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Home My WebLink About9867-08 Vacation - Alley - Dr. Martin Luther King Blvd., Washington - part of Dunbar's Sub of Bank OutlotsORDINANCE No. sas~oe Passed by the Common Council of tl:e City of South Bend, Indiana October 27, 20 08 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana October 28, 20 08 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me October 2 8 , _ 20 0 8 ~~~~ C,~/~ n Mme' ORDINANCE NO. ~ ~~1 /Og AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first North/South alley West of Dr. Martin Luther King Blvd from W Washington St North to the first East/West alley for a distance of 198 feef, more or less, and a width of 8 feet, more or less. Being a part of Dunbar's Subdivision of Bank Outlots 31 and 32, 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 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 first North/South alley West of Dr. Martin Luther King Blvd from W Washington St North to the first East/West alley for a distance of 198 feet, more or less, and a width of 8 feet, more or less. Being a part of Dunbar's Subdivision of Bank Outlots 31 and 32, City of South Bend, Portage Township, Sf. 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 properties maybe injuriously or beneficially affected by such vacating: Lot Number: 3 of Dunbar's Sub of Bank Outlots 31 & 32 Key Number: 18-1025-1058 Lot Number: 2 of Dunbar's Sub of Bank Out/ots 31 & 32 Ke~Number.• 18-1025-1060 Section IV. The purpose of the vacation of the real property is To reverse City of South Bend, Board of Public Works Condemnation Resolution Number 70, adopted January 9, 1923 entitled: Opening of an Alley in Dunbar's Subdivision of Bank out lots 31 and 32. Thus allowing the property described in Section 1 to be consolidated into Lot 2 Ex 8 Ft W Side Alley Dunbar's Sub Bol 31 (Key Number 18-1025-1060) returning this parcel to it's original dimensions and legal description: Lot 2 Dunbar's Sub Bol 31. 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. i ~` ~. ~ Member of the mmon Council Attest: C rk Presented by me to the Mayor of the City of South Bend, Indiana on the 2~~. day of ~c.~,~ , 2 cx~8 , at Z ~~ 3 v o'clock ~~. A proved and signed by me on the 3 -" o o'clock ~. m. r-- ~~ ~~ City lerk , r~ ' I z~ ~ day of ~C=t. , 2~, at .~-,- Mayor, City of uth , 1 st READING ~ -Z"S `fig PUaLIC HEARING ~0~21-~~~ 3rd READING ~d..Z1-.4g NOT APPROVED REFERRED PASSED ~~ -Z-~ -~S ~'6ltrd In Cl~t~'s 0;'~~ce AUG 1 ~ 2008 J4hIi~P VCO~DE CITY CLEnK, 50. ~i=PAD, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 50-08 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF DR. MARTIN LUTHER KING BLVD. FROM W. WASHINGTON STREET NORTH TO THE FIRST EASTNVEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS, AND A WIDTH OF 8 FEET, MORE OR LESS. BEING A PART OF DUNBAR'S SUBDIVISION OF BANK OUTLOTS 31 AND 32, 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 a favorable recommendation. Derek D. 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 CONTACT PERSON NAME: JAMES E BOGNAR I, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: THE FIRST NORTH/SOUTH ALLEY WEST OF DR. MARTIN LUTHER KING BLVD FROM W. WASHINGTON ST NORTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS, AND A WIDTH OF 8 FEET, MORE OR LESS. BEING A PART OF DUNBAR'S SUBDIVISION OF BANK OUTLOTS 31 AND 32, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. B. THE STREET DESCRIBED AS: DIRECTLY WEST OF 807 W WASHINGTON ST ADDRESS 807 W WASHINGTON ST SOUTH BEND IN 46601-1438 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 LOT # #2 of Dunbar's Sub of Bank Outlots 31 & 32 Key #: 18-1025-1060 ADDRESS: 807 W WASHINGTON ST DATE: OS-/~/- Z~~~ SOUTH BEND IN 46601-1438 PHONE: 574-233-6191 Property Owners Of Record Northern Indiana Historical Society 808 W Washington St South Bend IN 46601 Key Numbers: 18-3054-2085, 18-1042-1822, 18-1025-1058 Vera Brown 110 LaPorte Ave South Bend IN 46616 Kev Number: 18-1025-105701 Dennie Schrock 219 N Elder Mishawaka IN 46544 Kev Number: 18-1025-1057 Historic Dunbar Corner Partnership 914 LWW South Bend IN 46616 Key Number: 18-1025-1069 Danny & Lisa K Phillips AKA: Lisa K Bognar AKA: Paul M & Lisa K Bognar 832 W Colfax Ave South Bend IN 46601 Key Numbers: 18-1025-1070 (Lisa K Bognar), 18-1025-1071 (Paul M & Lisa K Bognar), 18-1025-1072 (Danny & Lisa K Phillips) Lee F and Janice L Barnhart 828 W Colfax Ave South Bend IN 46601 Key Numbers: 18-1025-1073 and 18-1025-107401 Thomas F & Jan A Kaade 820 W Colfax Ave South Bend IN 46601 Key Number: 18-1025-1075 John Freidline 108 N Main St STE 711 South Bend IN 46601 Key Number: 18-1025-106201 2 066 18-1025-1080 18-1025-1071 - 1025-1065 18-1025-1068 y 18-1025-1072 18-1025-1073 18-1025- 4 18-1025-1075 ~'A 18-1025-1069 t 18-1025-1064 L' m 18-1025-1070 ~ v 18-1025-1063 R150' yC \ ` 18-1C~5-1067 ~ ~~O O~ a 0 9 ~ 18-1025-10 2-1821 8-1025-105701 . ~' 18-1025- 1- 18-1025-1058 ~ 18-1025-1060 18.1025-1061 18-1042-1822 Washington St. ,s-ao54-2os5 i ~ The alley to be vacated is the first North/South alley West of Martin Luther King Blvd from Washington Street North to the first East/West alley for a distance of 198 feet, more or less, and a width of 8'. Being a part of Dunbar's Subdivision of Bank Outlots 31 and 32, City of South Bend, Portage Township, St. Joseph County, Indiana. 1316 Coa>v; r-CfTY Bur n?:~c 227 W. JEFFERSGN BOLZEV.ARG SOiJTH BEND, INDIANA 4(1601-1 &30 CITY OF SOUTH BEND STEPHEN ]. LUECKE, MAYOR ~oA~ o~ PUBLIC ORKs June 23, 2008 Mr. James Bognar 807 West Washington Street South Bend, Indiana 46601 P xoNE 5%4/ 235-9251 F.al: 574/ 235-91?I TDD>74/ 235-5507 RE: Alley Vacation -First North~South Alley East of LaPorte Avenue, North from Washington Street to the First EastlWest Alley between LaPorte Avenue and Chapin Street Dear Mr. Bognar: At its meeting on June 23, 2008, the Board of Public Works reviewed your petition to vacate the above alley. Favorable recommendations were submitted from the Engineering Division, Community & Economic Development, Area Plan Commission, and Police Deparhnent. The Fire Department stated the section of North/South alley is one of two means to get to structures at the cross alley paths. There are large garages there. The hydrant is on Washington near the alley entrance and Colfax on the North end of the alley. It will make it very hard to extinguish fires if the vacation happens. The Board of Public Works has given its' approval of your petition to vacate the alley, based on your statement at the June 23, 2008 meeting agreeing to a Blanket Access Agreement for all emergency vehicles to have access to the properties located on the alley in the case of any emergency. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to nicking un your radius man Once this concern is 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 Cleric' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. incerely, . -~ Linda M. Martin, Cle GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INxs PRESIDENT IVIE,yiBER MEMBER