HomeMy WebLinkAboutVacation - Alley - South Bend Avenue, Notre Dame Avenue - Being part of Sorin's First additionORDINANCE No. s~~s-o,
Passed by the Common Council of the City of Soutli Bend, Indiana
November 12, 20 01
Attest:
Attest:
Presented by me to the Mayor of the Ciry of South Bend, Indiana
~iomhor ') `2 20 ~,
City Clerk
President of Common Coicncil
Ciry Clerk
Approved and signed by me November 13, 2001
~u-~-~~~_~ Mayor
Ordinance No. 12 ~ 1 ~'~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY
The alley to be vacated is the first East/West alley South of South Bend Avenue from
the East right of way of Notre Dame Avenue to 10 feet West of the first North/South
alley for a distance of 150.35 feet and a width of 12 feet. Being a part of Sorin's First
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 South Bend Avenue from
the East right of way of Notre Dame Avenue to 10 feet West of the first North/South
alley for a distance of 150.35 feet and a width of 12 feet. Being a part of Sorin's First
Addition to the City of South Bend, St. Joseph County, Indiana.
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:
PROPERTY OWNER
Mahmoud Hussein, President
H&S of South Bend, Inc.
d/b/a Club 23
ADDRESS
744 N. Notre Dame Avenue
South Bend, IN 46617
LOT #
18 5030 1088
Mahmoud Hussein
744 N. Notre Dame Avenue 18 5029 1047
South Bend, IN 46617
SECTION IV. The purpose of the vacation is to protect the safety of the patrons
of the abutting commercial establishment, known as Club 23. The alley separates the
business from the parking {ot used by its customers. Vehicles travel down the alley at
unsafe speeds and present a significant degree of danger to the patrons.
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, and subject to the filing of
a notarized right of way dedication acceptable to the Board of Public Works.
Member of the Comm Council
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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:
BILL NO.
94-01 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF
SOUTH BEND AVENUE FROM THE EAST RIGHT OF WAY OF NOTRE
DAME AVENUE TO 20 FEET WEST OF THE FIRST NORTH/SOUTH
ALLEY FOR A DISTANCE OF 140.35 FEET AND A WIDTH OF 14 FEET.
BEING A PART OF SORIN'S FIRST 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 as substituted by a new legal
description.
Andrew Udj ak
Chairman
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Legal Descri ption
The alley to be vacated is the first East/West alley South of Sou th Bend Avenue from the
East right of way of Notre Dame Avenue to 10 feet West of the first North/South alley
for a distance of 150.35 feet and a width of 12 feet. Being a part of Sorin's First
Addition to the Ci ty of South Bend, St. J oseph County, Indiana.
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LOI~~YT6a d. L°4)O."a
AMENDED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE:
WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE:
THE ALLEY DESCRIBED AS:
The alley to be vacated is the first East/West alley South of South Bend Avenue
from the East right of way of Notre Dame Avenue to 10 feet West of the first
North/South alley for a distance of 150.35 feet and a width of 12 feet. Being a part of
Sorin's First Addition to the City of South Bend, St. Joseph County, Indiana.
This Amended Petition is a substitute for the Petition filed on October 2, 2001.
NAME (signed & printed) ADDRESS
LOT #
744 N. Notre Dame Avenue 18 5030 1088
Mahmoud Hussein, President outh Bend, IN 46617
H&S of South Bend, Inc.
d/b/a Club 23
/~~~s~~%i9, ~UJ'~ ' 744 N. Notre Dame Avenue 18 5029 1047
Mahmoud Hussein South Bend, IN 46617
CONTACT PERSON:
Charles R. Shedlak (#20728-71)
TUESLEY & HALL, LLP
P.O. Box 4136
RETURN TO:
OFFICE OF THE CITY CLERK
LORETTA J. DUDA, CITY CLERK
ROOM 455 -COUNTY CITY BUILDING
SOUTH BEND, IN 46601
219-235-9221
South Bend, IN 46634-4136
Telephone: (219) 232-3538
Attorney for Mr. Mahmoud Hussein and
H&S of South Bend, Inc. d/b/a Club 23
TUESLEY
~ HALL,LLP
November 6, 2001
Ms. Loretta J. Duda, City Clerk
Office of the City Clerk
County City Building, Room 455
South Bend, IN 46601
Re: Vacation of Alley
Dear Ms. Duda:
MALCOLM J. TUESLEY
THOMAS J. HALL
JOHN K. HANSON
- SUSAN R HANSON
KENNETH P. COTTER
CHARLES R SHEDLAK
ERIC W. SEIGEL
As you know, the public hearing regarding vacation of the alley contiguous to
Club 23 on Notre Dame Avenue, which was scheduled for October 22, 2001, was
postponed to accommodate changes requested by the City Engineer's Office. I fiave
consulted with Anthony Molnar in that office and we have revised the vacation and right
of way dedication. It is my understanding that the public hearing regarding this alley
vacation will be held on Monday, November 12, 2001.
The following substituted materials are enclosed for the vacation of this alley:
1. Amended Petition to Vacate Public Rights-of-Way.
2. Proposed Ordinance
3. Amended Radius Map and Legal Description prepared by the City
Engineer's Office
4. Amended Right of Way dedication as requested by the City Engineer's
Office
Please call me if you have any questions or need further information to process
this request.
Sin
Chi
CRS/jno
Enclosures
340 COLUMBIA PLACE
PosT OFFICE Box 4136
SOUTH BEND, INDIANA 46634-4136
TELEPHONE: (219) 232-3$38
FAX: (219) 232-3790
1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CrrY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
October 22, 2001
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
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 an alley vacation on the following:
The first east/west alley south of South Bend Avenue from the east right of way of Notre
Dame Avenue to 20 feet west of the first north/south alley for a distance of 140.35 feet and
a width of 14 feet. Being a part of Sorin's First Addition to the City of South Bend, St.
Joseph County, Indiana.
Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this
Vacation Petition from the Police Department, Solid Waste, Fire Department, and the Department
of Economic Development. The Division of Engineering stated that this vacation does not include
the full length of the alley from Notre Dame Avenue to the north/south alley. Public maintenance
cannot be efficiently accomplished. Area Plan recommends that if this alley is vacated, that it be
done so subject to the creation of any turn-around or utility easements that may be necessary.
Therefore, the Board submits to you a favorable recommendation concerning this
vacation, subject to any utility easements that may be necessary.
S~ erely,
i
A g a I''. Jacob, Cle `
c: Rosemary Mandrici, Assessor's Office
Melinda Stopczynski, Auditor's Office
Attachments