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HomeMy WebLinkAbout10182-12 Vacate - First North South Alley west of Notre Dame From Howard St A ORDINANCE No . 10182-12 Passed by the Common Council of the City of South Bend,Indiana September 10, 20 12 Attest: City Clerk JOHN 00 E ■ Attest: - - \ ra President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 11, 20 12 City Clerk JOH VO RDE Approved and signed by me 5 T K£'�' r�- 20 !Z` Mayor ORDINANCE NO. L© -T2 --t AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first North/South alley West of Notre Dame Avenue from Howard Street South to the first East/West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Sorin's 2'd 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 North/South alley West of Notre Dame Avenue from Howard Street South to the first East/West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Sorin's 2'd 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: -3768 & 3771 (Worthy Causes Foundation) -3772 (University of Notre Dame) -3773 & 3774 (Krusche) -3775 & 3776 (Haigh) -3777 & 3778 (Bodensteiner) -3779 & 3780 (Kidder) Section IV. The purpose of the vacation of the real property is improve safety and security for the residents who abut the alley. 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 At -st: `► �� _-__SI410 it •lerk Presented by me to the Mayor of the City of South Bend, Indiana on the ( day of ,Cel �v- , 2012, at (-3;3- o'clock q . m. C � City Jerk 01 Approved and signed by me on the la. day of 5i PT"18f4 2012, at < ( o'clock a . m. - e/31 %* Mayor, City • So /Bend, Indiana Filed in 4'77 ffi ce 1st READING , - l L LO 2 2 I 1 PUBLIC HEARING 9_,L,0_,lL 3 rd READING L CITY CLERIC,,$CgITH SEND,IN NOT APPROVED REFERRED PASSED CV—�D-1Z TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 40-12 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVENUE FROM HOWARD STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. SAID ALLEY IS PART OF SORIN'S 2ND ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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 substituted by a new title and legal description. This bill was heard by the Public Works & Property Vacation Committee. Karen L. White Chairperson, Committee of the Whole PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE:_8/21/2012 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first North/South alley West of Notre Dame Avenue from Howard Street South to the first East/West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Sorin's 2nd addition to the city of South Bend, Portage Township, St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS LOT #-444 Scott Kidder _919 N. Notre Dame Ave 3779/3780 James Hai h _925 N. Notre Dame Ave 3775/3776 CONTACT PERSON (S) NAME: Scott Kidder RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: _919 N. Notre Dame Ave._ JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING _South Bend, IN 46617 SOUTH BEND, IN 46601 574-235-9221 PHONE: 574-261-0703 Filed ire ffice ;2-2:61-1Z 1 CITY CLERIC,SOU 1 ry SEND,IN -3658 —3660 —3661 /7---ew----"-"I 61.01 ;1 8-5104 -3662 I .0‘ksl.i�il t \LI.. I 1 4, 7 i 8-5107 —3771 I i —3768 • —3772 —3773 0 —3775 00 H —3774 --- —3776 I —3779 I _� —3777 ( _! ' CV V 1 —3778 —3780 _ _—_-- r _ . (.1) c 18-5107 781 —3782 rt' 83 —3784 J 1 ' -3788_ Filed in C,'-t\.4 } Office 00 CO r —3788 I I 7 A.V3 2 2 2012 —3788.01 CITY CLjE° ,S ofa T EE-N�,IN \•l,lt l 7 VI 150' RADIUS LEGAL DESCRIPTION: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVENUE FROM HOWARD STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. SAID ALLEY IS PART OF SORIN'S 2ND ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. South Bend Common Council 1200 County-City Building 227 W. Jeffereson Blvd South Bend, IN 46601 Dear South Bend Common Council Members: As residents of city of South Bend, we are writing to request the vacation of the first North/South alley West of Notre Dame Avenue from Howard Street South to the first East/West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Sorin's 2nd addition to the city of South Bend, Portage Township, St. Joseph County, Indiana. The vacation of this alley would greatly assist in improving the safety of our neighborhood, our homes and most importantly our families by reducing the unnecessary and undesirable foot and car traffic between the existing properties therefore reducing the opportunities for crime along this alley. While the alley is rarely used,the utilization that does occur is generally undesirable to the neighbors abutting the alley. This undesirable traffic has recently included an escaping burglar, a group of brick throwing vandals and speeding cars among others. Additionally, due to the rare use of the alley,the ten children who live in homes abutting the alley and their neighborhood friends who often play in these abutting back yards often become comfortable playing near or even crossing the alley creating an extremely dangerous situation when speeding cars attempt to use the alley as a shortcut. In conclusion, we hope that you will help us improve the safety and security of our homes and families by approving the vacation of this alley. Sincerely, . 'tr IQ)* de l' .1_,y _ 1 Scott Kidder ames Haigh 919 N.Notre Dame Ave. 925 N.Notre Dame Ave. South Bend, IN 46617 South Bend, IN 46617 Filed in C14''' , office J®�tri 'm 1 CITY CLERK,SOUTH SEND,IN 1316 COUNTY-CITY BUILDING \�r� ��� `�.�� PHONE 574 2359251 22.7 W JEFFERSON BOULEVARD \� �\ i ij FAx 574/235-9171 �� rAace SOUTH BEND, INDIANA 46601-1$30 .y�� � X865 CITY OF SOUTH BEND PETE BUTTIGIEG, .MAYOR BOARD OF PUBLIC WORKS July 24,2012 Mr. Scott Kidder 919 Notre Dame Avenue South Bend, Indiana 46617 RE: Alley Vacation — North Half of the North/South Alley between St. Peter Street and Notre Dame Avenue, South of Howard Street (Preliminary Review) Dear Mr. Kidder: The Board of Public Works, at its July 24, 2012 meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, and the Police Department. 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 make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would block access to a fire hydrant located behind the commercial building at the south east corner of St. Peter and Howard Streets. 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. Engineering stated there may be an objection from the business owners on the northeast side of St. Peter St. due to access to a parking lot and their delivery dock. Two of the surrounding neighbors can only access their garage through the alley. The Fire Department stated the vacation would hinder protection to the rear of the structures between the streets. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley, subject to an access easement agreement between all affected parties. Page 2 of 2 July 24, 2012 Kidder, Scott Please contact Tony Molnar at (574) 235-9254 prior to pickinE up your radius map. 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, / �. Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering Jamey High