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Home My WebLink About9454-03 Vacation - Alley - Catalpa , Indiana, - Part of Raff's 3rd AdditionORDINANCE No. Passed by the Compton Coacncil of tlae Ciry of South Bend, Indiana September 22, 20 03 Attest: Ciry Clerk Attest: Vice president of Common Council Presented by me to the Mayor of the Ciry of South Bend, Indiana September 23, 20 03 City Clerk Approved and signed by me September 23 20 03 Mayor ORDINANCE NO . -l ~ ~ ~- ~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF CATALPA AVENUE FROM INDIANA AVENUE NORTH TO THE FIRST EAST/WEST ALLEY. A DISTANCE OF 120 FEET, AND A WIDTH OF 14 FEET, BEING A PART OF RAFF'S 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 CATALPA AVENUE FROM INDIANA AVENUE NORTH TO THE FIRST EAST/WEST ALLEY. A DISTANCE OF 120 FEET, AND A WIDTH OF 14 FEET, BEING A PART OF RAFF'S 3RD 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 #50 Lot #51 SECTION IV. The purpose of the vacation of the real property is for the expansion of the yard to be used as a play area for children, and possibly the building of a new garage. Two of our vehicles have been hit, being parked on the road. SECTION V. This vacation shall be subject to the petitioner providing an easement agreement acceptable to the City's Department of Public Works which provides for a minimum ten foot (10') setback available for utility vehicle turning. SECTION VI. 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. 1~ `~.dV4C~~lr~~ Member of the Common Council 1 sf READING ~ '~' ~ PUBLIC HEARING q-L2.-03 G_S ~°N`a`~ 3 rd READING ~_LL-c73 OlS Qme~~ NOT APPROVED REFERRED PASSED ~-LL~3 CAS ~~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 70-03 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF CATALPA AVENUE FROM INDIANA AVENUE NORTH TO THE FIRST EAST/WEST ALLEY. A DISTANCE OF 120 FEET, AND A WIDTH OF 14 FEET, BEING A PART OF RAFF'S 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 as follows: Make section V. to read as follows: Section V. This vacation shall be subject to the petitioner providing an easement agreement acceptable to the City's Department of Public Works which provides for a minimum ten foot (10') setback available for utility vehicle turning. Change Section V. to Section VI. Karl King Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO 'THE COMMON COUNCIL DATE: 0 8 / 21 / 0 3 OF THE CITY OF SOUTH BEND, INDLaiNA . . I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first north/south alley east of Catalpa Avenue from Indiana Avenue north to the first east/west alley a distance of-120 feet, and a width of 14 feet. B. THE STREET DESCRIBED AS: 800 Block West Indiana Avenue in the city of South Bend, St. Joseph County, Indiana NAME signed & print ., r~sT' ADDRESS LOT # ~ ~cc iuc r ~~ ~~ 9 ~ ~Zc~~~eHa J RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND,IN 46601 574-235-9221 ~1[~t~ rn ~I~rk's ®ffiC ~u~ z ~ zoos _ ~ _~ L~::'~7TA J. O'u'3zm CONTACT PERSON (S) NAME: Jack & Sandra Kendall ADDRESS: 809 W. Indiana Avenue South Bend, Indiana 46613 PHONE: (574)232-5273 X,~ r7 . ~ aC N ~ ~ •~ 0 ~ N ~_; ~ . ~, [ J rn- ~ ~ ~- LEGAL DESCRIPTION: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH FROM INDIANAAVENUE NORTH TO THE FIRST EAST/~IyEST AND A NIIDTH OF 14 FEET. BEING A PART OF RAFF'S 3r BEND, ST. JOSEPH COUNTY, INDIANA. F»Ed ~~ ~if€p~t~~ C~f$ICI BUG 2 ~ 2003 LOg8T7A.L ~1D,'~ F- W W (./7 z Q U ALLEY EAST OF CATALPA AVENUE ALLEY A DISTANCE OF 120 FEET, d ADDITION TO THE CITY OF SOUTH 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS July 28, 2003 Mr. Jack Kendall 815 West Indiana South Bend, Indiana 46613 RE: Alley Vacation North/South Alley Between Lots 41 & 50 of Raff s 3`d Addition Dear Mr. Kendall: 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: Area Plan and Engineering stated that the petitioner needs to provide a means ofaccomplishing truck turns at the "T' intersection. The alley approach at Indiana must be replaced with curb and sidewalk. In addition, 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 their solutions for the alley vacation. If you have any questions, please contact Tony Molnar or Carl Littrell at (574) 23~-9251. ~Ve 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. i~cerely, ,C G,L ~, ~ _: CLt ngela: .Jacob, Cl .~ Tony Molnar, Engineering Janice Talboom, City Clerk's Office ) ~ ~~ I ` I 4 I JPRi rn I `' o • , ~//~ I 3 ~ B•B02fol „ )S B57.BG i • ~?-oeJr u ~ ST ~. " 4' COTTER __-~ I `' ~, "y 14dG a - ra 3.G So l43.G W I49.G 50 I '~ 'j I ' O lldr.a QP "• ~ ~ 2 Q •0944 18'8021 Q l0 3 G.og - 9n44 ~~~ 4P ~ ' Y ~ nimm `}' I C ~ ~;' B ,grvao J ~ /9 ~ ~DA<<-- 5 ~~• X130 ~ ~ ~ I43G a. ~y ow .JG~ /43G q N!O I a 1 ' ~.. ~ ~ ~ v 18-8023 CT. ° ~ ~ r~' S X j C)1 LEON- r1 ~q+ F ~ 175 ~ ~ ~ ' 1 / U' ~~ - 175 ' t .. ~. o ;n ~ 143.6 + ! 'C ` ra3G ~ io3.q ~ a I43.G ~ ~ _ boy - - - ~ -- --~~- - - _; 0 a P ,~ 1 Y '1 T5 ~ } ~ ~ _ . ~ ~ 1 ~ ~ _ 13- ~ ` m _ __~_.5, 1 ~ 0 ~~ Pf. 6.629 r a. _ 13 - ,- - _ r nr ~ ~ ~ -,,,. J "7 .) ~ t• ~ 1~ -~• ....f ~- c ' ~ " -0930.01. 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Byorni Assistant Director Phone 574 235-9571 Fax 574 235-9813 July 17, 2003 The Board of Public Works 13th Floor, County-City Building South Bend, Indiana 46601 RE: Alley Vacation -Generally described as the north/south alley located between lots 50 and 51 of Raffs 3`d Addition. Said alley being north of Indiana Avenue and between Catalpa and Chapin Streets. 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 if this alley is vacated that it be done so subject to any cross-access or utility easements that may be necessary. ;~ SinGerel , ~ ~ f , ~- Jeffrey O. Myers 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: Street Vacation DATE: July 9, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner owns both Lot 50 & 51. He wants to vacate the referenced alley to put a fence around all of his property. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than July 18, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: BY: ~, ~:=e DATE: ~~~~~~ • ~ I ~~ 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: Street Vacation DATE: July 9, 2003 ~; ,: '" - _ ~ '~ . __ ~, - ~~ . LJ ibY i ~-------__ J Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner owns both Lot 50 & 51. He wants to vacate the referenced alley to put a fence around all of his property. I would appreciate receiving your comments and recommendation concerning this vacation no later than July 18, 2003. Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: ft~ ~CJ F-cc~~rr~A'~-[ ~ ~ .tea ~~ -~= BY: ~~--, ~~e..-5 I ~-~ . DATE: 7 /~' ~ ~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission arty 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: June 24, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner owns Lots 50 and 51, and want to put up a fence around his property. I woul , re..' e receiving your comments and recommendation concerning this vacation no later t n July 8, 2 03. Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: 7 ~u~~ u r BY: ~~% cf Z~zu/ ~ DATE: z~~0.3/~~ _ G~`~ ~ ~-3-~~ 07f14/2003 15:15 5r423593d5 JI..JI..I 1 r LLI 1/ ~ + ~ "" INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS T0: Carl Littrell, Engineering Department J~~hn Byorni, Area Plan Commission Larry Maglioui, Community 8~ Economic Development Bob Mathia, Community 8r Economic Development }~;oward Buchanon, Fire Department Jock Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: P~ngie Jacob, Clerk RE: °~treet Vacation DATE: July 9, 2003 Attachecl is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner owns both Lot 50 8 51. He wants to vacate the referenced alley to put a fence around all of his property. I would'a ppreciate receiving your comments and rea~'ommendation concerning this vacation no later than July 78, 2003. Thank you for your cooper COMMENTS & RECOMMENDATIONS: BY: 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: Street Vacation DATE: July 9, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner owns both Lot 50 & 51. He wants to vacate the referenced alley to put a fence around all of his property. I would appreciate receiving your comments and recommendation concerning this vacation no later than July 18, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: BY: ~.~~~. l ~ DATE: ~ I ~'~3 1 14 -- - = P ...... ... ..... .. 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: Street Vacation DATE: July 9, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner owns both Lot 50 & 51. He wants to vacate the referenced alley to put a fence around all of his property. f would appreciate receiving your comments and recommendation concerning this vacation no la#er than July 18, 2003. Thank you for your cooperation. BY: ~ `~ ~,~, DATE: ~ ~ ~ 7 'G 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: Street Vacation DATE: July 9, 2003 ~'' ~~ ~" S~" ~'U~' ~;,~ v~~% Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner owns both Lot 50 & 51. He wants to vacate the referenced alley to put a fence around all of his property. I would appreciate receiving your comments and recommendation concerning this vacation no later than July 18, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: DATE: ~/l~ 3