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HomeMy WebLinkAbout9530-04 Vacation - Alley - Jefferson between 36th St and Marshall ORDINANCE No. 9530-04 Passed by the Common Council of the City of Soutlt Bend, Indiana September 27, 20 04 Attest: Attest: JOHN Ciry Clerk President of Common Council Presented by me to the Mayor of the Ciry of Soutlt Bend, Indiana September 28, JOHN 04 20 September 30, Approved and signed by me 20 04 City Clerk Mayer ORDINANCE NO. 1 ~ 3 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY NORTH OF JEFFERSON BLVD, BETWEEN 36T" ST. TO THE WEST AND THE NORTH/SOUTH ALLEY BETWEEN JEFFERSON BLVD AND MARSHALL AVE. TO THE EAST 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 Gity. 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/VUest alley North of Jefferson Blvd from the East right of way line of 36th Street to the first North/South alley for a distance of 144 feet, more or less, and a width of 14 feet. Said vacation to include the two angles that were dedicated for turns at the North/South alley. Being a part of Belmont 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: Lots 24, 25, 26 and 27 SECTION IV. The purpose of the vacation of the real property is to prevent the constant traffic through the alley by-passing the light on Logan and Jefferson. The public uses this section of alley as a thoroughfare to go between Logan and 36th St. The cars speed through the alley, deposit their trash in the parking lot, use the parking lot to dry their cars from the adjacent car wash. Since the alley is in such disrepair, the cars veer off the alley and drive through the parking lot~instead of ruining their cars and instead, ruin the parking lot. The elderly couple who abut the alley use this right of way to cut their hedges and are in great danger from the speeding cars. SECTION V. This ordinance shall be passed by the Common Council and be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Cf /~i~--~~<// ember of the Comm n Council Attest: Cit Cler Presented by me to the Mayor of the City of South Bend, Indiana on the •Z~ day of ~, ~r , 2 00 , at (Z'• ~ S o'clock ~. m. ' ~ c~~ ~~~g-~~City Clerk AQproved and signed by me on the 3°~ day of ,top , at l o'clock Q.. m. ~~ Mayor, City of uth Bend, Indiana 1st R~D~TG g-Z3 -c`~ PUBLIC HEARING ~,-2-~- U`r ~3 rd READING Q _Z1_Uy NOT APPROVED 1 REFERRED PASSED ~,-2Z ~ ~~ Filed In Clerk's Office AUG 1 G ~~ JOHN YOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE C{TY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 50-04 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY NORTH OF JEFFERSON BLVD, BETWEEN 36T" ST TO THE WEST AND THE NORTH/SOUTH ALLEY BETWEEN JEFFERSON BLVD AND MARSHALL AVE TO THE EAST 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. Sean Coleman Chairman City of South Bend Office of the City Clerk August 13, 2004 I am petitioning the City of South Bend to vacate the alley just North of Jefferson Blvd between 36th St. to the West and the North/West alley between Jefferson Blvd and Marshall Ave. to the East due to the danger involved in keeping it open. We have cars using this alley to bypass the stop light at Logan and Jefferson. Also, cars use this alley as a thoroughfare between 36th St and Logan at very high speeds almost injuring the elderly couple who owns the abutting property as they are walking or taking care of their property. Due to the disrepair of the alley, cars drive through the private parking lot adjacent to it to avoid the potholes and gravel on the alley. This is ruining the private parking lot as well as a danger to the cars using the private parking lot for the business's it is for. These cars deposit their trash, including bottles, as they are traveling through. Also, the cars from the car wash nearby use this private parking lot to dry their vehicles. Once this alley is vacated, I plan to put a berm, which will include dirt, grass and bushes at the end by the North/West alley and have the alley repaved. . ~---~ 9~ ohn J Stackowicz Petitioner Filed to Clerk's Office AU G 1 6 2004 JOHN VOORaE CITY CLERY., S0. DEND, IN. t PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: ~ ~G ~ ~OC~ y OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: 7/f~ All E y Td ,BE Vi~~/~T.~/> /s THE !sT Er3j'T~~.r~.s~' l3LlF_y NQ,erH of T~F~~/~spv ,BLvo F,ed~ T//E r~sT ~/GJfTdF G~rty Li.~ ~~ X36 T H S T,e~~T To Tlti~ ~/~si No,~T/i/co uT.v /~LL,~'v F~~e i3 D~sT~~~ % y~/F,~,~'T j11o,2E p~ LF_-S.S . ~}Nl~ /~ Gc111~T/j G.= /~ /c.~,ET. ~i3~I/~ il/}C/)-T1 cey %o /~ycL<jnF T-H-E TGc)d ~itlGL,~S % flf~T WE.C'F D~/~tc.,~~'~ Fo,e TyentS i4T TAE V® H V tL F E O a.~/' O tic! ~ Or ~c9 yT~ ~F ~ ~T .TaS~~iy ~; AUNTY. ~/V~//~N/9~ NAME (signed & printed) ADDRESS LOT # ~'.~.~~ ~~.~ ,~ AEI=~E.Cs~cn~ ~1 vd , a~ /a 7 ~zl~ Sc~ c,~7'y /.~ EN D , /:•1 566 /S~ ff nl ~ ~STi'fG~c~~.l~cZ ~d~1s" ,~,~rfilD i /.~NaI~ZES~w~k j . RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 Filed In Clerk's Office .r JORAY66RDE CITY CLERK, S0. BEND, IN. CONTACT PERSON (S) / NAME: ~G H/~ ~ ~T~G~c tJ ~ C Z. ADDRESS: 3~3 ~ TF~FG~'.~'SG~ ,GL'vQ s~url~ ~~~; /~ y6~/,~ PHONE: ~~ D~~pZ - ~d~e~ 2132 75 ~ ~~ ~k 30 _ 2122 23 1 - 061 - 33 76 ~~ 29 -212 6 --------------- - - - 2134 77 ~ 28 ~ 0 - 135 ~ °~ ~ 1 5 4 2 78 ~ 2 2 w 80 79 ~ 26 25 24 3 ~ ~ - 213 ~ oo N ~° N N 00 N CV N ~ ~ ~ ~ ~ CV 18 5061 ~ R 150.0000 B Fc JEFFERSON BLVD LEGAL DESCRIPTION: O'~ ?117 R 150.0000 o_ '~ -2118.03 2 ~~ w Q 1 ~ O J The alley to be vacated is the first East/West alley North of Jefferson Blvd from the East right of way line of 36th Street to the first North/South alley fora distance of 144 feet, more or less, and a width of 14 feet. Said vacation to include the two angles that were dedicated for turns at the North/South alley. Being a part of Belmont Addition to the City of South Bend, St. Joseph County, Indiana. Filed In Clerk's ©ffice P,llG '~ 6 ~ ~`"'' JOHN ~ p RBEKD, IN. CRy CLERK, 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 40001-1830 CITY OF SOUTH BEND STEPHEN ]. LuECKE, MAYOR BOARD OF PUBLIC WORKS September 8, 2004 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation Dear Members of the Council: PHONE 574/235-9251 Fnx 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 alley vacation: Alley Between 36`'' and Logan The Division of Engineering, Area Plan Commission, Community & Economic Development, Fire Department, Solid Waste, Police Department and the City Attorney's office submitted favorable recommendations. The Fire Department stated that the neighbor at 326 36`'' Street would not be able to access their garage if this alley was vacated. However, if the resident at that address has no objections, then it could be vacated. Engineering stated that a cross access easement will remain and the vacation would be agreeable with the resident at 326 36~' Street. The Board of Public Works submits to you a favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. Sincerely, ~L~C C/"!1^ .~ Angela K~a~b, CI' rk Board of Public Works c: Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor' Office 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECI~, MAYOR BOARD OF PUBLIC WORKS July 26, 2004 Mr. John Stackowicz 3601 Jefferson Boulevard South Bend, Indiana 46615 RE: Alley Vacation -Alley Between 36`~ Street and Logan (Preliminary Review) Dear Mr. Stackowicz: 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: The Fire Department stated that your neighbor at 326 36`'' Street would not be able to access their garage if this alley was vacated. However, if the resident at that address has no objections, then it should be okay. Engineering stated that a cross access easement will remain and the vacation should be agreeable with your neighbor. In addition, if these alleys are vacated, they are 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 their 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 ofPublic Works will forward their recommendations to them. Si rely, ~~ Angela .Jacob, Jerk ~~ c: Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering S; /~' 0 ~ 50.54!4 i> ?,3-5387 ~ X00 22A-5386 "B' ,,. ~ -2194 y ~ $ A -54/3 24-5388.. ^ ~ ~ "5385 ____ _?1950/ - ie-gas "A' ----- e -54/2 25-5389 = . Lti -5384 - 2p /~/ -~195:03- 47-54// ~~0-5390 = ~ 19-5383 -2/95 4(0-54/0 27-539/ ~ /8-5382 -2195.02 - 4 28-5392 5409 ' 44-5408 ?`15393 43-5407 30.5394 ` 42-54oG 3/-5395 4/-5405 32-5396 = 40-5404 ~ 33 5397 r „ / ~ MARSH ALL ~ /35 1 .I3 /33 %35 ~ 39-5403 34 ~ -5398 ~ :38-s4o2 35_ Ltl 5399 LL 18- 145 ~ 37 5401 3~D-54 ~ 0 /3 V ~ ~ ~ ~ h ~ ~ H ~l ~ n m ~ cza cz~ ~ 17-5381/ 9~I 214 ' /~o-S3Bo N-2a/7 --- ,G-ss~o = /5-5379 F_2a23 /Y.~-- = /4-5378 E -2299 = /3-5377 0__ _ -587G C-?231 - /2_537G.o 8-2235 h -5875.01-h $~ ~~ -5375 I 3 ---- ~l-Z2¢D .O //V f> t w //0 -2/9G 1 ~ 53 a G~ ' 52-2/56 / :r~l a /p9 I 54 Z 1~I, ` ~ 5/-:1/58 2'2/$7 ai, = 108 , 55 `{? ~ ~ 50 3 = /07 i 5S j ~ 49 4-2/G3 = /OG j 57 • ~ = 48 5-2/!05 = 1 /05_ X2/5 58 2/97 ~ : 47 G-2/G7 = = /04 I 59 = i~ = 4~ 7-2/G9 - //~ 3 - ~ ' Gp ~/Bo 45' 8-2/7/ ( /~s ~ / ~ 2 I ~O/ a 7~ 0 44 ~ 9- j/73 3 3 ( j n9 /dp I ' /DD 2a/e G3/~3 1 I 99-222/ G4 -22/9 = "1 98-2224 G5 /„ I I, , . 97 ~aG-2228 , • 9G-2230 (07-223/ = 95-aa33 GB-aa3¢ = ' 94-2236 (09-2237 r 93-2?3B 70-2239 ~ i~„ > ~ 92-224/ 7/-2542 s - ~ /j4 Q 43 ~ ~ /O i3~ 175 42 -a/77 ~/---- 4/ /2 -2/79 o _ 4 ~~ %3 = 39-2/82 /t/. "a/83 ' 38-2/84 /5-2/85 = = 37-2/BG /G-a/B7 • = 3G-aIBB /7-x/89 35-2/90 /8-x19/ w .34-2192 14 /`/-2193 /31 :, J 0 E-2/49 ~ ~ 7?-2/29 3 $ 33 -2/19 / -5374 ----- -90---- 73-2/30 . ' 3~-z/2o 9-5373 D • 2/50 _ : ~ ° 89 -a/4/ 74-2/3/ ~ ` '-31-- 372 ~-2/51 //3 ~ ` :088-a/4a 75-a/32 = '; ~~ ° 3o.an2 8-5145 . ~ - 61 7~ ` , ~ = 6 5061 87/43 18 a/33 ;1',d! M ` ?9-2/29 ~~ X052 8~O-~?144 77.2/34 = ~~ , 4 hfie~ 7-537/ ~ •- --ro r \~ 8 B.$Y2/45 ~ Y ~ 78 .,_ $ v ' ?G -2/a5. 4 '-/7... Q~ ~ 1 'Iti ~ I 7 M ~ ~ ~ ~ ~ d'H ~ ~V~ GO ~ ~g r ~ n Go Il. 5 1. TYS n O j ~ '~ ^ +~. h ~'t ho ~ "~c' N`~ lY h o~~ Qo a°o ^ M iv ~ ~- /17 G~ ~JaR-TI-~ 9-8H PORTAGE TWP. E. ~/2 N.E. ~ /a S EC. 8 T.37N. R.3E. sr. 20 ~~/l4 2/-21/5 /23-2//7 /31 _ 6 5 `~ ~~ Z W ''1 m ~.~T~-~o ~ ~~o %: . ~~,~'~~. ~ ~ ~~ ~ ~~ - -- l ~ ~P ~ s `1' 2gZ-~~~~ `~~ C. 1N ~3 ~ S~l~ ~~; ~:~ :F;. ,~ ~ ;,i a; j ~. t j ,~ ~. ~r~•; S';~ l;, ' ~'1. . _.,F+, i'...'~~ ` VY ~( \ ~ H.vl..d Cop Yrl9h1 fOOf ,;. ~" ;I'.# C OpyrlOhl 1988 ,. j~t `/D . THE SIDWEII CDMPANY ~ ~r7 if .; , ' ,F ~ SCALE : 1" ~ 100 ~ ~.w INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development iBob 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, Cler~~~ RE: Alley Vacation -Alley Between 36`h Street and Logan Preliminary Review DATE: July 1, 2004 Attached for your review and recommendation is a page from the Plat Book for an alley vacation. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than July 7, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: BY: ~ Lrs~ DATE: ~ ` G~~~ ® 1 06 04 10:38a ~~ o 0 SBPD TRRFFIC (219)235-9308' p.l INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Cari 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, Cle~ RE: Alley Vacation -Alley Between 36"' Street and Logan Preliminary Review DATE: July 1, 2004 Attached for your review and recommendation is a page from the Plat Book for an alley vacation. would appreciate receiving your comments and recommendation concerning this vacation no later than July 7, 2004. Thank you for your cooperation. VIENTS ~ REC~OMMENDATIONS• r---- BY: ~o;T-~/ ~/ ~~ DATE: v ~ -' ~ 6 '- a 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, Cle~ RE: Alley Vacation -Alley Between 36th Street and Logan Preliminary Review DATE: July 1, 2004 ~~i~ C~ r ~i ~ ~-- J ' ' ,JUL ~~ ~% 'luoa ~. Attached for your review and recommendation is a page from the Plat Book for an alley vacation. would appreciate receiving your comments and recommendation concerning this vacation no later than July 7, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: cC o~•~t~.~~/.rrJ ~I~~ ~'~ BY: ~/~-t ~~ Il ~`"~- DATE: ~' G ' y y 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, Cler~=' l) RE: Alley Vacation -Alley Between 36`h Street and Logan Preliminary Review DATE: July 1, 2004 Attached for your review and recommendation is a page from the Plat Book for an alley vacation. I would appreciate receiving your comments and recommendation concerning this vacation no later than July 7, 2004. Thank you for your cooperation. COMMENTS/ & RECO~ MMENDATIONS: 7'- -~/-y/ ~©l,~ W,gS~~ fides /Vc/ (,~-2 /L?CS ~~/y. BY: ~ ~~7-e~._% DATE: 7- ~ G y ~ 07!0612004 m 16:35 5742359305 SOUTH BEND FIRE DEPT INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: earl Littrell, Engineering Department ,John Byorni, Area Plan Commission • Larry Magliozzi, Community 8~ Economic Development 13ob Mathia, Community ~ Economic Development /I~foward Buchanon, Fire Department ,Jack Dillon, Solid Waste .toe Markovich, Police Department •fom Bodnar, City Attorney's Office FROM: ~gngie Jacob, Cle~ RE: ,Alley Vacation -Alley Between 36th Street and Logan Preliminary Review DATE: ,July 1, 2004 PAGE 01 Attached for your review and recommendation is a page from tf a Plat Book for an alley vacation. I would ;appreciate receiving your comments and recommendation :oncerning this vacation no later than July 7, 2004, Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: ~,~,J~ -~ -~~~ gY: ~ DATE: . ~. ~ t INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: ~arl 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, Clem RE: Alley Vacation -Alley Between 36`h Street and Logan Preliminary Review DATE: July 1, 2004 Attached for your review and recommendation is a page from the Plat Book for an alley vacation. I would appreciate receiving your comments and recommendation concerning this vacation no later than July 7, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: /~ a-Prro~..~ - ~.~ <. w BY: DATE: ~/~~G~