9521-04 Vacation - Alley - Niles, Cedar, Madison,

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Area F'fan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 June 11, 2004 The Board of Public Vt~orks 13`I' Floor, County-City Building South Bend, Indiana 46601 RE: Right-of--way Vacations -Generally described as the first North/South alley East of Niles Avenue from Madison Street running South approximately 198'; the first North/South alley East of Niles Avenue from Madison Street to Cedar Street; and the first North/South alley East of Niles Avenue from Cedar Street running North approximately 198'. Dear Board Members: The staff has reviewed this petition relative to IC 36-7-3-13. It is the staff's opinion that: (1) The vacation 1t~ould not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation tia~ould make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation tia~ould not hinder the public's access to a church, school, or other public building or place. (4) The vacation tit~ozrld hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The Staff recommends that these right-of--ways not be vacated until the petitioner owns all the properties contiguous to these right-of--ways. It appears that this will also create dead-end alleys at the north and south points. Sincerely, Andrew Videkovich Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~--i