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HomeMy WebLinkAboutVacation - Alley - Warren Street - Part located in South Bend Industrial Park AdditionORDINANCE No. 9114-00 Passed by the Common Council of the Ciry of South Bend, Indiana June 12, Attest: Attest: cam.. u~;~ l~ 00 20 r Presented by me to the Mayor of the Ciry of Soutla Bend, Indiana June 13, 2000 Ciry Clerk President of Common Corrncit City Clerk Approved and signed by me -~ t .~ v~-e l 3 20 ~ ~ Acting Mme. ORDINANCE NO. ~ I I Ll_ U~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is described as the first north/south alley east of Warren Street from the south right-of-way of Western Avenue to the north line of the first east/west alley south of Western Avenue for a distance of approximately 132 feet and a width of 14 feet. Part located in South Bend Industrial Park Addition, City of South Bend, 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 alley to be vacated is described as the first north/south alley east of Warren Street from the south right-of-way of Western Avenue to the north line of the f first east/west alley south of Western Avenue for a distance of approximately 132 feet and a width of 14 feet. Part located in South Bend Industrial Park Addition, City of South Bend, 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: 18-4018-0618 #225 18-4014-0470 #199 SECTION IV. The purpose of the vacation of the real property is when my parking lot is full, my customers tend to park in the alley, thinking it is part of the parking lot and several times the police have come out and given warnings and/or tickets to the cars parked there even though a drive thru lane was left open in the center of my parking lot. Also, I would like to get the whole lot paved, which includes the alley to the west of the bar. The alley separates the bar and my parking lot. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and subject to the conditions set forth in the June 12, 2000 letter of the Board of Public Works, which is on file in the Office of the City Clerk. Member of the Common un it 1st READING S-ZL-DO PUBLIC HEARJNG (~,'~L'OC~ 0.S Ame~Q-~ 3 rd READING; 40 -\L-o p ~ 5 /~ yv~,e~t NOT APPROVER REFERRED ~_ P.w- 11 PASSEfl b -\y_D~ Gls o~,mo,~~~d i*tl~d in Cleric's ~~fiC~ J U P~ 13 2000 LOZ~:TT.~J. [D1dItA CfTYCl.ERrC, ~i't. [3~f:i1, !?!. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 44-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF WARREN STREET FROM THE SOUTH RIGHT-OF-WAY OF WESTERN AVENUE TO THE NORTH LINE OF THE FIltST EAST/WEST ALLEY SOUTH OF WESTERN AVENUE FOR A DISTANCE OF APPROXIMATELY 132 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN SOUTH BEND INDUSTRIAL PARK ADDITION, 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, as amended, as follows: Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and subject to the conditions set forth in the June 12, 20001etter of the Board of Public Works, which is on file in the Office of the City Clerk. Andrew Udj ak Chairman .~ ~ PETITION TO VACATE PUBLIC RIGHTS-OF-WAY ,(STREETS/ALLEXSi TO THE COMMON COUNCIL DATE: `~ ~~JO~ OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. B. NAME (signed & printed) }~y~2t.rJ ~~~~ ~~s ADDRESS ~ of a w • w ~-~eaz-~J ~o ~ a w - y~-~-c.,rz-nJ RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 219-235-9221 LOT $ !~ 9 a~ r' ~~~d tm ~ierBt's ~ffic~ f•9A~ 0 8 2000 ~ ~.~A ~. DUDt~ cmrct~~ss, so. ©~r:D, it;, s CONTACT PERSON (S) NAME: GLe~f I ,' ADDRESS: _ _ COI ~ W . W~/l~ PHONE : ~ I ~ ~-~~ Z THE ALLEY DESCRIBED AS: 18-4096 -3581.18 WESTERN 255 1254 253 ~ 14' .~ ` ~ ,~o 1 ~ N O ~ O 1 ' ~ ~ 13 2' °C 227 226 2 5 199 198 197 ~ ~ o0 0 cD 0 i co 0 ~ ~p 0 1~ 0 - - -0471.01 i~ I I AVE. ~ 1,71 ~ 170 ~ 169 256 ~ N _y, 228. 0 i n 0 200 i 172 ' 257 ~ -~-'~~ 229 0 0 ~ 201s~~ 173 i i ~ 258 ~ 230 0 0 "f 202 ~ 174 i i 259 ° 0 231 "" 203_ 0 175 ~ 1- z 260 w 232 204 Z 176 --- ~ 261 ~ 233 -- 205 177 ------ Q --- ~ -- - ---- ----- 262 234 206 178 ALLEY VACATION LEGAL DESCRIPTION 143 I i'i~~~ ilk Ciertc's ~f~ic~ P~1A~° 0 i3 2a~a ~~vLO.*.irra d. Duct.. The alley to be vacated is described as the first north/south alley east of Warren Street from the south right-of--way of Western Avenue to the north line of the first east/west alley south of Western Avenue for a distance of approximately 132 feet and a width of 14 feet. Part located in South Bend Industrial Park Addition, City of South Bend, St. Joseph County, Indiana. 1316 COUNTY-CITY $UlLDiNG SOUTH SEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE; MAYOR BOARD OF PUBLIC WORKS June 12, 2000 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of an Alley 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 submitted to the Common Council concerning the following vacation: The first north south alley east of Warren Street from the south right of way of Western Avenue to the north line of the first east west alley South of Western Avenue for a distance of approximately 132 feet and a width of 14 feet. Part located in South Bend Industrial Park Addition, City of South Bend. St. Joseph County, Indiana. The Board of Public Works received favorable recommendations from the Engineering Department, Department of Economic Development, Solid Waste, Fire Department, Police Traffic Department, and the City Attorney's Office, subject to any utility easements that maybe required. The City Engineer submitted the following comments: an easement will be needed to allow trucks northbound in the remaining alley to turn east and west to the cross alley; the site will need to be planned and engineered for access control including paving the vacated alley and parking lot; making improvements to the Western Avenue sidewalk to either close the curb or construct a driveway approach common to separate lots with common ownership currently; and obtaining a driveway permit for access from the east west alley. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, gel .Jacob, Cle k Attachments