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HomeMy WebLinkAboutVacate - portion of an East_West Alley South of Mishawaka Ave running East from 20th St of 21st St • ORDINANCE No. 8161-91 Passed by the Common Council of the City of South Bend,Indiana January 28, Yq 91 Attest: ' �`°�"�`" Cit y Clerk / IRENE K. GAMMON Attest: .LL// .Ae.e.,, President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 29, i9 91 City Clerk IRENE K. GAMMON Approved and signed by me `fit t`LLt 1 v el t � �9 ° �' G Mayor z = v r Substitute Bill No. 72-90 Ordinance No. g/ 61-4 I AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO VACATE A PORTION OF AN EAST-WEST ALLEY SOUTH OF MISHAWAKA AVENUE RUNNING EAST FROM 20TH STREET TO 21ST STREET IN DUNN'S 1ST ADDITION WITHIN 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 South Bend Municipal Code also addresses specific procedures for the vacation of public ways and public places in Section 18-53.8 through 18-53.10. The following Ordinance vacates the following described 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: An East-West alley South of Mishawaka Avenue running East from 20th Street to 21st Street bordered by lots 5 and 43 on the North and lots 13 and 42 on the South excepting the North-South alley for a total combined distance of 267 feet more or less,all in Dunn's 1st Addition, the Original Plat of River Park Hammond &Whitcomb Addition and Shank's 1st Addition 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 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 properties may be injuriously or beneficially affected by such vacation: owners of lot numbers 5, 13, 42, and 43 as depicted on the map attached to the Petition. SECTION IV. The purpose of the vacation of the above described real property is to eliminate the hazard to residents living in the area caused by excessive use of the right-of-way by vehicular traffic, often at excessive speeds, and to eliminate dust, standing water, and mud, all of which are detrimental to the health of residents and injurious to the abutting nronerties_ A � t ■► r i r SECTION V. This vacation is subject to a recording of a form of easement acceptable to the City addressing the ingress and egress rights of the Indiana Michigan Power Company. SECTION VI. This Ordinance shall be in full force and effect from and after March 1, 1991, its passage by the Common Council and approval by the Mayor. Y ~ IaJ� Miember 0, e'-Common Council • • A • =oT Y City of South Bend '% 6 Common Council }--Il i County-City Building • South Bend, Indiana 46601 llht 186�j-/ January 18, 1991 (219) 284-9321 Sandra M. Parmerlee Clerk Board of Public Works 13th Floor County City Building South Bend, Indiana 46601 Thomas Zakrzewski President Re: Substitute Bill No. 72-90 Loretta Duda Dear Ms. Parmerlee: Vice-President Please find attached a copy of Substitute Bill No. 72— Sean Coleman 90 which incorporates a revised legal description, Chairman. Committee title, and listing of property owners which would be of the Whole injuriously or beneficially affected by the 7 Y Y y proposed vacation. Stephen Luecke Please schedule the re-hearing on this Substitute Bill First District before the Board of Public Works so that the Board's recommendation can be sent to the Common Council for Donald Niezgodski its meeting of Monday, January 28, 1990. Second District William Soderberg Thank you for your cooperation. Third District Sincerely, Ann Puzzello Fourth District Kathleen Cekanski-Farrand Council Attorney Linas Slavinskas Fifth District cc: Council Member William Soderberg Thomas Zakrzewski Council Member Lee Slavinskas Sixth District Mr. Butch Morgan Irene Gammon Sean Coleman At Large Loretta Duda At Large John Voorde At Large Kathleen Cekanski-Farrand Council Attorney PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) S , 1 �` TO THE COMMON COUNCIL JUNE 10, 1990 OF THE CITY OF SOUTH BEND, INDIANA PROPOSE WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION OUR CITY COUNCILMAN TO PROP@tE AN ORDINANCE TO VACATE: THE ALLEY DESCRIBED AS THE 1ST EAST-WEST ALLEY SOUTH OF MISHAWAKA AVE , RUNNING EAST FROM 20TH STREET TO IRONWOOD DRIVE, EXCEPTING THE NORTH-SOUTH ALLEY INTERSECTIONS AND 21ST STREET, FOR A TOTAL COMBINED DISTANCE OF 565 FEET MORE OR LESS, ALL IN DUNN'S 1ST ADDITION, THE ORIGINAL PLAT OF RIVER PARK, HAMMOND & WHITCOMB ADDITION AND SHANK'S 1ST ADDITION, WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THE PURPOSE OF THE REQUESTED VACATION IS TO ELIMINATE THE HAZARD TO RESIDENTS LIVING IN THE AREA CAUSED BY EXCESSIVE USE OF THE RIGHT-OF-WAY BY VEHICLE TRAFFIC , OFTEN AT EXCESSIVE SPEEDS, AND TO IMPROVE SAID RIGHT-OF-WAY BY CREATING PRIVATE DRIVE WAYS, SO AS TO ELIMINATE DUST, STANDING WATER, AND MUD, ALL OF WHICH ARE DETRIMENTAL TO THE HEALTH OF RESIDENTS AND INJURIOUS TO THE ABUTTING PROPERTIES. NAME (printed and signed) ADDRESS LOT # 4 l.Il'i c..6 /4 /-/E 7 z- .r . ) .,-c e- i/ .i -c.._ 922 .S2 .,Z/ s.?.,f i ofiz-zT C/iiir(E 5 l'S S . tsrcn C ' n.' e) Iuvi�m,. f d i sf S'%ret/ ` . 2 , cz,i_e___ 9 (9_. / -c,2/fr-A l ¢3 c,i 7 gam s . a �3I , /r G-.�`„" E ( --- ,- (--t: _7., 3- - / °_,, -.-t''.= 7 KAa-� / 6ttuv 9,2D S. a 0 "I ( 3 (- �m✓c _Am. 9/ CI 04 4-k 9A- . 4- ,,. • ,ir igo.,"...i G,AW C.--k at Alihm.4 q I Do . s 614/WA Le.90,sc.teMowSK4 mil 42 ?� 1' 0 '✓ d ( 4 ca... 1 Ai 7 va os/ 0 "047 -5vtt' - 14--= 13 7 Si ,2I -51- 3 9 R`t wp4c MetyMite an% 44 16 9)5— S c)/1 iz L=vc;LYE ,cC- 4,.2_/o2.5 1 ,j ,4,./.-t , . . ' . ,Z:eri. y/7 —ou . 4— 4-4- ( .C0 L L, ∎ �/v,l Z!o 2 f 9.i. 7 ...Ct 02 / zi-I- (7,5044.e. v. • /—R2 / �.n . 9.3q 5. ?L 9 . PETITION TO VACATE PUBLIC RIGHTS-OF-WAY y (STREETS AND ALLEYS) * , 04 J THE COMMON COUNCIL JUNE 10, 1990 JF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION OUR CITY COUNCILMAN TO PURPOSE AN ORDINANCE TO VACATE: THE ALLEY DESCRIBED AS THE 1ST EAST-WEST ALLEY SOUTH OF MISHAWAKA AVE , RUNNING EAST FROM 20TH STREET TO IRONWOOD DRIVE, EXCEPTING THE NORTH-SOUTH ALLEY INTERSECTIONS AND 21ST STREET, FOR A TOTAL 'COMBINED DISTANCE OF 565 FEET MORE OR LESS, ALL IN DUNN'S 1ST ADDITION, THE ORIGINAL PLAT OF RIVER PARK, HAMMOND & WHITCOMB ADDITION AND SHANK'S 1ST ADDITION, WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. - THE PURPOSE OF THE REQUESTED VACATION IS TO ELIMINATE THE HAZARD TO RESIDENTS LIVING IN THE AREA CAUSED BY EXCESSIVE USE OF THE RIGHT-OF-WAY BY VEHICLE TRAFFIC , OFTEN AT EXCESSIVE SPEEDS, AND TO IMPROVE SAID RIGHT-OF-WAY BY CREATING PRIVATE DRIVE WAYS-, SO AS TO ELIMINATE DUST, STANDING WATER, AND MUD, ALL OF WHICH ARE DETRIMENTAL TO THE HEALTH OF RESIDENTS AND INJURIOUS TO THE ABUTTING PROPERTIES. NAME (paint d d signed) ADDRESS LOT IF ,e.6" o SK/Lam,/� f'l �/ l Ti( S: Z8{r q S-,a 4 0.4x,1,7 4,2 /iTAJ<-- -x ' e. 1W�2f r �- :i ./2,1/3-.- - 77 AdEtets.. — i 4, ' a JOAO," 2 1--■ ,oa A7 v 57: 9D -0/ 57'6-r. ia. 0 so 43 Ali Ta.A.101. gi c.Actrois 922. - .2t' sr SO & 6 14-, ` ' 1' 2 2.j-" S°. ze . i . . . • : , . , • . . . . /1 I PETITION TO VACATE ' ( . THE 1ST EAST—WEST ALLEY SOUTH OF MISHAWAKA AVE, RUNNING EAST FROM 20TH STREET TO IRONWOOD DRIVE, EXCEPTING THE NORTH—SOUTH ALLEY INTERSECTIONS AND 21ST STREET, FOR A TOTAL COMBINED DISTANCE OF 565 FEET MORE OR LESS, ALL IN DUNN'S 1ST ADDITION, THE ORIGINAL PLAT OF RIVER PARK, HAMMOND & WHITCOMB ADDITION AND SHANK'S 1ST ADDITION, WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. I l J 1 7 0' tv--74 /e. 14 ,-1.---/--'ZT- M 13.3 335 It - 435 4'! 45 j7. 41 I .41 , S .GS i �r •-4 :I 32 * 33 • ! J J , ■• _ia) 1*-; *. "On• N' —....: 011;47/ ..] O .~ '' .0 ..— Oj LO : 30 J 5 co 7• 29 35 ., N • N •{• 4 ! ca c 7 s} O I _ 15 40 9..._..._ 6 27 8 • - - — 16 39 . 10 7 - 26 39 . • z 17 " 3 s 25 j 40 i8 37 r -1-. I2 its• I�- ST AG VINE - —, --- t y ;-- : ;� 4. 19' ;� c 1 : g4 24 i u, , 20 35 .14 �--- + I-- 21 34 is . 10 23 j ! 4? I1 22 i 1_33 16 ! 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" g:41.45 tip\ (;�{ { . maswer 1 n ti d . �.- • RESIDENCE a J HALLS c:/ SCUM E D CAMS Q Q [1 [3 M0.S1'E•3i PLAN STIDY � .n.r n , City of South Bend ��� Common Council /lll , �}����_ i County-City Building • South Bend, Indiana 46601 1�111� 1865 i- (219) 284-9321 Thomas Zakrzewski President Loretta Duda August 8, 1990 Vice-President Members of the Common Council Sean Coleman 4th Floor Chairman. Committee County-City Building of the Whole South Bend, Indiana 46601 Re: Vacation of Public Right-of-Way Stephen Luecke First District Dear Council Members: Donald Niezgodski Second District I am attaching a Petition to Vacate the 1st east-west alley, south William Soderberg of Mishawaka Avenue, running from 20th Street to Ironwood. Third District It has been signed by twenty-three (23) property owners. Ann Puzzello It is believed that the vacation of this alley would eliminate a Fourth District hazard to the residents living in the area. Linas Slavinskas Fifth District I look forward to discussing the details of this Petition when it is Thomas Zakrzewski referred to the Zoning and Vacation Committee for review and Sixth District recommendation. Thank-you. Sean Coleman At Large Sincerely, Loretta Duda At Large William A. Soderberg John Voorde Third District Councilman At Large Kathleen Cekanski-Farrand Council Attorney iw:� \ �j/,e ; City of South Bend l'I�� C`, ,��11•' j Joseph E. Kernan, Mayor Board of Public Works November 1, 1990 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION: 1ST E/W ALLEY S . OF MISHAWAKA AVENUE RUNNING E. FROM 20TH STREET TO IRONWOOD DRIVE Dear Members of the Council: In accordance with Municipal Code Section 18-53 .8 , an unfavorable recommendation is being submitted to the Common Council concerning the Vacation Petition to vacate the following alley: 1st east/west alley south of Mishawaka Avenue, running East from 20th Street to Ironwood Drive for approximately 565 feet in Dunn' s 1st Addition within the City of South Bend, St. Joseph County, Indiana For your information, a Public Hearing concerning the Vacation Petition as filed by the following individuals was held on October 29 , 1990 : Bruce Metzger 922 South 21st Street Charles Whetstone 925 South 21st Street Shirley Maxey 921 South 21st Street Jean Metzger 922 South 21st Street Lucille Quirk 926 South 21st Street Karen Kelly 920 South 20th Street R. Furlong 914 South 21st Street Renee Perry 918 South 21st Street Barbara Wosciechowski 930 South 21st Street Pat Suh 937 South 21st Street Rhonda Whetstone 925 South 21st Street Evelyn B. Kendziorski 917 South 21st Street Eddie Kendziorski 917 South 21st Street George Ussher 934 South 21st Street Derek Dieter 929 South 21st Street 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys 1 , •. MEMBERS OF THE COMMON COUNCIL November 1 , 1990 Page -2- Scott Perry 918 South 21st Street Brady August 930 South 20th Street Greg Burkowski 915 South 21st Street Rosemary Majeski 914 South 21st Street Robert Proudfitt 2002 Mishawaka Avenue Sheldon Maxey 921 South 21st Street Bradley Richards 922 South 21st Street Janice Richards 922 South 21st Street Mr. Sheldon Maxey, 921 South 21st Street , Mr. Bradley Richards , 922 21st Street, Mr. Robert Furlong, 914 South 21st Street, Petitioners , were present and spoke in favor of the vacation. Additionally, letters in support of the vacation were submitted by Mr. & Mrs . Charles Whetstone, 925 South 21st Street and Mrs . Lucille Quirk, 926 South 21st Street, South Bend, Indiana. Mr. Owen Morgan, representing Indiana Michigan Power Company, was present and spoke against the proposed vacation. Also, Mr. & Mrs . Joseph Janowski, 923 South Ironwood Drive, as well as their daughter Mrs . Judy Stabinik, 16555 Gerald Street, Granger, Indiana and Mrs . Shirley Hughes , 946 South Ironwood, spoke against the vacation. Mrs . Janowski submitted to the Board a Petition opposing the vacation signed by sixteen (16) residents . Additionally, the legal sufficiency of the Vacation Petition as filed has been raised. Board Attorney Jenny Pitts Manier informed the Board that pursuant to I .C. 36-7-3-12 , Petitioners requesting the closing of an alley must own or are interested in any lots or parts of lots and want to vacate all or part of the public way in or contiguous to those lots or parts of lots . As it appears that property owners at 923 and 925 South 21st Street have not signed the Vacation Petition and are against the closing of the alley abutting their property and none of the Petitioners have an interest in those properties , it is questioned whether the Petition meets legal requirements . A copy of the minutes of the Public Hearing, as well as the letters of support submitted and the Petition in opposition are attached. Also being submitted to you are the unfavorable recommendations which the Board of Public Works received from the Area Plan Commission and the Fire Department as well as the favorable recommendations submitted by the Department of Economic Development and the Department of Public Works . V • 4 * t t e MEMBERS OF THE COMMON COUNCIL November 1 , 1990 Page -3- Therefore, based on comments heard and received, the Board of Public Works submits to you at this time an unfavorable recommendation concerning the vacation of the above referred to alley noting a concern regarding the sufficiency of the Petition with regard to abutting property owners along with the information that the Board encourages property owners to explore the possibility of paving the alley and installing speed bumps with the City available to work with the property owners in this regard. Sincerely, BOARD OF PUBLIC WORKS ) , -,,,,,,/,, L-N. afoLdize_L- Sandra M. Parmerlee, Clerk smp Enc.