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Home My WebLink About9816-08 Vacation - Alley - Meade, KenwoodORDINANCE No. Passed by the Common Council of the City of Soutlr Bend, Indiana January 14, 20 08 Attest: ^~5~,~„~D City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 15, 08 20 City Clerk Approved and signed by me January 16, 20 08 ~~%~-c ~ o Mayor ORDINANCE NO. ~ 0 ~ ~' ~ ~0 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first North/South alley East of Meade Street from Kenwood Avenue South to the first East/West alley for a distance of 14 feet. Being a part of Kaley's 1st Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. 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 with in 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 1. The Common Council of the City of South Bend having held a Public Hearing on the petition vacate the following property. The alley to be vacated is the first North/South alley East of Meade Street from Kenwood Avenue South to the first East/West alley for a distance of 14 feet. Being a part of Kaley's 1st Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. 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 111. The following property maybe injuriously or beneficially affected by such vacating: Lot #2502, Lot #2504 SECTION IV. The purpose of the vacation of this property is for elimination of neighborhood individuals using this alley for gathering (hanging out), making noise, drink- ing and in general trashing the adjoining properties. 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. Attest: ' C rk Member of the Co on Council Presented by me to the Mayor of the City of South Bend, Indiana on the _~ day of ~ccn~v..t~,~,~ , 2007, at 1 '• ~S' o'clock ~p , . M. ~~~\ City C e k y I~.R,r~--1 t~ ~'°~ Approved and signed by me on the /(~ day of ~~~ , 296, at L~ o'clock G? .m. ~Z-t o-~~ 1 st READING ` ~ o~ PUBLIC HEARING ~ J 3rd READING ~ -t `t-0~ NOT APPROVED REiEI?RED Pr1SSED ~ -~ ~ ~ - ~ b Mayor, City of outh Bend, Indiana File !n Clerk's Office NOV 2 1 2007 JOE;N ~'OOPDE CITY CLEhK, S0. BEND, IK TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 86-07 BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MEADE STREET FROM KENWOOD AVENUE SOUTH TO THE FIRST EASTNVEST ALLEY FOR A DISTANCE OF 14 FEET. BEING A PART OF KALEY'S 1ST SUBDIVISION, 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 favorite recommendation. Derek D. Dieter Chairperson. Committee of the Whole PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: l f ~ ~~ I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: ~jyn~-/ ~0 7~f~ ~-r25~ ~/~sT~lc.1~s~ ~~y B. THE STREET DESCRIBED AS: ~c~ r~ /~r/~~JU~ NAME (signed ~ printed) ADDRESS '/ ,/~mA~A~/ _A- _ ~'A~,Alyl~f/ ~~...+(,~ ~3e~,`~N ~f~~L~ 5 Q~~~ee 2001 o ~~~no ~~ rct CITY CAF-~~,' RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 LOT # 2502 CONTACT PERSON (S) NAME: RAM/a17A1V S'AL/-~mE/~ ADDRESS: `-S8/1 ,S~erLi ~g (~~~/D ~ru ~e ti' ~~1~yd s3~ PHONE: ~~~ ~Z3- c~2~~-- ~-- W W CY_ C.f ) W C~ W LINDEN ADEN U E F- W W z O W W The alley to be vacated is the first North/South alley East of Meade Street from Kenwood Avenue South to the first East-/West alley for a distance of 14 feet. Being a part of Kaley's 1st Subdivision, Portage Township, City of South Bend, St. Joseph County, Indiana. ~ ~~ ~ ~ ~ u~ ~ N r~ ~ N rn ~ N ~ c~ ° N o in N I I I _~ N o ~ N o ~ N I I 0 N I N 0 N I I I 1316 COUNTY-CITY BUILDING 227 ~/ JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS October 23, 2007 Mr. Ramadan Salameh Discount Depot 2512 Royal Vista Terrace South Bend, Indiana 46637 PHONE 5741 23 5-925 1 Fax 574/235-9171 TDD 574! 235-5567 RE: Alley Vacation -North Half of North/South Alley South of Kenwood Avenue and West of Freemont and the West Half of the East/West Alley South of Kenwood Avenue and West of Fremont Dear Mr. Salameh: 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 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. Community and Economic Development stated that the north/south alley is okay for vacation. However, the residence at 2525 Linden appears to have a garage on and uses the east/west alley. The Fire Department stated that a fence and the vacation of these alleys make it difficult for the people on Linden Avenue. Environmental Services stated that the vacation of these alleys will affect trash collection. Engineering stated that the neighboring properties rely upon the existing alleys for access and this vacation will hinder the development of surrounding properties. GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER October 23, 2007 Salameh, Ramadan Page 2 of 2 The Board of Public Works is giving this vacation an unfavorable recommendation. A security fence can be installed without vacating the alley and trash collection will be affected. If you wish to proceed with this vacation, 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 (S74) 235-9254 prior to picking up your radius map. 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 forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, ,, ``' Lmda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering