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Home My WebLink AboutAppropriating $90,000 from the Emergency Medical Services Captial Improvement Fund (2)ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana August 26, Attest: Attest: 20 02 Presented by me to the Mayor of the City of South Bend, Indiana August 27 20 02 City Clerk President of Common Council City Clerk August 28, 02 Approved and signed by me 20 ~i Mayor Deputy Mayor/Acting Executive ORDINANCE N0. 1 ~ ~ ~ -O AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first East/West alley South of Mishawaka Avenue from 21st Street West to the first North/South alley; The first North/South alley West of 21st Street from the first East/West alley South of Mishawaka Avenue; and A part of Lot 4, Edward N. Shank's Addition. 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 South of Mishawaka Avenue from 21st Street West to the first North/South alley for a distance of 133.5 feet and a width of 12 feet. Being a part of Hammond and Whitcomb's 2nd Addition, City of South Bend, St. Joseph County, Indiana; The first North/South alley West of 21st Street from the first East/West alley South of Mishawaka Avenue for a distance of 52 feet and a width of 12 feet. Being a part of Hammond and Whitcomb's 2nd Addition, City of South Bend, St. Joseph County, Indiana; and A parcel of land being a part of Lot 4, Edward N. Shank's Addition to the City of South Bend, St. Joseph .County, Indiana and described as follows: Beginning at the intersection of the North line of the East/West alley described above and the West line of the North/South alley described above; thence South along said West line of the North/South alley, 32 feet; thence West parallel with said East/West alley, 6 feet; thence North parallel with said North/South alley, 32 feet; thence East 6 feet to the place of beginning. 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: St. Joseph County Public Library c/o Donald J. Napoli, Director 304 South Main Street South Bend, IN 46601 Tax Key Nos. 18-6022-0574 18-6022-0575 18-6027-0735 18-6027-073301 Dr. Robert L. Proudfit 2002 Mishawaka Avenue South Bend, IN 46615 Tax Key No. 18-6022-0573 SECTION IV. The purpose of the vacation of the real property is: St. Joseph County Public Library intends to expand the parking lot for the River Park Branch currently located on Lots 46, 47 and 48 by constructing an additional parking lot on Lot 45 as shown on the radius map. The vacation is requested out of concern for the safety of persons using the parking lots. If the alleys are not vacated, vehicles can use the alleys to cross through the parking lot from the streets to the east and west which exposes pedestrians traveling to and from their vehicles and the Library to danger from such traffic. The alley previously located immediately to the west of the alleys sought to be vacated was vacated by Ordinance No. 7041-82. This vacation is sought to eliminate vehicular traffic through the River Park Branch Library parking lot. 2 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. F:\MASTERS\CLIENTS\LIBRARY\VACATE2.ORD t st READING ~" L~, C~ PUBLIC HEARING ~'_~_pZ CAS ~'~`Dt~~-~t~ 3 rd READING ~ Z~, pL ~~ 5 ~-t~t.~ot~--~~-~'~ NOT APPROVED REFERRED PASSED ~j - 2~0-02- Q ~ ~ ~~ S ~~~ M tuber of the Common uncil ~Iled nl Clerk's ®ffice ~~~ a ~ ~ooz 3 LOR~TTfA J. DllDt'+ CIYY Cl&F~, ~ ~P331~~J. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 40-02 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF MISHAWAKA AVENUE FROM 21sT STREET WEST TO THE FIRST NORTH/SOUTH ALLEY; AND THE FIRST NORTH/SOUTH ALLEY WEST OF 21sT STREET FROM THE FIRST EAST/WEST ALLEY SOUTH OF MISHAWAKA AVENUE 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 by anew map and legal description, Karl King Chairman SUPPLEMENTAL PETITION TO VACATE PUBLICS RIGHT-OF-WAY (STREETS AND ALLEYS) June 7, 2 0 0 2 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY(S) DESCRIBED AS: The first East/West alley South of Mishawaka Avenue from 21st Street West to the first North/South alley for a distance of 133.5 feet and a width of 12 feet. Being a part of Hammond and Whitcomb's 2nd Addition, City of South Bend, St. Joseph County, Indiana; The first North/South alley West of 21st Street from the first East/West alley South of Mishawaka Avenue for a distance of 52 feet and a width of 12 feet. Being a part of Hammond and Whitcomb's 2nd Addition, City of South Bend, St. Joseph County, Indiana; and A parcel of land being a part of Lot 4, Edward N. Shank's Addition to the City of South Bend, St. Joseph County, Indiana and described as follows: Beginning at the intersection of the North line of the East/West alley described above and the West line of the North/South alley described above; thence South along said West line of the North/South alley, 32 feet; thence West parallel with said East/West alley, 6 feet; thence North parallel with said North/South alley, 32 feet; thence East 6 feet to the place of beginning. The alleys sought to be vacated are south of and adjacent to the River Park Library Branch located at 2022 Mishawaka Avenue, South Bend, Indiana. The lots occupied by the River Park Library Branch are Lots 1 and 2 and the north 1/2 of the vacated alley south of and adjacent to said lots and Lots 45, 46, 47 and 48 of Ed N. Shank's First Addition to the Town of River Park, now within and a part of the City of South Bend, Indiana. The radius map showing the alleys to be vacated and the lots owned by the Library and occupied by the River Park Branch is attached. CON~-T-A~CT PERSON James A. Masters ~ NEMETH, EENEY & MASTERS, P.C. 600 Cent~.iry Building 215 5ou'~h St. Joseph Street ~,._$9uth~ Bend, Indiana 46601 Telephone: 574/234-0121 Attorney for St. Joseph County Public Library OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455 COUNTY-CITY BUILDING SOUTH BEND, IN 46601 PHONE: 574/235-9221 F:\MASTERS\CLIENTS\LIBRARY\VACATE2.PET Filed to ~lerl;'~ ®fflc~ LOII~TTA J. ~p C6TY CLEFd3t~ ~ E?~L~~ i~+., 2 _ __ MISHAWAKA AVE. I lOO 11 ~10 QI ~-L-- I -- ~- 0 N I C.~ I J °O I I ~ t 0 2 ~ o I ~ 1 IQ 48 47 ~ 0 46 ' R15 I~Q'R1150' h o ' I I 133.5 VAC TED AL EY ORD~77~~ g~32' ~ , ~ Q°P~ ,~'~ .~Q R150' T---- - - ~4 _~ -. 15 -_. ~_ ~- a~17 18 52 12' 45 12' 44 R150' 43 -~----- R 42 41 ----- 40 -- 39 -- 38 37 LEGAL DESCRIPTIQ I I I 3 12 ~ 1 I - I I I-- -- -- 4 _. 5 6 ~ ---- i- N - ~8 - - -~ 9 - - 10 11 ---- ~~ The first alley to be vacated is the first East/West alley South of Mishawaka Avenue from 21st Street West to the first North/South alley for a distance of 133.5 feet and a width of 12 feet. Being a part of Hammond and Whitcomb's 2nd Addition, City of South Bend, St. Joseph County, Indiana. The second alley to be vacated is~hfirst North/South alley West of 21st Street from the first East/West alley South of Mishawaka Avenue for a distance of 52 feet and a width of 12 feet. Being a part of Hammond and Whitcomb's 2nd Addition, City of South Bend, St. Joseph County, Indiana. The vehicular access to be vacated is a parcel of land being a part of Lot 4, Edward N. Shank's Addition to the City of South Bend, St. Joseph County, Indiana and described as follows: Beginning at the intersection of the North line of the East/West alley described above and the West line of the I`Jorth/South clley described above; thence South a{ong said ~r'est line of the North/South alley, 32 feet; thence West parallel with said East/West alley, 6 feet; thence North parallel with said North/South alley, 32 feet; thence East 6 feet to the place of beginning. PROPERTY OWNERS WITHIN 150 FEET Key No. Name and Address 18-6022-0574 St. Joseph County Public Library c/o Director 304 South Main Street South Bend, IN 46601 18-6022-0575 St. Joseph County Public Library 122 West Wayne South Bend, IN 46601 18-6022-0573 Robert L. Proudfit 2002 Mishawaka Avenue South Bend, IN 46615 18-6022-0588 Calet Partnership 409 North Calhoun Mishawaka, IN 46545 18-6022-0589 Brady J. August 930 South 20th Street South Bend, IN 46615 18-6027-0739 Damian D. Dieter 929 South 21st Street South Bend, IN 46615 18-6027-0737 Connie M. Blanford c/o Norwest Mortgage, Inc. Customer Relations M-S 122504 Home Campus Des Moines, IA 50328 18-6027-0736 Edward L. & Evelyn B. Kendziorski 917 South 21st Street South Bend, IN 46615 18-6027-0735 St. Joseph County Public Library c/o Director 304 South Main Street South Bend, IN 46601 18-6027-073301 St. Joseph County Public Library 122 West Wayne South Bend, IN 46601 18-6027-0744 Peter Vincent & Rosemary Majeski 54756 Bonnethill Trail Mishawaka, IN 46545 Rey No. 18-6027-0745 18-6027-074601 18-6027-0747 18-6027-0748 18-6027-0749 18-6027-0750 F:\MASTERS\CLIENTS\LIBRARY\VACATE.KEY Name and Address Merl Lloyd Goodsell & Sharon Kay 2108 Mishawaka Avenue South Bend, IN 46615 Paul M. & Mari A. Chamberlin 2112 Mishawaka Avenue South Bend ,In 46615 Peter V. & Rosemary Majeski 54756 Bonnethill Trail Mishawaka, IN 4h 45 Jorge H. Marin 918 South 21st Street South Bend, IN 46615 Chingiz & Renada Ragimbekov 922 South 21st Street South Bend, IN 46615 Ryan E. & Jamian R. Oleson 926 21st Street South Bend, IN 46615 2 ~I~d to ~6~~~°~ ®iC~ 6.@~'TTA J. ! 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS August 26, 2002 David Varner, Chairperson Public Works and Property Vacation Committee South Bend Common Council 455 County-City Building South Bend, Indiana 46601 Re: Bill No. 40-02 Vacation of E-W Alley South of Mishawaka Avenue Dear Dr. Varner: On August 22, I met with Jim Masters, attorney representing the Saint Joseph County Public Library, and Mick Tuesley, attorney representing Robert L. Proudfit, O.D. The Library is the petitioner for Bill No. 40-02 and owns/occupies the real estate surrounding the alley in question. Dr. Proudfit is the owner of the property west of the Library and the petitioner for a successful vacation of alleys in the west half of that block several years ago. The Library and Dr. Proudfit have agreed on a means to overcome the creation of a dead end alley that would result from the Library's petition. Their plan is to dedicate a new alley on the south side of Dr. Proudfit's land that would connect 20`h Street to the alley, thus overcoming the "dead end" issue. When the Library and Dr. Proudfit complete their separate developments and develop this new public alley, safety will be improved on each of their lots and in the public right of way. I recommend that the Council approve the petition to vacate the alley in question contingent upon making the improvements needed to dedicate the new alley on the west side of the block and accomplishing the dedication. Sincerely, ~~ Carl P. Littrell, PE City Engineer filed in C12r~:'s ~f~ic~ ~u~ ~ ~ 2oa2 LORBTiA J. DJD•9 CiTf CLERI~l1C. ~ENA,1~~: c: Jim Masters ~-°°~ ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES STREETS WATER WORKS CARL LITTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOViSI;! SAM HENSLEI' JOHN E STANCATI 574/235-9251 574/277-8515 574/235-9316 574/235-9244 574/235-9322 FAx 574/235-9171 FAx 5741277-8980 Fax 574/235-9007 FAx 574/235-9272 FAx 574/235-9728 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS June 10, 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: PHONE 219/235-9251 Fax 219/235-9171 TDD 219/235-5567 In accordance with Municipal Code Section 18-53.8, an unfavorable recommendation is being submitted to the Common Council concerning the following alley vacations: The first east/west alley south of Mishawaka Avenue from 215` Street west to the first north/south alley; and the first north south alley west of 2155 Street from the first east/west alley south of Mishawaka Avenue. 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, creating a 300 foot dead end. There are several residents along this area that access their garages, and Solid Waste would be unable to pick trash. The City Engineer previously met with the petitioner regarding an alternate plan, however, an optional plan has not been submitted. 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 an unfavorable recommendation concerning these vacations, subject to any utility easements that may be necessary. Sincerely, ~,ti-,~ _ ~,~J Angela acob, Cle Board of Public Works c: Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor's Office n 03 02 08:12a SHPD TRAFFIC [219)235-9308 p.1 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 Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: A11ey Vacations DATE: May 29, 2002 Attached for your review and recommendation is the following alley vacations: The first east/we andlthe f~st n rth/s'outh alley west of 21'` Street Srom the fSSt east/west north/south alley, alley south of Mishawaka Avenue. I would appreciate receiving your comments and recommendation concerning this vacation no later than June 5, 2002. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: BY: TE: `-3-0~/ 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 Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacations DATE: May 29, 2002 p~[~C~[~Od~r MAY 3 0 2002 ~U Attached for your review and recommendation is the following alley vacations: The first east/west alley south of Mishawaka Avenue from 215` Street west to the first north/south alley; and the first north/south alley west of 21st Street from the first east/west alley south of Mishawaka Avenue. I would appreciate receiving your comments and recommendation concerning this vacation no later than June 5, 2002. Thank you for your cooperation. BY: DATE: 0~' O 2• O Z ~ 06/04/2002 15:47 2192359305 SOUTH BEND FIRE DEPT INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission Larry Maglio2zi, 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, Cierk RE: Alley Vacations DATE: May 29.2002 Attached for your review and recommendation is the following alley vacations: PAGE 01 The first east/west alley south of Mishawaka Avenue from 21°` Street west to the first north/south alley; and the first north/south alley west of 21 ~` Street from the first east/west alley south of Mishawaka Avenue. I would appreciate receiving your comments and recommendation concerning this vacation no later than June 5, 2002. Thank you for your cooperation. COMMENTS ~ RECOMMENDATIONS: ~ o o~ -- ~f~~~ BY: A-l ~' ~ `K, DATE: -~_~Z 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 June 5, 2002 The Board of Public Works 13th Floor, County-City Building South Bend, Indiana 46601 RE: The first east/west alley south of Mishawaka Avenue from 215` Street west to the first north/south alley; and the fast north/south alley west of 21st Street from the first east/west alley south of Mishawaka Avenue. 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. However, if this alley is vacated it is recommended that it be done so subject to any cross access or utility easements that may be necessary. Sincerely, Jef e .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 Larry 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, Clerk RE: Alley Vacations DATE: May 29, 2002 Attached for your review and recommendation is the following alley vacations: The first east/west alley south of Mishawaka Avenue from 21g` Street west to the first north/south alley; and the first north/south alley west of 21 sc Street from the first east/west alley south of Mishawaka Avenue. I would appreciate receiving your comments and recommendation concerning this vacation no later than June 5, 2002. Thank you for your cooperation. c~/,~ ~ - ~12f ~~ (~ ~st COMMENTS 8~ RECOMMENDATIONS: JUN-05-2002 15 35 SOUTH BEND WASTE WATER :~. ~ ~ , -e "~-- ~~ ~ ~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS 2192778980 P.01i01 tvl AY 3 0 2002 TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission Larry 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, Clerk RE: Alley Vacations DATE: May 29, 2002 Attached for your review and recommendation is the following alley vacations: .' The first east/west alley south of Mishawaka Avenue from 21°` Street west to the first north/south alley; and the first north/south alley west of 21"Street from the first east/west alley south of Mishawaka Avenue. 1 would appreciate receiving your comments and recommendation concerning this vacation no Eater than June 5, 2002. Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: ~~~~ VlS ,r,~ ~ ~o~~e, t~ ~ ~~.e~- ~ .GIC u /~ BY: G 1L DATE:- .~~ O '~. TOTAL P.01