HomeMy WebLinkAboutVacate the East-West Alley Lying Between Lots 79 and 80 in Sorin's 2nd Addition Extending From St. Louis Street East to the First North-South Alley East of St. Louis StreetORDINANCE No.
10481 -16
Passed by the Common Council of the City of South Bend, Indiana
November 28
Attest:
Attest:
20 16
Presented by me to the Mayor of the City of South Bend, Indiana
November 28, 20 16
Approved and signed by me QeC e-Mbe Z to 20
City Clerk
President of Common Council
City Clerk
Mayor
Filed in Clerk's Office
AMENDED ORDINANCE NO. J D49?j f —11,0 I I NOV 10 2016
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBE P� KO1+�P+ r,wt�
CITY CLERK; SOUTH REND, IN
THE EAST -WEST ALLEY LYING BETWEEN LOTS 79 AND 80 IN SORIN'S
2ND ADDITION EXTENDING FROM ST. LOUIS STREET EAST TO THE
FIRST NORTH -SOUTH ALLEY EAST OF ST. LOUIS STREET.
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 public 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 EAST -WEST ALLEY LYING BETWEEN LOTS 79 AND 80 IN SORIN'S
2ND ADDITION EXTENDING FROM ST. LOUIS STREET EAST TO THE
FIRST NORTH -SOUTH ALLEY EAST OF ST. LOUIS STREET
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:
South One -half ( %2) of Lot 79 Sorin's 2nd Addition to the City of South
Bend (Tax Key 018 -5104- 3611),
common address 1020 N. St. Louis Boulevard
2. North 32.5 feet of Lot 80 Sorin's 2 Addition to the City of South Bend
(Tax Key 018 -5104- 361201),
common address 1018 N. St. Louis Boulevard.
SECTION IV. The purpose of the vacation of the real property is:
The alley sought to be vacated lies between Lot 79 and Lot 80, Sorin's Second Addition
to the City of South Bend. The alley runs the entire length of both Lot 79 and Lot 80.
The Petitioner owns the properties on both sides of the alley to be vacated. Petitioner
owns the vacant lot on the north side of the alley which has the common address 1020 N. St.
Louis Boulevard (South One -half (1 /2) of Lot 79; Tax Key 018 -5104 -3611) and the house on the
south side of the alley with the common address 1018 N. St. Louis Boulevard (North 32.5 feet of
Lot 80; Tax Key 018 -5104- 361201). Petitioner is the only abutting property owner. The alley
runs the length of both properties.
Petitioner wants to vacate the alley either to expand the yard of the house at 1018 N. St.
Louis Boulevard across what is now the alley to connect with the vacant lot at 1020 N. St. Louis
Boulevard, or to construct another house on the vacant lot at 1020 N. St. Louis Boulevard owned
by Petitioner.
The alley is not needed used for vehicular traffic. The alley is not used for trash pick -up
or for access to any property. Vacating the alley will enhance the neighborhood.
SECTION V. This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the yor.
Member of the o on ouncil
Attest:
City
Presented by me to the Mayor of the City of South Bend, Indiana on the 29+14 day of
2016, at q'.06 o'clock va- in.
10jeFk
Approved and signed by me on the L0441 day of kb OUTI% , 2016, at
L}'• 0 o'clock 12--m.
Filed in Clerk's Office
Mayor
NOV 102016
CITY CLERK, SOUTH BEND, IN
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TAX KEY No, 015 -5104 -3611
ADDRESS: 1020 ST, LOUIS BOULEVARD
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TAX KEY No. 018 - 5104 - 361201
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ADDRESS: 1018 ST, LOUIS BOULEVARD
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This informotion conloined herein hos been ossimiloted
from vorious public sources and
hos been compiled
to ossist in the placement of
o building or other structure on the
Iroct or porcel shown. This information is not intended to represent o boundory survey.
Builder is responsible for verifying complionce with local building setback requirements.
ALLEY VACATION
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Land Surveyors, Construction Engineers & Soil Scientists
SITE PLAN
715 South Michigan Street
South Bend, Indiana 46601
Phone 574- 233 -1841 Fax 574 - 674 -0374
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NEMETH, FEENEY, MASTERS & CAMPITI, P.C.
ATTORNEYS AT LAW
PETER J. NEMETH, of counsel
JAMES A. MASTERS
VINCENT M. CAMPITI
A. ROBERT MASTERS,
also admitted in Illinois
REINHOLD SCHROEDER, of counsel,
also admitted in Michigan
PETER S. NEMETH, of counsel
South Bend Common Council
4th Floor, County City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
Dear Members of the Common Council:
350 COLUMBIA STREET
SOUTH BEND, INDIANA 46601
TELEPHONE: (574) 234 -0121
(574) 233 -9449
TELEFAX: (574) 234 -3141
www.nfmlaw.com
October 24, 2016
NEW CARLISLE OFFICE:
109 EAST MICHIGAN STREET
P.O. Box 259
NEW CARLISLE, INDIANA 46552
TELEPHONE: (574) 654 -3722
PETER F. NEMETH (1915 -1995)
F. GERARD FEENEY (1918 -2004)
DEVERE D. GOHEEN (1912 -2000)
RE: Petition to Vacate East -West Alley
Between Lots 79 and 80 Sorin's 2 "a Addition
Ep
Enclosed is the Petition of the Petitioner and property owner, Blaire Adams RET, LLC, to Vacate
the first East -West alley between St. Vincent Street and Howard Street from St. Louis Boulevard to the
first North -South Alley east of St. Louis Boulevard.
The alley sought to be vacated runs between the vacant lot at 1020 N. St. Louis Boulevard on the
north side of the alley and the house at 1018 N. St. Louis Boulevard on the south side of the alley. The
Petitioner owns both properties. Petitioner is the only abutting property owner. The alley runs the
length of both properties.
Petitioner wants to vacate the alley either to expand the yard of the house at 1018 N. St. Louis
Boulevard across what is now the alley to connect with the vacant lot at 1020 N. St. Louis Boulevard,
or to construct another house on the vacant lot at 1020 N. St. Louis Boulevard.
The alley is not used for vehicular traffic. The alley is not well- maintained. The alley is not
used for trash pick -up or for access to any property. Vacating the alley will enhance the appearance of
the neighborhood. The Board of Public Works has given this vacation a favorable recommendation.
NEMETH, FEENEY, MASTERS & CAMPITI, P.C.
ATTORNEYS AT LAw
South Bend Common Council
October 24, 2016
Page Two
Your approval is requested. Any questions or comments should be directed to me as attorney for
the Petitioner.
JAM /slk
Enc.
cc: Blaire Adams RET, LLC
Very truly yours,
V