HomeMy WebLinkAboutVacation - Alley - Bartlett Street, East of Lafayette Blvd, Being a part of Vinson's SubdivisionORDINANCE No.
9321-02
Passed by the Common Council of the City of South Bend, Indiana
April 22,
Attest:
Attest:
20 02
Presented by me to the Mayor of the City of Soutlz Bend, Indiana
J~pril 23 20 ~2
Ciry Clerk
President of Common Cortncil
Ciry Clerk
Approved and signed by me April 23, 20 02
Mayrn
ORDINANCE NO. ~ ~ ~ ~ -' O
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The first East/West alley North of Bartlett Street
from the East Right-of--way line of Lafayette
Boulevard East to the East Right-of--way line of the
first North/South alley East of Lafayette Boulevard
for a distance of 179 feet and a width of 13 feet.
Being a part of Vinson's Subdivision in the City of
South Bend, St. Joseph County, Indiana.
a.-
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 way 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 North of Bartlett Street
from the East Right-of--way line of Lafayette
Boulevard East to the East Right-of--way line of the
first North/South alley East of Lafayette Boulevard
for a distance of 179 feet and a width of 13 feet.
Being a part of Vinson's Subdivision 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 individual utilities.
SECTION III. The following property may be injuriously or beneficially
affected by such vacating:
SB[MANI 120804v1
Key Number: 18 1010 0366
Key Number: 18 1010 0365
SECTION IV. The purpose of the vacation of the real property is to
facilitate the equipping of a handicap entrance in connection with the renovation of Madison
School.
SECTION V. This ordinance shall be in full force and effect from and after
its passage by the Common Council, approval by the Mayor and legal publication.
ember of the Common Co ncil
1 st READING ~_g-OZ
PU6LIC HEARING y-LL-OZ
3rd READING ~_ z Z_o Z
NOT APPROVED
REFERRED
PASSED ~-ZZ-d7--
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
Rn i Nn
24-02 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST EAST/WEST ALLEY NORTH OF BARTLETT STREET FROM THE
EAST RIGHT-OF-WAY LINE OF LAFAYETTE BOULEVARD EAST TO
THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH/SOUTH
ALLEY EAST OF LAFAYETTE BOULEVARD FOR A DISTANCE OF 179
FEET AND A WIDTH OF 13 FEET. BEING A PART OF VINSON'S
SUBDIVISION IN 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
OF THE CITY OF SOUTH BEND, INDIANA
DATE: Apri13, 2002
I THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE:
THE ALLEY DESCRIBED AS:
The first East/West alley North of Bartlett Street
from the East Right-of--way line of Lafayette
Boulevard East to the East Right-of--way line of the
first North/South alley East of Lafayette Boulevard
for a distance of 179 feet and a width of 13 feet.
Being a part of Vinson's Subdivision in the City of
South Bend, St. Joseph County, Indiana.
NAME (signed & printed)
South Bend Community School
Corporation
By: ~~~- ~ A ~" `-
Anne E. Bruneel, Attorney for Petitioner
ADDRESS
635 S. Main Street
South Bend, IN 46601
CONTACT PERSON:
LOT#/KEY#
18 1010 0366
Anne E. Bruneel
Baker & Daniels
205 W. Jefferson Blvd., Suite 250
South Bend, IN 46601
(219) 239-1918
RETURN TO:
OFFICE OF THE CITY CLERK
LORETTA J. DUDA, CITY CLERK
ROOM 455 COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
219-235-9221
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LEGAL DESCRIPTIO
The alley to be vacated is the first East/West alley North of Bartlett Street from
the East Right- of-way line of Lafayette Boulevard East to The East Right-of-way
line of th e first North/South alley East of Lafayette Boulevard for a distance of
179 feet and a width of 13 feet. Being a part of Vinson's Subdivision in the City
of South Bend, St. Joseph County, Indiana. ___~~„-,.
BAKER & DANIEI.S
EST. 1863
FIRST BANK BUILDING • 205 W. JEFFERSON BOULEVARD, SUITE 250 • SOUTH BEND, INDIANA 46601 • (219) 234-4149 • FAX (219) 239-1900 • www.bakerdaniels.com
ANNE E. BRUNEEL INDIANAPOLIS
DIRECT 1219) 239-1918 FORT WAYNE
e-mail: aebrunee@bakerd.com SOUTH BEND
ELKHART
WASHINGTON, D.C.
QINGDAO, P.R. CHINA
Apri13, 2002
Mr. Roland Kelly
President, South Bend Common Council
435 County-City Building
South Bend, Indiana 46601
Re: An Ordinance of the Common Council of the City of South Bend, Indiana to
vacate the following-described property: The first East/West alley North of
Bartlett Street from the East Right-of--way line of Lafayette Boulevard East to the
East Right-of--way line of the first North/South alley East of Lafayette Boulevard
for a distance of 179 feet and a width of 13 feet. Being a part of Vinson's
Subdivision in the City of South Bend, St. Joseph County, Indiana.
Dear Mr. Kelly:
Attached for filing please find the above-referenced Ordinance for first reading by
the Common Council at its April 8, 2002 meeting. This Ordinance authorizes the vacation of an
alley south of Madison School, which will facilitate the equipping of a handicap entrance in
connection with the renovation of Madison School.
Your favorable consideration is respectfully requested. Please do not hesitate to
contact me if you need additional information.
Sincerely,
BAKER & DANIELS
Anne E. Bruneel
Attorney for Petitioner
South Bend Community School Corporation
.-
SB[MAN 1120942v 1
~ ~~~~ ~ ~ ~~~7 a
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1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 219/235-9251
Fax 219/235-9171
TDD 219/235-5567
CITY OF SOUTH BEND STEPHEN ,J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT, P.E.
DIRECTOR OF PUBLIC WORKS
April 18, 2002
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 is being
submitted to the Common Council concerning an alley vacation on the following:
The first east/west alley north of Bartlett Street from the east right of way line of Lafayette
Boulevard east to the east right of way line of the first north/south alley east of Lafayette
Boulevard for a distance of 179 feet and a width of 13 feet. Being a part of Vinson's
Subdivision in the City of South Bend, St. Joseph County, Indiana.
This does create a dead end alley. It is usually a technical requirement to provide a turn-
around in such cases. In this instance the alley is one way out to the public street so no turn-around
is necessary.
Therefore, the Board submits to you a favorable recommendation concerning this
vacation, subject to any utility easements that may be necessary.
Sincerely,
Gary A. Gilot, P.E.
Director of Public W
Attachments
c: Rosemary Mandrici, Assessor's Office
Melinda Stopczynski, Auditor's Office
ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES
CARL L1TrnELL~ P.E. JOHN J. DIUON, PH.D. MATT CHLEBOWSY.I
219/235-9251 219/277-8515 219/235-9316
Fax 219/235-9171 FAx 219/277-8980 FAx 219/235-9007
P {F~ ~~ ~ l
_~ . __ .~.~.~t A
STREETS
SAM HENSLEY
219/235-9244
FAx 219/235-9272
WATER WORKS
JOHN F. STANCAT[
219/235-9322
FAx 219/235-9728
,
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
T0: -Tony Molnar, Engineering Department
- Carl Littrell, Engineering Department
- John Byorni, Area Plan Commission
- Larry Magliozzi, Department of Economic Development
- Cfji~f Howard Buchanon, Fire Department
ack Dillon, Solid Waste
- Joe Markovich, Police Traffic Department
-Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Alley Vacation
DATE: April 5, 2002
Attached for your review and recommendation is the following alley vacation:
The first east/west alley north of Bartlett Street from the east right of way line of Lafayette
Boulevard east to the east right of way line of the first north/south alley east of Lafayette
Boulevard for a distance of 179 feet and a width of 13 feet. Being a part of Vinson's
Subdivision in the City of South Bend, St. Joseph County, Indiana.
I would appreciate receiving your comments and recommendation concerning this street
vacation no later than April 17, 2002. Thanks for your cooperation.
COMMENTS 8~ RECOMMENDATIONS:
BY: ~~Ta~~.•~~-~~i~ DATE: !~"~~ -UZ
or 10 02 01:19p SBPD TRRFFIC (2191235-9308
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
T0: -Tony Molnar, Engineering Department
- Carl Littrell, Engineering Department
-John Byorni, Area Plan Commission
- Larry Magliozzi, Department of Economic Development
-Chief Howard Buchanon, Fire Department
Jac~k Dillon, Solid Waste
L<Joe Markovich, Police Traffic Department
-Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Alley Vacation
DATE: April 5, 2002
Attached for your review and recommendation is the following alley vacation:
The first east/west alley north of Bartlett Street from the east right of way line of Lafayette
Boulevard east to the east right of way line of the first north/south alley east of Lafayette
Boulevard for a distance of 179 feet and a width of 13 feet. Being a part of Vinson's
Subdivision in the City of South Bend, St. Joseph County, Indiana.
I would appreciate receiving your comments and recommendation concerning this street
vacation no later than April 17, 2002. Thanks for your cooperation.
COMMENTS & RECOMMENDATIONS:
~, ~ Q 1 c~I o ~~
p.l
BY: ~ ~ D,jL~J~~^- DATE: ~ -~ Q - 0 Z 1 `~Xe~
. 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
April 11, 2002
The Board of Public Works
13`t' Floor, County-City Building
South Bend, Indiana 46601
RE: The first east/west alley north of Bartlett Street from the east
right-of--way line of Lafayette Boulevard east to the east right-of--way
line of the first north/south alley east of Lafayette Boulevard for a
distance of 179 feet and a width of 13 feet. Being a part of Vinson's
Subdivision in the City of South Bend, St. Joseph County, Indiana.
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.
The Staff recommends that if this alley is vacated that it be done so subject to the creation of any cross
access or utility easements that may be necessary. The Staff would like to point out that it appears on
the Sidwell map as if the alley has already been vacated.
Sincerely,
~ ~~\~
Jeffrey O. Myers
Planner
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
T0: -Tony Molnar, Engineering Department
- Carl Littrell, Engineering Department
-John Byorni, Area Plan Commission
l~ry Magliozzi, Department of Economic Development
-Chief Howard Buchanon, Fire Department
- Jack Dillon, Solid Waste
-Joe Markovich, Police Traffic Department
-Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Alley Vacation
DATE: April 5, 2002
Attached for your review and recommendation is the following alley vacation:
The first east/west alley north of Bartlett Street from the east right of way line of Lafayette
Boulevard east to the east right of way line of the first north/south alley east of Lafayette
Boulevard for a distance of 179 feet and a width of 13 feet. Being a part of Vinson's
Subdivision in the City of South Bend, St. Joseph County, Indiana.
I would appreciate receiving your comments and recommendation concerning this street
vacation no later than April 17, 2002. Thanks for your cooperation.
COMMENTS 8~ RECOMMENDATIONS:
BY:
DATE: d y_,/ f . D 7
4 2192359305 SOUTH BEND FIRE DEPT PAGE 02
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: -Tony Molnar, Engineering Department
- Carl Littrell, Engineering Department
-John Byorni, Area Plan Commission
- Larry Magliozzi, Department of Economic Development
(~ lief Howard Buchanon, Fire Department
- Jack Dillon, Solid Waste
-Joe Markovich, Police Traffic Department
-Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Alley Vacation
DATE: April 5, 2002
Attached for your review and recommendation is the following alley vacation:
The first east/west alley north of Bartlett Street from the east right of way line of Lafayette
Boulevard east to the east right of way line of the first north/south alley east of Lafayette
Boulevard for a distance of 179 feet and a width of 13 feet- Being a part of Vinson's
Subdivision in the City of South Bend, St. Joseph County, Indiana.
I would appreciate receiving your comments and recommendation concerning this street
vacation no later than April 77, 2002. Thanks for your cooperation.
COMMENTS 8 RECOMMENDATIONS:
TE: 7~" p