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Home My WebLink About9429-03 Vacation - Alley - First North/South alley West of William Street from Lincolnway Way West to the first East-West alleyORDINANCE No. s<=s-o3 Passed by the Common Council of the City of South Bend, Indiana June 23, 20 03 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the Ciry of Socctlt Bend, Indiana June 24, 03 20 City Clerk Approved and signed by me June 24 20 03 1-rm~ ORDINANCE NO. ~ ~ 2~ ' ~ 3 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: First North-South alley West of William Street from Lincoln Way West to the first East- West alley. 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 West of William Street from Lincoln Way West to the first East/West alley for a distance of 132 feet, more or less, and a width of 14 feet. Said alley being a part of Henricks and Grants Sub. in 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 may be injuriously or beneficially affected by such vacating: Lot Number Property ID No. 11 18-1019-0806 12 18-1019-0808 SECTION IV. The purpose of the vacation of the real property is because the house is very close to the alley, and the house has been damaged by 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. ~r Member of the Common Coun it 1st READING ~ !~ - 03 PUBLIC HEARING ~ -L3 rD 3 '3 rd READING (Q _'L 3-4 3 NOS APPROVED REFERRED PASSED ~ ~L3 ` d 3 LORETTd~ d : 4'~:. CfiY GLl:F?ts :',O. E?';wx'J,'sP9. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 44-03 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST NORTH-SOUTH ALLEY WEST OF WILLIAM STREET FROM LINCOLN WAY WEST TO THE FIRST EAST-WEST ALLEY 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 r PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: ~ _ ~ ~ - ~ ~~ OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCR-~IM-BED AS: S.~~r--~ i~ w ~ -~^ ~~, B. THE STREET ] NAME (signed & printed) ~ ,~- [2IBED AS: - ~ ~ ~~ ~-e ~.,Lv ~. U~ r~ ~ ~ ADDRESS ~~3 ~-I~L~a~N Cc~~y c.v.fsl` LOT PrD pcrT~ _ !7 1O-1~1~-rte. G~o~ ~o~" ~ ~. X51 „~'ts.{~.i.. %.~'~9u~ tlt[[ .1l1 ~! ~- ~-~~3 ~ --- -~ LOR~'Y7C~J. J~'0~~ !~! CtTYC1GE;r;~ °v'. ®~F:J, IPf. t 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: i? J ~C ~~ ~ ~<_ ~ ADDRESS: ill ~ ~ i N' c~~r/~;c,~Fi'( ~~5~ S ~ !~j p !"v~ ~f~,~ ~~r' ~,~ ~' t PHONE: ~ ~~ ~" ~ Q ~ ~~- N 20 0 20 40 Feet LEGAL DESCRIPTION The alley to be vacated is the first North/South alley West of William Street from Lincoln Way West to the first East/Vi/est alley for a distance of 132 feet, more or less, and a width of 14 feet. Said alley being a part of Henricks and Grants Sub. in the City of South Bend, St. Joseph County, Indiana. ,~ , r ,. w 9,, ,pfF ~. LC1~°Y°CC, J.:ivl~:: CITY CC.[f3~, ^t2. ~W~I'7, i=`~. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUfH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS May 12, 2003 Ms. Beverly Lynch 415 Lincolnway West youth Bend, Indiana 46(101 RE: Alley Vacation Dear Ms. Lynch: PHONE 574/ 235-9251 Fax 574/235-9171 TDD 574/ 235-5567 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: Tl~e Fire Department forwarded a favorable recommendation for the alley vacation, subject to tl~e owner at 411 Lincolnway West having no objections. Community and Economic Development noted that 415 has a fence surrounding the property and recommended that the alley not be vacated, as it serves veh icles entering through Lincolnway West. In addition, it appears there is no evidence of 415 being damaged due to the alley. Area Plan stated that if this alley is vacated, that it be done so subject to the creation of utility easements or cross access easements. Engineering stated that the alley lays between 411 and 413 Lincolnway west. 415 is one house removed. If there is no error in the address listed, the petitioner has no standing to make the petition unless they happen to own either 411 or 413. Also, if successful, the adjacent owners each benefit by splitting the property. They will need to cooperate to accomplish closing the alley approach from Lincolnway and closing the north approach from the north alley. 415 and 413 have common ownership. 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 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. i cerely, t` ,,.. ngetlaU'1~Taco , C,)' rk r°"°~,°°• ~~ ~. -•._. c: Tony Molnar, Engmeertng Janice Taiboom, City Clerk's Office ~~~ ~ °' r~4~;, ~~ 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBL~iC~ WORKS June 6, 2 0 Members of the Co-nmon Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation Dear Members of the Council: PHONE 574/ 235-9251 Fax 574/235-9171 TDD 574/ 235-5567 h~ 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: Alley located beriveen Lots 1 1 and 12 of Henricks and Grants Addition on the block bounded by Taylor Street, Madison Street, Williams Street and Lincolnway West. Favorahle --ecommendations from the Area Plan Commission, Police Department, Fire Department, Sanitation, and the Department of Public Works have been received. The Fire Department submitted a favorable recommendation, subject to the property owner at 411 Lincolnway West having no objections. Community and Economic Development noted that 415 has a fence surrounding the property, and recommended that the alley not be vacated, as it serves vehicles entering through Lincolnway West. In addition, it appears there is no evidence of 415 being damaged due to the alley. Area Plan stated that ifthis alley is vacated. that it be done so subject to the creation of utility easements or cross access easements. Engineering stated that the alley lays between 41 1 and 413 Lincolnway west. 415 is one house removed. Also. if successful, the adjacent owners each benefit by splitting the property. They will need to cooperate to accomplish closing the alley approach from Lincolnway and closing the north approach from the north alley. 415 and 413 have common ownership. The Board of Public Works submits to you a favorable recommendation concerning this vacation, <I~bject to any unlit}~ easements that may be necessary. ' rely, I ngel . Jacob, C rk Attachments Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor's Office 05/01/2003 16:08 d 5742359305 SOUTH BEND FIRE DEPT INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: t;arl Littrell, Engineering Department .IOhn Byomi, Area Plan Commission l.any Magliozzi, Community 8~ Economic Development E3ob Mathia, Community & Economic Development l~loward Buchanon, Fire Department Llack Dillon, Solid Waste v .loe Markovich, Police Department ~'~om Bodnar, City Attorney's Office FROM: ~~ngie Jacob, Clerk RE: ~~Iley Vacation ~t15 Lincolnway West DATE: ~~pril 24, 2003 PAGE 01 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. The horneownerwould like to vacate the alley because her house sits very close to the alley and has sustained damaged by the vehicles accessing and using this alley. I would,~ppreciate receiving your comments and recommendation concerning this vacation no later than l~fay 2, 2003. Thank you for your cooperation. COMMENTS E'~ RECOMMENDATIONS: F 0.: iJ BY: P~~G ~' _~'~ . ~ DATE: - / - c~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 FROM: Angie Jacob, Clerk RE: Alley Vacation 415 Lincolnway West DATE: April 24, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. The homeowner would like to vacate the alley because her house sits very close to the alley and has sustained damaged by the vehicles accessing and using this alley. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than May 2, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: '' f BY: ~ ` ~- ~~,~~~ DATE: ~! ~~/ a ,3 INTER-OFFICE MEMORANDU ~ ~ ~ ~ a BOARD OF PUBLIC WORKS (~ ~,PR 2 4 2003 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 415 Lincolnway West ;; ~~Yr - : ~, DATE: April 24, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. The homeowner would like to vacate the alley because her house sits very close to the alley and has sustained damaged by the vehicles accessing and using this alley. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than May 2, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: 7 /;Sr /S `~ ~/~etv2¢ z~ 7~ a/lay rs? ~~G~ ass . `tQ S cz cP ~° cc.~'r`Qcu*~.-r 7~ -L ~et~rnsrr~c+~ ~`~a~ ~ ~tf~ 'Q Ct S i ~PsI rc 4 L w 9iS szo ~~~~ BY:~ Q zoz c~ ~~/q DATE: .J i~ 0?~9 0~ ~f~s- ~He~v ~ ~ ~ir-~ _ or 28 03 10:00a SBPD TRRFFIC [219)235-9308 p.l ENTER-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 415 Lincolnway West DATE: April 24, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. The homeowner would like to vacate the alley because her house sits very close to the alley and has sustained damaged by the vehicles accessing and using this alley. I would appreciate receiving your comments and recommendation concerning this vacation no later than May 2, 2003. Thank you for your cooperation. COM ENTS & RECOMMENDATIONS: d ~ ~ r ~ ~~ ~ f~S~ e • 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 May 2, 2003 The Board of Public Works 13`h Floor, County-City Building South Bend, Indiana 46601 RE: Generally described as the alley located beriveen lots 11 and 12 of Henricks and Grants Addition on the block bounded by Taylor Street, Madison Street, William Street and Lincolnway West. 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 if this alley is vacated that it be done so subject to the creation utility easements orcross-access easements that may be necessary. Sincerely, ~'CU~I/~ Andrew M. Videkovich Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana -- 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 415 Lincolnway West DATE: April 24, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. The homeowner would like to vacate the alley because her house sits very close to the alley and has sustained damaged by the vehicles accessing and using this alley. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than May 2, 2003. Thank you for your cooperation. COMMENTS ~ RECOMMENDATIONS: BY: DATE:_ ~- ~- ~/- - v " t~~ v G~G~~-~'7 ~ ~p~ f~ ~~~~~`~`~~ ~~ .~ ~~~` ~~~~ ~1~-~ ~~ G ~~ ~C.~. ~~ ~~ ~~~~ .~-Z~~J ~; ~`rn ~----~r~.l ~...-- ;~,-~~.Z y~r ~~ .~ CL`~L~~ 5~~3 ~~ ~ 5 G~' r _ ~ :, INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: ~~iCar Littrell, Engineering Department ~,J4hn Byorni, Area Plan Commission 1,.L-arry Magliozzi, Community & Economic Development {mob Mathia, Community & Economic Development ~leward Buchanon, Fire Department Jack Dillon, Solid Waste Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: ANey Vacation 415 Lincolnway West DATE: April 24, 2003 ;L~~t~1 ii ~ 1~~~~j. Attached is a portion of the Plat Book (highlighted area) for a request for an a{ley vacation. The homeowner would like to vacate the alley because her house sits very close to the alley and has sustained damaged by the vehicles accessing and using this alley. I would appreciate receiving your comments and recommendation concerning this vacation no later than May 2, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: BY: ,~t7 ~ DATE: ~~ Z~~ ~ l