HomeMy WebLinkAboutVacate - Alley first North South Alley East of St Louis Blvd from Wayne Street NorthORDINANCE No. 10227.13
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
April 22,
2013
JOHN VOORDE
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by me
April 23,
2013
City Clerk
President of Common Council
JOHN VUUHDE
AORi ! 2y
20 /3
City Clerk
MW `
ORDINANCE NO. 1, 0 �-LlJ(3
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The alley to be vacated is the first North / South alley East of St Louis Blvd from Wayne
Street North to the first East / West alley for a distance of 198 feet and a width of 14 feet.
Said alley is part of Cottrell's Addition to the City of South Bend, Portage Township,
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 St Louis Blvd from Wayne
Street North to the first East / West alley for a distance of 198 feet and a width of 14 feet.
Said alley is part of Cottrell's Addition to the City of South Bend, Portage Township,
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 Ill. The following property may be injuriously or beneficially affected by
such vacating:
018- 6002 -0020, 018- 6002 -0019, 018 -6002 -0018, 018- 6002 - 0018.01, 018- 6002 -0028,
018 -6002 -0029, 018 - 6002 -0030.
Section IV. The purpose of the vacation of the real property is
to allow for the continued use of the alley as part of
the drive way for church parking and the constuction of
a new building to replace an existing building.
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.
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
L -J,, day of , 200 , at q ` `t f- o'clock q m.
City Cle c ( 8e ol--
Approved and signed by me on the ay day of APRIL , 2 v 13 , at
q o'clock a . m.
-s —�3
� � READfNG L
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED L_Z— L 3
VA I
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
MAR 19013
JOHN Voonue
CITY CLERK, SOUTH SEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
13 -13 A BILL TO VACATE THE FOLLOWING DESCRIBED
PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST
NORTH /SOUTH ALLEY EAST OF ST. LOUIS BLVD. FROM
WAYNE STREET NORTH TO THE FIRST EAST/WEST
ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF
14 FEET. SAID ALLEY IS PART OF COTTRELL'S
ADDITION TO THE CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, 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.
This bill was heard by the Public Works & Property Vacation Committee.
Karen L. White
Chairperson, Committee of the Whole
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETS /ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: ' / %
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The first North / South alley East of St Louis Blvd from Wayne Street North to the first East /
West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Cottrell's
Addition to the City of South Bend, Portage Township, St Joseph County, Indiana.
B. THE STREET DESCRIBED AS: N -A.
NAM igned & ' t )
ADDRESS
715 East Wayne Street
-South Bend, IN 46617
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
574 -235 -9221
CONTACT PERSON (S)
NAME: Chester T Gamble
3996 Liberty Street
ADDRESS:
Bremen, IN 46506
PHONE: 574 - 270;@.31 8
LOT #
018- 6002 -0020
X602 -0019
018- 6002 -0018
018- 6002 - 0018.01
018- 6002 -0028
018- 6002 -0029
018 -602 -0030
JOHN 'Vook"JE
CITY CLERIC, SOUTH SEND, IN
Zion United Church of Christ
715 East Wayne Street
South Bend, Indiana 46617
3/182013
Common Council
City of South Bend, Indiana
Zion United Church of Christ request's the vacation of the alley that is bounded by properties of
the church property on both sides.
The vacation of the alley will a�owor he continued use of the alley as a part of the church
parking lot and will also allow nstruction of a new Worship / Fellowship building to
replace an ebb ' g that will be removed.
Respectful
Filed in Clerk's ffim
CITY CL EAK, 41C T H SEND, IN
to O O
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-0011
-0012 -0014
-0017
- 0018.01
-0018
N N N
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-0021 - 0025.02
-0025
-0027
18 -6002
-0028
-0029
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-0019
-0020
14'
Wayne
-0030
r�
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18 -6002 -0031 I n
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Filed Ini for ' M 6W
LEGAL DESCRIPTION:
MAR 19 ZO
The alley to be vacated is the first North/South al co `U"
Blvd from Wayne Street North to the first East/West alley for a
distance of 198 feet and a width of 14 feet. Said alley is a part of
Cottrell's Addition to the City of South Bend, Portage Township, St
Joseph County, Indiana.
1316 COUNTY -CITY BUILDING
22.7 W JEFFERSON BOUIEVARD
SOUTH BEND, INDIANA 466oi -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
August 28, 2012
Mr. Chet Gamble
CTG & Associates
510 Lincoln Way East
Mishawaka, Indiana 46544
PHONE 5741 23 5 -9251
FAX 5741235 -9171
RE: Alley Vacation — The South Half of the North /South Alley between St. Louis Boulevard and
St. Peter Street, North of Wayne Street
(Preliminary Review)
Dear Mr. Gamble:
The Board of Public Works, at its August 28, 2012, meeting, reviewed comments by the
Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police
Department, and the Solid Waste Division. The following comments and recommendations were
submitted:
Area Plan stated that 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. The vacation would not
make access to the lands of the aggrieved person by means of public way difficult or inconvenient.
The vacation would not hinder the public's access to a church, school or other public building or
place. The vacation would not hinder the use of a public right of way by the neighborhood in which
it is located or to which it is contiguous.
The City Engineer stated there should be a dedicated 15' triangular piece on the northwest
corner of the cross -alley for the proper maneuvering of garbage trucks.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation
of this alley subject to the City Engineer's comment.
August 28, 2012
Gamble, Chet
Page 2 of 2
Please contact Tony Molnar at (574) 235 -9254 prior to nicking up your radius map.
You will need a radius map showing properties within 150' of the proposed vacation for your
petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's
office for your alley vacation packet.
c: Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
Michael Mecham, Engineering
Zion United Church
Sincer ly,
Lin a M. Martin, Clerk
Filed in Cler `,s Office
MAR 19 2013
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