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HomeMy WebLinkAbout9773-07 Vacation Alley Corby Frances Notre DameORDINANCE No. 977-07 Passed by the Common Council of the City of South Bend, Indiana July 23, Attest: 07 20 VOORDE Attest: Presented by me to the Mayor of the City of South Bend, Indiana July 24, 07 ZO City Clerk President of Common Council City Clerk Approved and signed by me July 2 5 , 2p 0 7 ORDINANCE NO. -1 7~~ - ~1 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY NORTH OF CORBY BLVD. FROM- FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORINS' 2ND ADDITION, PORTAGE TOWNSHIP, CITY 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 NORTH OF CORBY BLVD. FROM FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORINS' 2ND ADDITION, PORTAGE TOWNSHIP, CITY 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: Lot number 3722 Lot number 3724 Lot number 3725 Lot number 3727 SECTION IV. The purpose of the'vacation of the real property is to increase safety. in the area. This alley is utilized as a driveway for homes that border the alley. These homes have young children which are often playing near the alley on a daily basis. The alley way has also been noted to facilitate vandalism or other crimes in the area. 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, and upon recording of a cross access easement between the property owner and the contiguous property owners. r----~ t Member of th ommon Council Att t. City Jerk Presented by me to the Mayor of the City of South Bend, Indiana on the Z~~ day of ~ , 200'1 , at ~ ~• S-o o'clock ~. m. City Cler , /~~~ Approved and signed by me on the ~ ~~ day of ~ , 2 Oo? , at ~~'~30 o'clock. m. Mayor, City of outh Bend, Indiana 1st READING 7" i~ ~ AUBLIC HEARING 7-Z1-o) 3 rd READING '~ ~ L3 -a) NOT APPROVED REFERRED PASSED ~ _ Z, 3 - 0 ~ ~S ~s A-~~ Fil@d In Clerk's Office J U L 2 3 2007 JOHN VOORDE CRY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 42-07 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF CORBY BLVD. FROM FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S 2ND ADDITION, PORTAGE TOWNSHIP, 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 as substituted by anew legal description. Karen L. White Chairperson PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA THE ALLEY DESCRIBED AS: I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. B. ~Clti.~ DATE: Io, a~ ~ 0 Covl~-,,rev (v~ . Wcc.cticsLo ~~'. ~ ~ I'-(' ~~- • THE STREET DESCRIBED AS: NAME (signed 8, printed) ADDRESS LOT # VVJ ~ v 4-~ ~v~w~ ~n.e._ I I ~~~~ No~I Filed In f~llrrk's ®fiice J U L - 2 2007 CITY CL~~I;, S0. E~P;D, IN. CONTACT PERSON (S) NAME: I v `c~-/~1~-- ~~w~ vt~~- I RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 ADDRESS: "ll"C ~•./~0'~'~n_.. (~~~. ~L~~.. ~ae,v~s~ . T-~ J yl ~ 61 ~ PHONE: a ~ 3• ~ -1 ~ I -3772 -3775 s ~'( W -3776 Q -3779 W -3780 ~' ~ Q ~ W -3782 ~ 18-51 7 ~ Z -3784 ~ -3788 ,l_F(;AL DESCRIPTION: -3714 -3715 -3716 Y '~ -3717 -3719 J ~ -3718 18- 106 -3720 150' ~ J -3721 -3723 F-- J -3722 J -3724 _ 228' ~ ~ '~ W J '! -3725 -3727 z Q -3726 -3728 J ~ J -3748 18- 106 -3751 N ,~ M J ~ to In If) V -3749 -3750 ~ THE ALLEY TO BE VACATED IS THE FlRST EAST/WEST ALLEY NORTH OF CORBY BLVD. FROM FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S 2nd ADDITION, PORTAGE TOWNSHIP. CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Filcd in Clcrk'~ ~~fice ~~~ - 2 2001 - J0,{I7 VOOOflflr 0, III. C{r( CLERK, -J / JO ~,11I~~~ ~2-~7 1316 COUNTY-C1TY BUILDING 227 ~ JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46G~1-183(1 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS June 11, 2007 Ms. Marta Brummell 914 North Notre Dame Avenue South Bend, Indiana 46617 RE: Alley Vacation -South of Howard between Notre Dame Avenue and Frances Street Dear Ms. Brummell: Upon review by the Engineering Division, Area Plan Commission, Community & 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 hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous because there are two existing garages that need the alley for access. There is also an undeveloped lot adjacent to Frances that may need alley access if a garage is constructed adjacent to it. The vacation would 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 hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Fire Department stated that they have no objections if the two neighboring residents have no objections to their garage access being cut. Engineering stated that the four property owners need to agree in advance how the vacated alley will be allocated to each and how the alley will be paved to preserve garage access to those who have it and if necessary, grant cross-access easements. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. GARY A. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER June 11, 2007 Brummell, Marta Page 2 of 2 Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forFVard a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, --~" `~ Linda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: ,,Carl Littrell, Engineering Department ~d'ohn Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Jitin Kain, Community & Economic Development X866 Mathia, Community & Economic Development ward Buchanon, Fire Department ack Dillon, Solid Waste /VUilliam Kraus, 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~?'y~-~ RE: Request for Recommendation -Alley Vacation Location: East/West Alley -South of Howard between Notre Dame Avenue and Frances Street (Preliminary Review) DATE: April 30, 2007 DUE: 5/07/2007 FAX OR E-MAIL TO:. 235-9171 / Imartin(a)southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. 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R.2E. ~,~R.p,G-~ ~~55 ~* 1{ ----- -_ - --..~.- (~l 5 ~-LL ~ ~ _ ~ _ . 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 Jitin Kain, Community & Economic Development Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NlPSCO (irbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk~~7y~-~ RE: Request for Recommendation -Alley Vacation Location: East/West Alley -South of Howard between Notre Dame Avenue and Frances Street (Preliminary Review) DATE: April 30, 2007 DUE: 5/07/2007 FAX OR E-MAIL TO: 235-9171 / ImartinC~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS ~ RECOMMENDATIONS: BY: DATE: ~~~ _ ~~ ~~~ ~4 ~ /~ ~yJ ~i~'.4j~t ~ n ..t / ~~ -~iE:..C1f-L,~'`~'TVIM~ w ./GL ~ ~ ~ ~Zt~.,r 5742359305 SOUTH BEND FIRE DEPT PAGE 01/02 i i INTER-OFFICE MEMORANDUM BOARD OF PUBL{C WORKS Carl Littrell, Engineering Department John Byomi, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Jinn Kain, Community & Economic Development bob Mathia, Community ~ Economic Development Howard 8uchanon, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIpSCO elfin 'source corn or 284-2220 fax) Pu inn se$ ~nlyai FROM: Linda M. Martin, Clerk RE; Request for Recommendation -Alley Vacation ~~~^ N~tra Dame Avenue and Location: East/Wes Alley South of Howard b~t< Frances Street (P~+eliminary Review) DATE: Apri130, 2007 DUE: 5/O7 2007 FAX OR tE-MAIL. TO:, 235-9171 / Imartin out bendin.oov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COM ENTS'& RECOAIIMENDA~ONS: ~ ~ i ~ ~ .-.V l ~ -- ~~ -~" DATE:_,_j~~0~ BY' `t' l ~'. ~~ / / . i 'i May 04 07 08:OOa SBPD TRAFFIC ~ (219)235-9308 p.2 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byornl, Area Plan Commission (235-9813 fax) Jeff Gibney, Community 8~ Economic Development Jitin Kain, Community & Economic Development Bob Mathia, Community $~ Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinCa~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk~'~iN~~ RE: Request for Recommendation -Alley Vacation Location: East/VNest Alley -South of Howard between Notre Dame Avenue and Frances Street (Preliminary Reviewj DATE: April 30, 2007 DUE: 5/07/2007 FAX OR E-MAIL TO: 235-9171 / (martin southbendin.stov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS 8~ RECOM~M/E/~NDATIONS: `~ V 06~ ~(~~ IrA~ gY; ~~~<~ ~ DATE: 3/ y~Gl /aii-ea 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 Fax 574 235-9813 March 4, 2007 The Board of Public Works 13'~ Floor, County-City Building South Bend, Indiana 46601 RE: East/West Alley -South of Howard between Notre Dame Avenue and Frances Street Dear Board Members: The staff has reviewed this petition. It is the staff s opinion that: (1) The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. There are two existing garages that need the alley for access. There is also an undeveloped lot adjacent to Frances that may need alley access if a garage is constructed adjacent to it. (2) The vacation would 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 hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. ~~ Staff recommends that the alley not be vacated. Sincerely 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 °•° p^= I°-• w ~ ~ ~. - ' Jitin Kain, Community & Economic Development - ,.r ~.~ " Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department ~~Y ~ 7 ~Q~~ Jack Dillon, Solid Waste William Kraus, Police Department l"~ OF SUU; i , '-,~~=.!~~~.:~ Cheryl Greene, CityAttomey's Office DIV. OF ENGINES;" ' Jim Bettin, NIPSCO (Irbettin(a~nisource.com or 284-2 220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk,•~j~--' RE: Request for Recommendation -Alley Vacation Location: East/West Allev -South of Howard between Notre Dame Avenue and Frances Street (Preliminary Review) DATE: April 30, 2007 DUE: 5/07/2007 FAX OR E-MAIL TO:, 235-9171 / Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: I ~,~~_ DATE: ~! ~ ~~v~ May 28 07 12:33p SHPD TRRFFIC (2191235-9308 p.l tNI-ER-OFFICE MEMORANDUM BOARD OF PUBLIC 1A/ORFC~ _ TO: Carl Littrell, Engineering Department John Byorni, Area Pian Commission (235-9813 fax) Jeff Gibney, Community 8 Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Polics Department Cheryi Greene, City Attorney's Office Jim f3ettin, NIPSCO (irbettinta7.nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ,„Kr„ . . RE: Request for RecommenGda/t~io`-n'- Alley Vacation Location: East/West Alfev -South of Vine between 20~' and 21 st Street (Preliminary Review) DATE: May 24, 2007 DUE; June 4.2007 FAX QR E-MAIL TO:, 235-9171 I Imartln(a~southbendin rtov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS 8~ RECOMMENDATIONS: TE: ~JZFs~~ ~ i. (6/5/2007) Jennifer Corle - Re: Alley Vacation Page 1 From: Andre Price To: Jennifer Corle Date: 6/5/2007 6:40 AM Subject: Re: Alley Vacation This vacation will not affect trash collections. The alley vacation for vine street and 20th & 21st street will not affect trash collection. »> Jennifer Corle 5/30/2007 12:39 PM »> Gentlemen: On April 30, 2007, a request for recommendations was sent to you in regard to the foliow(ng alley: East/West Alley -South of Howard between Notre Dame Avenue and Frances Street A copy of this request is attached. Please provide your recommendations for this as soon as possible. Thanks, Jennifer UNIVERSITY OF Bi351NF..SS OI'ERATIUNS yto Planner Hall OFFICE OF ASSET I<iANAGEhiEN'C Nntrc I)acne, Indiana Gregory I'. liakanen g655~-Sfixr ISA L)irertarn~'.~issetlllir>ra~rnrentrrtdRea(F,rrurrDrr~rlnnnrrrtt July 1 q, 2007 City of South. Bend Comrnan Council 227 '4t'. Jefferson Blvd., Suite 4005 South Bend, Indiana 46601. Tekphonc (57q} 63x-yygy Facsimile (57q) C,3x-q~go E-mail Gregory•.(iakanen.rCfind.edu Re: Bill Na. 42-07- Alley Vacation "fa the Members of the Comman Council: I am writing on behalf of the university of Notre Darne in support of Bill No. 42-07 requesting the vacation of the east-tivest alley located north af' Corby Street between Nitre Dazi~e Avenue and Frances Street. "I'he university awns the property on the north side of this alley fronting on Frances Street. Vv'e do not believe that the alley is necessary to facilitate east-west traffic (both t;arby and Harvard serve this purpose), turd in fact when vacated will improve property values far the four properties that border it. Vve request your support in approving this request. Sincerely, ~ ~ ~~ 7 .--.' Gregory I'. Hakanen Directar of Asset Management and Real Estate Development GPH:cIn cc: James J. hyphout, Vice President for Business Operations Craig & Marta Brummell Mark & Margaret Noll Filed In Cierk'~ Office ~~~ 2 ~ L001 rtt;'b't}ORCE ~ah-'~t~ ~~~~0~ ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF CORBY BLVD. FROM FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S 2~ ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to the 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 THE FIRST EAST/WEST ALLEY NORTH OF CORBY BLVD. FROM FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S 2~ ADDITION, PORTAGE TOWNSHIP, 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, ditches, within the vacated right-of--way, unless such rights are released by the individual utilities. SECTION III. The following property maybe injuriously or beneficially affected by such vacating: Lot number 3722 Lot number 3724 Lot number 3725 Lot number 3727 SECTION IV. The purpose of the vacation of the real property is to increase safety in the area. This alley is utilized as a driveway for homes that border the alley. These homes have young children which are often playing near the alley on a daily basis. The alleyway has also been noted to facilitate vandalism or other crimes in the area. 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: City Clerk City Clerk Approved and Signed by me on the 2007, at o'clock .m. 1 st READING ~ _ l "" ~ PUaLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2007, at o'clock .m. day of , Mayor, City of South Bend, Indiana Feed n 1j CC erk's Oftice JUL - 2 2007 JOHN VOOEiDE CTI'Y CLEP,K, S_~ ~ ~N. TRI COUNTY NEWS, INC. ~.~, ~ ~ ~-O ~- ' ' PO'~ 1 OFFICE BOX 6666 SOUTH BEND, IN 46660-66661 PROOF OF PUBLICATION TELEPHONE: (574) 243-4664 Fax: (574) 243-4916 Nolice is hereby given the atizens of south Bend, St- Joseph County, Indiana, that the Common PROOF OF PUBLICATION Counal of the City of South Bend, St. Joseph State of Indiana, St. Joseph County, ss.: County, Indiana, in fhe CounGl Chambers of the County-Cdy Building, 227 West Jefferson Boule- Personallycame before me, the undersigned, Richard J. Andrysiak, Office Manager ofthe Tri County News; yard, south Bend, Indiana, on Monday, July 23, that he is authorized to make this affidavit in it's behalf; that the Tri County News is a public newspaper of 2007wi11 hold at7:OtfpT-~P~aJic Hearingon the general circulation printed and published in the English language in the City of South Bend, in the aforesaid Tollowing Proposed Ortlinance: a2-o~ county and state; that a notice of which the copy attached hereto is a true and correct copy, was published in ABIILTOVACATETHEFOLLOWING DESCRIBm Said neWSpapei. PROPERTY:THEALLEYTOBEVACATEDISTHE , FIRST FJ\STM/EST ALLEY NORTH OF CORBY ` ~~~`~ \~~ BLVD. FROM FRANCES STREETTO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEET AND A WIDTH OF 14 FEET. BEINGA PART OF SOPoN'S 2ND ADDITION, PORTAGE TOWNSHIP qTY OF ~i time(s), the date of publication being as follows: , SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Persons ~ the meeting Shall have the dght m he 7/13/2007 heard thereon. John voorde City Cledc 1 t, 7-13 Fee: $12.40 Subscribed and sworn to before me this 13th day of July, 2007 ~~ Lisa J. Andrysiak, Notary Public Resident, St. Joseph County My Commission expires February 16, 2008 State of Indiana Notice is hereby given the St. Joseph County ss: citizens of South Bend, St. Joseph County, Indi- ana, that the Common Council of the city of S th B :Personall a eared before me a notar ublie in-.and for said count and "~ ' y pp ~ y p y ou end, St. Joseph county, Indiana, in the Council Chambers of the state the undersigned Carol Smith e County-City Building, 227 west Jefferson who, being duly sworn says that she is of competent age and is Boulevard, South Bend, Indiana, on Monday, July Advertising Director of The South Bend Tribune, a 23, 2007 will hold at 7:0o p.m., a Public daily newspaper which for at least five (5) consecutive years has been Hearing on the following proposed o~o~ a"°°' published in the City of South Bend, county of St. Joseph, State of Indiana, FOLLOWING LATE TDHE and which during that time, has been a newspaper of general circulation, THE IALLEY to eERVn' having a bona fide paid circulation, printed in the English language and EAST WESTTHE ALLEY entered, authorized and accepted by the post office department of the Ne° ~ FROM FRANCes United States of America as mailable matter of the second-class as defined STREET TO NOTRE D nT EN F0 by the act of Congress of the United States of March 3, 1879, and that the S ANCE OF 228 14ETFEE A I O printed matter attached hereto is a true copy, which was duly published in T. BE NG A PART OF SORIN'S 2ND ADDITION, PORTAGE said news a er. P P TOWNSHIP, CITY OF SOUTH BEND, ST. JO- SEPH COUNTY, INDI- A"A 1 time s, the dates of publication being as follows: Persons at the meeting shall have the right to be heard thereon. John Voorde, City C ark it::. .3 Tuly 13, 2007 ~~~/ ~" 1 Subscribed and sworn to before me this 13th day of July 2007 . -~-c~' Geraldine Dickey Notary Public _ ~ ~ Resident of St: Joseph County My commission expires January 28, 2009 Charges X14.74 TRI COUNTY.NEWS, INC. POST OFFICE BOX 6666 SOUTH BEND, IN 46660-66661 TELEPHONE: (574) 243-4664 Fax: (574)243-4916 PROOF OF PUBLICATION State of Indiana, St. Joseph County, ss.: Personally came before me, the undersigned, Richard J. Andrysiak, Office Manager of the Tri County News; that he is authorized to make this affidavit in it's behalf; that the Tri County News is a public newspaper of general circulation printed and published in the English language in the City of So th Bend, in the aforesaid county and state; that a notice of which th copy ached hereto is T true co ~' copy, was published in said newspaper. ~_ time(s), the date of publication being as follows: 8/3/2007 Fee: $35.71 Subscribed and sworn to before me this 3rd day of August, 2007 Lisa J. Andrysiak, Notary Public Resident, St. Joseph County My Commission expires February 16, 2008 PROOF OF PUBLICATION ORDINANCE N0. 9773-07 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY NORTH OF CORBY BLVD. FROM FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF228 FEETAND A yNpT}T OF 14 FEEL BEING A PART OF SORINS' 2ND AD6.^rON, PORTAGE TOWN- SHIP, CITY SOUTH BEND Sl ,^SEPH000NTY, INDIANA STATEMENT OF PURPOSEANDINTENT Pursuant fo Indiana Code Section 36-7-3-12, the Cannon Council is charged with the authority to hear atl petigons m vacate public ways a pudic places within the City. The following Ordinance vacates the above de- scribed public property NOW, THEREFORE, BE R ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as folbws: SECTION I. The Comnron Council of the City of South Bend having held a public hearing on the petition to vacate the fdlovhng propedy: 7HE ALLEY NORTH OF CORBY BLVD. FROM FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEETAND A WIDTH OF 14 FEET. BEING A PART OF SORIN5 2ND ADDI- TION, PORTAGETOWNSHIP,CITY SOIJTHBEND, ST JOSEPH COU ,, irvNlfi'inAnln Hereby determines that it is desirable to vacate said property. SECTION IL The City of South Bend hereby re- serves the dghts and easements of all u8lities and the Municipal City of South Bend, Indiana, m coo- struct and maintain arty facilities, induding, but not limited to, the fdlrnving: electric, telephone, gas, water, sexer, surface water conhrol stmdures and ditches, wdhin the vacated dght-0f~vay, unless such rights are released by the Individual utilities. SECTION III. The fdbwing property may be info- riously or berreficialty aftected by such vacating: Lot number 3722 Lot number 3724 Lot number 3725 Lot number 3727 SECTION IV The purpose of the vaca8on of the real property is to increase safety in the area This alley is u8lized as a driveway for twrrres that border the alley. These homes have young children which are often playing near the alley on a daily basis. The alley way has also been noted to fadlitate vandalism or other crimes in the area SECTION V This ordinance shall be in full farce and effed from and otter Rs passage by the Con non Council and approval by the Mayor, and upon recording of a cross access easement between the property owner and the centiguous property owners. Timothy A Rouse Member of the Cannon Council Passed on Juty 23, 2007, by the Common Councl of the Cdy of South Bend, Indiana, as amended. Presented to, approved and signed by Mayor Stephen J. Luedce, on Juty 25, 2007. Approved: Timothy A. Rouse, Presiderd of the Common Coundl Jahn Voorde, City Clerk tt,8-3 ---. _ ORDINANCE NO. 9773-07 AN ~ ORDINANCE TO VACATE THE FOL- , LOWING DESCRIBED PROPERTY: THE AL- LEY NORTH OF CORBY BLVD. FROM FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORINS' 2ND ADDITION, PORTAGE TOWNSHIP, CITY SOUTH BEND, ST. JO- SEPH COUNTY, INDI- ANA STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is ~~~- charged with the author- ity to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above de- scribed public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDI- ANA, 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 propperty:' ~- THE'ALLEY fiIORTH OF CORBY BLVD. FROM FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SO- RINS' 2ND ADDITION, PORTAGE TOWNSHIP, CITY SOUTH BEND, ST. JOSEPH COUNTY, IN- DIANA Hereby determines that it is desirable to vacate said property. SECTION I1. The City of South Bend hereby re- serves the rights and easements of all utilities and the Municipal City or South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, tele• phone, 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 follow- ing property may be inju• riously or beneficially af- fected by such vacating: Lot number 3722 Lot number 3724 Lot number 3725 Lot number 3727 SECTION IV. The pur- pose of the vacation of the real property is toin- ereasesafety,'in the area. This alley is utilized as a driveway for homes that border the alley. These homes have young chil- dren which are often playing near the alley on a daily basis. The alley way has also been noted to facilitate vandalism or other crimes in the area. SECTION V. This ordi- nance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and upon recording of a crossaccess easement between "the- property owner and the contigu- ous property owners. Timothy A. Rouse Member of the ,. Common Council Passed onJuly~23, 2007, by the Common Council of the City of South Bend, Indiana, as amended. Presented to, approved and signed by Mayor Stephen J. Luecke, on July 25, 2007. Approved: Timothy A. Rouse, President of the Common Council John Voorde, City Clerk t t: R: R State of Indiana St. 7oseph County se: Personally appeared before me, a notary-public in and for said county and state, the undersigned Carol Smith who, being duly sworn says that she is of competent age and is Advertising Director of The South Bend Tribune, a daily newspaper which for at least five (5) consecutive years has been published in the City of South Bend, county of St. Joseph, State of Indiana, and which during that time, has been a newspaper of general circulation, having a bona fide paid circulation, printed in the English language and entered, authorized and accepted by the post office department of the United States of America as mailable matter of the second-class as defined by the act of Congress of the United States of March- 3, 1879, and that the printed matter attached hereto is a true copy, which was duly published in said newspaper. 1 time s, the dates of publication being as follows: August 3, 2007 C~~~P Subscribed and sworn to before me this 3rd day of August 2007 . Geraldine Dickey Notary Public Resident of St. Joseph County My commission expires January 28, 2009 Charges $46.97