HomeMy WebLinkAboutVacate First East/West Alley South of Fairview St from the East Right-of-Way Line of Kaley StORDINANCE No. 10302 -14
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
Presented
April 14,
20 14
City Clerk
President of Common Council
of the City of South Bend, Indiana
April 15, 20 14
JOHN VOORDE
Approved and signed by me_ A r f I L 15 20 11
City Clerk
Maw
ORDINANCE NO. (0 3 o'Lj y
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST EAST/WEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST
RIGHT OF WAY LINE OF KALEY STREET TO THE FIRST
NORTHEASTERLY /SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET
MORE OR LESS
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:
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST EASTMEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST RIGHT
OF WAY LINE OF KALEY STREET TO THE FIRST
NORTHEASTERLY /SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET
MORE OR LESS, AND A WIDTH OF 14 FEET. BEING A PART OF HOMELAND
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:
Lots 018 - 8109 -5473
018- 8109 -5174
018 - 8109 -5475
018 - 8109 -5476
018 - 8109 -5468
018 - 8109 -5466
018 - 8109 -5464
018 - 8109 -5472
018- 8109 -5471
018 - 8109 -5470
018 - 8109 -5469
018 - 8109 -5467
018 - 8109 -5465
Section IV. The purpose of the vacation of the real property is to consolidate the
property and put a fence up to help keep the neighborhood looking nice. There are
many people walking up and down the alley and throwing trash. We have had several
break ins in the area too.
SECTION V. This ordinance shall be in full
passage by the Common Council and approval by t;
Attest:
City Clerk
effect from and after its
ncil
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of „W, 2 Dt -f , at CO's o'clock Q m.
City lerk , 4yt
Approved and si ned by me on the IS day of AP91 L 2 e-'11 , at
60 o'clock -M. m.
Dtpq,ry ayi0f or, City of South Bend, Indiana
1 st READING 3—L —t
PUBLIC HEARING
3rd READING
NOT APPROVED
REFERRED t l
PASSED q, tl1- -m
Filled in Cleric's O'<161
JOHNS 1tOORDE
CITY CLERK, SOUTH BEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
23 -14 A BILL TO VACATE THE FOLLOWING DESCRIBED
PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF
FAIRVIEW STREET FROM THE EAST RIGHT OF WAY
LINE OF KALEY STREET TO THE FIRST
NORTHEASTERLY /SOUTHWESTERLY ALLEY FOR A
DISTANCE OF 360 FEET MORE OR LESS
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.
This bill was heard by the Public Works & Property Vacation Committee.
Valerie Schey
Chairperson, Committee of the Whole
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
TO THE COMMON COUNCIL DATE:
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
B. THE STREET DESCRIBED AS:
NAME (signed & printed) ADDRESS
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455- COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
574 - 235 -9221
LOT #
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CONTACT PERS N (S)
NAME: 5111 e
ADDRESS: eg6°-,— w " —(--1 (u k v
661&1
PHONE: W
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1316 COUNTY -CITY BUILDING
227 W. JEmmoN BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
September 10, 2013
Mr. Pablo Gomez
2624 Fairview Street
South Bend, Indiana 46614
PHONE 574/235 -9251
FAa 574/235 -9171
RE: Alley Vacation — The East/West Alley between Fairview and Irvington from Kaley to the
North/South Alley
(Preliminary Review)
Dear Mr. Gomez:
The Board of Public Works, at its September 10, 2013, meeting, reviewed comments by
the Engineering Division, Area Plan Commission, Community Investment, Fire Department,
Police Department, and the Solid Waste Division. 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.
The Police Department stated there are utility poles in the alley. Area Plan states the alley
does not appear to provide direct access to any of the adjacent properties and is an unimproved
alley that is not in use.
Therefore, the Board of Public Works submitted a favorable recommendation for the
vacation of this alley subject to a utility easement.
GARY A. GILOT DAVID P. RELOs KATHRYN E. Roos MICHAEL C. MECHAM MARK W. NEAL