HomeMy WebLinkAbout26-17 Vacation- Replacing Ord. No. 10431-17 (Family Dollar)ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
1" NW alley running N approximately 170' and 14' wide from Indiana Ave., W. of High Street and E. of
Marietta 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:
15t NW alley running N approximately 170' and 14' wide from Indiana Ave., W. of High Street and E. of
Marietta 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:
LOTS 018 - 7029 -1145, 018 - 7029 -1144, 018 - 7029 -1131, 018 - 7029 -1130
Section IV. The purpose of the vacation of the real property is to conjoin the property
owners two properties.
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.
Tim Scott, Council President
South Bend Common Council
'be-
Kareemah N. Fowler, City Clerk
Office of the City Clerk
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Kareemah N. Fowler, City Clerk
Office of the City Clerk
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Peter Buttigieg, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
APR 0 6 2017
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND,!Njjl
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETS /ALLEY)
DATE: 4-1 LO / I q
To the Common Council of the City of South Bend, Indiana. I (we), the undersigned property owner(s),
petition you to vacate:
1. THE ALLEY DESCRIBED AS:
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oC �I t�4-, r-e,� aX,e\ eo.'sl- p4-' 4k1 e,�N
2. THE STREET DESCRIBED AS:
TAld1tI nCk
Abutting Property Owner(s) Signatures:
Name (print): Signature Address Lot Number
1.
2.
;A-
3
455 County-City Building - 227 W. Jefferson Boulevard - South Bend, Indiana 46601
Phone 574 - 235 -9221 - Fax 574- 235 -9173 - TDD 574 -235 -5567 - %vww.SouthBcndlN.gov
JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE JOSEPH R. MOLNAR
CHIEF DEPUTY/ CHIEF OF STAFF DEPUTY/ DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601 -1830
Andrew Pich
717 E Indiana
South Bend, IN 46613
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
February 14, 2017
PHONE 574/235 -9251
FAx 574/235 -9171
RE: Alley Vacation — 1St Half of the North/South Alley West of High Street, North of East Indiana
Avenue, East of Marietta (Preliminary Review)
Dear Mr. Pich:
The Board of Public Works, at its February 14, 2017, meeting, reviewed comments by the Engineering
Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the
Solid Waste Division. The following comments and recommendations were submitted:
Area Plan stated, per IC 36- 7 -3 -13, the vacation would not hinder the growth or orderly development of
the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make
access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation
would not hinder the public's access to a church, school or other public building or place. The vacation
would not hinder the use of a public right of way by the neighborhood in which it is located or to which
it is contiguous.
The Board noted the vacation would create a' t" intersection with the east/west alley and a taper needs to
be installed to allow for turning radius. Therefore, the Board of Public Works submitted a favorable
recommendation for the vacation of this partial alley subject to you installing a taper at the intersection of
the two alleys.
Please contact Donna Hanson at (574) 235 -9254 prior to picking up your radius map. You will need
a radius map showing properties within 150' of the proposed vacation for your petition to the Common
Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation
packet.
Sincerely, �Clerk
in a M. Martin
Federico Rodriguez, Fire Department
Donna Hanson, Engineering
Alkeyna Aldridge, City Clerk's Office
GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DoRAu
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