HomeMy WebLinkAboutVacation - Alley - First N/S alley N of SR23 from e line of Burns to W right-of-way of the first n/s alley E of BurnsORDINANCE No.
9324-02
Passed by the Compton Council of the Ciry of South Bend, Indiana
Attest:
Attest:
Presented by me to the Mayor of the City of Soutlt Bend, Indiana
MaT1.~ 20 ~2
Ciry Clerk
President of Common Council
City Clerk
rtay 14 ,
Approved and signed by me 20 02
Mayor
May 13, 20 02
ORDINANCE NO
(3 2y-~ 2,
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST EAST-WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT-
OF-WAY LINE OF N. BURNS STREET TO THE WEST RIGHT-OF-WAY LINE OF
THE FIRST NORTH-SOUTH ALLEY EAST OF N. BURNS STREET FOR A
DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY
10 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY
OF SOUTH BEND, 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 FIRST EAST-WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST
RIGHT-OF-WAY LINE OF N. BURNS STREET TO THE WEST RIGHT-OF-WAY
LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF N. BURNS STREET FOR A
DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY
10 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY
OF SOUTH BEND, 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:
93,94,95,96
SECTION IV. The purpose of the vacation of the real
property is to stop cars from speeding down the alley and foster
a safer environment for neighborhood residents.
SECTION V. This ordinance shall be passed by the Common
Council and be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
~ ~ti
Member of the Common Co ncil
1st READING ~ 1~J~ J \
PUBLIC HEARING S-~3'4~- a-S sv.1~s~-~~~~
3rd READING 5 _l~,~t QS SkpS~i;~~~
NOT APPROVED
REFERRED ` ~ ~~~
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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
54-95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST EAST-WEST ALLEY NORTH OF STATE ROAD 23 FROM THE
EAST RIGHT-OF-WAY LINE OF N. BURNS STREET TO THE WEST
RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF
N. BURNS STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET
AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN
HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND,
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 as
substituted.
Karl King
Chairman
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE: ~~ l ~~ ~?'
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION TO VACATE:
A. THE ALLEY DESCRIBED AS: The first east-west alley north of State Road 23 from the east
right-of--way line of N. Burns Street to the west right-of--way line of the first north-south alley
east of N. Burns Street for a distance of approximately 118 feet and a width of approximately 10
feet. Part situated in Hartman and Miller's Plat in the City of South Bend, Indiana.
NAME (signed nd printed) ADDRESS LOT #
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CONTACT PERSON (S)
NAME: Angela M. Furore
ADDRESS: 1200 County-City Bld~_
South Bend, IN 46601
PHONE: 235-5885
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LEGAL DESCRIPTION
The alley to be vacated is described as the first East/West alley North of State Road 23
from the East right-of-way line of North Burns Street to the West right-of-way line of the
first North/South alley East of North Burns Street Fora distance of approximately 118 feet
and a width of approximately 10 feet. Part situated in Hartman and Millers Plat in the City
of South Bend, Indiana. .. .. _.-. ,--._-
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Lot Tax ID rJwner Mailing Address City, State Zip
82 18.5099.3488 Church of God in Christ 710 E. Napoleon South Bend, IN 46617
83 18.5099.3492 Veronica Woodard 1055 Burns South Bend, IN 46617
84 18.5099.3496 William & Lucy Ann Marshall 1051 Burns South Bend, IN 46617
85 18.5099.3499 Community Development 1200 County City Bldg. South Bend, IN 46601
86 18.5099.3502 Kenneth & Cynthia Petty 129 Napoleon South Bend, IN 46617
87 18.5099.3504 Community Development 1200 County City Bldg South Bend, IN 46601
88 18.5099.3506 James Sharpe 53170 County Murray Dr Granger, IN 46530
89 18.5099.3509 James & Theresa Sharpe 15386 Hunting Ridge Tr Granger, IN 46530
92 18.5099.3524 James Sharpe 15386 Hunting Ridge Tr Granger, IN 46530
93 18.5099.3510 Charles & Louise Green 1152 Echo Drive South Bend, IN 46614
93 18.5099.3510. Ronald& Patricia Lunte 1022 N. Burns South Bend, IN 46617
94 18.5099.3511 Viking Fund 611 Michigan Ave LaPorte, IN 46350
95 18.5099.3512 Lincoln Trust PO Box 4205 South Bend, IN 46634
96 18.5099.3500 Wayne Curry 1050 Burns South Bend, IN 46617
97 18.5099.3497 St. Joseph County Affiliate Habitat 108 N. Main South Bend, IN 46601
98 18.5099.3493 Samuel & Betty Kariuki 1056 Burns South Bend, IN 46617
99 18.5099.3489 Huey Hudson 1060 Burns South Bend, IN 46617
118 18.5099.3490 Dell Owens 1115 Fremont South Bend, IN 46628
119 18.5099.3494 Dell Owens 1115 Fremont South Bend, IN 46628
120 18.5099.3513 Michael Olvin PO Box 6481 South Bend, IN 46601
121 18.5099.3515 Dell Owens 1115 Fremont South Bend, IN 46628
122 18.5099.3516 Dell Owens 1115 Fremont South Bend, IN 46628
18.5099.3514 Michael Olvin PO Box 6481 South Bend, IN 46601
5 18.5095.3335 Kenneth & Carol Ecker 50877 US 31 North South Bend, IN 46637
6 18.5095.3336 David Urbach 1230 Black Oak Dr South Bend, IN 46617
7 18.5095.3337 Housing Authority 501 S. Scott South Bend, IN 46613
14 18.5095.3344 Doris Garner 1228 South Bend Ave South Bend, IN 46617
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APF? Z t, ZOOZ
1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD 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:
PxoNE219/235-9251
Fnx 219/235-9171
TDD 219/235-5567
In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being
submitted to the Common Council concerning the following alley/street vacations:
The first east/west alley north of State Road 23 from the east right of way line of North Burns
Street to the west right of way line of the first north/south alley east of North Burns Street
for a distance of approximately 118 feet and a width of approximately 10 feet. Part situated
in Hartman and Miller's Plat in the City of South Bend, Indiana.
The Board of Public Works submits to you a favorable recommendation concerning these
vacations, subject to any utility easements that may be necessary.
Sincerely,
ngela acob, Cle
Board of Public Works
c: Rosemary Mandrici, Assessor's Office
Melinda Stopczynski, Auditor's Office
Rpr 10 02 01:19p SHPD TRRFFIC [2191235-9308 p.2
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
- Chief Howard Buchanon, Fire Department
- Jack Dillon, Solid Waste
(,,J.ee-iVlarkovich, Police Department
-Tom Bodnar, City(A~tto~rn/ey's Office
FROM: Angie Jacob, ClerkV 0
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 State Road 23 from the east right of way line of North
Burns Street to the west right of way line of the first northJsouth alley east of North Bums
Street for a distance of approximately 118 feet and a width of approximately 10 feet. Part
situated in Hartman and Miller's Plat in the City of Souih Bend, Indiana.
I would appreciate receiving yourcomments and recommendation concerning this vacation
no later than April 17, 2002. Thank you for your cooperation.
BY: ~ • 1 `~ `-T_~°''~' DATE: T ~ ` y `~ d Z (ffk~
r _ ,
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
- Chief Howard Buchanon, Fire Department
~€tCR Dillon, Solid Waste
-Joe Markovich, Police Department
-Tom Bodnar, City(A~tto~rney's Office
FROM: Angie Jacob, ClerkV D
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 State Road 23 from the east right of way line of North
Burns Street to the west right of way line of the first north/south alley east of North Burns
Street for a distance of approximately 118 feet and a width of approximately 10 feet. Part
situated in Hartman and Miller's Plat in the City of South Bend, Indiana.
I would appreciate receiving yourcomments and recommendation concerning this vacation
no later than April 17, 2002. Thank you for your cooperation.
COMMENTS & RECrrO~~MMENDATIONS:
~Kc
BY:
04/16/2002 15:24 2192359305
SOUTH BEND FIRE DEPT
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: -Tony Molnar, Engineering Department
- Carl Littrell, Engineering Department
-John Byomi, Area Plan Commission
Lar Magliozzi, Department of Economic Development
f Howard Buchanon, Fire Department
- Jack Dillon, Solid Waste
-Joe Markovich, Police Department
-Tom Bodnar, City(Att~omey's Office
FROM: Angie Jacob, Clerk V 0
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 State Road 23 from the east right of way line of North
Burns Street to the west right of way line of the first northlsouth alley east of North Bums
Street for a distance of approximately 118 feet and a width of approximately 10 feet. Part
situated in Hartman and Miller's Plat in the City of South Bend, Indiana.
1 would appreciate receiving yourcomments and recommendation concerning this vacation
no later than April 17, 2002. Thank you for your cooperation.
COMMENTS 8. RECOMMENDATIONS:
._
BY:
TE; p
PAGE 03
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: - ony Molnar, Engineering Department
Ca~J.Littrell, Engineering Department
ohn Byorni, Area Plan Commission
Magliozzi, Department of Economic Development
- ief Howard Buchanon, Fire Department
hack Dillon, Solid Waste
~fJoe Markovich, Police Department
- Tom Bodnar, City(A~tto~rney's Office
FROM: Angie Jacob, ClerkV 0
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 State Road 23 from the east right of way line of North
Burns Street to the west right of way line of the first north/south alley east of North Burns
Street for a distance of approximately 118 feet and a width of approximately 10 feet. Part
situated in Hartman and Miller's Plat in the City of South Bend, Indiana.
I would appreciate receiving yourcomments and recommendation concerning this vacation
no later than April 17, 2002. Thank you for your cooperation.
COMMENTS 8~ RECOMMENDATIONS:
BY: DATE:
~ ~~
~~ ~
. Area Plan Commission of St. Joseph County .
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante John W. Byomi
Executive Director Assistant Director
Phone 574 235-9571 Fax 574 235-9813
April 16, 2002
The Board of Public Works
13`~ Floor, County-City Building
South Bend, Indiana 46601
}ZE: The first east/west alley north of State Road 23 from the east right-of--way line of North Burns
Street to the west right-of--way line of the first north south alley east of North Bums Street for a distance of
approximately 118 feet and a width of approximately 10 feet. Part situated in Hartman and Miller's Plat in
the City of South Bend, Indiana.
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 make access to the lands of the aggrieved person
by means of public way difficult or inconvenient.
(3) The vacation would nor 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 denial of this alley vacation. Allowing this alley to be vacated will make access to
lot 94 (having tax-key # 18-5099-3511) difficult. When developed, this residentially zoned lot should take
access from the proposed vacated alley rather than directly off South Bend Avenue. By allowing access
from the rear of lots along high traffic roads, the aesthetics, functionality and safety of such residential
areas can be achieved and maintained. However, if the alley is vacated it should be done so subject to
creating any needed utility easements and a cross access easement for all adjacent pazcels.
The Staff would also like to point out that the 1995 letter from the Board of Public Works to the Common
Council appeazs to incorrectly indicate the Area Plan Commission recommended approval of the vacation.
The original letter from the Area Plan Commission on this vacation recommends denial. The staff defers to
the original letter for its reasoning in that recommendation.
Also, the supplied list of surrounding property owners is inaccurate. The lot numbers and tax-key numbers
for several parcels aze mixed up, and the owners of the aforementioned lot 94 do not appeaz on the list
despite being immediately adjacent to the proposed vacation.
Sincerely,
~~~' ~d ~ ~0 ~'j~
Jeffrey O. Myers /~/
Planner
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana