follows:
The street to be vacated is Tutt Street from the west right-of--way of South Michigan Street
to the east right-of--way of the first north-south alley west of South Michigan Street for a
distance of approximately 103 feet and a width of 50 feet. Part located in Garst's 1st addition
tot he City of South Bend, St. Joseph County, Indiana.
Mr. Caldwell advised that the Board is in receipt of favorable recommendations concerning this
Vacation Petition from the Police Department, Fire Department, Area Plan Commission, Division of
Engineering, Bureau of Sanitation and Department of Economic Development. In addition, the Fire
Department has recommended that the existing fire hydrant be replaced if it is removed.
Therefore, the Board submits to you a favorable recommendation concerning this vacation.
S' cerely,
~ ~ ~ ~
Bela I~. acob, Cl rk
Attachments
JAMES R. CALDWELL M. CATHERINE ROEMER