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Home My WebLink About10025-10 Vacation - Alley West half of the first East-West Alley South of NapoleonORDINANCE No. ,oo~s Passed by the Common Council of the City of South Bend, Indiana July 26, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana July 27, 20 ~ City Clerk President of Common Council City Clerk Approved and signed by me J u t y 2 7, 2010 20 10 ~'~f (;~~ d~'~` c~ ~ Mayer ORDINANCE NO , l ~ ~ ~ ~ - AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE WEST HALF OF THE FIRST EAST-WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY & THE FIRST NORTH-SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST.JOSEPH COUNTY, 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 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 ALLEY TO BE VACATED IS DESCRIBED AS THE WEST HALF OF THE FIRST EAST-WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY & THE FIRST NORTH-SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST.JOSEPH COUNTY, 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: Tax Key Number 18-5097-3422 Tax Key Number 18-5102-357901 2 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of properties located along Duey Avenue. 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 Attest: ity lerk Presented by me to the Mayor of the City of South Bend, Indiana on the 21-~ day of `~ , 2010 , at Cj `~ ~ 1- o' clock ~. M. ~~ City Clerk Approved and signed by me on the .2 ~ day of 2010, ateo'clock ~.M. 5 ~~ _N~ MAYOR, CITY O OUTH BEND, INDIANA 1 st READING ~ ~'~ Z'y ~~ PUBLIC HEARING ~ -L` .,~a rd READING ~ _Z4~ ~~~ ;OT APPROVFiD .EFERRED ,. PASSES `~ -~%~~~ ~~ ~`~' E`~E~i~ ~~ ~H~'C~o'~ ~~~~~~ JUL-72010 JO~ti ~003'G~ CC~f' C! R'i~4~, 50. BEt~9, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 37-10 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE WEST HALF OF THE FIRST EAST- WEST. ALLEY SOUTH OF NAPOLEON BETWEEN DUEY AND THE FIRST NORTH-SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Chairperson, Committee of the Whole PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: June 30, 2010 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: THE ALLEY TO BE VACATED IS DESCRIBED AS: THE WEST HALF OF THE FIRST EAST-WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUEY & THE FIRST NORTH- SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA NAME (signed & printed) & ADDRESS Tax Key Number City of South Bend. 18-5097-3422 227 W Jefferson Blvd. Suite 1200 Sout Bend, Indiana 46601 l~oiuAU2 ~ .Ly~S For City of South Bend. University of Notre Dame 18-5102-357901 836 Grace Hall Notre Dame, Indiana 46556 For University of Notre Dame /- f•..~ a ;;~ as ~~., h. ~`~ s5a t..:.:,c _,,.~.. _._----- JUL - 7 2010 PETITION TO VACATB PUBLIC ALLEY RIGHTS-OF-WAY TOs THE COMMON COUNCIL DATES June 30, 2010 OP THE CITY OF SOUTH SEND, INDIANA I (WE), THS UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATES THE ALLEY TO BE VACATBD TS DESCRIBED ASs THE WEST HALP OF THE FIRST BAST-WEST ALLEY SOUTH OF NAPOLEON BETWEEN DUE7C & THE FIRST NOATH- SOUTH ALLEY SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA NAME (signed & printed) & ADDRESS Tax Key Number City of South Bead. 18-5097-3422 227 W Jefferson Blvd. Suite 1200 South Send, Indiana 46601 For City of South Bend. IIniversity of Notre Dame 18-5102-357901 836 Grace Hall Notre Dame, Indiana 46556 __...~._. _ ~.. : _ L . ouT'_._. For Uaivers;it~~of Notre Dame r s ~,^"~ ~ ?.ae JUL - 7 2010 ,~, ~>; C! t-4 C , CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 _._.~.---- F ~ ~ S w ~. ,,,, y7 P rte. G<~I ~'A. e4.it^~sc ~ ~«~aF~ea-r ~, ~ ay ;y 1 i ~ ' ..~---~..e JUL-72010 ~~~ 'i .. ~._~._---~-__- .. ~a .. ;~.., ~. JQhi, V>rC~:r IN. CITY CLE%'r., ~`-`. uirND, 018-5102-3579,01 18-5102-3579,01 018-5100-3527 018-5102-3579,01 Na~ole 118' iv Alley to be Vacated 018-5097-3422 018-5102-3579.01 R150,0' 018-5097-3423 18-5100-3530 018-~d00-3533 018-5100-35 018-5097-3425 018-5097-3428 018-5097-3431 OJ OJ Q North QJ z Legal Description: The alley to be vacated is described as the ~ Nest half of the the first East-West alley South of Napoleon between Duey 8c the first North-South alley situated in Hartman and Woodworth's Plat to the City of South Bend, St. Joseph County, Indiana. 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND BOARD OF Mr. Greg Hakanen University of Notre Dame 910 Flarlner Hall Notre Darne, Indiana 4655b STEPHEN J. LUECKE, MAYOR PUBLIC WORKS June 28, 2010 PHONe 574! 235-9251 FAx 574/235-9171 TDD 574!235-5567 RE: Alley Vacation -The West Half of the First East/West Alley South of Napoleon between Duey & the First North/South Alley (Preliminary Review) Dear Mr. Hakaden: The Board of Public Works, at its June 28, 2010, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. 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. Mr. Phillip Griffin, NIPSCO, stated that there is an active gas line in the alley. The gas line feeds the South Bend Public Housing complex east of the alley. NIPSCO needs to maintain access to the 2- inch steel gas main for maintenance purposes and no structure is to be built over the gas line. Please contact Tonv Molnar at (574) 235-9254 prior to picking up vour 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, Lin a M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Cazl Littrell, Engineering Danch Harner & Associates GARYA. GILOT, P.E. DONALD E. INKS ~OHN H. MURPHY PRESIDENT MEMBER IVtEMBER INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 6/15/2010 TO: Andre Price, Solid Waste ~'ob Mathia, Community & Economic Development ,~rl Littrell, Engineering Department ;~hris Dressel, Community & Economic Development +/~edericv Rodriguez, Fire Department Jeff Gibney, Community & Economic Development s.~ohn Byorni, Area Plan Commission (jbyorni(a~co.st- joseph.in.us or 235-9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office t~Pt"iil Griffin, NIPSCO (pmgriffin(a)nisource.com) (FYI Only} FROM: Linda M. Martin, Clerk~~ SUBJECT: REQUEST FOR RECOMMENDATION -ALLEY VACATION APPLICANT: University of Notre Dame -Greg Hakaden LOCATION: The West Half of the First East/West Alley South of Napoleon Between.Duey and the First North/South Alley DATE DUE: 6/21110 FAX OR E-MAIL TO: 235-9171 / ImartinC~southbendin.aov RECOMMENDATIONS AND COMMENTS: BY Date From: Nancy Schrader To: Memo-Vacations Date: 6/15/2010 10:15 AM Subject: Alley Vacation Recommendation -Napoleon/Duet' Attachments: S45C-5I0061509570.pdf Please provide your recommendation. Thank you. Nancy Schrader city of South Bend Department of Engineering and Board of Pubtic Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235-9251 Fax: (574) 235.9171 This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 6115!2010 TO: Andre Price, Solid Waste Bob Mathis, Community & Economic Development Carl Littrell, Engineering Department Chris Dresses, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community ~ Economic Development John Byorni, Area Plan Commission (jbyorn~co.st- joseph.in.us or 235-9893 fax) Stephen Goen, Police Department Cheryi Greene, City Attorney's Office Phil Griffin, NIPSCO (m riffin(a~nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECD MENDATION -ALLEY VACATION APPLICANT: LOCATION: DATE DUE: FAX OR E-MAIL TO: University of Notre Dame -Greg Hakaden The West Half of the First East/Vllest Alley South of Napoleon Between Duey and the First North/South Alley 6/2111 d 235-917'! ! Imartin(ci)_southbendin.aov RECOMMENDATIONS AND COMMENTS: ~C% BY '.~ Date ~ /s /~ ,- -0~ .~F (6/16/2010) Linda Martin Re Aliejr Vacatio R commendation Na~o'~ean/Duey '~ Paye 1 From: <pmgriffin@NiSource.com> 70: "Nancy Schrader" <NJSCHRAD@southbendin.gov>, <fmartin@southbendin.gov> Date: 6/16/2010 9:55 AM Subject: Re: Alley Vacation Recommendation -Napoleon/Duey Attachments: S45C-510061509570.pdf NIPSCO has a 2-inch steel gas main in alley proposed to be vacated. This steel gas main feeds the SB Public Housing complex just east of aNey to be vacated. NIPSCO needs to maintain access to the 2-inch steel gas main for maintenance purposes. Structures cannot be built over gas facilities. Philip M. Griffin Project Engineer -South Bend LOA Office Phone: 574-284-2214 Mobile Phone: 574-220-3804 FAX: 574-284-2220 "Nancy Schrader" <NJSCHRAD@southbe ndin.gov> To <jbyorni@co.st-joseph.in.us>, 06/15/2010 10:15 <pmgriffin@nisource.com>, "Andre AM Price" <APRICE@southbendin.gov>, "Chris Dressel" <CDRESSEL@southbendin.gov>, "Cheryl Greene" <CGREENE@southbendin.gov>, "Carl Littrell" <CLITTREL@southbendin.gov>, "Federico Rodriguez" <frodrigu@southbendin.gov>, "Jeff Gibney" <jgibney@southbendin.gov>, "Robert Mathia" <RMATHIA@southbendin.gov>, "Stephen Goen" <SGOEN@southbendin.gov> cc "Nancy Schrader" <NJSCHRAD@southbendin.gov> Subject Alley Vacation Recommendation - Napoleon/Duey Please provide your recommendation. INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: x/15/2010 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission (jbyomi(u~co.st- joseph.in.us or 235-98'13 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phi! Griffin, NIPSCO (pmgriffin(a~nisource.com) (FYI Only} FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOIUIMENDATION -ALLEY VACATION APPLICANT: University of Notre Dame -Greg Hakaden LOCATION: ~ The West Half of the First East/WestAUey South of Napoleon Between Duey and the First Nor#h/South Alley DATE DUE: 6121110 FAX OR E-MAIL TO: 235-9171 I ImartinCr~southl~endin.~ov RECOMMENDATIONS AND COMMENTS: I have no objection this alley vacation request, however, the Engineering Department should be sure the proposed vacation will not interfere with plans for Eddy Street Knolls development BY ,~~'" L~~~y"-~~t~ Date ~~~'~~/~ From: Federico Rodriguez To: Nancy Schrader Date: 6/!,8/2010 10:23 AM Subject: Re: Ailey Vacation Recommendation -Napoleon/Duey Approved S.B.F.D Federico "Chico" Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574-235-7564(0) 574-235-9305(F} frodriou@southbendin.gov »> Nancy Schrader 6/15/201010:15 AM »> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235-9251 Fax: (574) 235-9171 This message may contain confidential and/or proprietary information and is intended for the personlentity to whom it was originally addressed. Any use by others is strictly prohibited. Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byomi Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 June 21, 2010 City of South Bend Board of Public Works 13`h Floor, County-City Building South Bend, Indiana 46601 ItE: Alley Vacation Applicant: University of Notre Dame, c% Greg Hakanen Vacation of the West Half of the First East/West Alley South of Napoleon Street between Duey Street and the First North/South Alley Dear Board Members: The staff has reviewed this petition. It is the staff s opinion that: (1) 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. It is our understanding that the alley will be vacated so that the property can be added to the adjacent parcels for residential development. Therefore, the vacation will assist in the growth and development of the Northeast Triangle area lying immediately south of the Eddy Street Commons redevelopment area. {2} The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The alley to be vacated and the approximate north 150 feet of the adjacent north- south alley to the east are unimproved alleys. These alleys or said portions thereof are currently impassible due to vegetation. (See the attached aerial photograph.) Since the alley being vacated does not provide any immediate access to adjacent parcels, the proposed alley vacation will not make access difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. There are no churches, schools, or other public buildings or places located near the alley to be vacated. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana (4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Said north-south alley east of the alley being vacated is improved south of the 150- foot unimproved and impassible area. This alley will continue to provide access to the multi-family housing development to the east. (See the attached aerial photograph.) Since the proposed alley vacation will not change any direct access or through access, the vacation will not hinder the use of any public way. Due to the above stated reasons, the staff recommends that the alley be vacated. Please contact our office if you have any questions or need any additional information. Sincerely, l~~,r,~ .s. sue= Derek Spier, AICP Planner Attachments: Aerial Map ENTER-OFFICE MEMORANDUM BOARD OF PUBLiC WORKS DATE SENT: 6f1512010 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dresses, Community & Economic Development Federico Radriguez, Fire Department Jeff Gibney, Community & Economic Development . John Byorni, Area Ptan Commission (~byomiCa?co.st- Loseph.in.us ar 235-9813 fax) Stephen Gaen, Police Department Cheryi Greene, City Attorney's Office Phif Griffin, NIPSCO (Ampriffin(a?nisource.com) (FYI Oniy) FROM: Linda M. Martin, Clerk ~'.t~ SUBJECT: REQUEST FOR RECOI~tMENDATtON -ALLEY VACATION APPLICANT: University of Notre Dame -Greg Hakaden ` LOCATION- ' The West Half of the First East/tNest Alley South of Napoleon Between Duey and the First NorthlSouth Alley DATE DUE: &!21/10 FAX OR E-MAIL TO: 235-9171 / ImartinCa~southbendin.gov RECOMMENDATIONS AND COMMENTS: BY Date