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HomeMy WebLinkAbout35-17 Alley Vacation- Karen Gindele at 835 Park Ave 831 Park Avenue South Bend,IN 46616 June 6,2017 Kareema N.Fowler,City Clerk Office of the City Clerk Filed in Clerk's Office South Bend Common Council South Bend,455 County-City Building 227 W.Jefferson Boulevard JUN 06 2017 South Bend,46601 KAREEMAH FOWLER Dear Ms.Fowler and South Bend Common Council Members, CITY CLERK,SOUTH BEND,IN I am petitioning the City of South Bend to vacate the east-west alley between me and my neighbor David Faulkner at 835 Park Avenue. Cars drive very close to my house,especially in the winter,and I am worried that they will slide into the house. (The actual passage-way at points is not wide.) Dave and I would like to landscape but keep the alley available to utility workers. I believe very few neighbors would be inconvenienced. i Thank you for your consideration. Cordially, Karen C. Gindele �.e1C� O d� WPEACE yi SOUTH BEND COMMON COUNCIL PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEY) DATE: June 6,2017 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: E/W Alley from Park Ave to First N/S Alley Between Manitou&Riverside APPLICANT parcel ID: 018-1017-0698 2. THE STREET DESCRIBED AS: Park Avenue, South Bend, IN 46616 Abutting Property Owner(s)Signatures: Name(print): Signature Address Lot Number 1. Bays,Timothy J&Terri L 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 • Fax 574-235-9173•TDD 574-235-5567•www.SouthBendIN.gov JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH R.MOLNAR CHIEF DEPUTY/CHIEF OF STAFF DEPUTY/DIRECTOR OF POLICY" ORDINANCE VIOLATION CLERK BILL NO. 35-17 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: EAST/WEST ALLEY FROM PARK AVENUE TO FIRST NORTH/SOUTH ALLEY BETWEEN MANITOU AND RIVERSIDE 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: EAST/WEST ALLEY FROM PARK AVENUE TO FIRST NORTH/SOUTH ALLEY BETWEEN MANITOU AND RIVERSIDE 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: BAYS, TIMOTHY AND TERRI L., LOT 66 CHAPIN PLACE Section IV. The purpose of the vacation of the real property is that cars drive too close to the north fagade of my house, especially in the winter, causing a safety hazard. 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 Kareemah N. 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The following comments and recommendations were submitted: Area Plan stated that 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. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Donna Hanson at(574)235-9254 prior to picldng 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, Lind M. Martin Clerk c: Federico Rodriguez,Fire Department Donna Hanson,Engineering Alkeyna Aldridge, City Clerk's Office GARY A.GIL6T SUZANNA M.FRITZBERG ELIZABETH A.MARADHC JAMES A.MUELLER THERESE J.DORAU