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Home My WebLink About9435-03 Vacation - Alley - Kessler , Kinyon St.ORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana July 14, 20 03 Attest: Attest: Presented by me to the Mayor of the City of Soutlr Bend, Indiana July 15, 03 20 Ciry Clerk President of Common Council Ciry, Clerk Approved and signed by me Julq~;15 20 03 Mayor ORDINANCE NO. ~~ 35-3 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first North/South alley East of Kessler Blvd. from Kinyon Street North to the first East/West alley for a distance of 126.6 feet, more or less, and a width of 14 feet. Said alley being part of the Northwest Addition, 3`d Plat in the City of South Bend, St Joseph County, T.ndiana. 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 Kessler Blvd. from Kinyon Street North to the first East/West alley for a distance of 126.6 feet, more or less, and a width of 14 feet. Said alley being part of the Northwest Addition, 3`d Plat in 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 Number 201 & Lot Number 202 Section IV. The purpose of the vacation of the real property is the lack of use as a public alley and addressing issues of crime, littering, and general safety.. 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. a~ Member of the Common Council 1st READING 6`Z3Jti3 PUBLIC HEARING 7-'{`{'~3 3 rd READING ~ _ I `l~3 NOT APPROYB) DEFERRED 'ASSED ~ - { `' -O3 ~l~ed in Clerk's Office J U i~ 1 ~ 2003 (,gpgTTAJ. WD~+ CnY CL~Rl4 EO. Ems. ~~. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 49-03 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF KESSLER BLVD. FROM KINYON STREET NORTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 126.6 FEET, MORE OR LESS, AND A WIDTH OF 14 FEET. SAID ALLEY BEING PART OF THE NORTHWEST ADDITION, 3RD PLAT IN 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. Karl King Chairman COMMUNITY DEVELOP 12192359469 06/02 '03 14:26 N0.471 02/02 PETTTJON TO VACATE ~UR1 Yr RrGHTS~r_ ~ W~,y (STREETS/ALLEYS) TO THE.COMMON COUNCII, OF THE CITY OF SOUTIJ I3rND, IPIDIANA DATE: I (Wl~), THE UNDTRSI.GNED PROPERTY OWNER(S), PETITION YOU TO YACATI;: A. TSE ALLEY DESCRIBED AS: F~.~-. _..~. f .ti~1~ .~~. ; ~ or ~r y~t~~ ~?M'c:C (~ R re~Q~rL~~ rJ~r2F (~R 1 l~S ,r c A .sr~1 Q~ ~I~-) Cr Y3. TiiE STREET DESCRIBED AS: S/~ZD A-L1.~Y ~~~ ~~~' ~~ ~j~F.Sz A~pDrTTOrA ,3cta~, LM ~ ~ C.z~~ O+ ~vTN ~D, SY. So~PN ~ouuS`f, ~t~eY?z~~ ~ NAME (signed & printed) X ~.~' . ~~r~a~~s x ~ ~apea.A . Rirf~~ AnDRESS LOT # I ~ e ~ Y.sc~~Q~ s; ~H ~zu ~~~ ~~ RETURN TO: OP'PTCE OE T13.F CITY CLERK LORETTA J. DUDA, CITX CLERK 800141455-COUNTX-CITY BUILDING SOUTH BEND, IN 46G01 ' 574-235-9221 CONTACT PJ;RSON (S) NAME: r ~ , [..F~1- I~t-N1 AnDRESS: 1'7-00 u,.rc"!-C~;~ ~ Sc3urt~1 EKE ~N y66v I'I-IONE: C~~7'~l a.3 ~ -5`~5~6 5 ca ~ ~s. ~ ~~ ~ -~ ~ ~ ~' ~, e~+ ~ o (!~ T' o w ~ .e. P ------?9----- 28 k\S~ R 83 182 181 180 •179 178 177 178 175 174 173 172 171 ~ W J N N W 132 133 Y 22 123 124 125 126 127 129 129 130 131 134 Q 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 U H A 1 2 3 4 5 6 7 8 9 10 17 t2 13 14 15 16 17 18 ROSE ST. 4 ~ PAR OT ,S U . Cif li ~T 5 7 8 9 10 11 12 13 14 15 R 50' J 0] KINYON 146 147 148 149 151 150 152 135 136 137 138 139 140 141 142 143 144 145 w N S~ 0 ADD• DED) (UNRE QUEEN ~ ST. w Q Z Q W r~ 1os 104 13 712 111 110 109 108 107 106 103 102 101 100 99 98 97 96 95 94 93 92 91 W J Q LEGAL DESCRIPTION: The alley to be vacated is the first North/South alley East of Kessler Blvd. from Kinyon Street North to the first East/West alley for a distance of 126.6 feet, more or less, and a width of 14 feet. Said alley being a part of Northwest Addition, 3rd Plat in the City of South Bend, St. Joseph County, Indiana. Filed in ~ el rk's CJffic~ ~ U `~~ ~ ~ 2003 ta^.~rr~~. :~ cmrc,sa.~,~~ Kurt & Judith Kaufman 1130 Rose Street South Bend,1N 46616 Mark Hanback 1116 Rose Street South Bend, IN 46616 Ronny G. Bradburn 1102 Rose Street South Bend, IN 46616 Debora A. Riggs 1119 Kinyon Street South Bend, IN 46616 William & Leona Burkus 1130 Kinyon Street South Bend, IN 46616 Julie L. Payne . 1110 Kinyon Street South Bend, IN 46616 -. Craig Craft 1111 Kinyon Street South Bend, IN 46616 Otho & Phyllis Wordinger Kevin & Rebecca 1124 Rose Street 1120 Rose Street South Bend, IN 46616 South Bend, IN 46616 Faith Ann Carter Leona & Dan Spencer 1110 Rose Street 57284 Peggy Drive South Bend, IN 46616 South Bend, IN 46619 Rosemary T. Fall Theresa Tyler 1135 Kinyon Street 1127 Kinyon Street South Bend, 1N 46616 South Bend, 1N 46616 Craig Norborg Ronald & Marilyn Deferbranche 1107 Kinyon Street 1103 Kinyon Street South Bend, IN 46616 South Bend, IN 46616 Albert & Betty Joachim William Burkus & 1122 Kinyon Street Nancy Anderson South Bend, IN 46616 1114 Kinyon Street South Bend, IN 46616 Edward Becker & Gary Jtfros Marcia Burgess 1106 Kinyon: Street ~ 1102 Kinyon Street South Berid, IN 46616 i South Bend, IN 46616 _. __ , ,.t_._, f ~, ,. • `:, _' . S ,_- i 1~~ kited In Ct2r~:'s f~f~i~~ ,~~~~ ~ ~ ?_OQ3 ta~:~rrA~. tw~t~ ~,r c~c.€~ ~~~t~, -~. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN ,J. LuECKE, MAYOR BOARD OF PUBLIC WORKS November 12, 2002 Mr. Craig Craft 1111 Kinyon Street South Bend, Indiana 46616 RE: Alley Vacation Dear Mr. Craft: 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: Cross access easements will be necessary to retain existing driveway in the area where it has recently been constructed. Utility easements may also be necessary. All adjacent property owners should be notified of this proposed vacation, also. 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 myself 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. Sincerely, I~ ~~ Carl P. Littrell, P.E. City Engineer c: ice Talboom, City Clerk's Office 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECxE, MAYOR BOARD OF PUBLIC WORKS June 26, 2003 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 Fax 574/235-9171 TDD 574/ 235-5567 In accordance with Municipal Code Section 18-53.8, a favorable recommendation, subject to the following conditions, is being submitted to the Common Council concerning an alley vacation on the following: First north/south alley east of Kessler Blvd. from Kinyon Street north to the first east/west alley for a distance of 126.6 feet, more or less, and a width of 14 feet. Said alley being part of the Northwest Addition, 3`d Plat in the City of South Bend, St. Joseph County, Indiana. Favorable recommendations from the Area Plan Commission, Police Department, Fire Department, Sanitation, and the Department of Public Works have been received. Cross access easements will be necessary to retain existing driveway in the area where it has recently been constructed. Utility easements may also be needed. The Board of Public Works submits to you a favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. ~ncerely, ' ~ ' ec~ ng l~i r`• ,Taco ,Clerk Attachments c: Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor's Office