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HomeMy WebLinkAbout9416-03 Vacation - Alley - first North/South alley East of Fellows Street, Indiana Ave., - Part of Studebaker's 1st Addition to the City of South BendORDINANCE No. ,so3 Passed by the Common Council of the City of South Bend, Indiana May 12, Attest: Attest: ~_-~ 20 03 Presented by me to the Mayor of the City of Sorrtlr Bend, Indiana May 13, 03 20 City Clerk President of Common Council City Clerk Approved and signed by me May 13, 20 03 Ma}rn ORDINANCE NO. "~ ~ ~ b~ O AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first North/South alley East of Fellows Street from the South R/W Line of Indiana Avenue to the North R/W Line of an East/West alley for a distance of 165 Feet and a width of 14 Feet. Part of Studebaker's l~ 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 Fellows Street from the South R/W Line of Indiana Avenue to the North R/W Line of an East/West alley for a distance of 165 Feet and a width of 14 Feet. Part of Studebaker's 1~` 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 my be injuriously or beneficially affected by such vacating: 18-7046-1762 18-7046-1763 SECTION IV. The purpose of the vacation of the real property is to improve the safety of the community. Over the past three years there have been a high number of vehicles that travel at unsafe speeds through the alley, not stopping for street or alley intersections. There have also been several police chases through this alley both on foot and in vehicles. This alley is located between the two properties that I own on Indiana Ave (514 & 518). This alley is not used for trash pick-up that is located on the back alley running East and West between Indiana and Dubail. In the past vehicles using this alley have driven though my back yard cutting the corner of turns by as much as five to ten yards. There are no garages that would use this alley for accessing their vehicles. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 1 st READING `-/~~ a o3 PUBLIC HEARING 5-.,L-03 3rd READING 5_1L-o3 NOT APPROVED REFERRED PASSED S-~z.-o3 ~ ~~ Member of the Common ouncil APt~ 2 ~ Z~fl3 LOfiirTTA J. tDil7t, CITY CLERI6, S~. ~EEta, IF1. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 30-03 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF FELLOWS STREET FROM THE SOUTH R/W LINE OF INDIANA AVENUE TO THE NORTH R/W LINE OF AN EAST/WEST ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART OF STUDEBAKER'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 PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) _ TO THE COMMON COUNCIL DATE: ~~I I ~ ~Gi ~ OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: i `~ ~P ~i ~,-~. ~I r,~ ~.;~IC ~~ ADDRESS LOT # ~• I~ 1 Ll ~~ or R ~ ;S-4~ p. e ; ~ ~ l~ jJ ~~` C~,n.~ Q r.J i Gt~-~ ~t ~ ~ ~"~". ~~~'~ r~7 ~'" ~~.?aP Ir~y' S ~y~ hC/.k'~~ i~i15v~ ~ l ALP l _1T9 ~•~ ~0~.-I~i. ' .[:r'~C"1 `7T• ~ ~.F7/.~-v'L'fM ~ ..Lr4it(GG+tcr N ME (signed & printed) ~~ "/~,~ ~1 ~~ l i~ t 7 ~ Z.'R ~ / n Filed ire Cier~;°~ ~f~see 4 ~P~ ~ ~ X003 LOR~TTP. J. OilDl. CITY CLER:{, ~. QE~tD, li':. ~ 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) NAME: ~ C" ~ !1 ~ rL ADDRESS: ~Fj~~~ ~• .=v~~ir~-tea ~. /~~ ~ ~ ,~~I~( y~~ i3 PHONE: ~~y)vZ. ~`ZS " ~1 ~ `~' ~ ~ 97 ~ 94~ 9 ~92 91 ~9 61 ~ ' 1 ~ o ~~ q~~ 9 ~' d ` 85 S>a rr;; 15 0 °'0 0 0 0 0 28 ~ ~ Jo _ I ~ ~ 16 I I I t I I o 27 ~_ ~ 19 21 22 24 I 4Jv ~ i rn ' t y 25 I 26 31 17 ° / 11$ ~ 0. R .0± AvE. I A I ~l F'-~ V J 16' I I y 10 1 2 3 4 5 6 7 9 ~ ~ a n _ N M ~ ~ ~ t0 1~ { ^ n _ _ 1 j~ ~ j l i I I I ~l 1~1'~ O '~'~~ R 5 0 Rl 0 ~ '"~~ - ~°~- ~ a t~"' " 1"J ~"~ o ^ 47 46 45 53 52 ~ 51 ~ ^50 49 4 0 ~ ~ ~ ~ W ~" ~ ~ ~ Ie _ q <> "~ • t, , ~,1,~ ~ ~ Z ~~` I I l l ~ i ! 1 ALLEY VACATIONS The alley to be vacated is the first North/South alley East of Fellows Street from the South R/W Line of Indiana Avenue to the North R/W Line of an East/West alley for a distance of 165 Feet and a width of 14 Feet. Part of Studebaker's 1st .Addition to the City Of South Bend, St.Joseph County, Indiana 131 G COUNTY^li1'CY BUILDING SOUTH BEND, INDIANA 4G601-1830 PHONE 5741 23 5-925 1 Fax 574/235-9171 TDD 574/ 235-SSG7 CITY OF SOVrH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORK,S._ Mr. Brian Zbrzezny 514 East Indiana South pond, l;~diana 45513 RE: Alley Vacation Dear Mr. Zbrzezny: March 10, 2003 P~ ~ ~ ~~~~ ~cmr co.cl~, ~o. ~~tr~, o~, 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: The Division of Engineering stated that the garage on Lot 5 which requires access from the proposed vacated alley. Currently Lots 4 and 5 have common ownership and the garage is proposed for demolition. The proposed vacation creates a "T" alley which is only one (1) lot deep. Reverse movements for large vehicles to exit are not objectionable. The Fire Department stated that the resident at 518 will not have access to their garage. Area Plan recommends that if the alley is vacated, that it be done so subject to the creation of across-access easement and any utility easements that may be necessary. If you decide to proceed with your request to the Common Council, please address the recommendations and their solutions for the alley vacation. 1f you have any questions, please contact Teny Molnar or Carl Limell at (5?4~ 235-9251. ~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 Counci I. 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 ofFirst Hearing, upon which the Board ofPublic Works will forward their recommendations to them. S~e ely, - '~~ Angela K:~acob, Clerlf~ Tony Molnar, Engineering Janice Talboom, City Clerk's Office 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONe574/235-9251 Fnx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LuECxE, MAYOR BOARD OF PUBLIC `WORKS April 29, 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: 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 al ley east of Fellows Street from the south R/W line of Indiana Avenue to the Nort11 R/W line of an easthvest alley for a distance of 165 feet and a width of 14 feet. Part of Studebaker's 1S` Addition to the City of South Bend, St. Joseph County, Indiana. The Division of Engineering stated that the garage on Lot 5 requires access from the proposed vacated alley. Currently Lots 4 and 5 have common ownership and the garage is proposed for demolition. The proposed vacation creates a "T" alley which is only one (1) lot deep. Reverse movements for large vehicles to exit are not objectionable. The Fire Department stated that the resident at 518 will not have access to their garage. Area Plan recommends that if the alley is vacated, that it be done so subject to the creation ofacross-access easement and any utility easements that may be necessary. Therefore, the Board submits to you a favorable recommendation concerning this vacation, if the above referred to conditions are addressed and resolved by the petitioner. m erely, ~ ~. e a~ cob e Attachments c: Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor's Office ~~.~. ~ ~ ZoQ~ LO"=afrld. dwCr~ Cliii CLE~;~:, ~,~. £E:~, 6Iv, 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOVrx BEND STEPHEN J. LvECKE, MAYOR BOARD OF PUBLIC WORKS April 29, 2003 Ivir. Brian Zbrzezny 514 East Indiana South Bend, Indiana 46613 RE: Alley Vacation Dear vir. Zbrzezny: PHONE 574/ 235-9251 F,~c 574/ 235-9171 TDD 574/ 235-5567 The Board of Public Works has forwarded a favorable recommendation, subject to addressing the below listed concerns, to the City Council regarding the following request for an alley vacation: First north/south alley east of Fellows Street from the south R/W line of Indiana Avenue to theNorth R-1.V line of an easthvest alley for a distance of 165 feet and a width of 14 feet. Part of Studebaker's 1'` Addition to the City of South Bend, St. Joseph Counry, Indiana. The Division of Engineering stated that the garage on Lot 5 requires access from the proposed vacated alley. Currently, Lots 4 and 5 have common ownership and the garage is proposed for demolition. The proposed vacation creates a "T" alley which is only one (1) lot deep. Reverse movements for large vehicles to exit are not obj ectionable. The Fire Department stated that the resident at ~ 18 will not have access to their garage. Area Plan recommends that if the alley is vacated, that it be done so subject to the creation ofagcross-access easement and any utility easements that may be necessary. The Public Hearing has been set for IVIay~12, 2003. You will need to address the above listed concerns at this hearing. If you have any questions regarding the concerns regarding this alley vacation; please contact 1Vir. Tony Molnar or Mr. Carl Littrell at 235-92~ 1, before the )V1ay 12, 2003 meeting. Sincerely, :L' Z.~ r Z~ - ~ Angela.; cob, Cler. Janice Talboom, City Clerk's Office Tony ivlolnar, Engineering Carl Littrell, Engineering 1316 COUNTY-C[i'Y BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOVrH BEND STEPHEN J. LuECKE, MAYOR PHONE 574/ 235-9251 Fax 574/235-9171 TDD 574/ 235-5567 BOARD OF PUBLIC ~ORK~, -~.._:v~:..~.~__..`._:_:...~ March 10, 2003 j -~..~s.a..._: Mr. Brian Zbrzezny ~ -- .,~ 514 East Indiana ~ 1J~;~iaad. ~~ South Ecnd, Indiana Y5513 ~~~~~,.~.~~~,~~ z_. RE: Alley Vacation Dear Mr. Zbrzezny: 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: The Division ofEilgineering stated that the garage on Lot 5 which requires access from the proposed vacated alley. Currently Lots 4 and 5 have common ownership and the garage is proposed for demolition. The proposed vacation creates a "T" alley which is only one (1) lot deep. Reverse movements for large vehicles to exit are not objectionable. The Fire Department stated that the resident at 518 will not have access to their garage. Area Plan recommends that if the alley is vacated, that it be done so subject to the creation of across-access easement and any utility easements that may be necessary. If you decide to proceed with your request to the Common Council, please address the recommendations and their solutions for the alley vacation. lfyou have any questions, rlease contact Teny Molnar or Car! Littrell at (5?4~ 235-4251. .Vc 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. S' ~e ely, `~~ Angela K:~acob, Clerl~-/ c: Tony Molnar, Engineering Janice Talboom, City Clerk's Office ~- C~ O w t t AVE. ~Il( ~ , l~,~r/~sf~ Avg So v ~; r+ ~~~D ~ t ti ALLEY VACATIONS ~~ - ---- `~..._.- - z~~ -~14~ The alley to be vacated is the first North/South alley East of Fellows Street from the South R/W Line of Indiana Avenue to the North R/W Line of an East/West alley for a distance of 165 Feet and a width of 14 Feet. Part of Studebaker's 1st Addition to the City Of South Bend, St.Joseph County, Indiana ~ b 1 07 03 01:34p SBPD TRRFFIC (219)235-9308 p.l INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Car! Liftrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development Bob Mathia, Community 8 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 . Near 500 block of East Indiana DATE: February 6, 2003 Attached is a portion of the Ptat Book {highlighted area) for a request for an alley vacation The first northlsouth alley east of Fellows Street from the south right of way line of Indiana Avenue to the north right of way line of an east/west alley for a distance of 165 feet and a width of 14 feet. Part of Studebaker's 151 Addition to the City of South Bend, St. Joseph County, Indiana. f would appreciate receiving yourcomments and recommendation concerning this vacation no later than February 12, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: d _'' y~ C'+C.~ L 6 ~RJS BY: TE: 0~-1~~-Q?j 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 ~,~ ti RE: Alley Vacation Near 500 block of East Indiana DATE: February 6, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. The first north/south alley east of Fellows Street from the south right of way line of Indiana Avenue to the north right of way line of an east/west alley for a distance of 165 feet and a width of 14 feet. Part of Studebaker's 1 sc Addition to the City of South Bend, St. Joseph County, Indiana. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than February 12, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: i 1 BY:_ ~~~„~/~~ ~ DATE: ~ / ~ ~~~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: ~arl 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 C~ RE: Alley Vacation Near 500 block of East Indiana DATE: February 6, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. The first north/south alley east of Fellows Street from the south right of way line of Indiana Avenue to the north right of way line of an east/west alley for a distance of 165 feet and a width of 14 feet. Part of Studebaker's 1St Addition to the City of South Bend, St. Joseph County, Indiana. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than February 12, 2003. Thank you for your cooperation. (9 C.~z2.~ti~w~riU E~td~- ~~~ G2~/~'!%C i~'~`''C~ ~ C~1~(~~°~L~1. v ~~ BY: DATE: ~. ~ r > `-' on.e ~~L ~ DIX.~~' ~ %!~ „G .~o. G~' i_ -- d T,.,.. ,,,.a e ~.~„ w COMMENTS & RECOMMENDATIONS: INTER-OFFICE MEMORANDUM ,~;~,, .,] ^ BOARD OF PUBLIC WORKS ~~?n ~~ 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 Near 500 block of East Indiana DATE: February 6, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. The first north/south alley east of Fellows Street from the south right of way line of Indiana Avenue to the north right of way line of an east/west alley for a distance of 165 feet and a width of 14 feet. Part of Studebaker's 1St Addition to the City of South Bend, St. Joseph County, Indiana. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than February 12, 2003. Thank you fior your cooperation. COMMENTS ~ RECOMMENDATIONS: fi ~,/ /~ Solrc~ WAs~~ ~e.p~ -- ~o~s~/'/ yse /~'S ~l"Y BY: - DATE: ~ - I a - 03 ~ 02/12/2003 16:03 5742359305 SOUTH BEND FIRE DEPT ~ • FEB, i2.2003~11:;;5AM BRD PUB WOPKS~SArETY INTER-0FFICE 1WEMORANQUM EOARD OF PUBLIC WORKS TO: at( Littrell, Engineering Qepartm®nt John 6yc~mi, Area Plan Commission Luny Maglivzzi, Community 8~ Economic D®velopment I~ab Met('~ia, Community & Econornfc Development Howard Ruchanon, Fre Department Jack Dillcn, Solid Vlfest~e ~e Markovich, Police Dopartment Tom Bodnar; City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation Near 500 block of East Indiana DATE: February fi, 2003 PAGE 01 Attacl~ed is a portion of the Plat Book (highlighted ar®a) fora request fog an alley vacation. The first north/sot-tl; alley east,af Fellows Street from the south right of way line of Indiana Aventae to the norm right of way line of an east/west alley for a distance of 165 feet and a width of 14 feet. Part of Studebaker's 1~ Addition to the City of South Bend, St Jos®ph Country, Indiana. I woul~~ appreciate receiving yourcomments end teoommendation concerning this vacation no later tham~ f=abruary ~ 2, ?,A4 Thank you for your cooperation. COM~E~ITS 8 REGOMMcNbA~'IONS: ____~__ Q~~f w .r-- BY:~~isi~_ • o~~ DATE: c~ "/ -fl~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS ~' ~~ ~ `~ 2003 TO: FROM: RE: DATE: 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, Sofid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office Angie Jacob, Clerk ~,~ Alley Vacation Near 500 block of East Indiana February 6, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. The first north/south alley east of Fellows Street from the south right of way line of Indiana Avenue to the north right of way line of an east/west alley for a distance of 165 feet and a width of 14 feet. Part of Studebaker's 15t Addition to the City of South Bend, St. Joseph County, Indiana. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than February 12, 2003. Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: ~c~~r•~ r'~t (~ A-~PiZr~~-C~ krr_C~ ~~„T ~r=FER ~~~c ~~a~~otil O_ ~ _L.MYt=b TRI~~Lf E~G~'t1F tc~cH ©~ ~r~ - 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 March 3, 2003 The Board of Public Works 13`" Floor, County-City Building South Bend, Indiana 46601 RE: The alley generally described as being the north half of the north/south alley on the block bounded by Indiana Avenue, Fellows Street, Dubail Street and Rush Street. Dear Board Members: ' The staff has reviewed this petition relative to IC 36-7-3-13. It is the staffs 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. It appears as if both lots adjacent to this ally make use of the alley to access their property. The Staff recommends that if the petitioned alley is vacated that it be done so subject to the creation of a cross- access easement and any utility easements that maybe needed. Sincerely, ~~~~ ~,~~--- Je fret' O. Myers Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana