Loading...
HomeMy WebLinkAbout9777-07 Vacation Alley Northside & 21stORDINANCE No. 9777-07 Passed by the Common Council of the City of South Bend, Indiana August 27, Attest: JOHN C c Attest: 20 07 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana President of Common Council August 28, 07 20 City Clerk Approved and signed by me August 2 9 20 0 7 ~~~~~ Mayor ORDINANCE NO. ~ ~ 11-0 1 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF NORTHSIDE BOULEVARD, FROM 21ST STREET, WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF DUNN'S 1ST ADDITION, PORTAGE TOWNSHIP, 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 the first east/west alley north of Northside Boulevard, from 21St Street, west to the first north/south alley for a distance of 133.5 feet and a width of 14 feet. Being apart of Dunn's 1St 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 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: Dunn's 1St Addition, 1,2,30 and 31. SECTION IV. The purpose of the vacation of the real property is to eliminate the alley which accesses and divides an existing parking lot. This parking lot has access from 21st Street. SECTION V. This ordinance shall be subject to an access agreement with the South Bend Fire Department and then shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ~~ ~ Member of t e ommon Council Presented by me to the Mayor of the City of South Bend, Indiana on the ~~_day of ~ w ~ , 2 0~) , at z`~ 3d o'clock ~~- . m. Approved and signed by me on 2~7, at ~' ?~ o'clock ¢. . m. ~ty Clerk ~ f~~ the _ "~ day of , Mayor, City of uth Bend, Indiana t st READING 1 ~ Z3 ~~ ~ ~ Pi PU6LIC HEARING g-2-~ `'~ ~ 0.1 ~'''.°""1~--^~ 3 rd READING ~_L~~o) CJ~S f}rr~-~~U ..OT APPROVED REFERRED _ J PASSED g'~~).u) a-S ~'°^"c~-mot Filed ire Clerk's Office p;~,I ~ 2 R 2001 CITY C ERK,~SO.RBEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 43-07 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EASTNVEST ALLEY NORTH OF NORTHSIDE BOULEVARD, FROM 21ST STREET, WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF DUNN'S 1ST 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 amended by adding the following to Section V. This ordinance shall be subject to an access agreement with the South Bend Fire Department and then shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Karen L. White Chairperson PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEY TO THE COMMON COUNCIL DATE: P / D OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The alley to be vacated is the first east/west alley north of Northside Boulevard, from 21St Street, west to the first north/south alley for a distance of 133.5 feet and a width of 14 feet. Being a part of Dunn's 1St Addition, Portage Township, City of South Bend, St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: None Steven eplin, President 222 . ilwaukee Street Suite 304 D~ver, Colorado 80206 ~. ~ Dunn's 1St Addition Lots 1, 2, 30 And 31 Contact Person: Lang, Feeney & Associates, Inc. J. Bernard Feeney 715 South Michigan Street South Bend, Indiana 46601 574-2~3:~~ L33-~~`l~ Fit~c~ tt~ Ct~rk's Q~~ice AUG 1 6 2007 JGN~ t'rC~~4~ GIN C! «?F;, cp, 6~PIJ, tR Fii~~ in ~6~rk'~ ~3~f~~~ li ~,', 4 4'J~ 0,~ r~ c~ ~. ~i3. FE~t7, IN. -0596 -0758 -0584 ~~~- ------------- --~ ~r i~ -0585 ~ U597 -0759 ~ $-6~ i ~ 150' -0586 j -0598 -0760 -F-~ -0587 ~ -0599 -0761 1 1 -}-.~ 1$-6022 +, -0762 ~ -4692 N -0346 (~f ; ~ 18-6135 -o7s3 ~~, ,~ O '~ . ~` X94 ~~ .~ ~~ LEGAL DESCRIPTION: -0770 .` ~~ -0771 -_~ -0772 -0773 ~ --f 1 -0774 ~ I ---t- -0775 ~ i i i -0776 -0764 ~~ ~ i .~ ------------- ---~ -0777 -0765 The alley to be vacated is the first East/West alley North of North Side Bivd., from 21st Street West to the first North/South alley for a distance of 133.5 feet and a width of 14 feet. Being a part of Dunn's 1st Addition, Portage Township, City of South Bend, St. Joseph County, Indiana. DIP13lON DEPARTMENT OF PUBLIC WORKS o Alley Vacation CITY OF SOUTH BEND, INDTDANA ° *"'~ ° w~ssar~~ 18-6016-0346, 18-5011-0584,0585, 0586,0587 18-6022-0596 18-6022-0597 Trustees of Indiana University Armelda Baker Bradley Jones Real Estate Department to m 520 E Kirkwood Ave Ste 204 1010 20 Street 1014 20 Street Bloomington, Indiana 47408 South Bend, Indiana 46615 South Bend, Indiana 46615 18-6022-0598 18-6022-0599 18-6135-4694 Richard Lamirand Christopher Sacha South bend Heritage Foundation, Inc. 51688 Wexford Drive 1022 20tH Street 803 Lincolway West Granger, Indiana 46530 South Bend, Indiana 46615 South Bend, Indiana 46616 18-6027-0759 18-6027-0758 18-6027-0760 Terry 8 Christina Elena Orozco Timothy Redden ~ Milliken 1009 21 Street 1013 S 21St Street 1110 E Wayne Street South Bend, Indiana 46615 South Bend, Indiana 46615 South Bend, Indiana 46615 18-6027-0763 18-6027-0764 18-6027-0765 Bruno Cutugno David ~ Patricia Wilson Maps Real Estate Management LLC 1147 N Hickory Road 1109 S 21street PO Box 463 South Bend, Indiana 46615 South Bend, Indiana 46615 South Bend, Indiana 46624 18-6027-0770 18-G027-0771 18-6027-0772 Thomas 8~ Monica Nimtz Josette Sindlinger Christina Martin RevocabletLiving Trust 1014 S 21St Street 1018 S 21St Street 1010 S 21 Street South Bend, Indiana 46615 South Bend, Indiana 46615 South Bend, Indiana 46615 18-6027-0773 18-0027-0774 18-6027-0775 Steven & Stephanie Rorie Donna Home Housing Authority of the 1022 21St Street 1102 S 21St Street City of South Bend South Bend, Indiana 46615 South Bend, Indiana 46615 501 S Scott Street South Bend, Indiana 46601 18-6027-0776 18-0027-0777 David Brown 8 Michele Griffin Ray Burton 1110 21St Street 1114 21St Street South South Bend, Indiana 46615 South Bend, Indiana 46615 ~U~ ~ ~ 20~J7 t WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. July 11, 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 vacation is a request for the first east/west alley north of Northside Boulevard, from 21~` Street to the first north/south alley in Dunn's 1~ Addition. The petitioner wishes to eliminate the alley that separates the two existing parking lots so that a more organized parking layout can be developed on this space. The parking lot serves an adjacent apartment complex, which is also owned by the petitioner. erel , J. Bernard 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 S r• JUL 1 1 2007 G,1'Y C..E~";, :tit:, uil~, t"d 1316 COUNTY-CITY BLiILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 40,601-1836 CITY OF SOUTH BEND STEPHEN J. 1..UECKE, MAYOR BOARD OF PUBLIC WORKS June 11, 2007 Mr. Bernie Feeney Lang/Feeney 715 South Michigan Street South Bend, Indiana 46601 PHONE 574/ 235-9251 Fax 574/235-9171 TDD 574/ 235-5567 RE: Alley Vacation -First East/West Alley South of Vine between 20th and 21St Streets (Preliminary Review) Dear Mr. Feeney: Upon review 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. Engineering stated that the west half of the alley must result in a site plan that conforms to code requirements. The Fire Department stated that it would be difficult to get a ladder truck at the rear of the apartments at 1120 South 20th Street. You will need to provide an Access Aureement with the Fire Department. Community Development is concerned why the alley between lots 1 and 24 is also being vacated when only lots 30 and 31 are where the requested vacation is located. Please contact Tony Molnar at (574) 235-9251 if you have any questions. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tonv Molnar at (574) 235-9254 prior to pickine up your radius map GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER June 11, 2007 Feeney, Bernie Page 2 of 2 Once these concerns are addressed, please pickup the radius map and 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 forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, ~ n , Linda M. Martin, Clerk c: Robert Sanders, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering Y~ dR.O~ g-TH Zd4~"gL i7Y.~9-~45~fFi~- - - b' . 'A° 53.5 965 52 /40.5 ~ i ?29.4 ? 79. I 48 I 48 4t ~ O O 43.5 ~ ~ ~f¢9 .~ 45 45 60 a ¢2 / SHANKS 1ST ADD. ~ ° ~' I I,~I~ I a v, h. ~ ~. H ~, I I la V, I tl,~ a ~ 4 `~` ' ~. no m H S~ a m 4f~~ on '~ O i O ~ ~' D`.^ F. ~ v~1t ~ m ~m ~ ~ `^ ~ ~m Z~ n 1 1 ~ \o I u ., ~, ,. 9 ~'„ ~ N , /3. ~ n is ~ I I ~~9h-0566 ~ veoAO~ 4J~-0735 ~ ~~' ~ 4-07¢7 , I 1 ~ 82-o5G8 ' ~4o Pi's 2• ¢¢-0736 1~ ' J~-a748 4 ' Q A 0373 ~ ~ ~ I 1 .y70569-~ /3Q'6 ¢,3'0737 ~ .~ G -0749 ~ ~ ~I 1 /.735 1 _ t\ ~ I ~ ~ I Q 1 / 95 ~ v • ~ i39 ~ 1 ~ ~` I p~ I .2~0576~ `A w /.-0588„ % ¢.2 -073&, ~ O ~ 7-0750 a ° O I Olt( I ~ I 41-0739 ~ ° 8.075/ y . I l o b :2G-os77k' ~/¢-0589„' 1 I ~ I ~ s27-os78 _/5 -0590 ,I s 40-07,0 t 0752 ,~" I I I I ~ ,.28-0579, ` N %G -o59i„ =39-074„= ' /~-0753u ° p ~a i I ~ • ~ ° ~/-0754 vV I 1 j ~ 29 0580 ° ~ ~ /7 0592„ ".8-0742. --'I I ~ 4b isa. -058! ~ 0 w /830593 ~' x.37 0543 v- '~ y ~ ~i~-Oj 55 ' ~`' I I YrNe sr. ~ 1 s.e ~ . ~ 18-6016 ~,~G -3/-o5az~ aI9-0594 ` `36-o7s6~~ ~ ~/.~'o~6e„= 32 -0583 ~ = 20.0595 ~~ '35-o7s7, = tu} ' /¢ -0769 ,•' I ~3 _~ag . ~i '0596 `.34-0758. O ° /5-ono; ~~. ~ s~~ ~~,~P~S~ o ~,~ I ,34 Qose~ ~2 0597 ~• 33-0759 • ~., ~ /G-o~7i,- ph ( '.350586° 0 ~ ` ~7 077~~= I ^T'~~ 1 -05$7 u ¢-0599a - ~-076/ ~' ~/8-077.af,' +~.(' ~ ~~ia .s a ~ /93.5 _ I .ae.8 ~x~s~ Aa ~-- 1 0339 ~ -_-_ 6 -07 X/9-ono I 92 _~a 620.0773` ~~1'tN(r- LO f _______~ I w• 18-6135: ~8-0764' =.21-0776 ; ~ /~1 (~D'T~S 3d I O.~SZG h I w 3 -469470765 ~ ~ ' ~2 0777 , = I n ~ ~~ 3 ~ I p~ ~~a3.B .~- 2rv-o~~p~ N °23-one ' I ~ _ I N r ,5-469G h 25.0767 ;~ GO y`~,24-0779 ' I G~ ~~ /a4./4 I • /ass w /39 I L f _---}- BLVO. I ,e•699-e~ oas ~a s~ s¢ 5aB ~4s~ 45 W Y ~ ~ '602 ~ i SUB 40F ~0 A h~ ~H1 F8. 0 ~ p Ian ~ 1 ~° I~~ w 4 f I o ~~ 4 ,s ~ ~~ 18-6016 ~ ~' , ~ ~~h~ ~ ? °+' S~pE Pf os4~,oi A ~ ~ `NORTH --' ~ a c ! .~-• f^- ~ O e--- r .~T a~~2 0 ~ ~ i ,. 0 ~ ~..v OI~~Q River ~~~~ ~ r Joseph G J ~ O~ ~ ~1SIC ~Oti _ _ry.A/ /~~ /~L J/~}~- T ~ f 4 COO! fa2.ta I_~~ . ~... -. ~ /fir ~ y 100.79 -L F ~ -- .. ' cev olw9r. rooae S~'--'~~.- `~~+-- _ ~ ~•~•~ Goal T,4GT ~ - .;~ . ~ L. _ Pf. 2664.06 ,~, ,~~ z33 t841 Pt24.20 AC. D'~~/~• M ti 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 William Kraus, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (Irbettin(a)nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ~~~ RE: Request for Recommendation -Alley Vacation Location: East/West Alley -South of Vine between 20~h and 21st Street (Preliminary Review) DATE: May 24, 2007 DUE: June 4, 2007 FAX OR E-MAIL TO:, 235-9171 / Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS ~ RECOMMENDATIONS: -----L _ . ~ i.. . R DATE: `' ,~~/6,7 -`~-~ INTER-OFFICE MEMORANDUM 130ARD OF PUBLIC WORKS _ TO: Carl Littrell, Engineering Department Jahn 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 William Kraus, Police Department Cheryl Greene, City Attvrney~s Office Jim Bettin, NIPSCO firbettinCa.nisource.com or 284-2220 fax) For Informational • Purposes Only FROM: Linda M. Martin, Clerk ~~.~ • RE: Request for Recommendation -Alley Vacation Location: East/V11est Alle -South of Vine between 20`" and 21st Street • (preliminary Review) DATE: May 24, 2007 • DUE: June 4. 2007 FAX OR !^-MAIL TO:, 235-8179 / Imartln(c71_southbtndln.gov • RETURN RECOMMENDATION PAGE ONLY, ATTACHMENTS NOT REQUIRED. 0 ~~E ~~vT !/~o s, ~'"~ 10/Z0 3Jdd 1d3Q ~~lI~ QN3S H1f10S ~..-,. I i ~~~~ 50E65£ZbLS LZ~£T L00Z/6Z/50 ~ COMMENTS 8~ RECOMMENDATIONS: INTEROFFICE MEI'JIORANDUNI BOARD OF PUBLIC WORKS ~- ~t~. ~.~ *„ , _ TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) ~`jF;~' ~ ~ ~~7 Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Developme~a~7Y OF SU,, ; ._-. Bob Mathia, Community & Economic DevelopmentDl~• ". ~,+D OF ENGINEEF;!i ;;~ Robert Sanders, Fire Department Jack Dillon, Solid.Waste William Kraus, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(c~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ~C~= RE: Request for Recommendation -Alley Vacation Location: East/West Alley'-South of Vine between 20`h and 21st Street (Preliminary Review) DATE: May 24, 2007 DUE: June 4, 2007 FAX OR E-MAIL TO: 235-9171 ! Imartin(~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ~,.,~ J /~ ` / `' ..-[ tl so~.L~ h i'l J-~ t- / ~/ ~9' .~ t-'.~-i ~y ~'~`7 , ~ L~/~, l.-fx-1~s G..p ~/ f ,~i j"<,ir w:.j'~• ~~,l. ~~%'t ~~.f~~ 1~ ~u ~•f~o,wi~ ~rY~j C7JI.t•~rj.:~~% Kai,=/ 'l.rtiGf2 r<~~' ~e~~ '~ ~ /~3' ~i-~9<i ~airl'I G6<; i-c~~ ~[~~ i/'~1~s, ~.°%lli~ ~^fJ ~v :en ~ ~% ~f~,~ ice' ~is,,,~. fi~i•~ "~' BY: ,~i` ~' ~1vt.~~ DATE: f fir!/ L~• ,/ 1 ~ t ¢^ p May 30 07 02:23p SBPD TRRFFIC (219)235-9308 p.2 INTER-OFFICE MEMORANDUM F~OARD OF P~1BL,IC WORtCS TO: t~rl Littrell, Engineering Department John Byomi, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development ` Chris Dresses, Community & Economic Development Bob Mathia, Community ~ Economic Development ~obert Sanders, Fire Department Jack DiAon, Solid Waste William Kraus, Police Department Cheryl Greene, City Attorney's Office . Jim Bettin, NIPSCO (~rbettin(a~nisource.com_ or 284-2220 fax) For Informatiana! Purposes Oniy FROM: Linda M. Martin, Clerk ~~~ RE: Request for Recommendation -Alley Vacation Location: East/l^~est Alley -South of Vine between 20"' and 21st Street (Preliminary Review) DATE: May 24, 2007 aa~iw~ ~ a~~snY ~ DUE: June 4, 2007 FAX OR E-MAIL TO:, 235-9171 l Imartin(&~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS l~ RECOMMENDATIONS: BY: DATE:~~s~~~~-~ 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 Fax 574 235-9813 May 31, 2007 The Board of Public Works 13`I' Floor, County-City Building South Bend, Indiana 46601 RE: East/ West Alley Vacation South of Vine between 20`'' & 215` 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. Staff recommends that the alley be vacated subject to any further utility or turning radius easements recommended by the Engineering and Building Departments. Sincerely ~~ Robert Nemeth, Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana INTER-OFFICE MEMORANDUPA 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 William Kraus, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinCc~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M..Martin, Clerk ~~yt/ RE: Request for Recommendation -Alley Vacation Location: East/West Alley -South of Vine between 20'h and 21st Street (Preliminary Review) DATE: May 24, 2007 DUE: June 4, 2007 FAX OR E-MAIL TO:, 235-9171 ! Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS 8 RECOMMENDAtTIONS: ~~~e'1 VC'ect",oq ('e~uCS! is ~os~}-ivel`i (2,~ a!''-ML~~c~et~. ~ ro ~e r ~'u v n ~-~ e S h/ c o r n ~ ~f S t f e~, .~ ~, o'"'` ~ I 1 v co ao ~-`' } . ~ 5 CU(fen~(.~ V4 Pend cnc~ Fd~ ~Sc~~. ND h CCs / ~~~~~,~ )SSdG,S ~ re e~~el'~= BY: C~-(-3~b0~t2I 0 fesse,~ a- sti~~cJ veceh~ DATE: ~ 1 ~ i o c -~ ~ c,( ~_ _._ ,,. i (6/5/207) Jennifer Corle - Re: Alley Vacation Page 1 ;, From: Andre Price To: Jennifer Corle Date: .6/5/2007 6:40 AM Subject: Re: Alley Vacation Thls 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 following 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 G-13-2007 10:44A FROM: LANG FEENEY & ASSOC 5746740374 TD:2359173 LANG, FEENEY and ASSOCIATES, INC. ~~ LAND SURVEYING ~ CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET ~ SOUTH BEND, INDIANA 46601 TELEPHONE 5741233-1841 • FACSIMILE 574/674-0374 WILLIAM D. LANG, PRES. IOHN H. FttNtY, L.S. 7ERANCE D. LANG, L.S. P.1~2 SUB-DIVISIONS DOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS South Bend Common Council August 10, 2007 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Request to continue Bill No. ` ~ 3 - v 7 Dear Council Members: T am requesting that Bill No. 43-07 be continued until the August 27~h meeting of the South Bend Common Council. Due to an error on the radius map provided by the Engineering Department the legal description has an error in it. The ordinance has been corrected and will be ready to hear on the 27`f'. Sin ere , J. Bernard Feeney Lang, .Feeney & Associates FilEd In Clue°~~'~ Cf~lc® AU G 1 3 2007 JOHN VOORDE CITY CLERK, S0. BEND, IN. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EASTNVEST ALLEY NORTH OF NORTHSIDE BOULEVARD, FROM 21ST STREET, WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF DUNN'S 1ST ADDITION, PORTAGE TOWNSHIP, 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 the first east/west alley north of Northside Boulevard, from 21St Street, west to the first north/south alley for a distance of 133.5 feet and a width of 14 feet. Being apart of Dunn's 1St 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 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: Dunn's 1St Addition, 1,2,30 and 31. SECTION IV. The purpose of the vacation of the real property is to eliminate the alley which accesses and divides an existing parking lot. This parking lot has access from 21st Street. 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; ~-s~t~SQ~Y Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. Mayor, City of South Bend, Indiana ~ sf RgADING ~ ~Z3~o1 PUBLIC HEARING 3 rd READWG NOT APPROVED REFERRED PASSED S ~,b~t ~( ~~(~ 7 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IF THE FIRST EASTNVEST LLEY NORTH OF NORTHSIDE BOULEVARD, FROM 21ST STREET,`~'f' ~ TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF DUNN'S 1ST ADDITION, PORTAGE TOWNSHIP, 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 charges with the authority to hear afl 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 IF THE FIRST EAST/WEST ALLEY NORTH OF NORTHSIDE BOULEVARD, FROM 21ST STREET, E~B~ TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF DUNN'S 1ST ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. hereby determines that it is desirable to vacate said property. SECTION 11. 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: Dunn's 1gt Addition, Lots 1,2, 30 and 31. SECTION IV. The purpose of the vacation of the real property is to eliminate the alley which access and divides an existing parking. This parking lot has access from 21st Street. 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 Presented by me to the Mayor of the City of South Bend, Indiana on the _day of , 2004, at o'clock . m. City Clerk Approved and signed by me on the day of , 2004, at o'clock .m. Mayor, City of South Bend, Indiana (Code §2-9(v)(9) 1 st P.EADING ~ -Z3 rG PUBLIC HEARINCa. ~ 3 rd READING NOT APPROVED REFERRED PASSED Filed !f~ C!'wrk's Office JUL 1 1 2007 .~aH~a v~o~e C'TY CLEi~i6, S0. FsSP'D, tN PETITION TO VACATE PUBLiC RIGHTS-OF-WAY (STREETSIALLEY~ TO THE COMMON COUNCIL. QF THE CITY OF SQ[7TH BEND, INDIANA DATE: ~ ~ a"7 WE, THE UNDERSICrNED PROPERTY OWNERS, PETITION YOU TU VACATE: A. THE ALLE'Y' DESCRIBED AS: The alley to be vacated if the first east/west alley north cif Northside Boulevard? from 21s` Street, east to the first northlsouth alley for a distance of I33.5 feet and a tiwidth of 14 feet. Being a part of bunn's 1 s` Addition, Portage Township, City of South Bend, St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: None Contact Person: La~~g, Feeney & Associates, Inc. 7. Bernard Feeney ~1 S Sattth Michigan Street South Eend, Tndiaria 45601 574 '"~ ~.~3 3 -~ $`t I Dunn's lst Addition Lots 1, 2, 30 And 31 Filed In clerk's ®~~iee J U L 1 1 2007 doliN VOa!;DE CITY CLERK, So. 6END, IK ie ~~dd i s~:~z c0ezree~s© Steven Replin1 p~c~ . 2l2 Milwaukee Street Suite 3t)4 Denver, Colorado 802Q6 ~~~~~ E ~~~ ¢ ~r'~ ~~f 8~e J U L 1 1 200] ~ot;r< voo~oE c~TV cGE~~~, so. e~t:o, i!~ -0584 -0585 -0586 +~ -0587 18-6022 ~ -+~ 0 ~ -4692 -0346 (~ ~ 18-6135 •` -0758 ------------- --.. -0770 .~ ~~ -0759 18-6~ ] ~~~ 0771 -o7so 150' _0772 -~--~ ~ -0761 ~ -0773 1 -0762 -0763 T (~ N ~O. -0774 j I -0775 ~ `\7 ~ -0776 ~g4 -0764 `` ~ ~~ ``~~~~ ------------- -~~~~~ -0777 -0765 LEGAL DESCRIPTION: The alley to be vacated is the first East/West alley North of North Side Blvd., from 21st Street to the first North/South alley for a distance of 133.5 feet and a width of 14 feet. Being a part of Dunn's 1 st Addition, Portage Township, City of South Bend, St. Joseph County, Indiana. D1YL4(DIf DEPARTMENT OF PUBLIC WORKS ® c~a Alley Vacation o CITY OF SOUTH BEND, INDIDANA o uZSs o ~ests~era TRI COUNTY NEWS, INC. POST OFFICE BOX 6666 SOUTH BEND, IN 46660-6666 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 South Bend, in the aforesaid county and state; that a notice of which~th~e ~copy~atta~ched henreto isna true and correct copy, was published in said newspaper ~ 1~~~' ~^h A/ + J time(s), the date of publication being as follows: 8/17/2007 Fee: $23.80 Subscribed and sworn to before me this 17th day of August, 2007 Lisa J. Andrysiak, Notary Public Resident, St. Joseph County My Commission expires February 16, 2008 ~~~ - PROOF OF PUBLICATION Notice is hereby given the citizens o/So~h Bend, St. Joseph County, Indiana, that the Common Council of the qty of South Bend, St Joseph County, Indiana, in theFouncil Cham~rs of the County-(qty Building, 217 WPS[ w`'~oo Boule- vard, South Bend, Indiana, on Monday, August 27, 2007 un11 hold at 7:00 p.m., a Public Hearing on the folloning proposed Ordinances 43-07 A BILL TO VACATETHE Fg10lMNG DESCRIBED PROPERTY: THEALLEY TO gE VACATED IS THE FIRST EASTM/EST ALLEY NORTH OF NORTHSIDE BOULEVARD, FROM 21STSTREEi, WESTTO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BE- ING APART OF DUNKS 1ST ADDRION POR- tAGE TOWNSHIP, qTY OF SOUTH BEND, ST. JOSEPH COUNr1; INDIANA 49-07 A BILL TO VACATETHE FOLLOIMNG DESCRIBED PROPERTY; THE STREET TO BE VACATED IS A PORTION OF BRICK ROAD RIGHT OF WAy LO- CATED INTHE NORTH X OF THE NORTHWEST CUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTI; INDIANA 50-07 A BILL OF THECOMMON COUNgL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARI- OUS SECT10N5 OFCHAPTER 8, gRTICLE 1, OF THE SOtf rH BENDMUNICIPAL q)DEADDRESS- ING PERMIT FEES AND THE DEFINITION OF . PLUMBING CONTRACTOR St-07 A BILL OF THE COMMON COUNgL OF THE CITY OFSOUTH BEND, INDL4NAAMENDINGARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MU- NICIPALCODE TO SETANDADJUST FEES FOR DOCUMENTS AND SERVICES Persons at 8~e meeting shall have the dght to be heard thereon. John Voarde City Cledc 1t,8-17 Notice is hereby given the citizens of South Bend, St. Joseph County, Indi- ana, that the Common Council of the City of South Bend, St. Joseph County, Indiana, in the Council Chambers of the County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana, on Monday, August 27, 2007 will hold at 7:00 p.m., a Public Pleating on the following proposed Ordinances: 43-07 A BILL TO VACATE THE FOLLOWING DE- SCRIBED PROPERTY: THE ALLEY TO BE VA- CAl"ED IS 7HE FIRST EAST/WEST ALLEY NORTH OF NORTH- SIDE BOULEVARD, FROM 21" STREET, EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF . 14 FEET. -BEING A PART OF DUNN'S 1" ADDITION, .PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH .COUNTY, INDIANA a4-07 A BILL OF THE COM- MON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLU• SION OF NEW ARTICLE 9 ENTITLED "REGULATION S ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" AND AMENDING OTHER SECTIONS OF CHAP- TER 14 RELATED THERETCAS-07 A BILL OF THE COM- MON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SET- TING THE ANNUAL SALARIES FOR THE SOUTH BEND COM- MON COUNCIL MEM- BERS FOR CALENDAR YEAR 2008 A `BTLL'OF~~HE COWI- MON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICI- PAL CODE TO ADD A NEW SECTION 2-f30 CREATING A POLICE PROMOTION PANEL 31.07 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LO- CATED AT 216 CHAPIN- STREET, COUNCIL- MANIC DISTRICT 2, IN THE CITY OF••SOUTH BEND, INDIANA Persons at the meeting shall have the right to be heard thereon. John Voorde, City Clerk 1 t: 7: 27 State of Indiana St. Joseph Conntp ss: .~r'- Personally appeared before me, a notary public in and for said.oounty 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 (S) 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: July 27, 2007 ~~ Subscribed and sworn to before me this 27th day of July 2007 . 1 Geraldine Dickey ... Notary Public ' Resident of St. Joseph County My commission expires January 28, 2009 Charges $33.46 Notice is hereby given the citizens of South Bend, St. Joseph County, Indi- ana, that the Common Council of the City of South Bend, St. Joseph County, Indiana, in the Council Chambers of the 27 ntY-City Building, BoulevardC3t Jefferson Indiana, oSouth Bend, August 27, 2007 Monday, at 7:00 will hold Hearing on the following proposed Ordinances: A BILL TO VACATE THE SCRIBEpIN F THE ALLEY OBE Vq- EAST/WEST THE FIRST NORTH OF: ALLEY SIDE BOULEOVARD, WESM TO STHE TFIRS NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND q WIDTH OF 14 FEET. BEING A PART OF DUNN'S 1ST ADDI- TION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. Jp_ SEPH COUNTY, INDI- ANA A BILL TO VACATE FOLLOWING THE IBSTREET~ p VACATED IS q F TION OF BRICK R~ RIGHT OF WAY CATED IN THE NO '~ OF THE NOF WEST OUgRTER SECTION 19, T01 SHIP 38 n~n~ MqN^TOWNSHI; CERY- OF SOUTH BEND, ST. JOSEPH COUNTY, IN_ DIANA A BILL OF THE COM- MHEN CITYO OF IL OF BEND, INDIgNA~UTH AMEND VARIOUS SECTIONS OF CHAP- TER e, gR71ai r ..~ IG D A BILL OF THE COM- MON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA 18 OF CHAPTER 4COF MUNIC POA~ TCODEETO SET AND ADJUST FEES AND SERV CESUMENTS Persons at the meeting shall have the right to be heard thereon. John Voorde, City Clerk 1 t: 8: 17 State of Indiana St. Joseph County ee: 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 (S) 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 16, 2007 ~~ Subscribed and sworn to before me this 16th day of August 2007 . Geraldine Dickey Notary Public Resident of St. Joseph County My commission expires January 28, 2009 Charges X31.31 TRI COUNTY NEWS, INC. POST OFFICE BOX 6666 SOUTH BEND, IN 46660-6666 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 South Bend, in the aforesaid county and state; that a notice of which the copy attached hereto is a true and correct copy, was published in said newspaper. time(s), the date of publication being as follows: 9/7/2007 Fee: $32.73 Subscribed and sworn to before me this 7th day of September, 2007 ~J !' ~ V ~W ~/ Lisa J. Andrysiak, Notary Public Resident, St. Joseph County My Commission expires February 16, 2008 PROOF nF_ PUBLICATION ORDINANCE N0. 9777-07 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 7HE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF NORTHSI~ ar1uLEVARD, FROM 2157 STREET WEST i0 THE FIKS~ NORTW SOlliH ALLEY FORA DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEEL BEING A PART OF DUNN'S 1ST ADDITION, PORTAGE TOWNSHIP, CiTY OF SOUTH BEND, ST. JOSEPH COUNCI; INDIANA STATEMENrOFPURPOSEANDINTENT Pursuarrt to Indiana Code Section 36-7-3-12, the Common Council is charged ~ ~ hear all petitions to vaca~ public ways oa rpua~ 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 qTY OF SOUTH BEND, INDIANq az follrnvs: SECTION 1. The Common Councl of the City of South Bend having held a public hearing on the petition fo vacate fhe folbwin9 Properly: The alley to be vacated is the first eastAvest alley north of Northside Boulevard, from 21st Street, west fo the first north/south alley for a distance of 133.5 feet and a width of 14 feet Being apart of Dunn's 1st Addition, Portage Township, Cgly ~ South Bend, St Joseph Courdy, Indiana Hereby determines that rt is desirable to vacate said property. SECTION II. The City of South Bend hereby re- servesthe rights and easements of all utilities and file Municipal (qty of South Bend, Indiana, to uron- structand maintain arty fatilities, including, but not limited to, the folowing: electric, telephone, gas, water, sewer, surface water control structures and ditches, wilhinthevacated dght-of--way, unless such ' rights are released by the individual utilities. SECTION III. The following property maybe inju- riousty ar beneficially affected by such vacating: Dunn's 1st Addition, 1,2,30 and 31. SECTION N The Purpose d the vacation of the realprooerlvicMd~~.,.,._..__., _. ORDINANCE AN ORD NANCE TO -VACATE rur ..._. PROPERTYut THE ALD- LEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF NORTHSIDE BOULE- VARD, FROM 21 ST STREET, WEST TO THE FIRST .NORTH/SOUTH ALLEY FOR A DIS- TANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF DUNN'S 1ST ADDI- TION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JO- SEPH COUNTY, INDI- ANA 'PURPOSE ANDTINTENT Pursuant to Indiana Code Section 38-7-3.12, the Common Council is charged with the author- ity to hear all petitions to vacate public ways or public places within the ary. 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,;SS fo/lows'r; ~_,,,, `SECTIO(V-.G• ~9'he '(;om- 'inon 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 Northside Boulevard, from 21st Street, west to the first north/south alley for a distance of 133.5 feet and a width of 14 feet. Being apart of Dunn's 1st 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 re- serves 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, 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 fol-: lowing property may' be inivriously or beneficially . . affected. by 'sa~rr:v~pat- "'• Dunn's 1sf Addition, 1,2,30 and 31. SECTION IV. The pur- pose of the vacation of the real property is to eliminate the alley which accesses and divides an existing parking lot. This parking lot has access from 21st Street SECTION V. This ordi- nance shall be subject to ' an access agreement with the South Bend Fire Department and then shall be in full force and effect from and after its passagebx the,Common Council-~nd'approval~by`~ the Mayor. Timothy A. Rouse Member of the Common Council Passed on August 27, 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' August 29, 2007. Approved: Timothy A, Rouse, President of the Common Council John Voorde, City Clerk 1 t: 9: 7 State of Indiana St. Joseph County ss: 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 (S) 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: September 7, 2007 ~~ Subscribed and sworn to before me this 7th day of September 2007 . Geraldine Dickey . Notary Public ' Resident of St. Joseph County My commission expires January 28, 2009 Charges X44.82