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- _. _ s <br />1316 COUNTY-CITY BUILDING <br />SOUTH BEND, INDIANA 46601-1830 <br />PHONE 219/235-9251 <br />Fnx 219/235-9171 <br />TDD 219/235-5567 <br />CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR <br />BOARD OF PUBLIC WORKS <br />March 10, 1997 <br />Members of the Common Council <br />Council Chambers <br />County-City Building, 4th Floor <br />South Bend, Indiana 46601 <br />RE: Vacation of an Alley <br />Dear Members of the Council: <br />In accordance with Municipal Code Section 18-53.8, an unfavorable recommendation is being <br />submitted to the Common Council concerning the Vacation of an alley, as follows: <br />The first east-west alley south of East Monroe Street from the west right-of--way line of South St. Joseph <br />Street to the east line of the first north-south alley west of South Saint Joseph Street for a distance of <br />approximately 165 feet and a width of approximately 14 feet. Part situated in the Taylor Field Addition <br />in the City of South Bend, St. Joseph County, Indiana. <br />For your information, the Board of Public Works received favorable recommendations from the Fire <br />Department, Department of Economic Development, Bureau of Sanitation, and the Police Department concerning <br />this vacation, subject to any utility easements that maybe required. The Area Plan Commission has reviewed <br />the petition, and it is in their opinion that is does not meet the test of LC. 36-7-3-13(2) in that, "The vacation <br />would make access to the lands of the aggrieved person by means of a public way difficult or inconvenient." <br />Vacation of this alley would deny access to the parcel on the south side of the alley located on the back third of <br />Lot 13. Seven feet (half of the vacated alley) will not be sufficient for a vehicle to access the parking area located <br />on this property. In addition, the property owner of the back third of Lot 13 and the property owner adjacent to <br />the alley to the north have not signed the petition to vacate. While this may not affect the legality of the petition, <br />it is the opinion of Area Plan that it is important to note that the property owner who will be dined access by this <br />vacation has not signed the petition to vacate. The Division of Engineering concurs with Area Plan. <br />Therefore, the Board submits to you an unfavorable recommendation concerning this vacation. <br />Attachments <br />JAMES R. CALDWELL <br />S' cerely, <br />gela K acob,~lerk~ / ~~'~ <br />M. CATHERINE ROEMER <br />