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Home My WebLink AboutVacation - Alley - Dunham Street - Part of Arnolds Subdivision of Bank Out Lot 100-101ORDINANCE No. 9144-00 Passed by the Common Council of the City of South Bend, Indiana October 9, Attest: Attest: 00 20 Presented by me to the Mayor of the City of Soutli Bend, Indiana October 10. Zp 00 City Clerk President of Common Co«ncil City Clerk Approved and signed by me October 11, 20 00 ,c..e ~;~ ~_-~ Mayor ORDINANCE NO. ~ ~ ~I 1- OO AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: First East/West Alley North of Dunham Street from the West R/W Line of Walnut Street to the East R/W Line of Harris Street for a distance of 148. S Feet and a Width of 12 Feed Part of Arnolds Subdivision of Bank Out Lot 100-101 in the City of South Bend, S~ Joseph County, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana. Code Section 36-7-3-12, the Common Council is chazged with the authority to heaz 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 1. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: First East/West Alley North of Dunham Street from the West R/W Line of Walnut Street to the East R/W Line of Harris Street for a distance of 14~ S Feet and a Width of IZ Feed Part of Arnolds Subdivision of Bank Out Lot 100-101 in the City of South Bend, S~ Joseph County, Indian hereby determines that it is desirable to vacate said property. SECTION 11. 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 111. The following property may be injuriously or beneficially affected by such vacating: KEYNUMBERS 18-3084-3361 18-3084-3362 18-3084 3363 18-3084-3364 LOT NUMBERS IS IS 14 14 SECTION IV. The purpose of the vacation of the real property is as follows: My neighbors and I strongly believe that the alley needs to be vacated for a number of reasons First and most importantly, individuals constantly speed down the alley at all hours- day and night, obviously with no respect for those that live near the alley or the law Furthermore, there are many school-aged children that live in this area and I, myself have witnessed children walking to the bus stop and almost get hit by these speeding motorists These motorists travel at a high rate of speed down the alley, and are not paying attention to those children that are crossing the alley for the school bus or chasing their ball while playing. My neighbors and I do not want to wait until a fatal accident occurs before we speak out on this issues We feel it is imperative that the alley is vacated in order to protect our children and the elderly from harm. In addition, the following is a summary as to why the alley needs to be vacater~ ^ Safety and concern of children, who range in age to as young as eighteen (18) months to adolescent age. • Protect our citizens who are enjoying a leisurely walk or those that are trimming their hedges and lawns ^ Uncleanness and the visual offensiveness of the alley, due to tittering such as fast food wrappers, bottles etG • A large amount of dirt and dust collect on the porches of those that are situated the closest to the alley. These individuals are also more prone to dirt coming into their homes during the summer months when they have their windows open because of speeding motorists 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. 1 st READING Q ~`-~~ pU13LIC HEARING ~~~-0~ 3 rd READING 10 -Ct_®~ NOT APPROVED REFERRED PASSED ~ (~ ~ -00 .~ Member of the Common Co cil @ r ~~ ~,., ~a ~ ~ s 1.~~1~~ 2 a~ 2R0~ < - ~, COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 83-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST/WEST ALLEY NORTH OF DUNHAM STREET FROM THE WEST R/W LINE OF WALNUT STREET TO THE EAST R/W LINE OF HARRIS STREET FOR A DISTANCE OF 148.5 FEET AND A WIDTH OF 12 FEET. PART OF ARNOLD'S SUBDIVISION OF BANK OUT LOT 100-101 IN 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 Udj ak Chairman VIVIAN LEE BORYSIAK 739 South Walnut, South Bend, IN 46619 (219) 288-4917 August 17, 2000 Members of the Common Council City of South Bend Room 455-County-City Building 227 West Jefferson Boulevard South Bend, IN 46601-1830 RE: Alley Vacation Dear Members of the Common Council: Agreement and interest in having the alley vacated have been expressed by all neighbors including myself and family for the following reasons: ^ Excessive speeding and careless driving ^ Concern for the safety of young children walking or playing near the alley ^ Concern for the well being of our citizens who cross the alley or for the neighbors who border the alley and are in danger when trimming their hedges and caring for their lawn ^ Dust and dirt that collect on the porches, houses (interior and exterior) and garages that are situated near the alley ^ Uncleanness and visual offensiveness of the alley due to the littering of motorists Members of the Common Council, we are prepared for the type of construction and improvements that will be necessary for the vacating of the alley and will comply with all such rules and regulations. ' Again, we thank you for your concern and attention regarding this matter. Should you need further information, please feel free to contact me at (219) 28$.4917. Sincerely, ~ ~ r{ • r e ~ i~.,. .~ Y ~'~. W A v u ~+.~ Y?.n+ A J 5:?"or..^ ~r~ .ter^~~: ¢~~~;e PETITION TO VACATE PUBLIC RIGIiT'S-OF WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: August 22, 2004 OF THE CITY OF SOUTH BEND, INDIANA We, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: First Easf/R'est Alley North of Dunham Street from the West R/W Line of Walnut Street to the East R/W Line of Harris Street for a distance of 145 Feet and a Width of 12 Feed Part of Arnolds Subdivision of Bank Out Lot 100-101 in the City of South Bend, St. Joseph County, Indiana. NAMES (signed & printed) ADDRESS LOT # Vivian Lee rysiak 739 South Walnut, South Bend, IN Fe ndo Del ado 735 South Walnut, South Bend, IN CONTACT PERSON PHONE: RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK Room 455-COUNTY-CITY BUILDING South Bend, IN 46601 (219) 235-9221) Vivian Lee Borysiak NAME: 14 15 739 South Walnut South Bend, IN 46619 ADDRESS: (219) 288-4917 Lo~'i7s'id. D~~":~~ O Z Q ~! C7~ ALLEY VACATIONS The alley to be vacated is the~zrst East/West l North of Dunham Street from the West R/W Line of alnut Street to the East R/W Line of Harris Street for a distance of 148.5 E'eet and a Width of ~12 Feet. Part of Arnolds Subdivision of Bank Out Lot 100-101 in the City Of South Bend, St.Joseph County, Indiana. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1$30 CITY OF SOUTH BEND STEPHEN ,J. LUECKE; MAYOR BOARD OF PUBLIC WORKS September 25, 2000 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of Property Dear Council Members: PHONE 219/235-9251 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 the following vacation: The first east west alley north of Dunham Street from the west R/W line of Walnut Street to the east R/W line of Harris Street for a distance o 148.5 feet and a width of 12 feet. Part of Arnold's Subdivision of Bank Outlot 100-101 in the City of South Bend, St. Joseph County, Indiana. For your information, the Board received favorable recommendations concerning this Vacation Petition from the Police Department, Fire Department, Area Plan Commission, Sanitation, Department of Economic Development and the Department of Public Works. Solid Waste noted that residents in this area would need to place their trash out front if the vacation were approved. The Division of Engineering noted that-the property owners adjacent to the alley on Walnut and the property owners adjacent to the alley on Harris each depend upon the alley for access to their garages. They should be informed that 1) they need to make improvements obstructing access to the north/south alley; 2) they need to provide cross access easements to each other, then hard surface a portion of the alley which then becomes a shared driveway; or 3) they each need to construct a new driveway on their property and the split that comes to them each by vacation. 'Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, 1 ~F'h-~~-~"~~~_{,1~ Angela K~Jacob, Clerk Attachments