Loading...
HomeMy WebLinkAboutVacation- Alley- First N/S Alley W. of St. Joseph ST.- Fed. Bankruptcy CourtORDINANCE No. e,~ s, Passed by the Common Council of the City of South Bend, Indiana January 27. 19 97 Arrest: Anent: ~~ d~ City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 28, 19 97 LORETTA J. D ~~~G~ Ciry Clerk Approved and signed by me January 30 19 97 ~~ • ~~`'~~~ Mayor ' ' ' " ORDINANCE NO. ~7~ y -- 9 7 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is described as the first north-south alley west of St. Joseph Street from the south right-of--way of West Western Avenue to the north right-of--way of the first east-west alley south of West Western Avenue for a distance of approximately 198 feet in length andw.iifh of 14 feet. Part located Martin's Addition in the City of South Bend, Indiana. STATEMENT OF PURPOSE AND INTENT The propose of this vacation is to restrict access the alley to only authorized persons who would use the six (6) secured, interior parking spaces in the Court Building. The intent of this vacation is to provide and additional "Clear Zone" around the United States Bankruptcy Court Building, located at 401 South Michigan Street, South Bend, Indiana which is located east of the referenced alley. 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 on the petition to vacate the following property: The alley to be vacated is described as the first north-south alley west of St. Joseph Street from the south right-of--way of West Western Avenue to the north right-of--way of the first east-west alley south of West Western Avenue for a distance of approximately 198 feet in length and with of 14 feet. Part located Martin's Addition in the City of South Bend, Indiana, hereby determines that 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 properties maybe injuriously or beneficially affected by such vacating: Tax Key Property Owner of Record 18-3016-0585.01 City of South Bend, Department of Redevelopment 18-3016-0586.01 1200 County City Building South Bend, Indiana 46601 18-3016-0587.02 1st. Source Bank as Trustee of Land PO Box 1575 South Bend, Indiana 46634 18-3016-0593 Western Avenue Properties, LLC 18-3016-0594 422 East Monroe Street 18-3016-5095 South Bend, Indiana 46601 18-3016-5096 18-3016-3097 SECTION IV The purpose of the vacation of the real property is to: Restrict access the alley to only authorized persons who would use the six (6) secured, interior parking spaces in the Court Building. In addition the vacation will provide a "Clear Zone" around the United States Bankruptcy Court Building, located at 401 South Michigan Street, South Bend, Indiana which is located east of the referenced alley. 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. Upon the effectiveness of this Ordinance, Ordinance No. 8725-96 passed by the Common Council on October 28, 1996, is hereby rescinded in its entirety. st READING /- /3 -9 7p FU3LlC f~EARiNG ~-oZ'~ / 7 3rd READING ~- ~ ~ ' ~'f 7 I~OT APPROVED REFERRED PASSED ~.. ~7- 9 7 ~~~~ ~/ Member of the Common Council COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee to whom was referred BILL NO. 1-97 A BILL TO VACATE THE FALLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF ST. JOSEPH STREET FROM THE SOUTH RIGHT-OF- WAY OF WEST WESTERN AVENUE TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST-WEST ALLEY SOUTH OF WEST WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND WIDTH OF 14 FEET. PART LOCATED IN MARTIN'S ADDITION IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommend to the Councit favorably. Sean Coleman Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE DEC. 10, 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 /x?~axd~ ( etas-~cva~~dX/north-south } ALLEY ( ~-west /~1~€1~ ) of ST. JOSEPH STREET, RUNNING(xw~ct~~(z~omcisia-south) FROM_ Jr~ESTERN AVE. STMT, FOR A DISTANCE OF APPROXIMATELY 198 FEET T0: THE FIRST EAST-WEST ALLEY RUNNING EAST FROM MAIN STREET ALL IN MARTIN'S ADDITION (Insert. subdivision name) B. THE STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (east-west north-south)TO STREET, FOR A DISTANCE OF APPROXIMATELY FEET. ~j~g,. ( printed and signed ) WESTERN AVENUE PROPERTIES, Lt_C w~~.er,r, a BY: WILLIAM A. ANZLCA MANA ~ N , M MB R '422 E. MONROF Sjj2F~=T SOUTH BEND, IN. 46601 13.14.15,16 Contaot Person: WILLIAM A. PANZICA Name: WESTERN AVENUE PROPERTIES, LLC Address: 422 EAST MONROE STREET SOUTH BEND, IN. 46601 Loretta J. Duda City Clerk- Room 455, County-City Building South Bend, Indiana 46601 (219-235-9221) Phone (219) 234-0124 Filed in C9~r€.'~ ~~~tee ~E4 •'!~ 1 446 ..._.._..~......x ^ ~.~h:°'~ 4n ~•~ .. ' ALLEY VACATION THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF ST. JOSEPH STREET FROM THE SOUTH RIGHT-OF-WAY OF WEST WESTERN AVENUE TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST-WEST ALLEY SOUTH OF WEST WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN MARTIN'S ADDITION IN THE CITY OF SOUTH BEND, INDIANA. z Q t~ ~~ F- WAYN z ~` Q c~ U F-- ~. ~ -=zoo Filed in Cieri;'s Lidice DEC 3 ' X996 ~.or~err~ d~. ~et~~.a MONROE PROPERTY OWNERS BY TAX KEY 18-3008-0272 South Bend Public Library 122 West Wayne Street South Bend, Indiana 46601 18-2008-0284 Hale Corporation PO Box 988 South Bend, Indiana 46624 Tax Key Property Owner of Record 18-3016-0585.01 City of South Bend, Department of Redevelopment 1200 County City Building South Bend, Indiana 46601 18-3016-0586.01 City of South Bend, Department of Redevelopment 1200 County City Building South Bend, Indiana 46601 18-3016-0587.02 1st. Source Bank as Trustee of Land PO Box 1575 South Bend, Indiana 46634 18-3016-0588.02 Emmett H. McNease 1605 E Jefferson Blvd. South Bend, Indiana 46617 18-3016-0589 Loren F. Preist, Larry D. Schafer & Gregory C. Noble 721 Riverview Avenue Elkhart, Indiana 46516 18-3016-0590.01 Emmett H. McNease 1605 E Jefferson Blvd. South Bend, Indiana 46617 18-3016-0593 Western Avenue Properties, LLC 422 East Monroe Street South Bend, Indiana 46601 18-301b-0594 Western Avenue Properties, LLC 422 East Monroe Street South Bend, Indiana 46601 Filed in ~iera~'~ ~ ~~I~~ DEC :~ ' 196 ~er,~~~ s. r~.ro* .a,.. CITY P~.c':}fiY.~ :`;":: '<3~'h'M~, IPS. 18-3016-0595 Western Avenue Properties, LLC 422 East Monroe Street South Bend, Indiana 46601 18-3016-0596 Western Avenue Properties, LLC 422 East Monroe Street South Bend, Indiana 46601 18-3016-0597 Western Avenue Properties, LLC 422 East Monroe Street South Bend, Indiana 46601 18-3016-0598 John Freidline 918 E Jefferson Blvd. South Bend, Indiana 46617 18-3016-0599 William C. Kobin 9 Commonwealth Ave. Boston, MA 02116 18-3016-0600 Emmett H. McNease 1605 E Jefferson Blvd. South Bend, Indiana 46617 Filed fn Cler&~'~ ~~fiee DEC 3 ' 1Q~~ ~o€~~rr~.~ ~°:e.ic,~ .~..~. cmr c~~s~, :....;,~~, ~., 4~ ~. ~~1, t Western Avenue Properties, LLC 422 );asf Monroe Street South Bend, Indiana 4G601 Telephone 219-234-0125 Fax 219-234-1023 December 10, 1996 The Common Council of The City of South Bend, Indiana County-City Building South Bend, Indiana 46601 Dear Common Council Members: Western Avenue Properties, LLC, requests the vacation of the following alley: The 1st north-south alley south of Western Avenue and east ofMain Street, running north to south from Western Avenue, for a distance of approximately 200' feet to the intersection of the 1st east-west alley running east from Main Street all in the Martin 's Addition of the Ciry of South Bend, Indiana. This alley is directly west and to the rear of the new US Bankruptcy Court Building. The United States Mazshal Service and Federal Protective Service have requested we seek this vacation in order to provide and additional security buffer behind this building. At the rear of this building off this alley aze the garage doors for the use of the Federal Judges. The Federal Protective Service and the Marshals would like to restrict the access to this azea to authorized persons only. With the recently mandated changes in security for all federal facilities in the wake of the Oklahoma City tragedy there is also a need for an additional "clear zone" around this building, and the vacation of this alley is vital to meet that objective. This alley vacation was voted on and unanimously approved by the council on October 28, Ordinance No 8725-96). However the list of property owners was incorrect. The owner of tax key # 18-3016-0598 was misrepresented and this refilling is the correction of that error. It is our hope that Common Council and the Board of Public Works understands the importance of this security "clear zone" for the personal safety of the Judges, employees and general public who will use this facility, and see their way clear to grant this alley vacation for a second time. Enclosed are the new petition forms, legal discretion, circle map, corrected list of property owners with in 300' feet and certified postage paid envelops for your use. If you should have any questions or should require any additional information please feel free to contact me. Respectfully Submitted, w • ~4 .~~rC~Q/ tl~Qa.pr,r* CJJ William A. Panzica Managing Member enclosures Filed in Cier~~`~ ~~~fee DEC ~ ' 195 CITY CL~:T~: , .~~,., ~.t~~:~ 'rt.. City of South Bend Joseph E. Kernan, Mayor Board of Public ~To~ks January 27, 1997 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of an Alley Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the Vacation of an Alley, as follows: The first north-south alley west of St. Joseph Street from the south right-of--way of West Western Avenue to the north right-of--way of the first east-west alley south of West Western Avenue for a distance of approximately 198 feet in length and width of 14 feet. Part located in Martin's Addition 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, Area Plan Commission, Department of Economic Development, Division of Engineering, and the Police Department concerning this vacation, subject to any utility easements that maybe required. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Stncerely, u.~ ; zt~~ Angela ~ . acob, Cle Attachments 1316 County-City Building • South Bend, Indiana 46601 •219/235-9251 • TDD 219/235-5567 John E. Leszczynski James R. Caldwell Jenny Pitts Manier g7~ ~ ~~Q 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 - Captain Larry Blume, Police Traffic Department - Anne Bruneel, City Attorney's Office FROM: Angela K. Jacob, Clerk ~~~ RE: ~ Alley Vacation DATE: January 9, 1997 Attached for your review and recommendation is the following alley vacation: The first north-south alley west of St. Joseph Street from the south right-of--way of West Western Avenue to the north right-of--way of the first east-west alley south of West Western Avenue for a distance of approximately 198 feet in length and width of 14 feet. Part located in Martin's Addition in the City of South Bend, Indiana. I would appreciate receiving your comments and recommendation concerning this alley vacation no later than January 22,1997. Thank you. COMMENTS & RECOMMENDATIONS: ,7i5fis 7~~nH~~t-rE~i ~~J-~.~~~vd c ~g-,~~rf-r~yp-L. Svcs.T~~T_ .l/T~ icy ,~ ~ ~t~'~-t~i~3 DATE: %- /~ ' ~~ .• INTER-OFFICE MEMORANDUM POARD OF PUBLIC WORKS TO: -Larry Spradlln, Engineering Departmerd - Tim Vo11, Area Plan Commission • Larry MagIIozzi, Department of Economic Development thief Luther Taylor, Fire Department - Alonzo Adams, Solid Waste - Captain Lary Blume, Police Traffic Department - Anna Branca], Clty Attorney's Office FROM: Angela K. Jacob, Clerk C~~ 12E: Alley Vacation DATE: January 9, 1997 Attached for your review and recommendation is the following alley vacation: The first north-south alley west o£ St. Joseph Street from the south right-of--way of West Western Avenue to the north fight-of--way ofthe first castrwest alley south of West Western Avenue for a distance of approximately 198 feet in Iength and width of 14 feet. Part Iocated in Martin's Addition in the City of South Bend, Indiana. ~I would appreciate receiving your comments and recommendation concerning this alley vacation no later than Janaarv 22.1997 Thank you, coMMl~rrrs ~ ~Comr~rrDATroxs- T'd S0E6b8Z 6Tz DATE: /-'/D -~~ '1d3Q 32iId QN3S'OS WdiS:E L6. 0T'Ndf INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: FROM: RE: DATE: -Larry Spradlin, Engineering Department -Tim Voll, Area Plan Commission '~~~ , . V-)marry Magliozzi, Department of Economic Development - Chief Luther Taylor, Fire Department - Alonzo Adams, Solid Waste - Captain Larry Blume, Police Traffic Department - Anne Bruneel, City Attorney's Office Angela K. Jacob, Clerk ~~~- Alley Vacation January 9, 1997 ~~~ ~:~ c ~ :I' ;.,f . r^ Attached for your review and recommendation is the following alley vacation: The first north-south alley west of St. Joseph Street from the south right-of--way of West Western Avenue to the north right-of--way of the first east-west alley south of West Western Avenue for a distance of approximately 198 feet in length and width of 14 feet. Part located in Martin's Addition in the City of South Bend, Indiana. I would appreciate receiving your comments and recommendation concerning this alley vacation no later than January 22.1997. Thank you. COMMENTS & RECOMMENDATIONS: BY: MON, JAN-13-97 12:39PM SBPD TRAFFIC 219 235 9308 P. 02 INTER-OFk'TCE MEMORANDUN~ BOARD OF PUBLIC WORKS TO: -Larry Spradlin, Engineering Department - Tim Voll, Area Plea Commission -Larry MagUozd, Department ofEconomic Development - Chief Luther Taylor, Fire Department - nzo Adams, Solid Waste S~Captain Lary Blume, Police Traffic Department - Anne Bruneel, City Attome~s Office FROM: Angela K. Jacob, Clerk C~~" RE: Alley Vacation DATE: January 9, 1997 Attached for your review and recommendation is the following alley vacation: The first north-south alley west of St. Joseph Street from the south right-of--way of West Western Avenue to the north right-of-way of the 5rst east west alley south of West Western Avenue for a distance of approximately 198 feet is length and width of 14 feet. Part located in Martin's Addition in the City of South Bend, Indiana, •I would appreciate receiving your comments and recommendation concerning this alley vacation no later than January 22,^,..1997. Thank you. StQ~EN1'S ~ REC"OMII~NDATIONS: BZ':~ant Larrv C. Blume $147 `~~ DA1'Ir• 1/13/97 TOTAL P. 02 AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY-CITY BUIt_DING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 January 13, 1997 The Board of Public Works 13th Floor, County-City Building South Bend, IN 46601 RE: Alley Vacation -First north-south alley west of St.Joseph Street from the south right-of--way of West Western Avenue to the north right-of--way of the first east-west alley south of West Western Avenue. Dear Board Members: The Staff has reviewed this petition relative to IC 36-7-3-13. 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,that this right-of--way be vacated, subject to any utility easements and turning easement that may be required. Sincerely, ~~~C~. es Voll Planner Serving: South Bend, Lakevllte, New Carlisle, North Liberty, Roseland and St. Joseph County, INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WOP:KS TO: -Larry Spradlin, Engineering Department - Jim Voll, Area Plan Commission -Larry Magliozzi, Department of Economic Development - Chief Luther Taylor, Fire Department I~ffonzo Adams, Solid Waste - Captain Larry Blume, Police Traffic Department - Anne Bruneel, City Attorney's Office FROM: Angela K. Jacob, Clerk C~~ RE: Alley Vacation DATE: January 9, 1997 Attached for your review and recommendation is the following alley vacation: The first north-south alley west of St. Joseph Street from the south right-of--way of West Western Avenue to the north right-of--way of the first east-west alley south of West Western Avenue for a distance of approximately 198 feet in length and width of 14 feet. Part located in Martin's Addition in the City of South Bend, Indiana. I would appreciate receiving your comments and recommendation concerning this alley vacation_no later than January 22. 1997 Thank you. BY: DATE: / ~ ~~ ~ / /~ i :' COMMENTS & RECOMMENDATIONS: INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: -Larry Spradlin, Engineering Department - Tim Voll, Area Plan Commission - Lany Magliozzi, Department of Economic Development - Chief Luther Taylor, Fire Department ~nzo Adams, Solid Waste Captain Larry Blume, Police Traffic Department - Anne Bruneel, City Attorney's Office FROM: Angela K. Jacob, Clerk C~~ ` RE: Alley Vacation DATE: January 9, 1997 Attached for your review and recommendation is the following alley vacation: The first north-south alley west of St. Joseph Street from the south right-of--way of West Western Avenue to the north right-of--way of the first east-west alley south of West Western Avenue for a distance of approximately 198 feet in length and width of 14 feet. Part located in Martin's Addition in the City of South Bend, Indiana. I would appreciate receiving your comments and recommendation concerning this alley vacation no later than January 22. 1997 Thank you. COMMENTS & RECOMMENDATIONS• ATn nh~nrtinna~ ~ ~ BY:~ant L.ar_rv C. Blume #147 ~~~ DATE: 1/13/97