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HomeMy WebLinkAboutVacate - An alley running East and West from Leland Ave to Forest Ave ORDINANCE No. 7879-88 Passed by the Common Council of the City of South Bend, Indiana June 27 , iq 88 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council NMI Presented by me to the Mayor of the City of South Bend, Indiana June 28 , 88 zg (CT City Clerk IRENE K. GAMMON Approved and signed by me C act i ig ' - 010,14- Mayor ORDINANCE NO. 7, '79-R'? AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN ALLEY RUNNING EAST AND WEST FROM LELAND AVENUE TO FOREST AVENUE IN THE PLATS OF CHAPIN PLACE BY EDWARD P. CHAPIN AND SHETTERLY PLACE 1ST. 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 east-west alley south of Riverside Street, running east from Leland Avenue to Forest Avenue between Lots 37 and 38 of Chapin Place by Edward P. Chapin and Lots 16 and 17 of Shetterly Place 1st excepting the 16 foot north/south alley intersection. 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: Lots 37 and 38 of Chapin Place by Edward P. Chapin, and Lots 16 and 17 of Shetterly Place 1st. SECTION IV. The purpose of the vacation of the real property is to: 1. Augment the abutting properties and will place same on the tax rolls. 2. Will eliminate an unnecessary and dangerous access and increase safety of the children of adjacent property owners. 3 . It will eliminate the present unsightly condition. 4. Reduce maintenance cost paid by the City of South Bend. SECTION V. This ordinance shall be subject to the condition that the petitioner grant ingress and egress to the garage on Lot numbered sixteen (16) so long as said garage exists. SECTION VI. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor. Me per o the Common Council • r ) PETITION TO VACATE PUBLIC RIGHT-OF-WAY TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DATE INDIANA We, the undersigned property owner(s) , petition you to vacate: A. The alley described as:. The East-West alley South of Riverside Street, running North-South from Forest Avenue, for a distance of approximately 240 feet to Leland Avenue between Lots 37 & 38 of Chapin Place by Edward P. Chapin and Lots 16 & 17 Shetterly Place 1st. NAME ADDRESS LOT David B. Dunbar 857 Forest Avenue 38 James A. & Christine 853 Forest Avenue 37 D. Serwatka 0 c - •• � W .4,1 CONTACT PERSON: DAVID B. DUNBAR 857 Forest Avenue, South Bend, IN 232-8114 (Daytime) IRENE GAMMON CITY CLERK Room 455 County-City Building South Bend, IN 46601 (7 4 IroN ''.<1?, ° N O 01 • �o kr ,so ov �^' 131 .4k, O ^t N ° X,es t (11 Willi a 4-) X �(�t ►► hoes p 13.Z., 3b 4 x Q i x 6 fl; 133 ° 3' , 5a ti ap C `� 'aa.29 ,z6.* ,\ 0 1%.3.15 ,9 gY N of n• 1°i1 3 `6y 11� _AO 5o' 'V 'a°. g 1yo3 1 of ��'a , 50 \ o R .- s4`° 13(0 ask z ` 6a5 yo 21 :44:0: ;, 'z 1 ON IX�4eh '2 Q� .. , „ ., .,\ `,••9 �i k, 0.5 O 'O `k �0 tD 25i� 5M0 1 bo b Nu`� °' \33l �O t5° " N ''N % y Fal .' o 5 6 M "/‘L. d•N fJ( ;� ^2 ^1 0.e > ° % y�rb h • �° b ��; 68 5 363 I 2 l\l ^t ^t ^( 0 0' m •v hj°) p so \ \ '"� 39 O \ N dO h ° M O J 2 .-, sz. \ 0 \ o - sox c0 R N \a . N� I °ate o° SO 13e► g9 "y P� 40 s \a O,� \a.' AVE. . 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W /► \'b , =•z soc 0 h ti' � �Q 4 Q o 4 2 y _ 6 5 4 '� -}— is yi� • 1— 47 72 0 a o„a 3 n - 3\3v •;i V" 1 �o .3z., h Z [Y I— G y , ,zo 60 '- ° ,t Q oQ Q 131 �� • 1�B p Z •-9 • 51 �`� °s I i4 0 ,J 4)(1- -1�o I yzo h h 48 71 y irr 1.38 I h 710+��Q. ��° ty so 6� h 13 I 'J4 h O y 49 70 h Q 1. 0 SEE P' E" 5/ t. 'z 0 = Effected property owners: Lot 37 Chapin Place 1st - James A. & Christine D. Serwatka 50510 Galaxy Drive Granger, IN 46530 Lot 38 Chapin Place 1st - David B. Dunbar 857 Forest Avenue South Bend, IN 46616 Lot 16 Shetterly Place - Albert Mroczkiewicz , Jr. 1538 Quincy Mishawaka, IN 46544 Lot 17 Shetterly Place - Charles & Flossie Whitney 627 Portage Avenue South Bend, IN 46616 Lot 18 Shetterly Place Richard C. Boughner 906-908 Leland Avenue South Bend, IN 46616 AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Room 1140 County -City Building May 13, 1988 Board of Public Works 13th Floor, County -City Building South Bend, IN 46601 South Bend, Indiana 46601 RICHARD S. JOHNSON Executive Director (219) 284 -9571 RE: Vacation of east -west alley south of Riverside, running east from Leland Gentlemen: The Staff has reviewed this petition relative to IC 36- 7 -3 -13. It is the Staff's opinion that vacating that part of the alley which is between Lots 16 and 17 of Shetterly Place First Addition would make access to Lot 16 difficult and inconvenient. Upon site inspection, the Staff noted that access to the garage on Lot 16 is via the petitioned alley. The Staff would recommend that the alley between Lots 37 and 38 of Chapin Place by Edward P. Chapin be vacated subject to any utility easements that may be required. Additional property should be dedicated in order to provide sufficient area for turning movements from the remaining east -west alley to the intersecting north -south alley. The Staff would also recommend that the alley running between Lots 16 and 17 of Shetterly Place First Addition, not be vacated because the vacation would make access to the lands of the aggrieved person by means of public way difficult and inconvenient. Sincerely, Kevin Joyce Planner KJ:sr CC: City Clerk Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN ... /.31 1-4- xt, °� . 0.5 . l ua CV. „ws I6� 1 Kl adr Q y3 ° ss�� J Ao. ;i rl h no A0 H d h MI 4 Q�,•6� ° Iti ° ;sf�1.4 wnO e`t :i \� `(? n.t., F t�y ^)1 ^Mi N "l t.e © t• i` Aso (n O� ?,1 �n /' •t 0 0 . ° �, 41'5 / I • ' • • c •,r IT 1 '/ , if t A,d A to \ eea .' , '° r •M �A to ■n .3. tis ° v!), ^1 p Os I f O ''`tj a `� �O o VI: 9 w,yl 50 p N N (.l ^t H ..p°,,• O $ • �, rt nCs J �� w•.` 1'oe' °r m0 h b�� O• a° ° ,wP �\ O I IC y ►2 �' s� SN `a`• ao �� V� 5 \ \ !3 a _• t P� • SO s ,� `.pA�a�o• ,� O�/` 1' Za. v AVE. TONTI ��'� \ NO 30 Q 0... 3v V `V ■o) I V(^�) �o n . • 4C (n.� 2 \ \ \. 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Kernan, Mayor 41 - f} ,11 . �t a \\‘‘ 1865` = Board of Public Works May 16, 1988 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION: E/W ALLEY SOUTH OF RIVERSIDE RUNNING E. FROM LELAND Dear Members of the Council: In accordance with Municipal Code Section 18-53 .8, a favorable recommendation is being submitted to the Common Council concerning the Vacation Petition filed by Mr. David Dunbar, 857 Forest Avenue and James A. and Christine Serwatka, 853 Forest Avenue, South Bend, Indiana, to vacate the following alley: The east/west alley south of Riverside Street, running east from Leland Avenue to Forest Avenue between Lots 37 and 38 of Chapin Place by Edward P. Chapin and Lots 16 and 17 of Shetterly Place 1st excepting the 16 foot north/south alley intersection. On May 16, 1988, the Board of Public Works conducted a Public Hearing concerning the Vacation Petition as filed. A copy of the excerpts of the minutes of the Public Hearing is attached. For your information, Mr. David Dunbar and Mr. James Serwatka, Petitioners, were present at the Public Hearing and spoke in favor of the vacation. Mrs. Flossie Whitney, an adjacent property owner, was present and advised that she was opposed to the vacation. Additionally, the Board received a letter from Mr. Albert Mroczkiewicz, another abutting property owner, expressing his concerns with the closing of the alley and his ability to utilize his three ( 3 ) car garage which abuts the alley. Mr. Dunbar, Petitioner, advised the Board that the objections and concerns raised by Mrs. Whitney and Mr. Mroczkiewicz could be resolved and that the Petitioners would work with them to provide any joint easements that would be required. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys MEMBERS OF THE COMMON COUNCIL May 19, 1988 Page -2- Therefore, based on information received and assurances from the Petitioner that concerns raised by Mrs. Whitney and Mr. Mroczkiewicz would be resolved, the Board favorably recommends the vacation of the above referred to alley subject to the assurance of the Petitioner that whatever is required to grant access to those lots affected be provided to them, the dedication of additional right-of-way as needed and any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS i 0 I /,, Sandra M. Parmerlee, Clerk smp Enc.