HomeMy WebLinkAboutVacation - a portion of East Madison Street -
ORDINANCE No. a,sa s,
Passed by the Common Council of the City of South Bend, Indiana
March 24,
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
March 25,
19
President of Common Council
19 97
City Clerk
Approved and signed by me 19
97
City Clerk
Mayor
ORDINANCE N0. ~~1~ ~ I
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION
OF EAST MADISON STREET, MORE PARTICULARLY DESCRIBED AS:
The South 12.5 feet of the original 82.5 foot
right-of-way from the East right-of-way of
North Notre Dame Avenue to the West right-of-
way of the first North-South alley East of
North Notre Dame Avenue and South of East
Madison Street, for a distance of
approximately 165 feet and also the South 12.5
feet of East Madison Street of the original
82.5 foot right-of-way from the East right-of-
way of the first North-South alley East of
North Notre Dame Avenue and South of East
Madison Street, to the West right-of-way of
North Frances Street for a distance of
approximately 165 feet.
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 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 South 12.5 feet of the original 82.5 foot
right-of-way from the East right-of-way of
North Notre Dame Avenue to the West right-of-
way of the first North-South alley East of
North Notre Dame Avenue and South of East
Madison Street, for a distance of
approximately 165 feet and also the South 12.5
feet of East Madison Street of the original
82.5 foot right-of-way from the East right-of-
way of the first North-South alley East of
North Notre Dame Avenue and South of East
Madison Street, to the West right-of-way of
North Frances Street for a distance of
approximately 165 feet;
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:
Lots Numbered 1 and 6 in Dunn & Myler's Subdivision
City of South Bend, Indiana.
SECTION IV.
property is to:
The purpose of the vacation of the real
Provide additional off-street parking for
Saint Joseph's Medical Center.
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.
D
Member of the Common Cou it
pUEL!C HEAPING 3'~ `~
Nor APPROVED
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CITY CL~F~t<, ::^~. t+'~t~, ±^~, I
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee
to whom was referred
BILL NO.
20-97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A
PORTION OF EAST MADISON STREET, MORE PARTICULARLY
DESCRIBED AS : THE SOUTH 12.5 FEET OF THE ORIGINAL 82.5
FOOT RIGHT-OF-WAY FROM THE EAST RIGHT-OF-WAY OF NORTH
NOTRE DAME AVENUE TO THE WEST RIGHT-OF-WAY OF THE FIRST
NORTH-SOUTH ALLEY EAST OF NORTH NOTRE DAME AVENUE AND
SOUTH OF EAST MADISON STREET, FOR A DISTANCE OF
APPROXIMATELY 165 FEET AND ALSO THE SOUTH 12.5 FEET OF
EAST MADISON STREET OF THE ORIGINAL 82.5 FOOT RIGHT-OF-WAY
FROM THE EAST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY
EAST OF NORTH NOTRE DAME AVENUE AND SOUTH OF EAST MADISON
STREET, TO THE WEST RIGHT-OF-WAY OF NORTH FRANCES STREET
FOR A DISTANCE OF APPROXIMATELY 165 FEET
Respectfully report that they have examined the matter and that in their opinion, this bill
is being sent to the Council without a recommendation.
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,STREET VACATION
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The street to be partially vacated is East Madison Street; more particularly described as the South
12.5 feet of the existing 82.5 foot right-of--way from the East right-of--way of North Notre Dame
Avenue to the Westright-of--way of the first North-South alley East of North Notre Dame Avenue
and South of East Madison Street, for a distance of approximately 165 feet. Also the South 12.5
feet of East Madison Street of the existing 82.5 foot right-of--way from the East right-of--way of the
first North-South alley East of North Notre Dame Avenue and South of East Madison Street, to the
West right-of--way of North Frances Street for a distance of approximately 165 feet. Part located
in Dunn & Myler's Sub., City of South Bend, St. Joseph County, Indiana.
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1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
PHONE 219/235-9251
Fax 219/235-9171
TDD 219/235-5567
CITY OF SOUTH FEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
March 24, 1997
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Vacation of an Alley
Dear Members of the Council:
In accordance with Municipal Code Section 18-53.8, an unfavorable recommendation is being
submitted to the Common Council concerning the Vacation of an alley, as follows:
The south 12.5 feet of the original 82.5 foot right-of--way from the East right-of--way of North Notre
Dame Avenue to the Westright-of--way of the first North/South alley East of North Notre Dame Avenue
and South of East Madison Street, for a distance of approximately 165 feet and also the South 12.5 feet
of East Madison Street of the original 82.5 foot right-of--way from the East right-of--way of the first
North/South alley East of North Notre Dame Avenue and South of East Madison Street, to the West
right-of--way of North Frances Street for a distance of approximately 165 feet
For your information, the Board of Public Works received favorable recommendations from the Fire
Department, Bureau of Sanitation, Area Plan Commission and the Police Department concerning this vacation,
subject to any utility easements that may be required. The Division of Engineering and the Department of
Community and Economic Development does not recommend this alley vacation.
Therefore, the Board submits to you an unfavorable recommendation concerning this vacation.
Sip~ely,
gela K. , a~ob, Clerl
Attachments
JAMES R. CALDWELL M. CATHERINE ROEMER