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Home My WebLink About10163-12 Vacate - Alley Olive StreetORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana June 25, Attest: Ay? Attest: 2012 Presented by me to the Mayor of the City of South Bend, Indiana June 26, 20 12 10163 -12 City Clerk President of Common Council Approved and signed by me w ° 20 i L City Clerk Mayer ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRST EASTMEST ALLEY FOR A CENTERLINE DISTANCE OF 125.71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EASTIWEST ALLEY 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 NORTH /SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRS EASTM/EST ALLEY FOR A CENTERLINE DISTANCE OF 125.71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EAST/WEST ALLEY. BEING PART OF JANKOWSKI'S SUBDIVISION OF SOUTH PART OF LOT 11, KUNSTMAN AND MEYER'S ADDITION AND ALSO BEING A PART OF THE WHITCOMB AND KELLER'S SUBDIVISION OF THE SOUTH PART OF LOT 11, KUNSTMAN AND MEYER'S 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 Ill. The following property may be injuriously or beneficially affected by such vacating: 018- 2037 -1267 018- 2037 -1269 018- 2037 -1270 SECTION IV. The purpose of the vacation of the real property is to vacate short alley that is not needed, because people throw a lot of trash in the area. It is being used as a dumping ground. We would like to beautify this area with flowers and plants to help deter people from just dumping their trash. We think is would help improve our neighborhood. 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: Ci Cler Presented by me to the Mayor of the City of South Bend, Indiana on the 9� � day of 7g, v , 2 d l2_ , at Lfl ' La o'clock c __. m. C City Clerk Approved and signed by me on the day of J , 2 0� L , at '-f -� 30 o'clock . M. M 151 READING r' 2 l Z PUBUC NEARING 3 rd READING - -t Z NOT APPROVED REFERRED PASSED ( L hee d ice MAY 14 NIZ Jade.- %70Ifi6 E CITY CLEMX, SOUTH BEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 17 -12 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRST EAST/WEST ALLEY FOR A CENTERLINE DISTANCE OF 125.71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EASTAMEST ALLEY 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 RIGHTS -OF -WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE:t I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: NAME (signed & printed) L�� L 0-\r0 -�J- ADDRESS LOT # Z 3 L� RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574 - 235 -9221 CONTACT PERSON (S) NAME: A� ClR,vA 5" ADDRESS: ,3l--t 5° S.A - PHONE: Z &V --3 (� F4 ass taa, My 4 .4 Niz CITY CLEQP(, Q-GUTH BEND, IN 6 to 0 %0l)(r/'D LEGAL DESCRIPTION: The alley to be vacated is the first North/ South alley East of Olive Street, from Longley Avenue to the first East/West alley for a centerline distance of 125.71 feet and. a width of 14 feet including one angled corner at the East/West alley. Being part of Janowski's Subdivision of South Part of Lot 11, Kunstman and Meyer's Addition and also being a part of the Whitcomb and Keller's Subdivision of the South part of Lot 11, Kunstman and Meyer's Addition, Portage Township, City of South Bend, St. Joseph County, Indiana. INTER - OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Janice Talboom Deputy City Clerk FROM: Michael Mecham, P.EA ?5 City Engineer SUBJECT: Al Carothers' Petition to Vacate an Alley DATE: April 25, 2012 In October 2010, the Board of Public Works considered Mr. Carothers' proposal to vacate a north /south alley adjacent to property he owns along Longley near Olive. The proposal was reviewed by the Area Plan Commission, the Fire Department, Solid Waste, Community & Economic Development, and Engineering. After reviewing the comments from those departments, the Board offered a favorable recommendation to Mr. Carothers. I have consulted with others in the Engineering Division who were involved with this request. We are not aware of any changed conditions in the year and a half that has intervened that would change comments to the Board. If Mr. Carothers were to file a vacation petition for the same alley, I expect the Board of Public Works' conclusion will be the same. The next step for Mr. Carothers' is to petition the City Council for resolution of the vacation. c: Linda Martin Tony Molnar What we do today makes a difference! Filed !r 4.1fte [APR 26 2012 CITY CLEN&, , � KENO, IN 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BoULFvARD SOUTH BFND, INDIANA 46601 -1830 Mr. Al Carothers 2314 Longley Avenue South Bend, Indiana 46619 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS October 11, 2010 PHONE 574/ 235 -9251 FAX 574/235 -9171 TDD 5741235 -5567 RE: Alley Vacation — The First North /South Alley East of Olive from Longley South to the First East/West Alley (Preliminary Review) Dear Mr, Carothers: The Board of Public Works, at its October 11, 2010, meeting, reviewed favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community & Economic Development and Engineering. 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. This alley is currently utilized for picking up both garbage and ' recycling from the petitioner's property. If vacated, the petitioner will place all waste receptacles in the east -west alley to the south. This alley will continue to have through access to both Olive Street and Huey Street. Northern Indiana Public Services Company (NIPSCO) stated there is a two -inch plastic gas main in this alley that they will need to have access to for maintenance and operation purposes. A structure cannot be placed on the alley with the active gas main present. GARY A. GILOT, P.E. .DONALD E. INKS CARL P. LITTRELL PRESIDENT MEMBER MEMBER October 11, 210 Al Carothers Alley Vacation — East/West Alley Page 2 of 2 The First North /South Alley East of Olive from Longley South to the First Please contact Tony Molnar at (574) 235 -4254 prior to picking ug your radius maR. You will need a radius map showing properties within 154' 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. Sin rely, ] . d L na M. Martin, t Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering