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HomeMy WebLinkAboutVacation - Alley - First East/West alley South of Napoleon Street. Being part of Sorin's 2nd AdditionORDINANCE No. 9325-02 Passed by the Common Council of the City of South Bend, Indiana May 13, Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana Ma;~ 14, 20 ~2_ City Clerk President of Common Cocrncil Ciry Clerk Approved and signed by me May 14, 20 02 20 02 ~~ Mayer ORDINANCE NO. ~ 3 ~ ~ - ~ Z AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first east/west alley south of Napoleon Street from the west right of way line of Frances Street West to a point for a distance of 129.71 feet and a width of 14 feet. Being a part of Sorin' s 2nd Addition to the City of South Bend, St . Joseph County, 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 alley to be vacated is the first east/west alley south of Napoleon Street from the west right of way line of Frances Street West to a point for a distance of 129.71 feet and a width of 14 feet. Being a part of Sorin' s 2nd Addition to 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: 18-5105 3666, 18-5105 3667, 18-5105 3668 Section IV. The purpose of the vacation of the real property is to eliminate through traffic for the safety of the homeowner's children and the security of the property. 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. ~ ~~- ~ Member of the Common Council ~_ u-o2~ 1st READING PUBLIC HEARING s ~ L 3"0 ~- 3 rd READING S- ~ 3- ~ Z. NOT APPROVED REFERRED PASSED ~j -~ 3 -OL ~p~ 1 ~ 2002 CITY CLERk~~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 27-02 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EASTM/EST ALLEY SOUTH OF NAPOLEON STREET FROM THE WEST RIGHT OF WAY LINE OF FRANCES STREET WEST TO A POINT FOR A DISTANCE OF 129.71 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S 2ND ADDITION TO 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 DATE April 16, 2002 OF THE CITY OF SOUTH BEND, INDIANA 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 Napoleon Street from the west right of way line of Frances Street West to a point for a distance of 129.71 feet and a width of 14 feet. Being a part of Sorin' s 2nd Addition to the City of South Bend, St . Joseph County, Indiana. NAME (signed & printed) D nis B. and Jessica L yne ...L2/1L(~tt'i'O /~ ~~~ s ADDRESS LOT # 1119 No. Frances St. 18-5105 3667 RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 APP 1 f 2002 Lf~#~E7TA J. pl1~A CITY CLERK, 3D. QEfdl7, ltJ. CONTACT PERSON (S) NAME:Dennis and Jessica Payne ADDRESS: 1119 No. Frances St. South Bend, IN 46617 PHONE: (574) 232-0177 i i I I I PE -J634 ~ S3 . -363 S T. I- I -~ ~ -~ SS L~ Q .~o.~, , _,a,o --~--- ~ -~~ J641 - - ~r -364J _„4= w ~ -3644 -~ Q ST. VINCENT ~ _ ~_ ~ ---- Q -- ~`~ q 41 ' A -767E `", ~ o ~ I Q -aas ~ uxn \ ~~ ~ 9 R1S0.0 _~' R1S0.0 ~ H~S1O B-J68E -3Q7D - --I--- .A R130 0 R1S0 0 44 -367Y I - T . _~ . I ---r- I _xaa I I -x~o u -a°n I I _xa~ w S T . U ~ L_ z I --- S V ~ Q i --- S 6~~~ I---- ~ 1 --- __ .. ALLEY VACATION The alley to be vacated is the first east/west alley south of Napoleon Street from the west right of way line of Francis Street west to a point fora distance of 129.71 feet and a width of 14 feet. Being apart of Sorin's 2nd Addition to the City of South Bend, St. Joseph County, Indi , . r ,,, ~~1e~ i~ C6~~ -~ ~ ®f~s~e APR 1 ~ 2002 NAPOLEON April 16, 2002 To The Common Council Of the City of South Bend, Indiana, My name is Dennis Payne, and I reside with my wife and three sons at 1119 No. Frances Street . I am writing to you to request you rule favorably on our petition to vacate the half of the alley that runs along the south side of our property. We moved to our present home in late 1994. In the seven and a half years we've lived here our cars have been vandalized on numerous occasions. We only have a single stall garage and have been forced to park our other vehicle on the street in front of our house. This past year alone our cars have had two windows smashed, ransacked, and on another occasion the battery was stolen, which was discovered as my wife was leaving to take our children to school. The alley also leaves the back of our house very exposed. Only last month, my wife walked out the back door one evening to find someone standing on the air-conditioning unit looking into our house. As soon as they saw her they ran down the alley and were gone. On numerous occasions our children have had to jump out of the way of speeding cars barreling down the alley. Vacating this alley will allow us to more adequately secure our home and provide for the safety of our children. In addition it may make it possible for us to build a larger garage, thus enabling us to keep our vehicles off the street. Off street parking is one of the items the Northeast Neighborhood Association has tried to encourage in this area, both for security reasons and to improve the overall appearance of the neighborhood. We hope that you will give serious consideration to our request. We love our home and it's diverse neighborhood and we wish to stay here for years to come. Sincerely, ~- ~~~ 5-~ urn Dennis B. Payne ir`fi~~ A~! V~c~,eia'~ ~~~~C~ APB 1 6 2002 LCi~xi7A J. a~Jp."~ CITY CLEi~~, 3(D. QS~3~, E"a. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE~ MAYOR BOARD OF PUBLIC WORKS May 9, 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: PHONE 219/235-9251 Fax 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 vacation: The first east/west alley south of Napoleon Street from the west right of way line of Frances street west to a point for a distance of 129.71 feet and a width of 14 feet. Being a part of Sorin's 2"d Addition to the City of South Bend, St. Joseph County, Indiana. The Division of Engineering and the Area Plan Commission noted that vacating this alley would be against the City Council policy of not creating dead-end alleys. Also, the vacation of this alley would take away access to what appears to be a well-used alley. If this alley is vacated, Area Plan recommends that it be done so subject to any cross-access or utility easements that may be necessary. The Board of Public Works submits to you a favorable recommendation concerning these vacations, subject to any utility easements that may be necessary. Sincerely, Angela K:~lacob, Clerk) Board of Public Works c: Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor's Office INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: -TQny 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 -Joe Markovich, Police Department -Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerl~Y~ RE: AI1ey Vacation 00 DATE: April 18, 2002 Attached for your review and recommendation is the following alley vacation: The first east/west alley south of Napoleon Street from the west right of way line of Frances street west to a ;point for a distance of 129.71 feet and a width of 14 feet. Being a part of Sorin's 2nd Addition to the City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning this vacation no later than April 25, 2002. Thank you for your cooperation. ~~G COMMENTS 8~ RECOMMENDATIONS: INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: -Tony Molnar, Engineering Department - Carl Littrell, Engineering Department - John Byorni, Area Plan Commission /Carry Magliozzi, Department of Economic Development - Chief Howard Buchanon, Fire Department - Jack Dillon, Solid Waste -Joe Markovich, Police Department -Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clert~~y~ RE: Alley Vacation QQ DATE: April 18, 2002 DC(~~ ~ a PR ~ ~ zooz i Attached for your review and recommendation is the following alley vacation: The first east/west alley south of Napoleon Street from the west right of way line of Frances street west to a ;point for a distance of 129.71 feet and a width of 14 feet. Being a part of Sorin's 2nd Addition to the City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning this vacation no later than April 25, 2002. Thank you for your cooperation. COMMENTS & RECOMMEN~~DJJA~~TIONS: BY: DATE: Ur Y Z ~~ OZ 3 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: -Tony Molnar, Engineering Department - Carl Littrell, Engineering Department - John Byorni, Area Plan Commission - Larry Maglioui, Department of Economic Development - Chief Howard Buchanon, Fire Department Jack Dillon, Solid Waste -Joe Markovich, Police Department - Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Cler~ RE: Alley Vacation DATE: April 18, 2002 Attached for your review and recommendation is the following alley vacation: The first east/west alley south of Napoleon Street from the west right of way line of Frances street west to a ;point for a distance of 129.71 feet and a width of 14 feet. Being a part of Sorin's 2"d Addition to the City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning this vacation no later than April 25, 2002. Thank you for your cooperation. COMMENTS ~ RECOMMENDATIONS: BY: Area Plan Commission of St. Joseph County . 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. i3yorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 Apri124, 2002 The Board of Public Works 13~' Floor, County-City Building South Bend, Indiana 46601 RE: The alley to be vacated is the first easdwest alley south of Napoleon Street from the west ri t o way line of Frances Street west for a distance of 129.71 feet and a width of 14 feet. Being a part of Sorin's 2°d Addition to 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 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. Vacating this alley would be against the City Council policy of not creating dead-end alleys. Also, the vacation of this alley would take away access to what appears to be a well used alley. For these reasons, the Staff recommends denial of the vacation. If however the alley is vacated, the Staff recommends that it be done so subject to any cross-access or utility easements that may be necessary. Sincerely, ~,~ Je frey O. Myers Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 04/25/2002 17:34 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 ~arry Maglioui, Department of Economic Development Chief Howard Buchanon, Fire Department -Jack Dillon, Solid Waste -Joe Markovich, Police Department -Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Cler~ RE: AUey Vacation DATE: April 18, 2002 Attached for your review and recommendation is the following alley vacation: PAGE 01 The first east/west alley south of Napoleon Street from the west right of way line of Frances street west to a ;point for a distance of 129.71 feet and a width of 14 feet. Being a part of Sorin's 2"a Addition to the City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning this vacation no later than Aprll 25, 2002. Thank you for your cooperation. COMMENTS 8 RECOMMENDATIONS: 13Y: ~~. ~ _ ,~ ~ DATE: '~f -~-~-'U Z- 04125/2002 17:34 2192359305 701 W. Suur~ S~rur~r Sotrr~+ Bain. INnu~ru 46601-2891 PAGE 02 PHONS 574/ 235.9255 Fesc 574/ 235-9305 TDD 574/235.5567 CRY OF SOVPH BEND STEPHEN j. LUECI~, MAYOR SOUTH BEND FIRE DEPARTMENT Lvr~x j. TAYLOx ~. F>1:E CHEF ~ ~1/a ~-~ ~~~-~~,~ April 25, 2002 ~ ~~; ~ ~ The way that 1119 Frances sits back from the street fire apparatus can get good access to their dwelling by going down alley. Closing alley will delay response time to their dwellings. Resident that lives at 1122 Notre Dame Ave. has the same factor except that 1122 Notre Dame Ave. will not have another egress to their property. With both property owners understanding this factor with the vacation of this portion of the alley closed anal they both agree, I will have no objections. ~}~~ . Assist hief Howard Buchanon South Bend Fire Department SOUTH BEND ~E DEPT RDbett X. Quina lII .BERT R. PRA~PIIT RiGFiARD D. Sav1'reisla RANtAYMAGflu11II~LSlQ AiST. CHlFF OPBRATIO$S Assn. CHUEF PrRE PREVFKIZON AsstST CHteF SrRV1CF5 ASST. CtilEF EMS _ or 22 02 07:24a SBPD TRRFFIC [2191235-9308 ,. 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 ack Dillon, Solid Waste ~oe Markovich, Police Department -Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clem RE: Alley Vacation DATE: April 18, 2002 Attached for your review and recommendation is the following alley vacation: The first east/west alley south of Napoleon Street from the west right of way line of Frances street west to a ;point for a distance of 129.71 feet and a width of 14 feet. Being a part of Sorin's 2"d Addition to the City of South Bend, St. Joseph County, Indiana. 1 would appreciate receiving your comments and recommendation concerning this vacation no later than April 25, 2002. Thank you for your cooperation. BY: .7E: d -Z2-©Z p.l