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Home My WebLink AboutVacation- Priory LaneORDINANCE No. a~3~-ss Passed by the Common Council of the City of South Bend, Indiana December 9, 19 96 Attest: L TTA ~ DUDA Attest: ~6'~1~~+- ~ , Presented by me to the Mayor of the City of South Bend, Indiana December 10, City Clerk President of Common Council 19 96 Ciry Clerk Approved and signed by me ~na Q~,b.~ /~, 19 Mayor ORDINANCE NO. ~ ~~ ~kj _ ~AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The street to be vacated is described as Priory Lane; from the north right-of- way line of Topsvrood Lane to dead end for a distance of approximately 155 feet in length and a width of 50 feet. Part situated in Topsfield II, Part I in the City of South Bend, Indiana. 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 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. n the petition to vacate the following property: The street to be vacated is described as Priory Lane; from the north right-of- way line of Topswood Lane to dead end for a distance of approximately 155 feet in length and a width of 50 feet. Part situated in Topsfield II, Part I in the City of South Bend, Indiana. 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: Lot #25 and Lot #35 as shown on the recorded Platt of Topsfield II, Part I. SECTION IV. The purpose of the vacation of the real property is to: To prevent future traffic flow from disrupting the tranquility of the current neighborhood and to maintain the integrity of the neighborhood for future use by the property owners. 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. Member of the Common Council 1st READING (~ ~ ~~ ' ~~ PUBLIC HEARING ~;~-- ~/- ~~ 3 rd READING ~~ , ~_ c~~ NOT APPROVED ~EfERRED PASSEfl /~ -- ~_ ~~ Filed in Clerk's Offiee J U L 3 0 1996 LORETTk J. DUDA CITY CLERIC, SO. BEtdD, IN. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL ND. 61-96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS DESCRIBED AS PRIORY LANE; FROM THE NORTH RIGHT-OF-WAY LINE OF TOPSWOOD LANE TO DEAD END FOR A DISTANCE OF APPROXIMATELY 155 FEET IN LENGTH AND A WIDTH OF 50 FEET. PART SITUATED IN TOPSFIELD II, PART I IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and because of a lack of a quorum, this bill comes to the Council without a recommendation. Sean Coleman Chairman pETTmION 'i'0 VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE July 23, 1996 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The (1st/2nd) (east-west/north-south) ALLEY (east-west/north-south) of STREET, RUNNING east-west/north-south) FROM STREET, FOR A DISTANCE OF APPROXIMATELY FEET TO: ALL IN (Insert subdivision name) B. THE STREET DESCRIBED AS: STREET, FROM Topswood Lane STREET, RUNNING (east-west north-south)TO Dead End STREET, FOR A DISTANCE OF APPROXIMATELY 180 FEET. (printed and signed) ADDRESS LOT # 2407 Topswood Lane South Bend, IN 46614 35 2407 Topswood bane South Rend, IN 46614 35 2357 Topswood Lane south Rend, IN 46614 ?5 2357 Topswood Vane South Bend, IN 46614 25 Name: Michael A. Trippel, Fsa. Address: P.O. Rox 1?.10 Mishawaka, _T_N 46546-1210 Phone (219) 256-5660 Loretta J. Duda City Clerk Room 455, County-City Building South Bend, Indiana 46601 (219-235-9221) Filed in Clerk's Office J U L 3 0 1095 L.ORETTA J. DUDA CITY CLERK. SO. BEND. IN. William Hindsl~y 1 Patrice Hindsley STREET VACATION The street to be vacated is described as Priory Lane; from the north right-of-way line of Topswood Lane to dead end for a distance of approximately 155 feet in length and a width of 50 feet. Part situated in Topsfield II, Part I in the city of South Bend, Indiana. I ~ 0003 I ?8.55 I j c6-1001 I 1 I I .~ I i~v , I C.~~~ I 0OO1.o/ ~ Flled in Clerk's Office m i J U L 3 0 1996 ~ ~ I LORETTA J. DUaA CITY CLERK. X30. BEHD, lFl. \ i ~'_`__ I I 1 , ~. `h~ Pev~~td GPY~~V"1 1989 .__...~.•. ~aai TOPSFIELD ^REPL A T MINOR SUB .. p. MAY, AEPLAT .~ i 26-1001 ,~ 000/.03 h h ~Q OQ ~'~ O ~ °5 .'~~' ~. ~ °~. ~ ~ 0o ey ~~`'s ~ y° 0~ ~~?~ ,~4• G 26-1001 ° ~° a tr1Q' 44. ~`' 's 2O ," -000/.04 ~"~ ~O o~°~ i I ~ ~0 ~'~ . - ooo~ 13 h tq Ay ^t, ~ '~ i4 ~~3• 0` 4\' sy h i o t '36- ~r ~ h 6 y0 s67y 1° ~ 5• ~ °o ~ wh I ~~ e0' `,~5. n 5°O 1Uk 5 ~ 9 iq ..Q ~c R ~ i ~ ~ a ~6 4~G.06 ~. ~5 ~ r~•000/•48 ,~ w ~~ ? ~~ 0 iG. q. / ~ ~ ,o~ ~. ,,.os ti 33.0 d bJ A P •~ A v/ of s I(/~.~1 ~9-0/l .~ so P., - 2 1. ~ P V 4 JV Qf V pqx ?~ ~~ no ~ v° ~ - 0/2 / ~ Or ~~i, 9a -oao~3o ~ r` Q ~ '°,r yy 5` ~~ ~ .. tt O O ~ °~c~ w B ~ r ~ n ,~ Ito. ~~ ~~ a ~ /. o ~ ~ ~? h M /R B MS ~4 was ~ °~.i ,GS.oa sa.~ ,b ~y s3 ,3F~ h° 5~• „s ,~ ~ 26-1001 v`'~ Q•~ P~. aoo~ ~ o~ / ~., Bo ~ ~1 \`y 6 ~ ~~ a o , TOPSFIELD II U ~ ~~ '/ Zi `` ~ ~ ~ °1~ Cit of South Bend ~T, ; ~M~i~a~~ Joseph E. Kernan, Mayor Board o~ Public works August 26, 1996 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of Street Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, an unfavorable recommendation is being submitted to the Common Council concerning the Vacation of a Street on the following: The street to be vacated is described as Priory Lane; from the north right-of--way line of Topswood Lane to dead end for a distance of approximately 155 feet in length and a width of 50 feet. Part situated in Topsfield II, Part I in the City of South Bend, Indiana. For your information, the Board of Public Works received favorable recommendations from the Department of Sanitation, Fire Department, and the Police Department concerning this vacation. Mr. Leszczynski advised that the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from the Area Plan Commission, Department of Economic Development and the Department of Public Works, as follows: The Engineering Division stated that the right -of--way of Priory Street was platted for the specific use of future expansion of the property to the north; Area Plan stated that the request does not meet the standards for vacation, nor does it support good planning concepts; and the Department of Community and Economic Development stated that Priory Lane is the only means of a secondary access to a parcel directly north of Priory Lane, in addition to being in the position to provide the connection to the continuity of the developing internal traffic circulation pattern. Copies of the recommendations received from these departments are attached for your review. Therefore, the Board submits to you an unfavorable recommendation concerning this vacation. Sincerely, Angela .Jacob, Cl Attachments 1308 County-City Building • South Bend, Indiana 46601.219/235-9412 • TDD (219) 235-5567 John E. Leszczynski James R. Caldwell Jenny Pitts Manier INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: ~ Larry Spradlin, Engineering Department Jim VoII,~Area Plan Commission Larry Magliozzi, Department of Economic Development Chief Luther Taylor, Fire Department Alonzo Adams, Solid Waste Captain Lany Blume, Police Traffic Department Anne Bruneel, City Attomely/'~s.~Office FROM: Angela K. Jacob, Clerk ~T''(- RE: Street Vacation DATE: August 9, 1996 Attached for your review and recommendation is the following street vacation: The street to be vacated is described as Priory Lane; from the north right of way line of Topswood Lane to dead end for a distance of approximately 155 feet in length and a width of 50 feet. Part situated in Topsfield II, Part I in the City of South Bend. I would appreciate receiving your comments and recommendation concerning this street vacation_ no later than Thursday. August 22 1996 ~ COMMENTS 8 RECOMMENDATIONS. /f/S?~~i?~li~l~JT ~t.~.'G~~i~I~? -~cnd1 ~*,~ st ~''F~~ `,~~'':~.!. c / /f'-~dIJ , 'trcjF~G ~1~' ~/~.8_,i~r~~s~v'`J aFTlfrsf~iG~/t->~1 ~ ~~ ~•G~~f. B I:~~~~'~~'~,~~~"=~ DATE: ~~ /~"~T 'AUG.i~i '96 12~13PM SO. BEND FIRE DEPT. 219 2849305 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Larry Spradlin, Engineering Department Jim Votl, Area Plan Commission Larry Magliozz(, Department of Economic Development Chief Luther Taylor, Fire Department Alonzo Adams, Solid Waste Captain Larry Blume, Police Traffic Department Anne Bn,neel, City Attorney's Off(ce FROM: Angela K. Jacob. Clerk RE Street Vacation DATE: August 9, 1996 P. 1, o ~~~~~~ ~ p~G .91996 ~ °ar Attached for your review and recommendation is the following street vacation: The street to be vacated is described as Priory Lane; from the north right of way line of Topswood Lane to dead end for a distance of approximately 15b feat in length and a width of 50 feet. Part situated in Topsfield I1, Part I in the City of South Bend. 1 would appreciate receiving your comments and recommendation concerning this street vacation np.l~ter than T'hursday„~gqust ~~_ saga ~ COMMENTS 8~ RECOMMENDATIQNS• -- ~~~i~ _ y o ~ G~ro..~ S . '/ , ~6~ ..::, interoffice M E M O R A N D U M Department of Community & Economic Development Division of Planning & Neighborhood Development 235-9660 To: Angela Jacob From: Larry Magliozzi Subject: Request to Vacate Priory Lane Topsfield II, Part I Subdivision Date: August 13, 1996 The Division of Planning and Neighborhood Development has reviewed the above-noted request to vacate Priory lane We recommend that the request be denied, and that Priory Lane remain a dedicated public right-of--way. Modem subdivision design principles, reflected in the City of South Bend Subdivision Regulations, dictate that the design of new streets consider the long term effect of internal traffic circulation patterns. Whin new subdivisions are reviewed; a variety of factors aze consider, such as the proposed land use, configuration and zoning of adjacent properties, and existing and desired street layouts and circulation pattens. It is not desirable to limit circulation options, since that has the potential of placing greater traffic emphasis on fewer streets. Interconnectivity of streets provides more efficient circulation for school buses, postal delivery, sanitation trucks, and emergency vehicles. There is a 28.5 acre vacant pazcel directly north of Priory Lane. This parcel is appropriately zoned "A" residential and has approximately 500 feet of frontage on Ironwood Road. Priory Lane is the only means of secondary access to the parcel, in addition to being in the position to provide the connection to the continuity of the developing internal traffic circulation pattern. Lm/lots37 :~ -AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY-CITY BUILDINC3, SOUTH BEND, IN. 46601 August 20, 1996 The Board of Public Works 13th Floor, County City Building South Bend, Indiana 46601 ]tE: Street Vacation -Priory Lane Dear Board Members: (219) 235-9571 FAX (219) 235-9813 The Staff has reviewed this petition relative to IC 36-7-3-13. It is the Staff's opinion that the request does not meet the standards for vacation, nor does it support good planning concepts. The City Subdivision Ordinance requires that all existing stub streets from adjoining subdivisions be continued into new residential developments as land develops. Without the connections, services such as snow removal, mail delivery, school bussing, and police patrol become more difficult, time consuming, and costly. There are also public safety issues associated with the connection of subdivisions as they make it less difficult for ambulances and fire trucks to provide service to the subdivision. If for some reason a street is blocked emergency vehicles should have an alternative means of access to the area. The -Staff recommends that this petition be denied. Sincerely, .e (~~ mes Voll Planner ServlnA: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Larry Spradlin, Engineering Department Jim Voll, Area Plan Commission Larry Magliozzi, Department of Economic Development Chief Luther Taylor, Fire Department Alonzo Adams, Solid Waste ~CCaptain Larry Blume, Police Traffic Department Anne Bruneel, City Attorney's Office FROM: Angela K. Jacob, Clerk RE: Street Vacation DATE: August 9, 1996 Attached for your review and recommendation is the following street vacation: The street to be vacated is described as Priory Lane; from the north right of way line of Topswood Lane to dead end for a distance of approximately 155 feet in length and a width of 50 feet. Part situated in Topsfield II, Part I in the City of South Bend. I would appreciate receiving your comments and recommendation concerning this street vacation no later than Thursday August 2 1996 BY: TE: d $ ~ drJl~, /~~l C.-, G~O/f1d~d~c~ i ., INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Larry Spradlin, Engineering Department Jim Voll,'Area Plan Commission Larry Magliozzi, Department of Economic Development Chief Luther Taylor, Fire Department XAlonzo Adams, Solid Waste Captain Larry Blume, Police Traffic Department Anne Bruneel, City Attome1y/'~s.~Office FROM: Angela K. Jacob, Clerk ~,l"(I RE: Street Vacation DATE: August 9, 1996 Attached for your review and recommendation is the following street vacation: The street to be vacated is described as Priory Lane; from the north right of way line of Topswood Lane to dead end for a distance of approximately 155 feet in length and a width of 50 feet. Part situated in Topsfield II, Part I in the City of South Bend. I would appreciate receiving your comments and recommendation concerning this street vacation~o later than Thurs ay~gust ~2 1996 ~ COMMENTS 8 RECO'M•M1ENDATIONS• W ~_~- BY: _ ~.b.d,~,~~ DATE: 4 " ~ ~,- ~ Vl ' ,~ ~ RECENEO AUG 2 1 1996 C1ty of South Bend DtY~ iD~ EnglnearlnB