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Home My WebLink About9584-05 Vacation Alley - Kaley Street, Western Avenue, Being a part of Summit PlaceORDINANCE No. 9584-05 Passed by the Common Council of the City of Soutlt Bend, Indiana April 11, 20 05 Attest: JOHN City Cterk Attest: ~~~'~~ ~. U- d'~`~-e~/ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 12, 20 05 City Clerk Approved and signed by me A p r i ~ 13 , Z~ 0 5 Mayer ORDINANCE NO. ~ S ~ ~f ~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF KALEY STREET FROM WESTERN AVENUE SOUTH TO THE FIRST EASTNVEST ALLEY FOR A DISTANCE OF 132 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SUMMIT PLACE 3RD ADDITION TO THE CITY OF SOUTH BEND, 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 alley to be vacated is the first North/South alley East of Kaley Street from Western Avenue South to the first EastNVest alley for a distance of 132 feet and a width of 14 feet. Being a part of Summit Place 3~d Addition to the City of South Bend, 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: Lot #826 Lot #830 Lot #843 Lot #844 SECTION IV. The purpose of the vacation of the real property is that the Petitioner has an ongoing business on site and desires to fence the property to stop traffic from using the alley. There is a door that leads to the upstairs apartment by the alley. Possible danger. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, and shall be subject to a utility orturn-around easement acceptable in form to the Department of Public Works and approval by the Mayor. Member of the Common Council Attest: ' CI k Presented by me to the Mayor of the City of South Bend, Indiana on the ~ 2.-a~ day of ;, , 2 00 , at I ~.`~ S o'clock ~. m. a~~~ ~~~(~~ City Cler Approved and signed at ,~~~~ o'clock m. by me on the ~ day of ~ 2~.f", Mayor, Cit outh Bend, Indiana 1 st READING 3 -Z~ O$~ PUBLIC HEARING ~{`LI-dS ~S ~-~ 3 rd READING `{ ~~~~ Q~ 4Lc,.~~p~ NOT APPROVED REFERRED PASSED ~-(~-t7S GS ~?\ Filed In C1erk's Office ~c1"tl t ~ Z~d~ JOHN VOORDE GlTY CLi:RK, PO.6c~lD, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 20-05 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF KALEY STREET FROM WESTERN AVENUE SOUTH TO THE FIRST EASTNVEST ALLEY FOR A DISTANCE OF 132 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SUMMIT PLACE 3RD 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 as amended by the following: Section V should read: This ordinance shall be in full force and effect from and after its passage by the Common Council, and shall be subject to a utility or turn- around easement acceptable in form to the Department of Public Works and approval by the Mayor. Roland Kelly 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: ~ 3 ' 18 ~~ I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: Zhe alley to be vacated is the first North/South alley East of Kaley Street from '~Jestern Avenue South to the first East/~^Jest alley fora distance of 132 feet and a width of 14 feet. Beim a. part of Summit Place 3rd Addition to the City of South Bend, St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: N (signed & nted) ADDRESS LOT # 524 S. fia.rris, South Bend, IN I~lanuel Herbert CONTACT PERSON (S) NAME: iico Tanguma RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 ADDRESS: 438 Liberty South Bend, IN 46619 PHONE: (574) 532-0490 18-} 4034 824 1823 I 822 I 821 1820 I 819 `~ 818 R 150' WESTERN AVE ~_ 14' 825 826 827 828 829 830 831 ~ 00 ~ w r ~ ~ N W `- J I I Q 18- 4035 v 844 843 842 841 845 840 846 ~ M ON R OE ST. F~1e~ ~~ Ci~~ k's Office t!AR 1 3 2005 JOHiJ VOORDE ALLEY VACATION cinc<<~, so. s~~~~, iN. The alley to be vacated is the first North/South alley East of Kaley Street from Western Avenue South to the first East/West alley for a distance of 132 feet and a width of 14 feet. Being apart of Summit Place 3rd Addition to the City of South Bend, St. Joseph County, Indiana. 1316 WUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS March 23, 2005 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Property Vacation 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: Kaley Street from Western Avenue South to the first East/West alley for a distance of 132 feet and a width of 14 feet. Being a part of Summit Place 3`d Addition to the City of South Bend, St. Joseph County, Indiana. Engineering stated that even though the petitioner currently owns the property on both sides ofthe alley, if he sells one and not the other. parcel, the alley will be split to go with the property on each side. Also, the fence he wishes to erect must receive a permit from the Building Department and conform to zoning requirements. The alley vacation is subject to any utility orturn-around easements required. The Board of Public Works submits to you a favorable recommendation concerning this property vacation, subject to any utility easements that may be necessary. Sincerely, /~ ~~..,,~~'' ngela' . 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Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: BY: .~. ~f~ %~~l%~L v DATE: !f/ ~% ~ -~, ,~,~'.~ .~~` ~ .u~~--mod~~~'~/ ~E ,14' i..(JiL ~ L L2.G~ /1~121Lf~ ~~ r~o~~ - g 2~o~r INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development Bob Mathis, Community & Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: November 8, 2004 I would appreciate receiving your comments and recommendation concerning this vacation no later than November 16, 2004. Thank you for your cooperation. c~~- C/,c~ ~'- BY: ~,~.~C~~~~~/~I ~ DATE: ,~/ p..~ , ~,~ .~ ~ U ,. Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 574 235-9571 Fax 574 235-9813 November 15, 2004 The Board of Public Works 13u' Floor, County-City Building South Bend, Indiana 46601 RE: Right-of--way Vacation -Generally described as the first North/South alley east of Kaley Street from Western Avenue south 132' 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. Sincerely, 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 Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: November 8, 2004 I would appreciate receiving your comments and recommendation concerning this vacation no later than November 16, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: 7~ ~ i'~;i r,s,~%~'Y7 ~ ~r~/~ ~G ~J` BY: ~~~ %~ DATE: SOUTH BEND FIRE DEPT INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department , John Byarni, Area Plan Commission Lany Maglioz7i, Community & Economic Development Bob Mathia, Community 8~ Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: Nov®mber 8.2004 I would appreciate receiving your comments and recommendation ~;onceming this no later than ~lovember 16, 2004. Thank you for your cooperation. COMMENTS 1k RECOMMENDATIONS: 11/16/2004 07:28 5742359305 J w.~ BY: TE: PAGE 01 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 Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: November 8, 2004 I would appreciate receiving your comments and recommendation concerning this vacation no later than November 16, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: ~~c6;,u~e~,~ ,~-PPda.~-c.. L ~r~w ~,~,z ~~~'/b ~~ ~',~ $.(z8G- ,~~8~ ~ w,v~ &oP ~ ~~~ ~oTs ~ ~.p "~ ~~ 1"t~ I`r-~ (S ~tc41t ti l~'ywN r ~t Gt ~t GCSED • ~;~- u/ c~t:y~cJ~~- r~~~ ~ GtS.C, r~'Z /3Kli ~~ r I I I ~~~~ BY: 1Ml~fLCC3 ~11~f2(~~4-NI DATE: ~l-l~ ~O~f