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Home My WebLink About9858-08 Vacation - Alley - First East/West alley South of Clavert Street from Olive Street to the First North/South alley for aORDINANCE No. a Passed by the Common Council of the Ciry of South Bend, Indiana August 25, 2008 Attest: Ciry Clerk Attest: Presented by me to the Mayor of the City of South Bend, Indiana August 26, 20 08 JOHN Approved and signed by me August 2 7 , 2p 0 8 President of Common Council City Clerk Mayr~r ORDINANCE NUMBER I g s~- ~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM OLIVE STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART OF HIGHLAND PARK ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with 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 CALVERT STREET FROM OLIVE STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FORA DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART OF I-llt~l-iLAND F'AhtIC ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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 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 NUMBER 252, KEY NUMBER 18-8100-3810 AND LOT NUMBER 253, KEY NUMBER 18-8100-3809. SECTION IV. The purpose of the vacation of the real property is: THE ALLEY 1N QUESTION IS A PAPER ALLEY AND THE OWNER OF THE SURROUNDING LOTS WILL BE ABLE TO DETERMINE ANY DEVELOPMENT OF THE SITE. 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. ~~ Member of the Co mon Council Attest: CI Presented by me to the Mayor of the City of South Bend, Indiana on the ?~~°~ day of ,A,~c,~...5 1 , 2 Gb3' , at 3 '- ~ ~ o'clock ~_.m. r---- City Cler ~ Approved and signed by me on the ~~ day of ~~~-o t , 2 ~ , at -~ o o'clock ~.M. ~~~~. ~~s Mayor, City of uth Bend, Indiana .. 3rd REA~.i~v+.~ g~LS " ~ NOT APPROVFa? REFERRED PASSF,~ ' g' -LS-- `~ ~i~l;'C~ IP! ~~~C~{'~ ~b°r~u~ JUL 3 0 2008 ~~r.iJ VC''.:;":t~E CITY C~_ ~ti . Si:_ s'st?,1'~. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 45-08 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM OLIVE STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART OF HIGHLAND PARKADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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 no recommendation due to a lack of a quorum. Derek Dieter Chairperson, Committee of the Whole PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: August 4, 200E 1 (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: fast Half o:~ the first East West Alley North of Delaware and of Philippa B. THE STREET DESCRIBED AS: NAME (signed 8 printed) ADDRESS ~il~d in Clerk's C'~#i~~ JllL 3 0 i~Da JOHN VOORDE CITY CLERK, S0. BEND, IN. RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 LOT # 252/253 CONTACT PERSON (S) NAME: Kenneth P. Fedder ADDRESS: 53600 North Ironwood South Bend, IN 46635 PHONE: 574-272-2870 ~ 1 ~ 1 8-8103-3913 18-8103- 3 R150.0' 914 1 g-8100-3805 18-8097-3690 18-8100-3806 18-809 691 18-8103 15 18-8100-3807 18-8097-3692 18-8 03916 18-8100-3808 18-8097-3693 18 103-3917 18-8100-3809 ? ? 6' 18-8097-3694 N 12' ALLEf TO BE VACATED ~~~ 18-8100810 18-8097-3695 18 103-3919 18-8100-3794 18-8097-3696 18-8103-39 18-8100793 18-$103-3921 18-8100-3792 18-8097-3698 w 18-8103-3922 ~.+ ~ 18-8100-3814 t0 ~ 18-8103-3923 ...~ ~ 0 18-8100815 18-8497-3700 '~' ~ t~ ~i1 ~ '+Z'~ j , ~ Fl - I LEGAL DESCRIPTION: ~ `- oNr~ vooaD6 C1TY CLE~~i~, 50• BIND, IN. THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM OLIVE STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART OF HIIGHLAND PARK ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. William A. Ross Rev. Trust of WM A Ross 2005 South Olive South Bend, IN 46613 Randall Flanagan 57200 Clona Court South Bend, IN 46619 Albert Vanderhegghen 1905 S. Philippa Street South Bend, IN 46613 Elizabeth Nemeth 11-7-98 2009 S. Olive Street South Bend, In 46613 Jim and Dorothy A. Vanderhegghen 2013 E. Philippa South Bend, IN 46613 Cathy Miller & Donald Burkett 1917 S. Olive South Bend, IN 46613 Cathy Miller 1917 S. Olive South Bend, IN 46613 4000 Group LLC 703 West 16~' Street Mishawaka, IN 46544 Joseph S. Panzica 8124 York Road South Bend, IN 46614 Daniel and Joann Popielski 2402 W. Calvert St. South Bend, IN 46613 Madou Home Rentals LI:C 54579 Chalmers Drive Osceola, In 46561 Fite try ~lerk'~ ®~fECe JUL 3 p 2008 JOHN VOOFDE G~ CLEAK, 50. BEND, IN. Daniel H. Pfeifer* Pickard ~V. Morgan Jeffrey J. Stesiak Douglas E. Sakaguchi *Bonn1 Certifi<<i Trial Adz~ocnte Kenneth P. Fodder of Counsel August 4, 2008 I'f eif er, Morgan &Stesiak Members of the South Bend Common Council 4th Floor -- County/City Building South Bend, IN 46601 Annc B. Kloso~vski Kathe J. Snodgrass Susan M. Seagrove Sherry A. Money Pnrale~nls Re: Alley Vacation THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM OLIVE STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART OF HIGHLAND PARK ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Dear Member of the Council, The undersigned represents John C. Cocquyt of 703 West 16th Street, Mishawaka, IN, the owner of the members interest in the 4000 Group, LLC, a limited liability company. The 4000 Group, LLC is the owner of ten (10) lots located on Olive Street, between Delaware Street and Calvert Street in the City of South Bend, 1N. It is their desire to vacate a 12-foot paper alley located north of lot number 252, key number 81-8100-3810 and located south of lot number 253, key number 81- 8100-3809. This is a paper alley. It is their intention to consider a further development of the #en (10) lot area. Currently, on several of the tots north of Delaware Street there is an existing building being leased. And there is an existing building south of Calvert Street, which is also currently being leased. It is their desire to consider a development of the remaining lots, which could include a new building on Olive Street. Very Truly Yours, KENNET P. FEDDER ttor at Law ~il~~ to Ct~~ ~'~ Qfi~~ ~~ J U L 3 0 2008 CITYC;.[°:~:`:..•.'~_~..._..~~ 13;1, 53600 North Ironwood Drive South Bend, Indiana 46635 574.272.2870 South Bend 574.271.432) Fax www.pilawyers.com 1316 Co,NTt~-CtT~~ B!'ILDl*:c 227 W.IEFRER.SON BOt_!r fl'.4RD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC ~ORKS July 14, 2008 Mr. Ken Fedder 53600 North Iromvood Road South Bend, Indiana 46635 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 RE: Alley Vacation -East Half of the First East-West Alley North of Delaware and West of Philippa (Preliminary Review) Dear Mr. Fedder: The Board of Public Works, at its July 14, 2008, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that 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. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, l:~~t.t:~..~..~~~. ~~~C~~:~L--L. 1Jinda M. Martin, Clerk c: Robert Sanders, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARY A. GILOT, P.E. CARL P. LITTRELL, P.E. PRESIDENT MEMBER DONALD E. INKS MEMBER