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HomeMy WebLinkAbout9458-03 Vacation - Alley - Frances, Quimby, Angela,ORDINANCE No. R~ Passed by the Common Council of the City of South Bend, Indiana October 13, 20 03 Attest: Attest: Ciry Clerk President of Common Corcncil Presented by me to the Mayor of the City of Soutli Bend, Indiana October 14, 03 20 - City Clerk Approved and signed by me October 15 2003 Mayor ORDINANCE NO. ~ ~ ~~ ~ 03 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH FRANCES STREET, THE NORTH RIGHT-OF-WAY OF QUIMBY STREET TO THE SOUTH END OF ANGLES ON THE EAST AND WEST OF DESCRIBED ALLEY FOR A DISTANCE OF APPROXIMATELY 90.5 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN LESTERS SUBDIVISION, 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 DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH FRANCES STREET THE NORTH RIGHT-OF-WAY OF QUIMBY STREET TO THE SOUTH END OF ANGLES ON THE EAST AND WEST OF DESCRIBED ALLEY FOR A DISTANCE OF APPROXIMATELY 90.5 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN LESTERS SUBDIVISION, 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 NUMBERS 0136, 0137, 0138, 0139 SECTION IV. The purpose of the vacation of the real property that we would like to purchase this property to landscape. it because the entrance and exits to the alley is too small for emergency and or utility vehicles to access, it has not been grated in over 15 years and cars maneuvering the alley have to drive on the land owner's private property which destroys vegetation. 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. Memb r of the Common Council 1 sr READING ~ - Lz - O 3 PUBLIC HEARING ~Q-13-013 3 rc! READING l ~~~ 3 .p3 NOT APPROVED REFERRED p,"~~ L 0-l 3 -CL3 Filed in Cier~'s ®ffi~~ SEP 1 ~ 2003 1.0~9d7TAJ. WDtpa ,~(~LfiRK.>3~. e~t~~.I?~. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 76-03 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH FRANCES STREET, THE NORTH RIGHT-OF-WAY OF QUIMBY STREET TO THE SOUTH END OF ANGLES ON THE EAST AND WEST OF DESCRIBED ALLEY FOR A DISTANCE OF APPROXIMATELY 90.5 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN LESTERS SUBDIVISION, 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 i'E'FITi()N TO VACATE IyiJ[31,1C R1C~tt1:4-fal+'-~VAI' `I'(? TIIE, CONIht(7N C()tJNCII. TsATE; ~~ G~' ~ J 01~ 7'Iil~; CITY OI' SO[JTN MEND. INDIANA 1 {~~'Ej, TlI[: ~UNI)TR~IGIVI+:II PI20I'GRTY f)~'V_Ik[~It(5), I'E1'I"1'IDN y'(aD'I'©'~'-ACATE: _ :~. '!"IIE ALI.£Y 13!"SC:EiII3ED AS: The alley to be vacated is described as the first north/south alley east of south Frances street the north right -of -way of Quimby Street to the south end of angles on the east and west of described alley for a distance of approximately 90.5 feet and a width of 10 feet Part located in Lesters sub, city of South Bend, St Joseph County, Indiana. I3. TI1~: S`I'I2F.ET nEtiC.Ri'13F:D AS: Nt~IiIE•: {si I & printed} ADDRESS LO'I' # `~~ '-` -----. 1009 East Quimby St 0139 0133,1036 I `-- 308 South Frances St 0134, 0137 ~ti1 A ~ IAA ~ ~(,t.) I ~j 0135, 0138 5~~' ~ .~ Z003 ~ ~ __~_. ~_._._ ._ toPFri'n ~. fir. ^'` J crrv ct.t:Ftic, tso. ~~~~, i;.,, ~ ~_i COI~'1`ACT: PIrR.Yt)i~ {S) NAA~E: 1ti1/q(~?N~'+ ~~ I OFFICE nF THiJ CITY CLERti ADllRl<:SS: ~3d p S , ~ 1'L~ G~C~S LORETI'A J. DtJllA, C'1Z'Y CLERK KO();14 4S5-COiJNTl`-CITY BL1ILi?ING ~C~(U7l-} ~~~6~ (~ I /~ ~ (v~ I Si)tTTXI FiEt`~I), ti4 4fi6b1 574-235-92?I PiInNA;; ~~~ ~~~ ' ~U~7 7 V 1 L1_1 -013610 °; cv a- ~, ~ 17 ~ U o ~ ~- ~- ~ z -01371190.5 13 I 14~ 1~~I1 ~ 18 w -0138'12 19 ~'_ ~- Q MBY ST. o a~`~ ~ ~2 0 ' ~~ sO_ o ~ ~ 20 9 ~- I I o o ~-/ -o I26~2 24 21 ,'~.'~ 2 7 ~ ~~ -0164.01 18-6006 ALLEY VACATION 22 ~ (~ 23 THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTii/SOUTH ALLEY EAST OF SOUTH FRANCES STREET FROM THE NORTH RIGHT-OF-WAY OF QUIMBY STREET TO THE SOUTH END OF' ANGLES ON THE EAST AND WEST SIDES OF DESCRIBED ALLEY FORA DISTANCE OF APPROXIMATELY 90.5 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN LESTERS SUB, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ~~~ 5 /y " _ l~asOn~ - WA YN E S T. ~_ ~- ~ N O I O ( O I _ O O ~ s 7 I I I I I 3 2 1 j ~ O - ~ c" / 1 ~ s ~ ~ ~'~ 53~ ~o~~ .~~r Filed in Cier~z°~ Agfie SEP ~ ~ 2003 . Cl7Y CLGRx, dO. EsPt~S, ~`.", ~~~s 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS September 22, 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 South Frances Street, the north right of way of Quimby Street to the south end of angles on the east and west of described alley for a distance of approximately 90.5 feet and a width of 10 feet. Part located in Lesters Subdivision, city of South Bend, St. Joseph County, Indiana. Favorable recommendations from the Police Department, Sanitation, Legal Department and the Department of Public Works have been received. Area Plan, the Fire Department and Community and Economic Development stated that currently, the parking pad for Lot 12 and garages for Lots 13 and 10 access directly off this alley. Also. the most direct access to the garage on Lot 7 may be from this alley. In addition, the vacation of this alley would present a hardship to Lot 11, which is west of the alley. Because of the lot width, should this alley be vacated and the property developed, there would be no sufficient way to access the rear of the properly. A utility easement may be required. The Board of Public Works submits to you a favorable recommendation concerning this vacation, subject to addressing the above concerns and any utility easements that may be necessary. incerely, r A g C. acob, Jerk Attachments Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor's Office 7 - WA YN E S T. ~_ O O N O I ~ ~~; ~ ~ ~ 0 ~ ~ I I 3 2 1 ~ O- ~ N O ,-- -_ -- ~ I ~ ' U -013610 ff ~ ~ ~ ~ ~,1 17 C Q z -0137~i90.5~ o 13 ~ 14~ 1~~I1 ~ 18 W - - - - ~ -013812 19 - ~ BY -ST. - . r,, o Y s~ ~ ~2 s ~., so, o ~ ~ 9 0 0 ~ o 20 t , -a ~ i 'i ~ `26 2 1 / 24 7 2 ~~ 22 ~ -0164.01 18-6006 23 ALLEY VACATION THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH FRANCES STREET FROM THE NORTH RIGHT-OF-WAY OF Q[JIMBY STREET TO THE SOUTH END OF ANGLES ON THE EAST AND WEST SIDES OF DESCRIBED ALLEY FORA DISTANCE OF APPROXIMATELY 90.5 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN LESTERS SUS, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. tt J.:i'y '_ y r. /P/~~~li~`~/~ L'LG~Jl S 2 32-~q!? ~~ ~ ~ ~ -~ ~~.~ c~5 So ~T~ ~~N~~ jl~ 44117 ~. c~ X11 a~~ i r Angela K. Jacob Page 2 October 7, 2002 Angela K. Jacob October 7, 2002 Page Two 4. Claude Joyner - Ft. Wayne This alley has not been developed and is not being used. No objection to vacation. There is a curb cut for the alley approach that should be closed. I presume that Rev. Joyner is a an adjoining property owner and has standing to make this petition. It appears that the neighboring property, used as a parking lot for a club, uses the alley approach for access to the parking lot " 5. Willie J. Rogers -1033 W. Bryan Street This alley has not been developed and is not being used. No objection to vacation. There is a curb cut for the alley approach that should be closed. 6. Julia Greene - 2909 Sugar Maple North Ms. Greene proposes to vacate a small portion of Sugar Maple Drive in orderto limit access into the Maple Lane Fours Apartments site. My first concern is Ms. Greene's standing to make this petition. Is she owner of property adjacent to the segment being proposed for vacation? !f not, can she persuade that owner to make the petition? This vacation would severely limit vehicular access to the street network for several hundred residents. It would be the petitioner's responsibility to provide alternate access in order to receive my recommendation to vacate this street segment. Also, it would be necessary to close the curb cut for Sugar Maple Lane and to create a cul-de-sac or other means in the public right of way for vehicles to turn and reverse direction at the east end of the vacated se ossible-bu~nnlikel~_ 7. Martha Lewis - 308 S. Frances St. I have no objection to this alley vacation. There is a garage on Lot 13 on Quimby Street that uses the alley for access. The owners may need to make cross-access agreements. The curb cut on Quimby Street will need to be closed or transformed into a driveway. What w•e do today makes a difference! INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: FROM: Carl Littrell, Engineering Department John Byomi, Area Plan Commission Larry Magliozzi, Community 8~ Economic Development Bo Mathis, Community 8 Economic Development ~.. oward Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office Angie Jacob, Clerk RE: ~ Alley Vacation DATE: September 30, 2002 ch~?d for your review and recommendation for the attached alley vacation. 1 ould appreciate receiving your comments and recommendation concerning this vacation no later , han October 8, 2002. Thank you for your cooperation. COMMEINTS ,~ RECOMMENDATIONS: Ola'~~c~'~Cscc~~,Jf ~-f- 31U t'~~.ac~.s* /009' Qylm~c~ BY:_I~f~C~_ ~ _ DATE: /U- 2-OZ 1"1.ctrk~, ~. 1-.,ec~~ s a3a-~~~~ v O~ S. r t-G.~,e. F.S ~~ ~-E-h Q~~ , s. ~ ~ c~ c~ ~ ~? 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 October 8, 2002 The Board of Public Works 13`'' Floor, County-City Building South Bend, Indiana 46601 RE: Preliminary concerns and comments for potential vacation of the alley generally described as the first north/south alley east of south Frances Street from the north right- of-way of Quimby Street to the south end of angles on the east and west sides of described alley for a distance of approximately 90.5' and a width of 10'. Part located in Lister's Subdivision, City of South Bend, St. Joseph County, Indiana. Dear Board Members: The staff has reviewed this possible petition and believes that this alley should not be vacated. Currently, the parking pad for lot 12 and garages for lots 13 and 10 access directly off of this alley. Also, the most direct access to the garage on lot 7 may be from this alley. In addition, the vacation of this alley would present a hardship to lot 11, which is west of the alley. Because of the lot width, should this alley be vacated and the property developed, there would be no sufficient way to access the rear of the property. A utility easement may be required. Sincerely, ~ ~^ ~, ~ ~ ^. ~~ Jeffrey .Myers Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~ - p.l '. ' 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 8~ Economic Development Howard Buchanon, Fire Department Ja Dillon, Solid Waste e Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: September 30, 2002 Attached far your review and recommendation for the attached alley vacation, I would appreciate receiving yourcomments and recommendation concerning this vacation no later than October 8, 2002. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: ~1~0 ~6,~e~~u.c BY: ~~ UV 1 ~~~u1~'~l. DATE: I D ~ a-- 0 2. /' INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission L a~rry 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: September 30, 2002 OCT 0 1 2002 Attached for your review and recommendation for the attached alley vacation. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than October 8, 2002. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: L..t~77.1 ~~„Ak".c~ A?' TN~E ,x/02?!~ FV/J 0~ A'C.L6Y ~cE T/9~ ~ P,coPOs~ "~ B~ ~1TCri7s~. lVE/~?>c2 2.~ f~PPC-gam 0 ;- TtfdiF Owc.~G R)~ ~3~ f~ PAP iTY ~ro ~rH£ Y14C/ !`floN ~C DtJES j ~~ rr } ~C-e-Cyl~~UE~Ul~ f/~dC1I p-(, U~ UT~~ AFL r~~lL 'f7~1' f1'~lL.t~ BY: ~ ~ DATE: `O•d~dz- 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 Ho rd Buchanon, Fire Department ck Dillon, So{id Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: September 30, 2002 Attached for your review and recommendation for the attached alley vacation. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than October 8, 2002. Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: BY: ~~~~,~- l DATE: CO `- ~ ' ~~ Z