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Home My WebLink About9798-07 Vacation Alley Miami Ewing Oak ParkORDINANCE No. 9798-07 Passed by the Common Council of the Ciry of South Bend, Indiana October 22, Attest: Attest: 20 07 Presented by me to the Mayor of the City of South Bend, Indiana October 22, 07 20 City Clerk President of Common Council City Clerk Approved and signed by me nr-r_~hn r ~4 20 ~ ~ ,~,~ /l ~~c.~ Mme, SECTION IV. The purpose of the vacation of the real property is to allow the owners to benefit from the most applicable use of their property which lies adjacent to the petitioned alley and contains 100% of the alley's frontage. 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. ~----~ ~ 19- Mem er of the mmon Council Attest: ity CI rk Presented by me to the Mayor of the City of South Bend, Indiana on the 23~ day of ~,~ , 2001, at ~`~ ~ o'clock `per. m. ~~~ CityCe k ~~~~~ fL Approved and signed by me on the ~ day of L~'~~~ , 2001, at •' 3~~ o'clock ~ .m. Mayor, City o South Bend, Indiana (Code §2-9(v)(9) 'I st READING ~ ~ ~ ~ ~ ~_ PUBLIC NEARING ~ t7-LZ ~~ 3rd READING LO -LZ-~ ~ N07 APPROVED REFERRED QASSED ~ fl _ Z2- ~~ f''-~~ . ` '•n Clerk's ®fifi~cc . __..- . , ~ - 3 2007 F L ". "J VOOADE ~,,~ ~, S0. BEiVq tN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 68-07 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY LYING WEST OF MIAMI STREET EXTENDING FROM EWING AVENUE NORTH TO THE FIRST EAST- WESTALLEY LYING NORTH OF EWING AVENUE FOR 123.5 FEET MORE OR LESS AND A WIDTH OF 14 FEET. BEING A PART OF OAK PARK FOURTH ADDITION 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. Karen L. White Chairperson FOX STREET 60'R/W ------ --~ 56 I 57~~~ 58 j 59 I / I 1 -2479 I~'2480 i -2481 i -2482 jl I I ~ OAK PARK ~ 4TH ADDITION / I I I 1 I I I j 14' ALLEY _~` 10~~` -2483 ~ 11 ~ -2484 I 1 , 18 7067 I I I I ~~I I I I I - ------ ~--- 19 i 18 i 17 i 16 14 I-24961 -2497 I -2498 I -2499 -2502 I I I I - ------ ~--- I I I I ~ ~ ~ 15 ~ 154~f PETITIONED ALLEY 1 _ EWING AVENUE 60'R W_ _ _ _ -~ - - WEIDL~~S FIRST ADDITION 10 ~ 9~~~ 8 ~ 7 I ~ -4514 1 -4512 I -4513 I ~ ~ I -4515 18-712`~'~~-- -4522 ~ J _ -- ~-- Q --- ~t- ~ ~ / i ~ ~ -4523 1 ~` i _\ ~' ~o 1 co i I~ ,wI I~-~ I_ IQ) Igi I II i 1 1 _~ THE FIRST NORTH-SOUTH ALLEY LYING WEST OF MIAMI STREET EXTENDING FROM EWING AVENUE NORTH TO THE FIRST EAST-WEST ALLEY LYING NORTH OF EWING AVENUE FOR 123.5 FEET MORE OR LESS AND A WIDTH OF 14 FEET. BEING A PART OF OAK PARK FOURTH ADDITION. ALLEY VACATION PETITION SITE PLAN FOR VIRGINIA M. TUTT BRANCH LIBRARY L8t1g, Feeney do A880C{eib98~ It1C. Land Surveyors, Construction Engineers & Soil Scientists 715 South Michigan Street South Bend, Indiana 46601 Phone 574-233-1841 Fax 574-674-0374 File Name Drawn By Scale Tutt Branch.dw JMS 1 " = 60' PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE). THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first north-south alley lying west of Miami Street extending from Ewing Avenue north to the first east-west alley lying north of Ewing Avenue for 123.5 feet more or less and a width of 14 feet. Being a part of Oak Park Fourth Addition B. THE STREET DESCRIBED AS: None NAME (signed & printed) S .Joseph County Public Library J Wibbens, President of the Board ADDRESS 304 South Main Street South Bend, Indiana 46601 LOT # Oak Park 4`~ Add. Lots 13-16 Contact Person: Lang, Feeney & Associates, Inc. J. Bernard Feeney 715 South Michigan Street South Bend, Indiana 46601 574-235-9221 18-7127-4523 18-7127-4512 18-7127-4513 Stitch N Time Fabrics, LLC Amy Rock Ironwood Acceptance Corp. 2305 Miami Street 1010 Ewing P. O. Box 12787 South Bend, IN 46614 South Bend, IN 46613 Scottsdale, AZ 85267 18-7127-4514 18-7127-4515 18-7127-4522 Andrew Robb & Larry Rowe German Gonzales Ocie Maxine Brazier 64084 Miami Road 1022 Ewing 1345 Clayton Drive Bremen, IN 46506 South Bend, IN 46614 South Bend, IN 46614 18-7067-2496 18-7067-2497 Gordon & Elfriede Unger Jayson Shepard 18-7067-2498 Whitcomb & Keller 1013 E. Ewing Avenue Richard Setter 1009 E. Ewing Avenue South Bend, IN 46613 1017 E. Ewing Avenue South Bend, IN 46613 South Bend, 1N 46613 18-7067-2479 18-7067-2480 18-7067-2481 Donald Bessler Valerie Simmons-Johnson Douglas & Mart Hawkes, %2 Int. 63411 Pine Road 1014 E. Fox Street Joseph & Dawn Rowles, % Int. North Liberty, IN 46554 South Bend, IN 46614 1018 Fox Street South Bend, IN 46613 18-7067-2482 18-7067-2483 Patricia Hamilton John Nilsen 1022 Fox 1032 E. Fox Street South Bend, IN 46613 South Bend, IN 46613 1316 CouNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECxE, MAYOR BOARD OF PUBLIC WORKS September 25, 2007 Mr. James Masters South Bend Public Library, Virginia Tutt Branch 211 West Washington Avenue South Bend, Indiana 46601 PHONE 574/ 235-9251 FAx 574!235-9171 TDD 574/ 235-5567 RE: Alley Vacation -Fist Half of North/South Alley, West of Miami Street and North of Ewing Street (Preliminary Review) Dear Mr. Masters: On September 24, 2007, the Board of Public Works reviewed your petition to vacate the above alley. The following comments and recommendations were submitted from the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office: 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. Four houses use the alley for garbage pick-up. 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 not would hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. . Engineering stated that the vacation should be subject to subsequent dedication of other public ingress/egress easements. Evidence in the form of a plan for the resolution of these issues with your adjoining property owners' signatures is required. The Board gave a favorable recommendation for this vacation pursuant to an access easement and buffer for the adjoining property. GARY A. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER Masters, James Page 2 of 2 September 25, 2007 Please present evidence that the above stated issue(s) are resolved. I will inform you of the next step in the vacation process at that time. Please call me at (574) 235-9251 with questions. Sincerely, L da M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering ~~`Tl 1(~~-~ ~~ ~. ~ ~~u~ ~~~ V~ ~-7~ra ~,~ ~} z~~ -~(z( ~~ I I a I IZ I I ~ ~_ _~ EXISTING ALLEY o I ~~ ~P~ s~ ~~ ~'~~~ Ll ~~.~'~~vY ~f~4c~ ~- ~~ I oooo~ooooo0 w r l~,i N~ ~ -r T" W I `~ .I I (...c3~y 0 ~ ~~.:: . ~ I y~l MI - c3 t}pK}~?p~Y?p Qp ~ - O SWING STREET PROPOSED NORTH SITE DEVELOPMENT PLAN SGALE~ I' - 20'-0' +. T I f`. I I A w~ ~~ ~ •. w -1- ~, I " -al ~o ~ ~~ I 1 I I i i I I I I i i I I w I W I N I 1 ~= I I I I I ------~ I I I I I I I I i i i I I I I ,~G-ASS ~~4-Sy ~~~~ GtlfL~ ~£ Q~1 ~-TF~IJ d ~~~ -~~J c ~~`=~~/~ 1 S V ~~ 1 v'r" PROPOSED PUBLIC ACCESS EASEMENT 1 14:27 COMMUNITY DEVELOPMENT ID=+15742359697 INTER-01=PICE MEMORANDUM BOAR{? OP PUBLtC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinCaanisource.com or 2842220 fax) For Informational Purposes Only FROM: Linda M• Martin; Clerk ~~ ~ . . RE: Request for Recommendation -Alley Vacation Location: First Half of North/South Allev. West of Miami Street and North of Ewinst Street (Preliminary Review) DATE: August 6, 2007 _ , . ..,v... DUE: August 20, 2007 FAX OR E-MAIL TO: 235-917.1 ! Imartin(c~southbendin.aov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS N07 REQUIRED. COMMENTS ~ RECOMMENDATIONS: ~'.I I ~" vc~a..~~ d r r®- Go •-•~ w, ~..•.c~ ~ c~ cam.- ov ; c~ ~ c~ -k-~n o.~' - A,cc•esE t~.as(~,...,~h-~- ~~ d~Q.:Ga,+~d a-.,~ a;~C. i4.+, BY: M. ~-1•.a~l D; ~ ; k~ ~~ DATE: gl ~'3~Q7 co~,,,y..,,.,:~7 a. ~~..~..,:~ a~,..tof,,,..~h~- . C:hriS rJress~~ CAD ~'~ya~~~ P•01 Page 1 of 1 Linda Martin - Re: 2nd request-alley vac. west of miami From: Andre Price To: Linda Martin Date: 8/31/2007 6:20 AM Subject: Re: 2nd request-alley vac. west of miami this will not affect trash collection »> "Martin, Linda" <Imartin@southbendin.gov> 8/29/2007 10:24 AM »> This E-mail was sent from "RNP83D994" (C3828). Scan Date: 29.08.2007 09:24:54 (-0500) Queries to: admin@southbendin.gov file://C:\Documents and Settings\LMARTIN\Local Settings\Temp\XPgrpwise\46D7B324S... 8/31/2007 Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 September 5, 2007 The Board of Public Works 13't' Floor, County-City Building South Bend, Indiana 46601 RE: Vacation First half of north/south alleys west of Miami Street and north of Ewing Street 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. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The staff recommends the alley be vacated. Sincerely 4 Robert Nemeth Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(a7nisource.com or 284-2220 fax) For Informational Purposes Only FROM; Linda M. Martin, Clerk RE: Request for Recommendation -Alley Vacation Location: First Half of North/South Alley. West of Miami Street and North of Ewing Street (Preliminary Review) DATE: August 6, 2007 DUE: August 20. 2007 FAX OR E-MAIL TO: 235-9171 ! Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS ~ RECOMMENDATIONS: BY: Ruh 08 07 02:24p SHPD TRRFFIC (2191235-9308 p,6 lN'TER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community 8~ Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(c~nisource.com or 284-2220 fax) For Informational Purposes only FROM: Linda M. Martin, Clerk ~~ RE: Request for Recommendation -Alley Vacation Location; First Half of North/South AI1ev~West of Miami S#reet and North of Ewing Street (Prelfmtnary~Revtew) DATE; August 6, 2007 ---- -- DUE: August 20. 2007 FAX OR E-MAtL TO:. 235-9171 1 Imartinta'~southbendtn.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS ~ RECOMMENDATIONS; BY; TE:- ~~8>/~~ INTER-OFFICE MEMO~2ANDUM BOARb 4F PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax} Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Wasta Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, N1PSC0 'rbettin nisource,com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk `~YrL.- RE: Request for Recommendation -Alley Vacation Location: First Half of North/South Alle West of Miami Street and North of Ewing Street (Pr®liminary Review) DATE: August 6, 2007 .~....~._.~.~.~.~.,,,,, r....o.~ - - .... - - -- DUE: August 20. 2007 . FAX OR E-IWIAIL TO:, 235-9171 / Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED, COMMENI''i & RECQMMENDATIONS: TE: ~~lD ~~ . . TO/Z0 ~9tid 1d3Q 32lId QN3g H1flOS 50E69£ZVL9 Vp ~0Z L00Z/0T/80 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathis, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Sofid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ~Yit~ RE: Request for Recommendation -Alley Vacation Location: First Half of North/South Alley, West of Miami Street and North of Ewina Street (Preliminary Review) DATE: August 6, 2007 DUE: August 20, 2007 FAX OR E-MAIL TO: 235-9171 / Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: D~.~rv.~' ~ ~~/ DATE: r~ ~~~/ n 7 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Earl Littrell, Engineering Department ,,,.John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development ~2h_j.s Dressel, Community & Economic Development ob Mathia, Community & Economic Development ,,~obert Sanders, Fire Department ,/Jack Dillon, Solid Waste ephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(u~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk RE: Request for Recommendation -Alley Vacation Location: Half of North/South Alle West of Miami Street and North of Ewing Street (Preliminary Review) N~- DATE: August 6, 2007 DUE: August 20, 2007 FAX OR E-MAIL TO: 235-9171 / ImartinCa~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: DATE: ~. ~~1~L~~~~~~ . CITE' GF Suil T H P3'Ei~D DEPARTI'T-L''iIT OF PUBLIC tiY0RK5 DIVISIDi{ DF ENGINEERIYG County-City Building Room 1316 South Bend IN 46601 Phone:(574) 235-9251 Fax:_ (574) 235-9171 rr'/ To: ~ 4Y1 rZ ~,~ r3~'~ r Date: ~ ~2n `U 7 - Fas n: ~ ~ u~`~ ~-`~'~ ~ .Y Pages: mot` From: / ~ ~ ~f ~ ~ . ~../ ~, c~ ~ - .,~.C - ~ ~ .""i (~ ~.'.(-. ~ L~. t /` •r ~ I~ . ~ ~ `t i }''Y' ~ .~ i' 1 (t "~ ~ (°, ; 't ,,,;, f °°.." (~~- Z f„'.,,, ~ . CO~fY~tiiTS: ~~ - WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. October 2, 2007 City of South Bend Common Council Room 455 County-City Building South Bend, Indiana 46601 Re: Vacation Petition To The Common Council, SUB-DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS The first north-south alley lying west of Miami Street extending from Ewing Avenue north to the first east-west alley lying north of Ewing Avenue for 123.5 feet more or less and a width of 14 feet. Being a part of Oak Park Fourth Addition. The petitioner wishes to eliminate the alley that divides their property. The vacation of the real property shall allow the owners to benefit from the most applicable use of their property which lies adjacent to the petitioned alley and contains 100°l0 of the alley's frontage. I n r y, ,~' r~ J. ernard Feeney LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING • CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 TELEPHONE 574/233-1841 • FACSIMILE 574/674-0374