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Home My WebLink About10158-12 Vacate Alley Howard & Notre DameORDINANCE No. ,o,� -,= Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: April 23, 2012 Presented by me to the Mayor of the City of South Bend, Indiana April 24, 20 12 RDE Approved and signed by mere, Z. 20 12, City Clerk -esident of Common Council City Clerk Mayer ORDINANCE NO. � 0 ( fir,- -( L AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. BOTH ALLEYS ARE A PART OF SORIN'S 2ND ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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 FIRST ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. BOTH ALLEYS ARE A PART OF SORIN'S 2ND ADDITION TO 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: 2 Tax Key Number 18- 5104 -3652 Tax Key Number 18- 5104 -3654 Tax Key Number 18- 5104 -3653 Tax Key Number 18- 5104 -3655 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of properties located along St. Peter 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. Attest: ity Jerk Presented by me to the Mayor of the City of South Bend, Indiana on the LA -kt \� day of 2012, at o'clock Q M. City C Ork Approved and signed by me on the ZT--Yk day of , 2012, at o'clock D .M. MAYOR, CIT F OROV111 BEND, INDIANA 1 s'r READING (fA- I-)- PUBLIC HEARING 3rd READING NOT APPROVED REFERRED y y PASSED' ' "�.�3Ati Filed lr: 0;=' 04 WZ CITY CLE ER K, &0 3 W -SEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 11 -12 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET 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. This bill was heard by the Public Works and Property Vacation Committee. Karen L. White Chairperson, Committee of the Whole PETITION TO VACATE PUBLIC ALLEY RIGHTS -OF -WAY TO: THE COMMON COUNCIL DATE: February 20, 2012 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY BETWEEN ST. PETER STREET & NOTRE DAME AVENUE, SOUTH OF ST. VINCENT STREET. BEING PART OF SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,INDIANA. NAME (signed & printed) & ADDRESS Tax Key Number University of Notre Dame 18- 5104 -3652 910 Grace Hall 18- 5104 -3654 Notre Dame, ir44iana 4655566 John Sejdinaj for Uni�yosity of No a Dame Robert Bernhard 18- 5104 -3653 Deborah Bernhard 1019 N. Notre Dame Avenue South Bend, Indian"617 ert B Donald Pope -Davis Sara Pope -Davis 1017 N. Notre Dame Avenue South Bend, Indiana 46617 ynald Pope-Da4AS CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234 -4003 18- 5104 -3655 J _ O.Vaz � �r Sara Pope-Ddvis Return to: Office of the City Clerk John Voorde, City Clerk Room 455 - County -City Bldg. South Bend, I_A4 __= aggni (574) 235 -922 Fled in,, x 03ff CITY CLERK, SO%ST[h eENID, IN sr, ViAwEnrr sr e / 150' RADIUS 018 -5104 -3623 018- 5104.3647 018- 5104 -3646 N N o 018 -5104 -3648 018.510 4 -362 018 -5104 -3649 ~ c' Ln r a o y go go 018 -5104- 625 018 - 5104 -3651 X 01$•5104 -3653 U 1.3626 018 -5 04 -3627 018- 5104 -3652 rR � 1 115' 115' 018- 5104 -3655 018 -51 4 -3628 018 -5105 672 018 - 5104 -3654 C 018.5105 3672 018 -5104 -3656 018 -5104 -3657 018 -5104 -3659 018 -5104 -362 8- 5105.3673 018 -5104 -3658 018 - 5104 -3660 y 5 018- 5104 - 366101 018 - 5104 -3632 018.51.05- 367302 LEGAL DESCRIPTION: The first alley to be vacated is the first East/West alley North of Howard Street from Notre Dame Avenue West to the first North/South alley for a distance of 115 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley North of Howard Street from St Peter Street East to the first North/South alley for a distance of 115 feet and a width of 14 feet. Both alleys are a part of Sorin's 2nd Addition to the City of South Bend, Portage Township, St. Joseph County, Indiana. ®� r Filed In office CITY L IN rx Notre Dame Howard Partnership 702 S Michigan South Bend, IN. 46601 Tax Key # 018 5104 366101 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5104 3659 Robert Bretz Jr. Kelley Schwegler Bretz 1029 Notre Dame Av South Bend, IN. 46617 Tax KPV * 01 R51 n4 IMA John McGreevey & Jean McManus 1010 N Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5105 3673 Julie Krcilek 3823 N Fail Rd LaPorte, IN. 46350 Tax Key # 018 5104 3657 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5104 3651 Stephen & Elizabeth Koller 1017 St.Peter South Bend, IN. 46617 Tax Key # 018 5104 3628 Patrick J Matthews 52127 Fall Creek Dr Granger, IN. 46530 Tax Key # 018 5104 3625 Property Owners Within 150 Feet Notre Dame Howard Partnership 702 S Michigan South Bend, IN. 46601 Tax Key # 018 5104 3661 Donald & Sara Pope Davis 1017 Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5104 3655 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5105 370202 Steven & Jennifer Fortener 1006 Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5105 367302 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5104 3654 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5104 3648 Matthew & Elizabeth Sanford 1013 N St.Peter South Bend, IN. 46617 Tax Key # 018 5104 3629 James & Christina Oleksak 1035 N St.Peter South Bend, IN. 46617 Tax Key # 018 5104 3624 Notre Dame Howard Partnership 702 S Michigan South Bend, IN. 46601 Tax Key # 018 5104 3660 Robert & Deborah Bernhard 1019 N Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5104 3653 Nicholas & Diane J Entrikin 1016 N Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5105 3672 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5104 3658 University of Notre Dame Du Lac 725 Grace Hall Notre Dame, IN. 46556 Tax Key # 018 5104 3652 Dolores Tantoco Stauder 802 E St.Vincent St South Bend, IN. 46617 Tax Key # 018 5104 3646 Patrick J Matthews 52127 Fall Creek Dr Granger, IN. 46530 Tax Key # 018 5104 3627 Filed 'c maI Y Y CLEW-., A''yI U �N 40 -4LZ3 S h CO i�°� a-�Lt +siis ,a got os I' I ! OD I V h r O I O B e 4A � I i ! via !► x � s•r,� y �1 d. � Q 154WIS J IV o ..%� -Wa # L o— FA QUO S3.7VVb'�l „ [ !b V d f a r a ie ,a " 'a xI W. �u•L ,b 04 OD (,9 V h r O O B e 4A � I i via !► x � tit ..%� -Wa # L o— FA QUO S3.7VVb'�l „ [ !b V d f a r a ie ,a " 'a xI W. �u•L ,b 04 (,9 V h r O O B e 4A � I i via !► x ..%� -Wa # L o— FA QUO S3.7VVb'�l „ [ !b V d f a r a ie ob .7,NYO iffl N� fs _ S � lficR R 1 «I I suF L two QM*'. 'A S � CA x —t �►1s " ra e .9,p r 76 Vv rn F 7 9 , s't8 lo•I ! :>I; �! ! o,.a. •>Ea ' _ °� s � last s ,a " 'a xI W. �u•L ,b 04 (,9 V h r O O t ��w i via !► x � tit ob .7,NYO iffl N� fs _ S � lficR R 1 «I I suF L two QM*'. 'A S � CA x —t �►1s " ra e .9,p r 76 Vv rn F 7 9 , s't8 lo•I ! :>I; �! ! o,.a. •>Ea ' _ °� s � last s N wyg. �u•L ti (,9 V aU) O z ��w i W !► x F tit ob .7,NYO iffl N� fs _ S � lficR R 1 «I I suF L two QM*'. 'A S � CA x —t �►1s " ra e .9,p r 76 Vv rn F 7 9 , s't8 lo•I ! :>I; �! ! o,.a. •>Ea ' _ °� s � last s N a: 3 ti (,9 V aU) O z W VA*14 Danch, Harner & Associates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. February 15, 2012 Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Land Surveyors . Professional Engineers Landscape Architects . Land Planners RE: Vacation Petition for the alley to be vacated is the first East/West alley between St. Peter Street & Notre Dame Avenue, South of St. Vincent Street, being part of Sorin's Second Addition to the Town of Lowell, Portage Township, City of South Bend, St. Joseph County, Indiana. Dear Council Members: Our client, the University of Notre Dame, Robert & Deborah Bernard and Donald & Sara Pope- Davis, are requesting the approval of the Vacation for the first East/West alley between St. Peter Street & Notre Dame Avenue, South of St. Vincent Street, being part of Sorin's Second Addition to the Town of Lowell, Portage Township, City of South Bend, St. Joseph County, Indiana. The reason for this request is to allow for the re- configuration of properties for future development of properties located along St. Peter Street and the closure of the small alley segment between the two properties on Notre Dame Avenue. The Petitioners believe that vacating the above - mentioned Public Alley right -of- way will not have a detrimental effect on the adjacent properties located along this portion of St. Peter Street and Notre Dame Avenue.. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, ichael J. Danch President Danch, Harner & Associates File #120108 Filed in ° ' ce C11 H CLERK, rW't,V 1643 Commerce Drive . South Bend, IN 46628 208 West Mars . Berrien Springs, MI 49103 Office 574/234 -4003 ■ 800/594 -4003 ■ Fax 574/234 -4119 Office 269/471 -3010 ■ Fax 269/471 -7237 1316 COUNTY -CiTy BUILDING 227 W. JEFFERSON BoUuvARD SOUTH BEND, INDIANA 46601 -1830 CITY or- SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS December 9, 2010 Ms. Teri DeCola University of Notre Dame 9 I Flanner Mall Notre Dame, Indiana 46556 RHONE 574/ 235 -9251 FAX 574/'235 -9171 TDD 5741235 -5567 RE: Alley Vacation — The First East/West Alley between St. Peter St. & Notre Dame Avenue, South of St. Vincent Street and Howard Street (Preliminary Review) Dear Ms. DeCola: The Board of Public Works, at its December 6, 2010 meeting reviewed comments 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. • The Fire Department stated that closing this alley will hinder their fire attack tactics by reducing the route of the water supply to the structures at the north/south alley. • NIPSCO stated that there is a gas main in the eastern portion of the proposed alley vacation. They need to maintain access to this alley for maintenance purposes and no structures can be built over the gas main located in that alley. • Engineering stated that the approach to enter the alley on the St. Peter Street side will need to be closed if there is no vehicular access to St. Peter Street. GARYA. GxtoT, P.E. DONALD E. INxs CARL P. UTTRELL PRESIDENT MEMBER MEMBER Teri DeCola December 9, 2010 Page 2 of 2 You will need an executed Cross - Access Agreement with -your neighbors. Once the Cross - Access Agreement is executed and recorded with the St. Joseph County Recorder's Office, please forward a copy to me. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius man. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, 1 Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering io w .gyp LL w � �Z if 1141 a tv OC 5150 'Ex ww tt rez f All — a IFS f° �I �ea- j•° a a m l pak 2 f aba i F •4 p `. A = n b ID a o e _ a OD a tv OC 5150 'Ex ww tt rez f 'LS z a IFS f° of j•° a a �srtf� pak 2 uj A = n b ID a o e _ a OD i LL e u a tv OC 5150 'Ex ww tt rez f o� � z a IFS f° of j•° a a a tv OC 5150 'Ex W , y� tt rez f std= z $I IFS f° of j•° a a �srtf� pak 2 uj A = n b ID a o e _ a OD i LL e u r h I m• " L...�...� --.-- s W , y� tt rez f std= z a Li1F `C W CO a a �srtf� 2 uj A = n b ID a o e _ a OD �r a O ' m e u h m• " L...�...� --.-- s Q V LA ii av W 4'Lg y 4 Q aJ •� tt rez ap • z � Li1F `C W CO a a �srtf� 2 uj A n �? 14. A .vim �rl�ra►•r, est M "I q� f ', . 61 ffLi z LLI W CO a a �srtf� 2 uj vat 3/Yl�'O 3�lON Oo a ov j�y �j f/' q o g4 +5 a, n on � � v : OD W N ' Ie a: 3 z LLI W CO a a W 2 uj Page l of 1 Nancy Schrader - Alley Vacation Recommendation - Notre Dame From: Nancy Schrader To: Memo- Vacations Date: 11/23/2010 10:29 AM Subject: Alley Vacation Recommendation - Notre Dame Attachments: Please provide,your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235-9171 This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. NNNNIVN1/NNNNIV NNNNNI -- NNN/VN---- -NNNNN NNNNNNNNN NNNNNN file://C:\Documents and SettingsMSCHRADTocal Settings \Temp\XPgrpwise\4CEB97... 11/23/2010 INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 11123/2010 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission {ibyomi cost- ioseph.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmgriffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk. SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: University of Notre Dame Attn: Teri Decola LOCATION: The First East/West Alleys Between St. Peter and Notre Dame Avenue, South of St. Vincent and North of Howard DATE DUE: 12/10/2010 FAX OR E -MAIL TO: 235 -9171 / ImartiriRsouthbendin.00y RECOMMENDATIONS AND COMMENTS: By Date aA :7 �o ��, GeV- r� 211 r e ti Page 1 of 1 Nancy Schrader - Re: Alley Vacation Recommendation - Notre Dame From: Andre Price To: Carl Littrelt; Cheryl Greene; Chris Dressel; Federico Rodriguez; jbyorni @co.st joseph.in.us; Jeff= Gibney; Nancy Schrader; pmgriffin @nisource.com; Robert Mathia; Stephen Goen Date: 11/24/2010 6:2s AM Subject: Re: Alley Vacation Recommendation - Notre Dame Ok to vacate will not affect trash collection file:HCADocuments and SettingsMSCHRAD \Local Settings \Temp\XPgrpwise \4CECAP... 11/24/2010 INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 11123/2010 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission (ibyorni f co.st ioset.h.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pm ri in (ftisource.com) (FYI Only) FROM: Linda M. Martin, Cleric SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION University of Notre Dame APPLICANT: Attn: Teri Decola LOCATION: The First East/West Alleys Between St. Peter and Notre Dame Avenue, South of St. Vincent and North of Howard DATE DUE: 1211012010 FAX OR E -MAIL TO: 235 -91711 Imartin(ftouthbendinmov RECOMMENDATIONS AND COMMENTS: I have no objection to this vacation request so long as the needs of adjoining property owners are net. By r Date Page 1 of 1 Nancy Schrader - Re: Alley Vacation Recommendation - Notre Dame From: Stephen Goen To: Andre Price; Carl Littrell; Cheryl Greene; Chris Dresses; Federico Rodriguez; jbyomi @co.st- joseph.in.us; Jeff Gibney; Nancy Schrader; pmgriffin @nisource.com; Robert Mathia Date: 11/29/2010 9:27 AM Subject: Re: Alley Vacation Recommendation - Notre Dame Approved with m This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 e >>> Nancy Schrader 11/23/201010:28 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235 -9171 This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. ------------------------------ N N NNNNNNN /VNNNNIVNNNNN file: / /CADocuments and SettingsMSCHRAMLocal Settings lTemplXPgrpwise14CF371F... 11/30/2010 From: Federico Rodriguez To: Nancy Schrader Date: 11/23/2010 1:14 PM Subject: Re: Alley Vacation Recommendation - Notre Dame Recommendation for the vacation of the East/West alley is NO. Closing the alley will hinder our fire attack tactics by reducing the route of our water supply to the structures at the North /South cross alley. Federico "Chico" Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,1n. 574- 235 - 7564(0) 574- 235- 9305(F) frodriau6southbendin.gov >>> Nancy Schrader 11/23/201010:28 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235 -9171 ----------------------------------------- This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. From: <pmgriffin @NiSource.com> To: "Nancy Schrader" <NJSCHRAD @southbendin.gov> Date: 11/23/2010 1:03 PM Subject: Re: Alley Vacation Recommendation - Notre Dame CC: <Imartin @southbendin.gov> NIPSCO does have gas mains in the eastern portion of the proposed alley vacation. NIPSCO wilt need to maintain access to this alley for maintenance purposes. Also, no structures can be built over the gas main located in the vacated alley. Philip M. Griffin NIPSCO Project Engineer South Bend Local Operating Area Office Phone: 574 -284 -2214 Mobile Phone: 574 - 220 -3804 FAX: 574 -284 -2220 "Nancy Schrader" <NJSCHRAD @southbe ndin.gov> To <jbyorni @co.st josephJn.us >, 11/23/2010 10:28 <pmgriffin @nisource.com >, "Andre AM Price" <APRICE @southbendin.gov >, "Chris Dressel" <CDRESSEL @southbendin.gov >, "Cheryl Greene" <CGREENE @southbendin.gov >, "Carl Littrell" <CLITTREL @southbendin.gov >, "Federico Rodriguez" <frodrigu @southbendin.gov >, "Jeff Gibney" <jgibney @southbendin.gov >, "Robert Mathia" <RMATHIA @southbendin.gov >, "Stephen Goen" <SGOEN @southbendin.gov> cc "Nancy Schrader-" <NJSCHRAD @southbendin.gov> Subject Alley Vacation Recommendation - Notre Dame Area Plan Commission of St. Joseph County 1140 - County -City Building South Bend, Indiana 46601 John W. Byotni Larry P. Magliozzl Executive Director Assistant Director Phone 574 235 -9571 www. slosephcountyindiana .comlareaptan Fax 574 235 -9813 December 1, 2010 City of South Bend Board of Public Works 13 0' Floor, County -City Building South Bend, Indiana 46601 RE: Alley Vacation Applicant: University of Notre Dame Vacation of the East/West Alley between St. Peter & Notre Dame Avenue, South of St. Vincent Street and North of Howard 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. The parcels adjacent to the alley to be vacated and surrounding neighborhood are thoroughly developed. Therefore, the proposed alley vacation would not restrict any future growth or development. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. Access to the adjacent lots will not be negatively affected or eliminated as along as an access and maintenance easement is recorded for the eastern half of the vacated alley. This easement shall grant access rights to an existing shared private driveway located between two homes at 1017 and 1019 North Notre Dame Avenue. After the alley is vacated, portions of this driveway will be located on both the adjacent lots. (See attached photographs.) (3) The vacation would not hinder the public's access to a church, school, or other public building or place. The alley to be vacated does not provide access to any church, school, or public building or place. RA I E.- I 144CATIONS120101CFMEW alley N of Nmrard bnvn St Peter & Notre Dame_doc Serving South Bend, LaMvlite, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana (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 use of all adjacent public ways will not be hindered by the vacation of this alley. The north -south alley located at the midpoint of the alley to be vacated will continue to provide access to any adjacent rear yard garages. Due to the above stated reasons, the staff recommends that the proposed alley vacation be approved subject to the recording of an access and maintenance easement for the eastern half of the vacated alley. Please contact our office if you have any questions or need any additional information. Sincerely, `�De ier, AICP Planner E. -I 4ACAT10NS120101CITYVEW alley N of MmvardbtwnSY Peter & Norre Dame.doc INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS FAX OR E -MAIL TO: 235 - 9171 / Imartin(a)-southbendin.a0v RECOMMENDATIONS AND COMMENTS: BY __ Date DATE SENT: 11/23/2010 TO: v4dre Price, Solid Waste ob Mathia, Community & Economic Development ,. -Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development ,J6hn Byorni, Area Plan Commission (ibyorniCa7co.st- J4erh.in.us or 235 -9813 fax) S✓ tephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO { m ri in _nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION -- ALLEY VACATION APPLICANT: University of Notre Dame Attn: Teri Decola LOCATION: The First East/West Alleys Between St. Peter and Notre Dame Avenue, South of St. Vincent and North of Howard DATE DUE: 12/10/2010 FAX OR E -MAIL TO: 235 - 9171 / Imartin(a)-southbendin.a0v RECOMMENDATIONS AND COMMENTS: BY __ Date