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HomeMy WebLinkAbout9588-05 Vacation Alley - North/ South of Taylor from LasalleORDINANCE No. Passed by the Common Council of the City of Soutli Bend, Indiana May 9, Attest: Attest: 20 05 ~,~ ~ ~~ ti; Presented by me to the Mayor of the City of South Bend, Indiana May 10, JOHN 2005 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me May 10 , 20 0 5 Mayor ORDINANCE NO. q 5 gg- bs AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF TAYLOR STREET FROM LASALLE AVENUE, NORTH TO THE NORTH LINE OF LOT 3. SAID IRREGULAR SHAPED ALLEY IS FURTHER DESCRIBED AS BEING 133.64 FEET LONG ON THE WEST SIDE AND 89.59 FEET AND 28.01 FEET ON THE EAST SIDE. THE WIDTH IS 14 FEET AT LASALLE AVENUE AND WIDENS TO 23 FEET AT THE NORTH END OF SAID LOT 3 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 alley to be vacated is the first North/South alley East of Taylor Street from LaSalle Avenue, North to the North line of Lot 3. Said irregular shaped alley is further described as being 133.64 feet long on the West side and 89.59 feet and 28.01 feet on the East side. The width is 14 feet at LaSalle Avenue and widens to 23 feet at the North end of said Lot 3. Being a part of Chapin Subdivision of Bank Outlot 1 and 2, City of South Bend, St. Joseph, 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: Lot #0770, Lot #0768, Lot # 0769 and Lot #0767 SECTION IV. The purpose of the vacation of the real property is to hopefully eliminate existing problems of public misuse as a "dumping ground" for trash and other unwanted materials on the alley and in the rear yards of our properties immediately adjacent to this alley, and to prevent further vagrancy and illegal behavior by eliminating public access at this location. This will allow us through fencing and landscaping to improve the appearance of our properties. SECTION V. This ordinance shall be in full and effect from and after its passage by the Common Council and approval by the Mayor. ~~ Q Member of the Common unc ~s~ Rggp~NG ~ ~~~~ PUQLIC UEARfNG S-~ _US NOT READ;NG S- ~ APPRO~Ep ~l - S~ REFERREp pASS~p S ~- ©,~ Filed In Clerk's Office "/1R 2 8 ?nnr JOHN VOOflOE CITY CLEflY., S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 22-05 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF TAYLOR STREET FROM LASALLE AVENUE, NORTH TO THE NORTH LINE OF LOT 3. SAID IRREGULAR SHAPED ALLEY IS FURTHER DESCRIBED AS BEING 133.64 FEET LONG ON THE WEST SIDE AND 89.59 FEET AND 28.01 FEET ON THE EAST SIDE. THE WIDTH IS 14 FEET AT LASALLE AVENUE AND WIDENS TO 23 FEET AT THE NORTH END OF SAID LOT 3 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 l PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE : ~ / / ~~~ I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS ~f ! ~LO'T~~,# r ' l ~' „ v„ ' i ~.~ ~ ~~ ~ ' " '~~ a~~ i '- ~ ~~ RETURN TO: OFFICE OF THE CITY CLERK John Voorde, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 CONTACT PERSON (S) ~~ NAME: ~ ADDRESS: `~~ L{/,, (~~{'--.i~ 574-235-92 ~il~ C~~Tk~S ~~. --e~ ~~1AR ? r ~nnc, JbNN VSO RGE ~A, IN. CITY CLERK, ~~ a~~-~~~~. 00 O C Q) O LEGAL DESCRIPTION: The alley to be vacated is the first North/South alley East bf Taylor Street from LaSalle Avenue, North to the North line of Lot 3. Said irregular shaped alley is further described as being 133.64 feet long on the West side and 89.59 feet and 28.01 feet on the East side. The width is 14 feet at LaSalle Avenue and widens to 23 feet at the North end of said Lot 3. Being a part of Chapin Subdivision of Bank Outlot 1 and 2, City of South Bend, St. Joseph County, Indiana. Filed In Clerk's Office l~AR 2 8 2005 JOvt'1 VOORDE CITY CLERK, S_ ~~ ~ ~N' ~/ . J ~, ! ~, ~ ~ .~ p M ~ ~ ~ I CO ~ I p I 0 I 18 1 2 18 1023 ., March 16, 2005 BRADCONN DEVELOPMENT, LLC Turning ~jouses into ~jomes... • QUALITY RENTALS •RENOVATION/RESTORATION To Whom It May Concern: BradConn Development, LLC., is petitioning the City of South Bend to vacate the first North/South alley East of Taylor Street from LaSalle Avenue North to the North Line of Lot 3. This alley currently dead-ends into a chain link fence which surrounds the parking lot of the Oriental Market at 420 Linconway West. The purpose of this petition is to hopefully eliminate existing problems of public misuse as a "dumping ground" for trash and other unwanted materials on the `alley' and in the rear yards of our properties immediately adjacent (427 and 429 W. LaSalle) to this alley, and to prevent further vagrancy and illegal behavior by eliminating public access at this location. Vacation of this alley will allow us to properly maintain and improve this area, and our properties adjacent to it, through fencing and new landscaping as well as continued improvements of the appearance of the properties as a whole, and allow us to provide better security for our tenants and our buildings. We, BradConn Development, LLC, feel that by taking responsibility for this property (alley) we will be in a position to assist the city and it's Code Enforcement and Police Departments by helping to alleviate problems currently requiring their attention, and as a result, adding attractive, safe, and well maintained properties to a previously blighted and vacant portion of LaSalle Avenue in downtown South Bend. •DEVELOPMENT •MANAGEMENT Respective SUb ed by: ~;~ ~ ~"~~~ ~~ ~~1~~ Connie Ray To ey, Manageing Member BradConn Development, LLC Connie Ratio Too~eh MANAGING MEMBER 574-210-9268 FI~~:~ ~~"i ~` ut c~~~~. MAO 2 8 ~nnF JOHN VOOf~D~ jD~ ~N Om( CLERK, 50.8_. 514 West LaSa~~e Avenue Sout~j Bend, Indiana 4GG o 1 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS February 14, 2005 Ms. Connie Ray Tooley BradConn Dev. LLC 514 West LaSalle South Bend, Indiana 46601 RE: Alley Vacation -First North/South Alley East of Taylor (Preliminary Review) Dear Ms. Tooley: PHONE 574/ 235-9251 Fax 574/235-9171 TDD 574/ 235-5567 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: If this alley is vacated, it be done so subject to any utility easements that are necessary. 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. ~incerely, '~. ~ ~(,C c~ ~~ a ~o~ ~gela K(JJacob, c: Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering 1316 COUNTY-CI7'Y BUILDING SOUTH BEND, INDIaNa 4GGO1-1830 CITY OF SOUTH BEND STEPHEN ,J. LUECKE, MAYOR BOARD OF PUBLIC WORKS April 21, 2005 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation -First North/South Alley East of Taylor (Preliminary Review) Dear Members of the Council: PHONE 574/ 235-9251 Fax 574/235-9171 TDD 574! 235-5567 In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the following property vacation: First North/South alley east of Taylor Street, from LaSalle Street north approximately 125 feet. The Board of Public Works submits to you a favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. S'r1c rely, A ela I~~~acob, Cle Board of Public Works c: Rosemary Mandrici, Assessor'Office Melinda Stopczynski, Auditor's Office 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS February 14, 2005 Ms. Connie Ray Tooley BradConn Dev. LLC 514 West LaSalle South Bend, Indiana 46601 RE: Alley Vacation -First North/South Alley East of Taylor (Preliminary Review) Dear Ms. Tooley: PHONE 574/ 235-9251 Fax 574/235-9171 TDD 574! 235-5567 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: If this alley is vacated, it be done so subject to any utility easements that are necessary. 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 pickup 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. `~incerely, _ ela Iacob 1~ ~~~ g , c: Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission ~L~ry 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 FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: January 20, 2005 I would appreciate receiving your comments and recommendation concerning this vacation no later than January 28, 2004. Thank you for your cooperation. First North/South Alley East of Taylor, West of William. COMMENTS & RECOMMENDATIONS: BY: ~/~t.~-~ ~~ ~~~ ~ DATE: ~ ~ ~ ~ ~ ~~ ~ ~ ~io 0 JuN S n 2UO5 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: marl Littrell, Engineering Department John Byorni, Area Plan Commission 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 FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: January 20, 2005 I would appreciate receiving your comments and recommendation concerning this vacation no later than January 28, 2004. Thank you for your cooperation. First North/South Alley East of Taylor, West of William. COMMENTS & RECOMMENDATIONS: BY: ~~Q ~~7.Gc~~~ DATE: ~~~~~OS~ Robert W. Sante Executive Director Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 John W. Byorni Assistant Director Phone 574 235-9571 www.areaplan.org ~C~~~'~~ January 26, 2005 The Board of Public Works 13~' Floor, County-City Building South Bend, Indiana 46601 IA Ai ~ ~ 2005 _ :,. {'w Q ~~ /n ~ L s4 ~ a Fax 574 235-9813 RE: Right-of--way Vacation -Generally described as the first North/South alley east of Taylor Street, from LaSalle Street north approximately 125' 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 that this right-of--way be vacated subject to any required access or utility easements. Sincerely, Cn~~k~' ~ Y,eyrG~sea~^ Andrew Videkovich Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department Eck Dillon, Solid Waste William Kraus, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: January 20, 2005 I would appreciate receiving your comments and recommendation concerning this vacation no later than January 28, 2004. Thank you for your cooperation. First North/South Alley East of Taylor, West of William. COMMENTS 8~ RECOMMENDATIONS: ~o ~-~~.~~ s~,,~,~. ~w ~-~/may BY: ~~a~-~.~ DATE: ~ ~~ ~- ° S 01/26/2005 15:43 5742359305 SOUTHBEND FIRE DEPT PAGE 02 INTER-OFFICE MEMORANDUM BOARp OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development Bob Mathia, Community & Economic Development ,,14oward Buchanon, Fire Department JacK Dillon, Solid Waste William Kraus, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation PATE: January 20, 2005 1 would appreciate receiving your comments and recommendation concerning this vacation no later than January 28, 200x. Thank you for your cooperation. First North/South Alley East of Taylor, West of William. COMMENTS 8~. RECOMMENDATIONS: O BY: ~ DATE:_ 1 _~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission 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 FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: January 20, 2005 I would appreciate receiving your comments and recommendation concerning this vacation no later than January 28, 2004. Thank you for your cooperation. First North/South Alley East of Taylor, West of William. COMMENTS & RECOMMENDATIONS: ,~ ._~r"b~„ fie, fist h ~~ L. ~G9• z rfY~f•oe. -~ gy. ,~~,~ DATE: