HomeMy WebLinkAboutAlley Vacation - First East/West alley South of Vine Street, From the East Right-of-Way of 20th StORDINANCE No. 10304 -14
Passed by the Common Council of the City of South Bend, Indiana
April 28, ,a 14
Presented by me to the Mayor of the City of South Bend, Indiana _
April 29, 20 14
City Clerk
President of Common Council
Approved and signed by me AP91 L 2.1 20 Ilk
City Clerk
pfPO4 y Mayer
ORDINANCE NO. I D 3 O l —l�
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF VINE
STREET, FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO THE FIRST
NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14
FEET
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 VINE
STREET, FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO THE FIRST
NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14
FEET. BEING A PART OF HAMMOND AND WHITCOMB'S SECOND 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 - 6135 -4692 AND 018 - 6022 -0599
SECTION IV. The purpose of the vacation of the real property is to incorporate
the real property into the property of the "Annex of South Bend" Apartments, for the
purpose of parking, landscaping, maintenance and operations.
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.
Mem
Attest:
City Clerk
of the Cldmmon Council
Presented by me to the Mayor of the City of South Bend, Indiana on the
%i %L i, day of , 2 Oc�( , at (,0 ',0 o'clock _. m.
City Jerk , Illyt
Approved and si ned by me on the 29 day of APAI L 2014 , at
5.30 o'clock. M.
1st READING -3"L0 —tY
PUBLIC HEARINGU 4 -7Z—I1
3rd READING
NOT APPROVED
REFERRED
PASSED kj—j—Y—( Y
ayor, City of South Bend, Indiana
°9sed in Clerk's Wee
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CITY GL�WI�, �i')l3't'44 �EP113, Ire!
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETS /ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: March 4, 2014
I, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF VINE STREET, FROM
THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A
DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF HAMMOND AND
WHITCOMB'S SECOND ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA.
B. THE STREET DESCRIBED AS:
N/A
NAME (signed & printed)
Annex of South Bend LLC
By:
Kyle Bach
CEO
ADDRESS
Annex of South Bend, LLC
911 Main Street
Fishers, Indiana 46038
LOT #
Lot 1 -5 Riverview Sub'd
Lot 24 Hammond & Whitcomb's
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
574- 235 -9221
CONTACT PERSON
NAME: Bryan Moll
ADDRESS: American Structurepointe
7260 Shadeland Station
Indianapolis, Indiana 46256
PHONE: 317- 547 -5580
Filed in Clerk's
CITY CLERK, SOUTH SEND, IN
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DATE: 3/4/2014 SHEET NO.
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1316 COUNTY -CITY BUILDING
227 W. JEMRsoN BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CITY of SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
February 25, 2014
Shaun Cofer
American Structure Point
7260 Shadeland
Indianapolis, Indiana 46256
PHONE 574 /235 -9251
FAx 574/235 -9171
RE: Alley Vacation — The First East/West Alley North of North Side Blvd from 20th Street East to
the First North /South Alley (Preliminary Review)
Dear Mr. Cofer:
The Board of Public Works, at its February 25, 2014, meeting, reviewed comments by the
Engineering Division, Area Plan Commission, Community Investment, Fire Department, and the
Police Department. 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.
Therefore, the Board of Public Works submitted a favorable recommendation for the
vacation of this alley.
You will need a radius map showing properties within 150' of the proposed vacation for your
petition to the Common Council, and a Cross Access Agreement with all affected property owners.
Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet.
Sincerely,
. Martin, Clerk
c: Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
GARY A. GILOT DAVID P. RELOS KATHRYN E. RODS PATRICK M. HENTHORN BRIAN J. PAWLOWSKI