Loading...
HomeMy WebLinkAbout9610-05 Vacation Alley - Calvert St. from Franklin, being a part of Shively's Addition7 ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana September 12, 20 05 Attest: Attest: ~~ Ciry Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 13, JOHN 20 05 City Clerk Approved and signed by me September 16 20 0 5 Mayor Ordinance NO. ~ ~D ~ ~ ' ~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first East/West alley South of Calvert Street from Franklin Street West to the First North/South alley for a distance of 181.5 feet And a width of 14 feet. Being a part of Shively's Addition to the City of South Bend, St. Joseph County, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code 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 South of Calvert Street from Franklin Street West to the First North/South alley for a distance of 181.5 feet and a width of 14 feet. Being a part of Shively's Addition to the City of South Bend, St. Joseph County, Indiana. 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 271 and 272 SECTION IV. The purpose of the vacation of real property is because the alley is overgrown with trees and brush and is no longer used as an alley, and is currently un- maintained by anyone except myself. 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 rented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. e~w` City Clerk Approved and signed by me on the l ~,~ day of ~2, ~c~- , 2 (~0~ , at 3 `~ tS o'clock ~_. m. Mayor, City f outh Bend, Indiana /~~ ~ `~`/~Q~ti`'v~`~ ~,..oa ~..' /ham or' SGT- /G oL•~ U i Sf ~a.~iRc ~ ~ ©~ Pti3l1% HEAIII~G~ ~ ~3 rd READING ~~\2-0~ NOT APPROVED P.EF~R~ED PASSED ~"~ZOS Filed In Clerk's Office b~ AY 2 3 2005 JOHN VOORDE ~( CtEAK, S0. BEND,1N.l TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 48-05 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM FRANKLIN STREET WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 181.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SHIVELY'S ADDITION TO THE 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. Roland Kelly Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEYSI TO THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA DATE: 2Y Uri' I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: T~l~ t! Y~~ ~~~ ~~T tl /~cI ~e~b D~ Ca yVQ.+''~ ~f~'~ ~~D~yl ~ieAnlC~n~ ~~~ W~E -~ o ~ ~~~ ~/Gl~fih ~ S~v~h C/ ~i~ a l~iy~~~~ D ~8/• S a~c~ a wj ~ ~ B. THE STREET DESCRIBED AS: '~'~, le (J/~ ~f ~Of~"h ~`i`/~17~ ~~TD~~p~CDU T~ ~/V ~1~~NKll1I ~ ~"~E~ NAME (signed & printed) ADDRESS ~, / - LOT # ~~il ---`~- ffice Fiie~ ID C - , ~,~ AY 2 3 2005 JOF;N VSO BEND, IN. Cry CLEfiK, RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 CONTACT PERSON (S) NAME: ~ 1 ~ f ~~~~ ADDRESS: X90 ~ ~~1f i~l~/N ~r~h ~/tfD -/J ~~v ~3 ~~ t_ ~ PHONE: ~ lS ~ '~ 7 ~ ~~ ~ ~ / - Z~Z- l~Gi Ivy/- f~0~ 7 7 ~- ~ ~- f~ CA~VERT ST. R 150' 204 ~ 269 270 71 331 R150' ~ 14' ~ ' 272 181.5' R 150' 273 R150' 330 27 9 5 6 329 z 277 ~ 280 328 ~ z 281 327 Q 282 326 ~ LEGAL DESCRIPTION: The alley to be vacated is the first East/West alley South of Calvert Street from Franklin Street West to the first North/South alley for a distance of 181.5 feet and a width of 14 feet. Being a part of Shively s Addition to the City of South Bend, St. Joseph County, Indiana. Fitect t~ Ctartc'~ ®ffiace t9 AY 2 3 2005 JO}iE3 V~oADE tYt y v. u ~ 332 33 334 335 D ° 37 338 339 340 341 342 ~~1?~~ ~. ~ ~ , ..~~ - t ~ w in~~ t.a a J :jam ~ .k~~ k1 ~ F ~ltox+f'.~,` 1 ~+'~~' ~P'e.':~3f ~ ~l"sL~i'F J~x 4 ~' t~` ~' ~ ~~ ~'8 80~J-1 ~t" ~~ ;~ ~ ~ ~ ~~' ~ ' ~~ ~ 1 1~8-8008-0377 t -~ a ~ ~ ~oz3=i ~a1 ~ i _i e-~o~ti ~:~ a i =~eo~~ > >ad _f~~: I {{ r , t` , _ 77 ~ ~. ~~ ~ a, c ~ ~G.a if c v i ~ ~R~ o i. ~ - jl p , i` _ _ __ _ l ~~L= _ _ ~ 7 _ ~~~ __ _'•CB~V~f~ _ _ a o- W~ /If 1 - 1 irr '"` _ ~ ,} ~ r~y'Si',: ~ '~'~r~ '3.~ ~ ~~. ,1'2~:~ C~i w c ~ ~ ~. ~y/~r' . ~.,Hi~~r..v. ;;~~. _ _.., ..._ .r...,, ~ _ 'r '~ "~, r~. 4 ;,,~ ~'~ ~ -~' Y'~;j ~,i -tl-r'F~iY'` i-s~~ T 1'e,~ *• `~ 7N~ `` ~ y ~ Oa~ 1r 51r ,, _ %o .. ~ t .{. ^ ,~ ~~ ". i ~ .... a .~ ~ ki J ~ f~f .~~µ ~~ -k ~~ _ ,~r. 1. € ~ ~ ~ ,. ~,''' F;,- ~ ski ~ ~~ ~ S .. -~'+ ~ '~~` ~ F r; I 18-8044-175401 , ,.~ , r~ ,t }~, :r~~~ : ~,. ~:x >} I. r 'im '~ ~ ~~ ~. ~"' 18 8044'x,1755 1 t5~ 4_l~ `°~~ r. ~, ~ , ~ x © o e t13 ° a: ~O ~~ L. M ~ o ~ ~ N ~~ s cc O ~ ~ S ~ tJ Information shave on Ihls map is not wananted for accuracy or merchantability. Reproduction o(this material is not possible ~+ithoutwdtten pem9ssion of St. Joseph County, Indiana. ~ ~ ~-Ella-k ?1~ 1~~t~ 1" 7.~ :~ ~ "`~ ~ y~,.y~x w 6e ~ f Rev, ~Y, i , „ ` _ ~i ? j ,. ~' ' ~' f t~^ ~~'/" Diu ~ >~ l -,,,~ 1 ~ ,k' ~~'. ~,/r~ ~ L-~~ i 1 ;i i~ 3 1 .51 ~ ~~ a f i ~~ I Photogr,~a.~}}h..~~y:Sprin92002 ~='" 1 ~01d 1 ~~U~ ~ ..1 ~ ~ /~(~ Prepared by: r' . t"' ~ 1 ~ ' ;, ~ W E St. Joseph County Auditors Office - - ~ \y'''IYT7CTl"Y -... ~ 11 I :, ' ~ , ,~ r ''. ,, ,...' ~ ,.~~tC ~"~ ~ . ~ `. 227 W. Jefferson Blvd. a 1 ti=tf044 1 r82~ ~ 1,8=8u44;,1j7~43 ~ ~ "'.- ~ ,,~ ~;a~ S soot ~one~(s7a~) 29 -sass Ii8ats0%34 ~ X55: ~ 1 ,~i '°(s } ~, ' t Y j ~ ,, M 1 ~ ~ ii t 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 40601-1830 CITY OF SOUTH BEND STEPHEN J. LUECkE, MAYOR BOARD OF PUBLIC WORKS August 8, 2005 Mr. Mike Teeter 1903 Franklin Street South Bend, Indiana 46613 PHONE574l235-9251 FAx 574/235-9171 TDD 574! 235-5567 RE: Alley Vacation -Alley Between Lots 330-1742 and 331-1741 off ofFranklin, in Shively's Addition. Preliminary Review Dear Mr. Teeter: 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 recommends that alley be vacated. The vacation would not hinder the growth of orderly development of the unit or neighborhood, public access to a church, school or other public building or place or the use of public way by the neighborhood in which it is located. If you decide to proceed. with your request to the Common Council, please address the recommendations and provide solutions for the alley vacation. If you have any questions, please contact Tony Molnar or Carl Littrell at (574) 235-9251. We are holding a radius map showing properties within 150' of the alley. You will need this radius map for your petition to the Common Council. Once these concerns are addressed, please pick up 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, ~~~ ~~~~ Angela K. Jacob, Clerk ~---- c: ny Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering Sharon Kendall, E/D GARY A. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER ( .. INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: t/ Carl Littrell, Engineering Department John Byorni, Area Plan Commission Sharon Kendall, Community & Economic Development Larry Magliozzi, Community & Economic Development Bob Mathis, Community & Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk ~\~ RE: Request for Recommendation -Alley Vacation Location: Alley between lots 330-1742 and 331-1741 off of Franklin, in Shively's Addition. (Preliminary Review) DATE: July 18, 2005 DUE: 8/2/05 FAX OR E-MAIL TO: 235-9171 / aiacob(a~ci.south-bend.in.us RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ~~ - - v f BY: ~' ~ DATE: /9/~S~ - , Jal. 19. 200 8:42AM BRD PUB 4~'ORKS & SAFETY INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission . Sharon Kendall, Community & Economic Development Larry Magliozzi, Community ~ Economic Development Bob Mathia, Community 8~ Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk No, 8203 P: 1/2 RE: Request for Recommendation -Alley Vacation Location: Alley between lots 330-1742 a_n_d_331-17_41 off_o_f F_r_ank_lin_, in Shi_v_ely's Addition. (Preliminary R®view? DATE: July 18, 2005 DUE: 8!2/05 FAX OR E-MAIL TO:, 235-9171 / a~acobCa~ci.south-bend.ln.us RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS ~. RECOMMENDATIONS: .~~ h ~., H ~.. n .r 1~ fr i ~-~l' ,ri.,n ~`~ '~ 12 ~t ~N~S ~r ,u.X_9 % k r~ 1~ ~c ~.~t ~~ ~--r~ ,. .-~ BY: I~.,~ , ; y~~y"~~.v DATE: 7~~`~~L',~ Jul.,l.y. 2OQ5 9:CiFAM BRD Fl1B W{ARKS & BAFETY INTER-~FF1GE MEMORANDUM BOARD OF PUBLIC WORKS NG.82f)7 F. 1 7(7: Carl Littrell, Engineering Department ` John Byorni, Area Plan Commission ` Sharon Kendall, Community & Economic Development Larry Magliozzi, Community & Economic Development ' Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department; Tom Bodnar, City Attorney's Office ' FRAM: Angie Jacob, CierK ~` RE: Request for Recommendation -Alley Vacation Luca#ipn: Alley between lots 330-1742 and 331-1741 off of Franklin in Shively's Addition. (Preliminary Review) DATE: July 18, 2005 DUE: 8I2/05 FAX OR E-MAIL TO:, 235-9171 1 aiacob aC~.ci.south-bend.in,us RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIQNS: av:~_- a~ y~~ TE: ~-2o a ~_~o_ os 07-19-05 08:50 RECEIVED FROM:574 235 9171 P.01 ' ~ ~ Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 www.areaplan.org Fax 574 235-9813 July 21, 2005 The Board of Public Works 13`h Floor, County-City Building South Bend, Indiana 46601 FtE: Alley Vacation-Alley between lots 330-1742 and 331-1741 off of Franklin St., in Shively's Addition. Dear Board Members: The staff has reviewed this petition relative to IC 36-7-3-13. 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. The staff recommends these right-of--ways be vacated subject to any utility or turn=around easements required. re y, _ Paul J. Thuri ger Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Jul 25 Q5 08:~5a Jui.l9. 2635 8:58/a~ SBPD TRRFFIC BRD PUB '~lORKB & SAFETY INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS [219)235-9308 p.2 !~o.82C6 P. 1 TO: Carl Littrell, Engineering Department John Byornl, Area Plan Commission Sharon Kendall, Community & Economic Development Larry Magliozzi, Community 8 Economic Development Bob Mathis, Community & Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk ~` RE: Request For Recommendation -Alley Vacation Location: Alle between tots 330-1742 and 331-1741 off of Franklin in Shivel 's Addition. (Preliminary Review) DATE: July 18, 2005 DUE: 8/2/05 FAX OR E-MAIL TO:. 236-9171 lajacob(r~ci.south-bend.in.uS RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS 8 RECOMMENDyATIONS: _~T r dy /Pf ~ tv^) BY' % ~I~ DATE: ~ ~ ~~ ~ 08/01120,05 15:48 5742359305 Ju1.19, 2005 8:44AM BRD PUB WORKS & SAFETY SOUTHBEND FIRE DEPT PAGE 01 No, 5203 P. 1/2 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littr+all, Engineering Department John Byomi, Area Plan Commission Sharon Kendall, Community & Economic Development Larry Magllozai, Community & Economic Development Bob Mathla, Community b Economic Developm®nt Wowar+d Buchanon, Fire Department Jack Dllfon, Solid Waste William Kreus, Police Departm®nt Tom Bodnar, City Attomey~s Office FROM: Angie Jacob, Clerk RE: Request for Recommendation -Alley Vacation Location: Alley between lots 330-1742 and 331741 off of Franklin„yi v'a t'o (Preliminary Review) DATE: July 18, 2005 ouE; s~tios FAX OR EMAIL TO: 235-9171 ! aiacob~ci.couth-bend.ln.us RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS 8 RECOMMENDATIONS: FAX TRANSMISSION CITti' OF SOUTH BEND DEP,~RTVIENT OF PUBLIC WORKS DIVISION OF ENGINEERING County-City Building Room 1316 Soufh Bend IN 46601 Phone:(574) 235-9251 Fax: (574) 235-9171 To: ~ r~ 1~~~ i.-~ ~ ~'~,~ Date: ~~0~~~ Fas #: ~-~~ Pages: From: ~7~~~t , -~ . Subject:~~ ~ G~G~~,~~~ er COl~iI~IE~iTS: .~~~,~ 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 40601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS August 19, 2005 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 PxoNE574/235-9251 FAx 574!235-9171 TDD 574/ 235-5567 RE: Alley Vacation -Alley Between Lots 330-1742 and 331-1741 off of Franklin, in Shively's Addition (Preliminary Review) Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the following property vacation: A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM FRANKLIN STREET WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 181.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SHIIVELY' S ADDITON TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA The Board of Public Works submits to you a favorable recommendation concerning this vacation. Sfitcerely, ~~,/~~ gela acob, Clerlc~ Board of Public Works c: Rosemary Mandrici, Assessor'Office Melinda Stopczynski, Auditor's Office Carl Littrell, Engineering Gary Gilot, Public Works Director GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER