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Home My WebLink AboutVacation - Alley - Notre Dame Ave. , South Bend Ave., Almond Court - Bugbee's AdditionORDINANCE No. s,=~~~ Passed by the Common Coarncil of the City of South Bend, Indiana August 14, Attest: Attest: 20 00 Presented by me to the Mayor of the Ciry ojSoutlr Bend, Indiana August 15, 20 00 City Clerk President of Common Council City Clerk Approved and signed by me August 16 . 20 00 Mayrn ORDINANCE NO. + , ~~ ~ ~o AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVE. FROM THE SOUTH RIGHT-OF-WAY OF SOUTH BEND AVE. TO THE NORTH RIGHT-OF-WAY OF. ALMOND COURT FOR A DISTANCE OF APPROXIMATELY 233.3 FEET AND WIDTH OF 12 FEET. PART LOCATED IN THE BUGBEE'S ADD., 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 the first north/south alley west of Notre Dame Ave. from the south right-of-way of South Bend Ave. to the north right-of-way of Almond Court for a distance of approximately 233.3 feet and width of 12 feet. Part located in the Bugbee's lg` Add., 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: Lot A Bugbee' s 1st Lot 1 Bugbee' s lst Lot 2,3,4 Bugbee's lst Lot 16 Bugbee' s 1st Lot 17 Bugbee's lst SECTION IV. The purpose of the vacation of the real property is to construct a parking lot for the Olivet African Methodist Church congregation. Parking along Notre Dame Ave. and Almond Ct. has caused hardship for surrounding neighbors and for the congregation. 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 it shall be subject to the Petitioner recording an easement agreement providing for cross access arrangements for the owners of Lots 16 and "A". Member of the Com n Council 1st READING ~-~ ~-Oa PUBLIC HEARING ~- 1~,-Oa G r um~~ 3 rd READING ~. \`~-Q ~ c`s p,,,,.a,,,.,~a~ NOT APPROVED REFERRED PASSED ~,1`\-O~f cts 0.~ro~e~c~ ,~,.F. ~'l~C? ~~'i ~si~3~a: ~ ~~e~3~; J U L 2 :~ 2Q0~ ~i111 ~i l.t~. tens: Y. ~7 ~7eii, l~''. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 54-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVE. FROM THE SOUTH RIGHT-OF-WAY OF SOUTH BEND AVE. TO THE NORTH RIGHT-OF-WAY OF ALMOND COURT FOR A DISTANCE OF APPROXIMATELY 233.3 FEET AND WIDTH OF 12 FEET. PART LOCATED IN THE BUGBEE'S ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill comes 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 it shall be subject to the Petitioner recording an easement agreement providing for cross access arrangements for the owners of Lots 16 and "A". Andrew Uj dak Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY ~STREET3/ALLEYS) TO THE COMMON COUNCIL DATE: ZZ O OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: ~~-1~ NOCZT\~ Sow rN A`~.,~,.y Lti1 i -,~ (s C~tc~3~~a.~ ~,ik-~ ~t~ AJ~ . ~9 /~-~.MOr, ~ Ca~2 i Scti~ ~~ ~~ , ll~ . ~~ 61~1$~~,. B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS LOT $ M~-c~a Q~ S i taRc~~t 3'. ~~c_~Fc~¢_D CONTACT PERSON (S) NAME : S~1 A r~ 1G, `~ .h3 ~ ~ RETURN TO: ` OFFICE OF TBE CITY CLERK ADDRESS: (~~{{D ~) /J SION ~2 LORETTA J. DUDA, CITY CLERIC r' I _ C ROOM 455-COUNTY-CITY BUILDING ~' Tl-~ ~~. ~~ 4-lo4~a~ S SOUTH BEND, IN 46601 219-235-9221 PHONE: Z1 ~1 ~ Z~ ~" ~' ~ Ca~1 1' 1 1 _ _10 _ ~ 2 J~J - - - - 8-032 13 1150 14 ~~~Q -1146 51147 -1148 9, ~--- 6 ho 1s ~ -1111 16 ~ -114 4 7 -.-.-- w -1145 17 ~ 8 q -1111.01 .~ ~ 16 ~ '~~p~~' ~ 3 !' -1 08 -1109 ,-1112 ~ q _ _ P~ 14 ,\~ 2 1 ~O /~ -1106 -1110 _1116 3-1113 •~~ OJ 5 ~ W t"' 16 w '~'^ v• 12 _1107 ( 13 ~' 17 4 1105 ~ _``, M OND C . ~, 1121 (, ~ -1120 1 -1118 ~ 1 9 2 6 ~ -112 -1117 -1119 18- 31 7 _1123 ( ~ ( -1125 _ _. _-L_ ~ J(- ------ ALLEY VACATION .~.~ Q W C G Q - 0 W ,, "' O z ~ ---PT~2--- -- PT-13 -- The alley to be vacated is the first north/south alley west ofNotre Dame A ve. from the south right-of--way of South Bend Avenue to the north right-of-way ofAlmond Court for a dfstance ofapproaximately233.3feet and a width of 12 feet. Partlocated m the Bugbee's IstAdd., South Beni Sz Toseph County, Indiana. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN ]. LUECKE; MAYOR PHONE 219/235-9251 Fax 219/235-9171 TDD 219/235-5567 BOARD OF PUBLIC WORKS July 24, 2000 Members of the Common Council Council Chambers t~ ` ~ County-City Building, 4th Floor V J t \ ~ ~ ~_1 ~ ~~"~~ South Bend, Indiana 46601 RE: Vacation of an Alley Dear Council Members: 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 north south alley west of Notre Dame Avenue from the south right of way of South Bend Avenue to the north right of way of Almond Court for a distance of approximately 233.3 feet and a width of 12 feet. Part located in the Bugbee's Add., South Bend, St. Joseph County, Indiana. For your information, the Board received favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department ofEconomic Development and the Department ofPublic Works. Solid Waste noted that residents should be informed to place the trash in the front of the home, should the vacation be approved. The Division ofEngineering recommended approval subject to the owners ofLots 16 and "A" providing cross access agreements to each other. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sinc rely, ~b Angela Jacob, Cle~ ~ Attachments