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REGULAR MEETING MAY 13, 2002 <br />BE VACATED IS THE FIRST EAST /WEST ALLEY <br />SOUTH OF NAPOLEON STREET FROM THE WEST <br />RIGHT OF WAY LINE OF FRANCES STREET WEST TO <br />A POINT FOR A DISTANCE OF 129.71 FEET AND A <br />WIDTH OF 14 FEET. BEING A PART OF SORIN'S 2ND <br />ADDITION TO THE CITY OF SOUTH BEND, ST. <br />JOSEPH COUNTY, INDIANA <br />Councilmember Varner reported that the Public Works and Property Vacation Committee met on <br />this bill and sends it to the Council with a favorable recommendation. He additionally advised that <br />the Council has received a favorable recommendation from the Board of Public Works concerning <br />this petition. <br />Mrs. Jessica and Mr. Dennis Payne, 1119 North Frances Street, South Bend, Indiana, made the <br />presentation for this bill. <br />Mrs. Payne advised that she and her husband are asking for the vacation of this alley primarily for <br />the safety of their children and their property. The alley has created a significant hazard for their <br />children with cars driving up and down the alley and not paying any attention to the residents. Also, <br />the close proximity of the alley to the rear of their house has created difficulties with people coming <br />into their yard and violating their property and their belongings. <br />This being the time heretofore set for the Public Hearing on the above bill, proponents and <br />opponents were given an opportunity to be heard. <br />There was no one present wishing to speak in favor of this vacation. <br />Ms. Judith Johns, CEO, Holy Cross Service Corporation, located on the campus of St. Mary's <br />College, advised that she is authorized by the Sisters of the Holy Cross to represent them in this <br />matter. Ms. Johns noted that the Sisters of the Holy Cross own the property from Notre Dame <br />Avenue to Frances Street along St. Vincent and they own all the property on the south side of the <br />alley in question and they wish for this alley to remain as is. <br />Mr. Gary Woods, Director of Asset Management, University of Notre Dame, noted that they own <br />the property at the northwest corner of the alley in question. Their basic point of contention is the <br />fact that since they do not own the property to the south of the alley and do not know what <br />development may be intended for that property in the long term, access to their particular property <br />could be in j eopardy. Therefore, they would not be in favor of having this alley vacated due to non - <br />access to their property. <br />There was no one else present wishing to speak in opposition to this bill. <br />In rebuttal, Mrs. Payne stated that in regards to the property owned by the University of Notre <br />Dame, this is one of the reasons that they have chosen not to ask for the entire alley from Frances <br />Street to Notre Dame Avenue be vacated. They are requesting that only the portion of the alley from <br />Frances Street to 129 feet at the rear of their property be vacated. The property from Notre Dame <br />Avenue to the center point would be left as a public right of way. Therefore, Notre Dame would <br />not risk losing their drive. <br />Councilmember Kirsits inquired if the property immediately to the south is owned by Holy Cross. <br />Ms. Johns from her seat in the audience, responded to this inquiry. <br />Mrs. Payne reiterated that the reason for not closing the entire alley is to continue to allow the <br />property on Notre Dame, which is owned by the University of Notre Dame, to continue to have use <br />of that alley as a driveway. In regards to the property owned by the Sisters of the Holy Cross, it is <br />In <br />J <br />J <br />1 <br />