HomeMy WebLinkAboutAlley to be Vacated First East/West Alley South of Donmoyer AvenueORDINANCE No. +o
Passed by the Common Council of the City of South Bend, Indiana
Attest
Attest.
June 24,
2013
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by me
June 25,
13
20
City Clerk
- esident of Common Council
JOHN VOORDE
7 vNi 25-
20 13
City Clerk
Mayor
ORDINANCE NO. t 02 -3,(- G
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY
SOUTH OF DONMOYER AVENUE FROM THE WEST LOT LINE OF
LOT 4, FOREST HILL ADDITION AND EAST LOT LINE OF SAID LOT 4
FOR A DISTANCE OF 40 FEET AND A WIDTH OF 16 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 alley to be vacated is the first East/West Alley South of Donmoyer
Avenue from the West lot line of Lot 4, Forest Hill Addition (on
unrecorded subdivision) and East lot line of said Lot 4 for a distance of 40
feet and a width of 16 feet, 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 6275, 6274, 6272.01 and 5158
Section IV. The purpose of the vacation of the real property is to provide the
opportunity to include the real property inside the recently purchased lot used for
children's recreation. The adjoining property has a preexisting fence that most naturally
extends through the real property, which is land locked and currently not used. The
extension of the fence line in this way squares out property lines in the most natural and
logical way.
SECTION V. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayqj-.�
Attest:
City Clerk
P esented by me to the Mayor of the City of South Bend, Indiana on the
day of :S t,,;Y-t_ , 2 ,.)k-3 , at l l `L3� o'clock q . M.
City Cl 6k
Approved and signed by me on the t S day of 7 ON f 2 6 j at
30 o'clock P . m. '
1 st READING 6--�G - t 3
PUBLIC. HEARING
3rd READING (o__Zy—( 3
NOT APPROVED
REFERRED
PASSED Z�
Mayor, City o nd, Indiana
File in, C rkl -a Uffice
MAY 30 Z013
.JOHN V0
CITY CLOFIX SQUTV BOND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:.
Your Committee of the Whole, to whom was referred:
BILL NO.
27 -13 A BILL TO VACATE THE FOLLOWING PROPERTY: THE
ALLEY TO BE VACATED IS THE FIRST EAST/WEST
ALLEY SOUTH OF DONMOYER AVENUE FROM THE
WEST LOT LINE OF LOT 4, FOREST HILL ADDITION AND
EAST LOT LINE OF SAID LOT 4 FOR A DISTANCE OF 40
FEET AND A WIDTH OF 16 FEET
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
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Legal Description: ` °sE�,
The alley to be vacated is the first East /West alley South
of Donmoyer Avenue from the West lot line of Lot 4, Forest Hill
Addition (an unrecorded subdivision) and the East lot line of
said Lot 4 for a distance of 40 feet and a width of 16 feet,
City of South Bend, Portage Township, St. Joseph County, Indiana.
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETS /ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: May 30, 2013_
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The alley to be vacated is the first East /West alley South of
Donmoyer Avenue from the West lot line of Lot 4, Forest Hill
Addition (on unrecorded subdivision) and East lot line of said Lot 4
for a distance of 40 feet and a width of 16 feet, City of South Bend,
Portage Township, St Joseph County, Indiana
B. THE STREET DESCRIBED AS:
NAME (signed & printed)
Jeffrey L Gritton
Living Stones Church
ADDRESS
718 Donmoyer Ave
South Bend IN 46614
LOT #
018 - 7145 -5158
Fy C --- �
------------------ ---------------------------------------- - - - - -- ;. -��'
a MAY 302013
CONTACT PERSON (S) 'G Aq N�
NAME: Jeffrey L Gritton
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS: 718 Donmoyer Ave
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING South Bend IN 46614
SOUTH BEND, IN 46601
574 - 235 -9221 PHONE: 574 - 904 -9824
LIVING. STONES CHURCH
inviting to, teaching and demonstrating the ways of Jesus
May 30, 2013
South Bend Common Council
South Bend IN
To Whom It May Concern:
I am representing the Living Stones Church at 718 DonmoyerAve, South Bend IN. My
position is Pastor of Ministries and Elder at the Living Stones Church.
I am requesting to vacate the alley located at the first East /West alley South of
Donmoyer Avenue from the West lot line of Lot 4, Forest Hill Addition (on
unrecorded subdivision) and East lot line of said Lot 4 for a distance of 40 feet
and a width of 16 feet, City of South Bend, Portage Township, St Joseph County,
Indiana.
The purpose for the vacation is to provide opportunity to include the alley
inside the recently purchased lot we will use for children's recreation. Our
adjoining property has a fence that we want to extend onto the new property,
The fence line will most naturally extend through the alley, which is landlocked
and currently not used. The extension of the fence line in this way squares out
property lines in the most natural and logical way.
Respectfully Submitted,
Jeffrey L%itton
Pastor of Nfinistries
Living Stones Church
574 - 904 -9824
Filed in w
MAY 3 0 2013
718 East Donmoyer Avenue • South Bend, IN 46614.574- 291 -6852 • fax 574 - 291 -6972
www.living-stones-church.org
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
Mr. Jeffrey Griffon
Living Stones Church
718 Donmoyer Avenue
South Bend, Indiana 46614
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD of PUBLIC WORKS
May 14, 2013
PHONE 574/235 -9251
FAx 574/235 -9171
RE: Alley Vacation -- The Portion of the East/West Alley between Farneman Street and
Donmoyer Avenue going East from Fellows from the Western Edge of the Property Line
of Lot #4 to the Dead End of the Alley
(Preliminary Review)
Dear Mr. Griffon:
The Board of Public Works, at its May 14, 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.
St. Joseph County stated that several abutting property owners are currently encroaching
into the public right of way along this alley.
Therefore, the Board of Public Works submitted a favorable recommendation for the
vacation of this alley.
GARY A. GI LOT DoNALD E. INKS KATHRYN E. Roos MICHAEL C. MECiiAM MA x W. NNEAL
Please contact Tony Molnar at (574) 235 -9254 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,
Linda M. Martin, Clerk
C, Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
Michael Mecham, Engineering