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Home My WebLink About9857-08 Vacation - Alley - First North/South alley West of Laurel Street and South of Western Avenue continuing SouthORDINANCE No. sass Passed by the Common Council of the Ciry of South Bend, Indiana August 25, 2008 Attest: Attest: Presented by me to the Mayor of the City of Sorrth Bend, btdiana August 26, 20 08 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me a ~ ~ g1. ~ r ~7 20 ~ 8 ~- ~ E;~~-~~ Mayer ORDINANCE NO. l ~ -5 7 -~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET AND SOUTH OF WESTERN AVENUE CONTINUING SOUTH BORDERING THE PENN CENTRAL RAILROAD 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 North/South alley (10' wide) West of Laurel Street on the South side of Western Avenue and the 14' wide alley that runs Southwesterly from said North/South alley along the North right of way of a vacated railroad. Both alleys being located in Bank Out Lot 92, in the Southwest'/ of Section 11, Township 37 North, Range 2 East, St. Joseph County, Portage Township, City of South Bend, Indiana, and more particularly described as follows: Commencing at the intersection of the original South right of way line of Western Avenue and the West right of way line of Laurel Street (said original line of Western is 15 feet North of the current right of way line); thence West along said original South right of way line of Western Avenue a distance 346 feet, more or less, to the intersection of the South right of way line of Western Avenue and the East right of way line of said North/South alley and the place of beginning; thence South along said East line of said 10' wide North/South alley a distance of 72.3 feet to the Northerly right of way line of a vacated railroad right of way Tax ID #018-3059-2307.01; thence Southwesterly along said Northerly railroad right of way a distance of 190 feet, more or less; thence Northwesterly perpendicular to said Northerly right of way line of said railroad a distance of 14 feet; thence Northeasterly along a line parallel to and 14 feet from the Northerly right of way line of the vacated railroad a distance of 182.9 feet to the West right of way line o~ said 10 foot wide North/South alley; thence North along said West right of way line of the 10 foot wide North/South alley a distance of 61.82 feet to the South right of way line of Western Avenue; thence East along said South Line 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: Lot 18-3059-2305, Lot 18-3059-230701, Lot 18-3059-2303, Lot 18-3059-2302, Lot 18-3059-2301, and Lot 18-3059-2299 SECTION IV. The purpose of the vacation of the real property is for the Emmanuel Christian Church to build it's new facilities, their dream church. 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. r--~ Member of the Co mon Council Presented by me to the Mayor of the City of South Bend, Indiana on the _Z~ day of ~.s'~ , 2 ab~' , at 3 `~~a o'clock ~o_. m. ~o~ City Cle ~ ®.e,p~ Approved and signed by me on the ~~ day of I f , 2 0~ _ , at : 5 o'clock ~. m. 1 st READING ~ ~~-`~ PUBLIC HEARING ~' _2~- ~ ~ 3rd READW~ ~-Lf- ~~ NOT APF20'd' E'EEE""ED p~ '':'~5 QED (j -1i..~ . `~ Mayor, y of South ~~~ ~Ci ~:~f'~"~4'~ Q~~ICB J U L 1 8 2008 JOHN! VOORDE CITY CLERK, B0. BEND, IM. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 43-08 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET AND SOUTH OF WESTERN AVENUE CONTINUING SOUTH BORDERING THE PENN CENTRAL RAILROAD Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with no recommendation due to a lack of a quorum. Derek Dieter Chairperson, Committee of the Whole Joe Grabill George Gofis 202 Lincolnway E. Ste. 100 21344 Ravenna Dr. Mishawaka, In 46544 South Bend, In 46628 Burkhart Advertising Rolland Schafer P.O. Box 536 65045 Miami St. South Bend, IN 46624 Bremen, In 46506 Alma and Jaime Navarro Maryrose Clayton 1033 Hancock St. 304 E. Donald St. South Bend, In 46619 South Bend, In 46613 Housing Authority of South Bend Teresa L. Buggs 501 S. Scott St. 1042 Western Ave South Bend, In 46601 South Bend, IN 46601 Teresa L. Buggs 1044 Western Ave. South Bend, IN 46601 ~~tl~~ ~Ct:~~~5'~C'.:~~~€~:~ ~.~.: ~ JU.I. ,1.;~ ~~~~$ CfTY CL~fi}~,~5~~ iN. Y PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA 1 (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: ~rs+ 1~1o~r+h ~So~~-~h ~I~ey We~4- o~ ~O~~~re t ~~ree~~ and So~~Nn off- l;L)c,~~r~n ~V2~uP , r1-1-i~nui~lQ ~r~ ~~h 1oo~2rir1Q 'the Ylrl ~~C ~a~\roc~d B. THE STREET DESCRIBED AS: NAME (signed 8~ printed) ADDRESS w.e~2r~ ~ve ,~ l02'~ ~ ~xA~n ~~~ , ~ N 4~~ ~g ll~C~/~6rJn ~. M~Y~Q. DATE: ~ ~ ~ O8 LOT # 18-3D~1-2303 JUL 1 S 2008 CITY G~.E:,;y;, SQ. f;EPiD, IK CONTACT PERSON (S) NAME: ~IOr I Q Y '~ ~ • V Q~~1~~2 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 ADDRESS: ~0 ~ • c~ti~'~• ~ • ~u~ C~~ ~ l N '-kl~l~ l3 PHONE: ~c5'1-~~ c~3' ~~qcJ Emmanuel Christian Church 1024 W. Western Ave. South Bend, IN 46619 Pastor; Francisco Cuenca July 17, 2008 To Whom it May Concern: I write this letter in behalf of Emmanuel Christian Church and myself to provide our reasoning in vacating the alley on the Ordinance. I have been a member of Emmanuel Christian Church for over 12 years. During that time, I have seen our congregation grow in numbers. Due to this, we are in need of building a bigger and more suitable church temple for our youth and children. This cannot be possible unless we vacate the surrounding alleys to our church. Our church property lies next to this alley in a very particular form, that we can not build on it unless it is vacated. We have main- tained the alley to this day by mowing and cleaning any debris around it. We believe to be the only people to have ever used it. We would appreciate your help in voting to vacate this alley so we can then start our plans in building our dream church. We thank you for your time in reading our request and hope to receive a response from you soon. God Bless! Sinc rely, ~ ~ i Gloria Vasq (Church Secretary) J U L 1 8 2008 Emmanuel Christian Church Phone: (574) 323-8895 Fax: (574)675-9629 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 BOARD OF PUBLIC WORKS December 10, 2007 Ms. Gloria Vasquez 2206 South Scott Sheet South Bend, Indiana 46613 x~~ `~3 °~ RE: Alley Vacation -The First North/South Alley West of Laurel Street and South of Western Avenue Continuing South bordering the Penn Central Railroad Dear Ms. Vasquez: At its meeting on December 10, 2007, the Board of Public Works reviewed your petition to vacate the above alley. The following comments and recommendations were submitted from the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office: Area Plan stated 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. The vacation would not make access to the lands of the aggrieved .person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of--way by the neighborhood in which it is located or to which it is contiguous. Engineering stated that neighborhood traffic has c1•eated a path across vacant land to use the subject alley for better access to their property than other rights of way provide. The vacation of this alley could hinder the redevelopment of the area. Neighbors to the west need to sign an ingl•ess/egress agreement. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement fol• your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to picking up vour radius man GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT' MEMBER MEMBER December 10, 2007 Vasquez, Gloria Page 2 of 2 Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, `,_.. ~.___..,~' ~~~--`~_...' ' (.~~Ca-h-~-ELM Linda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office