HomeMy WebLinkAboutVacation - Alley - Walnut from Liston to Colfax. The 2nd Alley is Walnut from Liston south to 1st n/s alleyORDINANCE No. s3=~o=
Passed by the Common Council of the City of South Bend, Indiana
Arrest:
Attest:
~~0
August 12, 2p 02
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
Au bus t 13 20 02
President of Common Council
Ciry Clerk
Approved and signed by me August 15, 2002
.~-r /~~ Mrryor
ORDINANCE NO. ~ ~ 2 ` 0 ~.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST ALLEY TO BE VACATED IS FIRST NORTH /SOUTH ALLEY WEST OF
WALNUT STREET FROM LISTON STREET TO COLFAX AVENUE FOR A DISTANCE
OF 103.25 FEET AND A WIDTH OF 16 FEET. THE SECOND ALLEY TO BE
VACATED IS THE FIRST NORTH /SOUTH ALLEY WEST OF WALNUT STREET
FROM LISTON STREET SOUTH TO THE FIRST EAST /WEST ALLEY FOR A
DISTANCE OF 123.8 FEET AND A WIDTH OF 16 FEET. BOTH BEING A PART OF
STUDEBAKER AND HINES' PLAT OF 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 first alley to be vacated is:
The first North /South alley West of Walnut Street from Liston Street to Colfax Avenue
for a distance of 103.25 feet and a width of 16 feet. Being a part of Studebaker and
Hines' plat of the City of South Bend, St. Joseph County, Indiana.
The second alley to be vacated is:
The first North /South alley West of Walnut street from Liston Street South to the first
East /West alley for a distance of 123.8 feet and a width of 16 feet. Being a part of
Studebaker and Hines' plat of the City of South Bend, St. Joseph County, Indiana.
hereby determines that it is desirable to vacate said property.
SECTION 11. 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, 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:
The first alley to be vacated:
18-1045-1933.01 E'/ Lot 21, Studebaker & Hines Plat (1317 Liston, South Bend)
18-1045-1934 Lot 20, Studebaker & Hines Plat (1313 Liston, South Bend)
The second alley to be vacated:
18-1045-1944 Ex 50 Ft S End Lot 12, Studebaker & Hines Plat (1320 Liston,
South Bend)
18-1045-1945 50 Ft S End Lot 12, Studebaker & Hines Plat (1318 Liston,
South Bend)
18-1045-1946 49.5 Ft W Side Lot 13, Studebaker & Hines Plat (1316 Liston,
South Bend)
SECTION IV. One purpose of the vacation of real property is to reduce the foot
and vehicular traffic from Washington Street to Colfax Avenue that should be using
Walnut or Studebaker Streets. Another purpose of the vacation of real property is to
allow for the replatting of the surrounding vacant land in order to continue the
construction of single family, owner occupied affordable housing similar to the housing
just to the south that has successfully been developed on the vacant lots along the
1300 and 1400 block of W. Washington.
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.
~L
Member of th Common Co cil
1 st READING ~ - L2-0
PUBLIC HEARING -12.-02
3 rd READING ~~IL_ pZ
NOT APPROVED
REFERRED
PASSED ~ - IZ - 0 Z
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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:
BILL NO.
56-02 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST ALLEY TO BE VACATED IS FIRST NORTH/SOUTH
ALLEY WEST OF WALNUT STREET FROM LISTON STREET TO
COLFAX AVENUE FOR A DISTANCE OF 103.25 FEET AND A
WIDTH OF 16 FEET. THE SECOND ALLEY TO BE VACATED IS
THE FIRST NORTH/SOUTH ALLEY WEST OF WALNUT STREET
FROM LISTON STREET SOUTH TO THE FIRST EAST/WEST
ALLEY FOR A DISTANCE OF 123.8 FEET AND A WIDTH OF 16
FEET. BOTH BEING A PART OF STUDEBAKER AND HINES' PLAT
OF 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
LIMITED POWER OF ATTORNEY
KNOW ALL PEOPLE BY THESE PRESENTS, that I, Dea Andrews, a resident of the
City of South Bend, St. Joseph County, State of Indiana, and Assistant to the Executive
Director of, and Assistant Secretary for the Board of Directors of, South Bend Heritage
Foundation, an Indiana Not-For-Profit Corporation, do hereby constitute and appoint
Charlotte B. Sobel, Director of Real Estate Development for South Bend Heritage
Foundation, Inc., to be our true and lawful attorney-in-fact with full power in our name
and stead for and on our behalf to represent South Bend Heritage Foundation, Inc.,
before any commission meeting that the City of South Bend, Indiana may have,
including its Common Council, for the purpose of obtaining approve of the vacating of
two segments of alleys intersecting with Liston St., South Bend, Indiana.
I hereby ratify all that my said attorney-in-fact shall lawfully due or cause to be done by
virtue of these presents.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 12th day of
August, 2002.
Q ~Gt-DGr_2~.~ --
ea Andrews
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for said County and State, came
Dea Andrews and acknowledged the execution of the above Limited Power of Attorney.
Witness my hand and official seal, this 12th day of August, 2002.
~°,, ,,
My Commission Expires: ~~V-~,li~~D ~G~~2~c~
Notary Public,
Residing in St. Joseph County
-,~t~ANA 8ARR106 NOTARY Pt1BLIC
A RE$IpENT Of S . JOSEPH COUNTY 1N
<,~Y ~ EXP4RbS ,tUNE B. 2006
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: 7/16/2002
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY(S) DESCRIBED AS:
The first alley to be vacated is:
The first North /South alley West of Walnut Street from Liston Street to Colfax Avenue for a
distance of 103.25 feet and a width of 16 feet. Being a part of Studebaker and Hines' plat of
the City of South Bend, St. Joseph County, Indiana.
The second alley to be vacated is:
The first North /South alley West of Walnut street from Liston Street South to the first East /
West alley for a distance of 123.8 feet and a width of 16 feet. Being a part of Studebaker and
Hines' plat of the City of South Bend, St. Joseph County, Indiana.
NAME (printed and signed) ADDRESS
~~a Y~i, a(~.~-u~- 1317 Liston
South Bend Heritage Foundation, Inc.
By: Dea Andrews, Assistant Secretary
LOT #
E'/ Lot 21, Studebaker & Hines
~~ ~_ 1316 Liston
South Bend Heritage Foundation, Inc.
By: Dea Andrews, Assistant Secretary
RETURN TO:
Office of the City Clerk
Loretta J. Duda, City Clerk
Room 455, County-City Building
South Bend, IN 46601
(574) 235-9221
49.5 Ft W Side Lot 13, Studebaker &
Hines
CONTACT PERSON:
Dea Andrews
South Bend Heritage Foundation
803 Lincoln Way West
South Bend, IN 46616
(574) 28 - ~~ -
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LEGAL DESCRIPTION:
The first alley to be vacated is first North/South alley West of Walnut Street from Liston
Street to Colfax Avenue for a distance of 103.25 feet and a width of 16 feet. Being a part
of Studebaker and Hines' Plat of the City of South Bend, St. Joseph County, Indiana.
The second alley to be vacated is the First North/South alley West of Walnut Street from
Liston Street South to the first East/West alley for a distance of 123.8 feet and a width of
16 feet. Being a part of Studebaker and Hines' plat of the City of South Bend, St. Joseph
County, Indiana.
SOUTH BEND HERITAGE
FOUNDATION
HO3 LINCOLNWAY WEST SOUTH BEND, IN 46616
PHONE (574)289-1066 Fa,x (574)289-4550
July 16, 2002
Dear Members of the Common Council:
South Bend Heritage Foundation (SBHF) has been successfully
developing the West Washington Neighborhood along the 1300 and 1400
blocks of W. Washington into a neighborhood of single family, owner
occupied affordable homes. Now SBHF wishes to expand this
development to include land it owns and future land that it will acquire on
the 1300 Block of Liston Street.
On this short street there are several substantial houses with committed
owner occupants. SBHF will incorporate in its plan the existing houses
and develop the vacant land. In order to replat the land to promote a
suitable site plan, the alleys described in this application needs to be
vacated.
In addition, the alley breaks up a short street. By vacating the two alleys
described in the petition, the foot and vehicular traffic will be channeled
appropriately on the end streets - N. Walnut and N. Studebaker. This
plan promotes an aesthetically pleasing neighborhood community as well
as a safer and quieter place for the residents and their children.
We look forward to your favorable recommendation to vacate this alley.
Sincerely,
~i~
Dea Andrews
Assistant Secretary and Assistant to the Executive Director
South Bend Heritage Foundation
803 Lincoln Way West
South Bend, IN 46616
(574) 289-1066
N re ghbor orks°
CHARTERED MEMBER
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1316 COUNTY-Corr BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LuECxE, MAYOR
BOARD OF PUBLIC WORKS
August 12, 2002
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Alley Vacations
Dear Members of the Council:
PHOxe574/235-9251
Fax 574!235-9171
TDD 574/ 235-5567
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 north/south alley west of Walnut Street from Liston Street to Colfax Avenue for a
distance of 103.25 feet and width of 16 feet.
The first north/south alley west of Walnut Street from Liston Street south to the first
east/west alley for a distance of 123.8 feet and a width of 16 feet.
Both being a part of Studebaker and Hines Plat of the City of South Bend, St. Joseph County,
Indiana.
The Division of Engineering, Area Plan Commission, Community & Economic
Development, Fire Department, Solid Waste, Police Department and the City Attorney's office
submitted favorable recommendations.
Therefore, the Board submits to you a favorable recommendation concerning this
vacation, subject to any utility easements that may be necessary.
Sincerely,
AngelaY~b, Ctl~rk
Attachments
c: Rosemary Mandrici, Assessor's Office
Melinda Stopczynski, Auditor's Office
Jul 22 02 08:05a SHPD TRAFFIC (219]235-9308
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: Carl Littrell, Engineering Department
John Byorni, Area Plan Commission
Larry Magliozzi, Department of Economic Development
Howard Buchanon, Fire Department
Jack Dillon, Solid Waste
t~ee-ldlarkovich, Police Department
Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clert~,~
RE: ~ref~{-~/a2ations
DATE: July 19, 2002
Attached for your review and recommendation is the following street vacation:
First north/south alley west of Walnut Street from Liston Street to Colfax Avenue for a
distance of 103.25 feet and a width of 16 feet.
First north/south alley west of Walnut Street from Liston Street south to the first east/west
alley for a distance of 123.8 feet and a width of 16 feet.
Both being a part of Studebaker and Hines Plat of the City of South Bend, St. Joseph
County, fndiana.
I would appreciate receiving your comments and recommendation concerning this vacation
no later than July 26, 2002. Thank you for your cooperation.
p.3
BY:~~~~f~JS~d,. DATE: ~ ~ _. ~ 2„ 1~ ?/
07/22/2002 13:44 2192359305 SOUTH BEND FIRE DEPT PAGE 02
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: C;3rl Littrell, Engineering Department
Jt~~hn Byomi, Area Plan Commission
L;:ury Magliozzi, Department of Economic Development
1-~I~~erd Buchanon, Fire Department
J~:tck Dillon, Solid Waste
J~;~e Markovich, Police Department
T:~m Bodnar, City Attorney's Office
FROM: Angie Jacob, Cler~,~
RE: ~i V cations
DATE: Ji.tly 19, 2002
Attached for your review and recommendation is the following street vacation:
First nvtl:h/south alley west of Walnut Street from Liston Street to Colfax Avenue for a
distance of 103.25 feet and a width of 16 feet.
First nort'i/south alley west of Walnut Street from Liston Street south to the first east/west
alley for .:a distance of 123.8 feet and a width of 16 feet.
Both being a part of Studebaker and Hines Plat of the City of South Bend, St. Joseph
County, Indiana.
I would al:>preciate receiving your comments and recommendation concerning this vacation
no later than JO.ily 26, 2002. Thank you for your cooperation.
COMMENTS 8~ I~ECOMMENDATIONS:
BY: ~/e_I ~.~~.r~ t~ DATE: ~ ~ aZ -~Z
JUL-25-2002 14 ~ 28 SOUTH BEND IJASTE IJATER
INTER-0FFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: Carl Littrell, Engineering Department
John Byomi, Area Plan Commission
Larry Maglio72i, Department of Economic Development
Howard Buchanon, Fire Department
Z,Jaek~Dillon, Solid Waste
Joe Markovich, Police Department
Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerl~(
RE: cations _ l1
2192778980 P.01i01
DATE: July 19, 2002
' Attached for your review and recommendation is the following street vacation:
First north/south alley west of Walnut Street from Linton Street to Colfax Avenue for a
distance of 103.25 feet and a width of 16 feet.
First north/south alley west of Walnut Street from Liston Street south to the first. eastlwest
alley for a distance of 123.8 feet and a width of 16 feet.
Both being a part of Studebaker and Hines Plat of the City of South Bend, St. Joseph
County, Indiana.
I would appreciate receiving your comments and recommendation concerning this vacation
no later than July 26, 2002. Thank you for your cooperation.
COMMENTS 8, RECOMMENDATIONS:
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BY:
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Post-i~. Fax Note 7671.
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Co,/Dept. Co.
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TOTAL P.01
• ~ 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
July 26, 2002
The Board of Public Works
13`I' Floor, County-City Building
South Bend, Indiana 46601
IZE: The first alley to be vacated is first north/south alley west of
Walnut Street from Liston Street to Colfax Avenue for a distance of
103.25 feet and a width of 16 feet. The second alley to be vacated is the
first north/south alley west of Walnut Street from Liston Street south to
the first eastJwest alley for a distance of 123.8 feet and a width of 16 feet.
Both being a part of Studebaker and Hines' Plat of 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.
The Staff recommends that if the alleys are vacated that they be done so subject to any cross-access or
utility easements that may be necessary. Also, a turning radius easement may be needed for the
remaining north/south alley between Liston Street and Washington Street onto the east/west alley.
Sincerely,
I~ f i~
U~
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
TO: Carl Littrell, Engineering Department
John Byorni, Area Plan Commission
fJ~.ahy Magliozzi, Department of Economic Development
Howard Buchanon, Fire Department
Jack Dillon, Solid Waste
Joe Markovich, Police Department
Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clert~\~
RE: C'~~i~eet-Vacations __ ~~JJ
DATE: July 19, 2002
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Attached for your review and recommendation is the following street vacation:
First north/south alley west of Walnut Street from Liston Street to Colfax Avenue for a
distance of 103.25 feet and a width of 16 feet.
First north/south alley west of Walnut Street from Liston Street south to the first east/west
alley for a distance of 123.8 feet and a width of 16 feet.
Both being a part of Studebaker and Hines Plat of the City of South Bend, St. Joseph
County, Indiana.
I would appreciate receiving yourcomments and recommendation concerning this vacation
no later than July 26, 2002. Thank you for your cooperation.
COMMENTS i~ RECOMMENDATIONS:
~ youl~ lil.<<. }y end ~y ~dPr'~ya) ~0 ~'~i~ ~,1)ey
1/~C~.I'~vns , ~ S! t.~, i'~ ~ ~~aw f6r +~G Con }-'~ nVt' !/"1~J/oU44P,,~
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BY: V v DATE:
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