HomeMy WebLinkAboutVacate - First Eat/West Alley South of Indiana Avenue from St Joseph Street EastORDINANCE No. 10231-13
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
May 29, 2013
JOHN VOORDE
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by me
May 30,
IL,izz-
JOHN VOORDE
31 At4 y
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20
City Clerk
President of Common Council
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City Clerk
Mayor
ORDINANCE NO. 1, U 23 tJ (_3
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST EAST/WEST ALLEY SOUTH OF INDIANA AVENUE FROM
ST. JOSEPH STREET EAST APPROX. 200 FEET TO THE NORTH/SOUTH
ALLEY, AND A WIDTH OF 14 FEET.
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 first east/west alley South of Indiana Avenue from St. Joseph Street east approx. 200
feet to the North/South alley and a width of 14 feet being a part of Bowman Place Addition, 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 III. The following property may be injuriously or beneficially affected by
such vacating:
Lots 1234, 1229, 1228, 1227, 1244, 1245, 1246, 1247, 1248.
SECTION VI. The purpose of the vacation of the real property is to consolidate the
property to build a new church.
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 —�-
I,
Presented by me to the Mayor of the City of South Bend, Indiana on the
04^ day of ,200 , at S'O— o'clock �_. m.
Approved and signed by me on the 3
o'clock P . m.
1 READING
o -C
PUBLIC HEARINGS 3
3,d READING
NOT APPROVED
REFERRED
PASSED
City lerk,
day of MAI ,2u 13, at
Mayor, City CrSoueKl Indiana
Filed in Cierk's Office
MAY 1 -1
JOHN OK?
CITY CLF- , 80(ji ON% IN
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 East /West Alley South of Indiana Ave. From St. Joseph St.
East Approx. 200 feet to the North /So.uthAlley and a Width of 14 feet.
B. THE STREET DESCRIBED AS:
NAML (signed & printed) ADDRESS
LOT #
C-k3 ` c �e9r ,fir - c- �' ` r�
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CONTACT PERSON (S)
NAME: Sr-
RETURN TO: _ p
OFFICE OF THE CITY CLERK ADDRESS:
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING -'u
SOUTH
SOUTH BEND, IN 46601 oar .. s ., do
574 - 235 -9221 PHONE: S �(' 33Ly- I
CffY+CI,.Eft,, SOUTH SEND, IN
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Filed in Ciirk's Office
FMAY I - ?011
JOHN V00ROR
CITY CLERK OUP" H SEND, IN
1316 COUNTY -CITY BUILDING
227 W JEFFERSON BOULEVARD
SOUTff BEND, INDIANA 46601 -1830
Pastor Ricardo Taylor, Sr.
Mount Carmel Baptist Church
137 East Indiana Avenue
South. Bend, Indiana 46613
CITY OF SOUTH BF-ND PFTF BUTTtGLFG, MAYOR
BOARD OF PUBLIC WORKS
March 26, 2013
PHONE 574! 235 -9251
FAx 5741235 -9171
RE: Alley Vacation — The East/West Alley between Indiana Street and Dubail Street from Carroll Street to
the North/South Ailey
(Preliminary Review)
Dear Pastor Taylor:
The Board of Public Works, at its March 26, 2013, 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.
Engineering stated that you must maintain utility easements and, if necessary, pay for the cost of
relocating the utilities.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this
alley.
Please contact Tony Molnar at (574) 235 -4254 prior to picking 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.
Sincerely,
`1 -irida M. Martin, Clerk `
c: Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
Michael Mecham, Engineering
Filed in Clark's
MA' v ZU13
JOHN V t")E .1
CITY CLERK, SOUTH 1,31F-Na, iij
GARY A. GILOT DONALD E. INKS KATFIRYN E, Roos MICHAEL C. M.FCHAM MARK W. NEAI.