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Home My WebLink About9468-03 Vacation - Alley - 30th Street, Vine Street , - Eggleston's 1st Additionf ORDINANCE No. 9468-03 Passed by the Common Corntcil of the City of South Bend, Indiana November 24, Attest: Attest: ~« 03 20 Presented by me to the Mayor of the City of Soutlr Bend, Indiana November 25, 03 20 Ciry Clerk President of Common Co[cncil Ciry Clerk November 26, Approved and signed by me 20 03 Mayor ORDINANCE NO. ~~~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: the first North/South alley East of 30th Street from the North right of way line of Vine Street thence North for a distance of 410 feet and a width of 16 feet. Said alley would dead end at the North lot line of lots 30 and 35 of Eggleston's 1St Addition. Being apart of Eggleston's 1St 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 with 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 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: the first North/South alley East of 30th Street from the North right of way line of Vine Street thence North for a distance of 410 feet and a width of 16 feet. Said alley would dead end at the North lot line of lots 30 and 35 of Eggleston's 1St Addition. Being apart of Eggleston's 1St 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 vacatedright-of--way, unless such rights are released by the individual utilities. SECTION III. The following property maybe injuriously or beneficially affected by such vacating: 18 6045 1473 Campbell, Eleanor 3010 Mishawaka Avenue South Bend, Indiana 46615 18 6045 1474 Payne, Otis & Martha 3016 Mishawaka Avenue South Bend, Indiana 46615 18 6045 148401 Carrico, John P 3024 Mishawaka Avenue South Bend, Indiana 46615 18 6046 1524 Bergt, Philip & Iris 1001 South 31St Street South Bend, Indiana 46615 18 6046 1508 West, Karen D. 1002 South 30th Street South Bend, Indiana 46615 SECTION IV. The purpose of the vacation of the real property is to allow the expansion and new construction to the east side of Gospel Center Missionary Church. To meet the growing needs Gospel Center plans to extend eastward into the current alley to improve its existing facilities both functionally and aesthetically. SECTION V. This vacation shall be subject to the petitioner filing a cross easement to 30th Street for the stub alley from Mishawaka Avenue, which is acceptable to the City's Department of Public Works. SECTION VI. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval y the Mayor. Mem er of the Common Coun '1 1st READfNG ~ t'l~ ~~~ PUBLIC HEARING ~ ~~z`1`p3 3 rd P.EADING ~,_ Z~,,D j NOT APPROVED REFERRED PASSED ~ 1-.Z`~-D3 ~~Qd to C~~r~°s ®ffic~ L03~'iTA J. t3tiD1~ C~YY CLfiRX. tom. E3~SAta, ('~". TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 87-03 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF 30T" STREET FROM THE NORTH RIGHT OF WAY LINE OF VINE STREET THENCE NORTH FOR A DISTANCE OF 410 FEET AND A WIDTH OF 16 FEET. SAID ALLEY WOULD DEAD END AT THE NORTH LOT LINE OF LOTS 30 AND 35 OF EGGLESTON'S 1ST ADDITION, BEING A PART OF EGGLESTON'S 1ST 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. Karl King Chairman GRANT OF EASEMENT Gospel Center Missionary Church, for valuable consideration received, hereby grants to the City of South Bend, Indiana, through its Board of Public Works, an easement for ingress and egress on and across the property of the Grantor, described as follows: A parcel of land being an easement for the purposes of public egress and ingress along, over and across a part of the Northeast Quarter of Section 17, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest corner of Lot 30 as shown on the plat of Eggleston's First Addition, the same being recorded in the office of the Recorder of St. Joseph County, Indiana; thence East along the North line of said Lot 30, a distance of 165 feet, more or less, to the West line of a 16 foot wide public alley, being also the East line of said Lot 30; thence South 20 feet along said East line of Lot 30; thence West, parallel with the North line of said Lot 30, a distance of 165 feet, more or less, to the West line of said Lot 30, being also the East right-of--way line of 30~' Street in said City; thence North along said West line of Lot 30, a distance of 20 feet to the place of beginning. Subject to any easements, covenants or restrictions of record. This easement shall be for the benefit of and appurtenant to those public streets and alleys owned by the City of South Bend adjacent thereto. Grantor shall have the responsibility for maintenance of the real estate subject to the easement described in this document. The undersigned individual represents that he or she has the authority to execute this deed on behalf of the Grantor. Datedthis a -`~ day of November, Gospel Center Missionary Church By: '~ red in ~ier~'~ ®fft~~ PJ 0 ~ - ~ 2003 L0:13TTA J. DilDA C97Y~l.EFt',t, £J. E~h'eT, if ~ __ _ __ Tit e Before me, Notary ublic in and for the State of Indiana, personally appeared known to me to be the of Gospel enter Missi nary Churc d acknowledged execution of the foregoing Grant of Ea ement this day of N tuber, 2003. ~ M commission ex fires: ~ -~"~~ y r NALD R. FRANCIS, Notary PuDilc A Resident of St. Joseph County, IN, My Commission E~oirea Nw.15, 2007 Notary Public _ County, State of Indiana PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYSl TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDL~~1A I (WE), THE UNDERSIGNED PROPERTY OWNER{S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The alley to be vacated is the first North/South alley East of 30th Street from the North right of way line of Vine Street thence North for a distance of 410 feet and a width of 16 feet. Said alley would dead end at the North lot line of lots 30 and 35 of Eggleston's 1st Addition. Being a part of Eggleston s lst Addition to the City of South Bend, St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: NAivLE (signed & printed) ~~~ ~ ~~~~ Lh ~z'l K L ~ ADDRESS l ova ~S ~3 0~'` s--~- RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 CONTACT PERSON (S) LOT # Ted to Cel~rk°~ ~~ft~~ ~~ ~ ~~ - ~ 2003 LOA~TT'A J. DUDI~ C7FY QLfiFi',(. ~, Ear?, iA9, NAIME: Dennis Whittaker ADDRESS: 1012 South 30th Street South Bend, IN 46615 PHONE: 574-~'~7-7~b9 (.~n~_ rkl 574-288-7501 (home 574-472-7540 (pager) MISHAWAKA AVE ___ _, ~~/ \~~ N O /J ` / \ '.. i ~^~ a^. ~~ 1 2 3 i I j j -1484.01 o ~ ~, i 165' R150' . i 3 ~ i , 4 , , ~ , 4 W ~ i 5 , ~ ~ -1479 j ~- ~ W s -1488 i W ~ , 5 ~ 18-6045 ~ 7 -~ ' (~ 8 O ~ ` ~ -~-, ~ , 7 i i ~ 10 , , , ~ ® ~ i ~ 11 , , 8 , , ~ 165' j 12 ~ R 150' VINE S TR E T 9 41 ~ 13 -1524 i 10 -1525 ~~~ -1526 18-6046 ALLEY VACATION The alley to be vacated is the first North/South alley East of 30th Street from the North right of way line of Vine Street thence North fora distance of 410 feet and a width of 16 feet. Said alley would dead end at the North lot line of lots 30 and 35 of Eggleston's 1st Addition. Being a part of Eggleston's 1st Addition to the City of South Bend, St. Joseph County, Indiana. ~~~,~ ~~ ~~Qg~~e~ ~~~~~~ P~ Q ~~ - ~ Z003 IOp~T'I'A J. ~il~A ~. d~ G`~. DIPISION ! DF.PARTiVErNT OF Pvsrac wo~zxS ~ ~. ° ~° ALLEY VACATION QTY OF SOUTH BEND. Il~IDIDANA ° *~~ ° wasrar~r~ ~ -1508 `~ -1509 ~~~ -1510 -1511 _- 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOVTx BEND STEPHEN J. LuECxE, MAYOR BOARD OF PUBLIC WORKS September 8, 2003 Mr. Blake Unger Gospel Center Missionary Church y3t) South 3U"' Street South Bend, Indiana 46615 RE: Alley Vacation Alley 165' East of 30`'' Street, North of Pleasant Dear Mr. Unger: PHONE 5741235-9251 Fax 574/235-9171 TDD 5741235-5567 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: Engineering stated that the petitioner must provide a cross access easement to 30`'' Street for the stub alley from Mishawaka Avenue. 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) 235-9251. We are h~ldina a radi[_[s map shrnvinL nroperties within 150' of the alley. You will need this radius map for your petition to the Common Council. Unce 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. Tony Molnar, Engineering Janice Talboom, City Clerk's Office Tn~erely, ~i ~~ {{~~!! gelat ..~acob~"Cler~ ~~s~~ ~n ~a~~~g'~ ~~~i~~ PLO-r-~~ 1„' ~~~~a ~~ 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J, LUECKE, MAYOR BOARD OF PUBLIC WORKS November 7, 2003 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation Council Review - 1S` Reading 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 northlsouth alley east of 30~' Street from the north right of way line of Vine Street thence north for a distance of 410 feet and a width of 16 feet. Said alley would dead end at the north lot line of Lots 30 and 35 of Eggleston's 15t Addition to the City of South Bend, Indiana. Favorable recommendations from the Police Department, Sanitation, Legal Department and tl~e Department of Public Works have been received. Engineering stated that the petitioner must provide a cross access easement to 30`h Street for the stub alley from Mishawaka Avenue. The Board ofPublic Works submits to you a favorable recommendation concerning this vacation, subject to addressing the above concerns and any utility easements that may be necessary. id erely, ~ ~ u,~ ~gela .Jacob, C Attachments Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor's Office 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: Alley Vacation DATE: August 1, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like alley vacated because he wants to expand building and parking lot. I would appreciate receiving your comments and recommendation concerning this vacation no later than August 20, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: M. w5 ~" {~ c-o v ~ ~e. w G~'os5 ac,G~eSS ~a,Se, BY: ~'~~~~ DATE: ~ M "0 `~ -- O ~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development Bob Mathis, 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: August 1, 2003 ~(rt~,. Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like alley vacated because he wants to expand building and parking lot. i would appreciate receiving your comments and recommendation concerning this vacation no later than August 20, 2003. Thank you for your cooperation. COMMENTS ~ RECOMMENDATIONS: ~v ...L~ ~t t' "r,q r.r~ ~,..'~~c.~ /~re,cs.~ ~.as~ .y,~ n.~' f ~i~~ ~ ~s,'1` lh-ss~. b r-v~:.f<,~ ~~.. I/ 4.c:~t'J",~ ~~v ~~t ~ •r, ~ ~% y, ~`~i-s ~.~h~. ~;-~ rLi ~ ~. JJ y ~c~fi: BY: fi r~ - DATE: ~ ~ ~ ~~ 08/0512003 11:45 5 I4'L.i~y.~n~ -""" "" "' " INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl ~ittrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community 8 Economic Development Eob Mathia, Community & Economic Development Floward Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: AJley Vacation DATE: August 1, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like alley vacated because he wants to expand building and parking lot. I would ajapreciate receiving your comments and recommendation concerning this vacation no later than August Z0, 2003. Thank you for your cooperation_ COMMENTS 8~ RECOMMENDATIONS: ~'" n f _ ~ ~ ~alv ~l n~~~~St BY:1~ DAtE:, ~ ~ S'd3 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 .,j~f~? RE: Alley Vacation ~ ~ ,{~~~~ ~` DATE: August 1, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like alley vacated because he wants to expand building and parking lot. I would appreciate receiving your comments and r2comme~ dation concerning this vacation no later than August 20, 2003. Thank you for your cooperation. COMMENTS ~ RECOMMENDATIONS: BY: ~~'"` DATE: ~ ~ / _ D_3 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 tjlJ FROM: Angie Jacob, Clerk ~ ~~~` RE: Alley Vacation DATE: August 1, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like alley vacated because he wants to expand building and parking lot. I would appreciate receiving your comments and recommendation concerning this vacation no later than August 20, 2003. Thank you for your cooperation. COMM~JE~NTS 8~ RECOMMENDATIONS: BY: ~/~ „ _ ~~Uc-t ~ DATE: ~~I- LS ~ Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 August 19, 2003 The Board of Public Works 13~' Floor, County-City Building South Bend, Indiana 46601 ;is~', ti 'Jj;~ RE: Right-of--way Vacation -Generally described as the alley 165' East of 30`h Street, running North off of Pleasant Street for approximately 410' more or less. 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 this right-of--way be vacated subject to any utility or access easements that may be required. Sincerely, Andrew Videkovich Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Rug 20 03 08: 21 a 5ti1-'U i Ktir r 1 ~ ~. 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: Alley Vacation DATE: August 1, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like alley vacated because he wants to expand building and parking lot. I would appreciate receiving your comments and recommendation concerning this vacation no later than August 20, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: r ~ a ~ ~ G ~(oN1 BY: ,TE: S "" Z d ~' d '~ Office of the City Clerk Loretta J. Duda, City Clerk %/-a~-o~ /~D/ ~ ~~ r` Gam. ~~e~~z~~e ' ~ 9~.ss ~ ~~ 6u~~~ ~o~G ~IZc~~~ur~~l~ C~iv~. ~~ ~s~~f~~ . ~~ C~'c , ~z~ ~ ~~~ ~~~~ ~~ ~~ 455 County-City Building • South Bend, Indiana 46601 •574/235-9221 • Fax 574/235-9173 • TDD 574/235-5567 Sandra Parmerlee Janice Talboom Winona Hays Chief Deputy Deputy Ordinance Violation Clerk