HomeMy WebLinkAbout10126-11 Vacate - Portion of Rose Street and Three Adjacent Alleys ORDINANCE No . 10126-11
Passed by the Common Council of the City of South Bend, Indiana
October 10, 2011
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Attest: �' City Clerk
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Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 11, 2011
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City Clerk
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Approved and signed by me 0 c t o b e r 12, 20 11
ORDINANCE NO. �� � �'�'J��
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A
PORTION OF ROSE ST. AND THREE ADJACENT ALLEYS
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 first alley to be vacated is the first East/West Alley South of Rose
Street from the first North/South alley East of Sherman Street to the second
North/South alley East of Sherman Street for a distance of 240 feet and a width
of 7 feet.
The second alley to be vacated is the first North/South alley East of
Sherman Sfreet from Rose Street South to the first East/West alley for a distance
of 128 feet and a width of 14 feet.
The third alley to be vacated is the second North/South alley East of
Sherman Street from Rose Street South to the first East/West alley for a distance
of 128 feet and a width of 14 feet.
The street to be vacated is a portion of Rose Street from the East right of
way of the first North/South alley East of Sherman Street to the East right of way
__ line of the second alley East of Sherman Street for a distance of 254 feet and a
width of 60 feet.
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All four vacations are located in the Northwest Addition, 3�d Plat, being a
part of the City of South Bend, Portage Township, 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:
Lots
018-2110-406702 018-2162-5937
018-2110-406701 018-2163-597801
018-2162-5945
SECTION IV. The purpose of the vacation of the real property is to put
up a fence and gate to keep people from dumping trash down the lane, as well
as to keep drug dealers as well as other criminals from approaching the house. I
have had more than one incident when someone came to the house to rob it, or
to signal the drug dealers in the apartments across the yard. Once two men in a
stolen SUV came down the lane seeking to elude the police. They drove the
SUV into an open pit and found themselves trapped. One of the police officers
offered to use lethal force when one of them pulled a weapon on him.
Beyond the safety issue, I would also like to put of a garage/storage
facility on the East side of the house which of necessity would encroach on the
alley. Since there has never been an alley at this site, and Rose Street has never
gone through, much less been paved, I didn't think this will be an imposition on
anyone.
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.
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Mem er of t e Common Council
Attest:
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City lerk c�u.p.,,�•�
Presented by me to the Mayor of the City of South Bend, Indiana on the
( 1-?� day of C��5.�- , 2 o c� , at � �a� o'clock�. m.
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City Clerk � �.�,;�
Approved and signed by me on the 1'� � day of (���G-c�,
2 �j/ , at �-v o'clock_c�. m.
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Mayor, City of S th Bend, Indiana
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NOT. APPROV�D
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`I2EFERRE� %` ��
PASS� '�+44�
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE:
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The first alley to be vacated is the first East/West alley South of Rose
Street from the first North/South alley East of Sherman Street to the
second North/South alley East of Sherman Street for a distance of 240
'feet and a width of 7 feet.
The second alley to be vacated is the first North/South alley East of
Sherman Street from Rose Street South to the first East/West alley for a
distance of 128 feet and a widfh of 14 feet.
The third alley to be vacated is the second North/South alley East of
Sherman Street from Rose Street South to the first East/West alley for a
distance of 128 feet and a width of 14 feet.
B. THE STREET DESCRIBED AS:
The street to be vacated is a portion of Rose Street from the East right of
way of the first North/South alley East of Sherman Street to the East right
of way line of the second alley East of Sherman Street for a distance of
254 feet and a width of 60 feet.
All four vacations are located in the Northwest Addition, 3�d Plat, being a
part of the City of South Bend, Portage Township, St Joseph County,
Indiana.
NAME (signed & printed) ADDRESS LOT#
_Mary A. Miller 801 W. Douglas Rd 018-2162-5945
�,.,, _,.. .., � ����-�J Mishawaka, IN 46545
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CONTACT PERSON (S)
NAME: /�'7�-�' /I., /�'M /L.G�=/Z..
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS: ��D /��fC S��
JOHN VOORDE, CITY CLERK ,/
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SOUTH BEND, IN 46 �°° /
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LEGAL DESCRIPTION: � ;:; � �.°'"`
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The first alley to be vacated is the first East/West alley South of Rose Street from the
first North/South alley East of Sherman Street to the second North/South alley East of
Sherman Street for a distance of 240 feet and a width of 7 feet.
The second alley to be vacated is the first North/South alley East of Sherman Street
from Rose Street South to the first East/West alley for a distance of 128 feet and a
width of 14 feet.
The third aliey to be vacated is the second North/South alley East of Sherman Street
from Rose Street South to the first East/West alley for a distance of 128 feet and a
width of 14 feet.
The street to be vacated is a porfion of Rose Street from the East right of way of the
first North/South nlley East of Sherman Street to the East right of way line of the
second alley East of Sherman Street for a distance of 254 feet and a width of 60 feet.
All four vacations are located in the Norfhwest Addition, 3rd Plat, being a parf of the
City of South Bend, Portage Township, St Joseph County, Indiana.
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1�X��OUIVTY�.ITY�iUILDIIVG w,�`, \� ����� Pxt�Ne 574/235-9251
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CiT'Y OF St31TT�i �END ST�PHEN�. LUFCKE,MA.X(.lIt
B�►�n► oF Pu�L�c '�ax�s
December l 3,20 i 0
Ms; Iviary�. Miller and Ruth A..Amos
930 Rase Street
South Bend,India�ia 46b16
RE: Altey Vacation—Tkie Square Block Encnm.passing the First and Second NarthlSouth Alleys East'of
Shennan'Street;Rose Streetbetween Said Alleys and tize E�st/tVest Alley South of�2ose between the
First and Second North/South Alleys �
(Prelz�ninaz�y Review)
� I�ear Ms.Milier and Ms.Amas:
The B�ard of Public Works, at its December fi, 2010, zneeting, reviewed co�nments by the
Engineering 17ivisioti; Area Plan Cninmission, Economic Development, Fire Deparhnent, Police Department,
�olid Waste I�ivis€on and the City Attorney's Office. The following comments and recmm�nendations were
submitted:
�rea PIan s#ated that the vacation would not hinder tl�e growth or orderly development of the unif or
neigl�barhood in which it is located or to v✓hich it is contiguous. The vacation would not make access to the
Iands of the aggrievecl person by ineans of public way dif�eult or inconvenient. The vacation would not hinder
the public's aecess ta a church,school or other public building or place. The vacation woutd not l�inder the use
of a public right of way hy tlie neighbarhood in which it is located or to which it is contiguaus.
The City of South Bend Engineering Deparrinent noYed that Lot 230 would have access only via alleys
and the thirty foot wide re�nnant of the vacated street which would attach to that lot. Ownership of the vacated
alley would 6e split with the property owner ta the north. An Access Agreement with that landvwner n�ay be
needed. That property awner's agreetnent to this vacation is essential. Also, the north/sauth alley north of
Rose Stxeet s1�ould be vacated or the vacation of Rose Street should be 14-feet less..
Please contact Tonv Molnar at {574) 235-9254 prior to pickin� un your radius map You will
r�eed a rad�us tnap showing properties ��tthin 150' of the proposed vacation for your petition to the Cammon
Council. Onee you pick up the radius map,proceed to the City Clerk's office for yai�r alley vacatian packet.
Sincerely,
����--��.��..�� .__..j�/��}.;'`c�t-l�;
Linda M.Martin,C1erk ��
c: Federico Rodriguez,Fire Department
Tony Molnar,Engineering
Janice Talboom,City Clerk's Office
Carl Littrell,Engineering
GARYA.GILQT�P.E. L�ONALD E.TNI{S ,JUT-IN H,MURPHY
PRESil�ENT MEMBBR MEMBER