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HomeMy WebLinkAboutVacation - Alley - Lafayette Blvd, Sample Street, Tutt Street, - Being a part of Garst 1st AdditionORDINANCE No. Passed by the Compton Council of the City of South Bend, Indiana Attest: Attest: ~y Presented by me to the Mayor of the City of South Bend, Indiana (~caobPr 3, 20 01 Ciry Clerk President of Common Coccncil Ciry Clerk Approved and signed by one October 23, 20 01 Mayor October 22, 20 01 ORDINANCE NO. ~ 21 y - 0 ` AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first north /south alley east of Lafayette Blvd. From the north right of way line of Sample Street to the south right of way line of Tutt Street for a distance of 278 feet more or less and a width of 14 feet. Being a part of the Garst 1St Addition to the City of South Bend, St Joseph County, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to the 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 following property: The alley to be vacated is the first north/south alley east of Lafayette Blvd. From the north right of way line of Sample Street to the south right of way line of Tutt Street for a distance of 278 feet more or less and a width of 14 feet. Being a part of the Garst 1St 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 and 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 3042 1610,18 3042 1609,18 3042 1608,18 3042 1607 18 3042 1615 SECTION IV. The purpose for the vacation of the real property is to control the problem of through traffic in the area, caused by the many changes taking place in the immediate area and also to protect persons walking in the area. Common Council and approval by the Mayor. ~Q \ Member of the Co on Council 1 st READING ~ ~~~© PUBLIC HEARING ~ O,L'L-d1 3 rd READING ~ b_ L2-d NOT APPROVED REFERRED PASSED ~, 6 - Lt-O SECTION V. This ordinance shall be in full force and affect from and after its passage by the F~It:€1 in Cierk's ©ffice l0li~TTTA J. DUDts CITYCLER4C~>30. ®EFtD.4P~~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 96-01 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF LAFAYETTE BLVD. FROM THE NORTH RIGHT OF WAY LINE OF SAMPLE STREET TO THE SOUTH RIGHT OF WAY LINE OF TUTT STREET FOR A DISTANCE OF 278 FEET MORE OR LESS AND A WIDTH OF 14 FEET. BEING A PART OF THE GARST 1ST 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. Andrew Udjak Chairman PETTTION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: (WE), THE UNDERSIGNED PROPERTY OWNER (S) PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The alley to be vacated is the first north /south alley east of Lafayette Blvd. from the north right of way line of Sample Street to the south right of way line of Tutt Street for a distance of 278 feet more or less and a width of 14 feet. Being a part of Garst ls` Addition to the City of South Bend St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: NAME (signed & printed) ~,.~~~ ~~~ ~ ~C~y1LGG<dr~/ ADDRESS 802 S. Lafayette Blvd. South Bend, In.,46601 LOT # 18 3042 1607 Richard C. Hamilton CONTACT PERSON (S) RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 219-235-9221 NAME: Diane M. Ernsberger ADDRESS: 822 S. Lafayette Blvd., South Bend, In. 4660 PHONE: (219 289-9829 C 0 z 0 a_ c.>_ 0 0 0 <~ C: LU x Q m w 0 1- I~ ~_1__~ 192_1610 ~ ~ 8- 3Q ~a ^ ^ 1so -i~os ~ ~ 189 ~ 608 -1615p G 1A8 1 3 C~ so~ 167 ~ N ~ o ~ -1606 ~ ' Q 185 ~ ~~ __ __ 184:j~ 1605 ~ `3 n ~ ~ ~ 18 - ~~ 182 -1602 S/\IVIPL ALLEY VACATION ,; ~a z_ T. The alley to be vacated is the first north south alley east of Lafayette Blvd. from the north right of way line of Sample Street to the south right of way line of Tutt Street fot-a distance of 278 feet more or less and a width of 14 feet. Being a part of Garst 1st Addition to the City of South Bend, St. Joseph County, Indiana. AMDE Incorporated October 2, 2001 City of South Bend Common Council 1316 County-City Bldg. South Bend, IN 46601 Common Council: 822 South Lafayette Blvd. South Bend, IN 46601 In April of this year, British Petroleum and Arby's opened a gas station and restaurant on the corner of Sample Street and Main Street. This is located directly behind my business. The opening of this new gas station restaurant has resulted in a marked increase in traffic. The number of vehicles now passing through my parking lot has become a hazard to my customers and pedestrians. The new Jail, the closing of Tutt Street and the building of the BP and Arby's has resulted in an increase of traffic both pedestrian and vehicular. The location of several small businesses and the homeless shelter, in combination with all of the other changes, calls for some action to protect citizens walking through this area. The increased volume of vehicle traffic poses a safety threat to pedestrians. There have already been a few near misses between pedestrians and vehicles cutting through my lot. Vehicles turn in behind my business in an effort to avoid the light on the corner of Sample Street and Lafayette Boulevard. Many of these vehicles are trying to get to the gas station. The alley behind my business used to connect with Tutt Street. Tutt Street has recently closed and now the alley that runs behind my business is a dead end. Vehicles that attempt to pass through must stop and back up around my business. The purpose for the vacation of the real property is to control the problem of through traffic in the area, caused by the many changes taking place in the immediate area and to protect persons walking in the area. Sincerely, ,~~~~~~~ ~~ i~ Diane M. Ernsberger President AMDE Inc. 1316 COUNTY-CiTY BUILDING SOUTH BEND, INDIANA 46601-i$3O CITY OP SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF I~UBLIC WORKS Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation Dear Members of the Council: October 18, 2001 PxoNE219/235-9251 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 an alley vacation on the following: The first north/south alley east of Lafayette Boulevard from the north right of way line of Sample Street to the south~right of way line of Tutt Street for a distance of 278 feet, more or less and a width ofl4 feet. Being a part of the Garst 1S` Addition to the City of South Bend, St. Joseph County, Indiana. Therefore, the Board submits to you a favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. Sincerely, . ~ ge acob, ~ erk Attachments c: Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor's Office ~;~~~ d~ `~~1~ .i b;~, i