HomeMy WebLinkAboutVacation - Alley - First is north of Lincoln Way West between Cottage Grove AvenueORDINANCE No.
9106-00
Passed by the Common Council of the Ciry of South Bend, Indiana
Attest:
Attest:
April 10, 00
20
Presented by me to the Mayor of the City of Soutlt Bend, Indiana
April 11, 20 00
Ciry Clerk
President of Common Council
City Clerk
Approved and signed by me April 11, 20 00
Mayor
Ordinance No. ~ ' ~~ ~~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The first east/west alley north of Lincoln Way West between Cottage Grove Ave. and the
first north south alley east of Cottage Grove Ave., the first east/west alley south of
Lindsey between the first north south alley west of Scott St. and Scott St., the first and
third eastJwest alleys south of Lindsey St. between Scott St. and the first north south alley
east of Scott St., and the first eastJwest alley south of Lindsey St. between Leland Ave.
and the first north south alley east of Leland Ave.
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 ORDINATED 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:
1. The alley to be vacated is the first east/west alley north of Lincoln Way West from the east
right-of-way of Cottage Grove Ave. to the west right-of-way of the first north south alley east
of Cottage Grove Ave. for a distance of 128 feet and a width of 14 feet. Part located in
Cushing and Lindsey's Sub., South Bend, St. Joseph County, Indiana.
2. The alley to be vacated is the first east west alley south of Lindsey Street from the east right-
of-way of the first northlsouth alley west of Scott Street to the west right-of--way of Scott
Street for a distance of 160.38 feet and a width of 9.9 feet. Part located in Miller's Sub. of
Pt. Bank Outlot 113, South Bend, St. Joseph County, Indiana.
3. The alley to be vacated is the first east/west alley South of Lindsey Street from the east right-
of-way of Scott Street to the west right-of--way of the first northlsouth alley east of Scott
Street for a distance of 160.38 feet and a width of 15.18 feet. Part located in Miller's Sub.
of Pt. Bank Outlot 113, South Bend, St. Joseph County, Indiana.
4. The alley to be vacated is the third eastJwest alley south of Lindsey Street from the east right-
of-way of Scott Street to the west right-of-way of the first north/south alley east of Scott
Street for a distance of 160.38 feet and a width of 9.9 feet. Part located in Kent's Sub. of
Bank Outlot 114 & Pt. Bank Outlot 113, South Bend, St. Joseph County, Indiana.
5. The alley to be vacated is the first east/west alley south of Lindsey Street from the east right-
of-way of Leland Ave. to the west right-of-way of the first north/south alley east of Leland
Ave. for a distance of 132 feet and a width of 14 feet. Part located in Burrough's Sub. of
Outlot 115, 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:
Lots 23, 25 and 24, 9 and 10, 11 and 10, 8 and 24, and 24 and 23
SECTION IV. The purpose of the vacation of the real property is to provide abutting
property owners with additional open space/side yards and to help eliminate drug traffic in a high
density residential area.
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.
Member of the Common o ncil
+, i FADING 3'21'Oa
,:,LIC HEARING ~-~~ '~~
rd READING ~ \0-0~
iOT APPROVED
,;EFERRED
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
32-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST EAST/WEST ALLEY NORTH OF LINCOLNWAY WEST
BETWEEN COTTAGE GROVE AVE. AND THE FIRST
NORTH/SOUTH ALLEY EAST OF COTTAGE GROVE AVE., THE
FIRST EAST/WEST ALLEY SOUTH OF LINDSEY BETWEEN THE
FIRST NORTH/SOUTH ALLEY WEST OF SCOTT ST. AND
SCOTT ST., THE FIRST AND THIRD EAST/WEST ALLEYS
SOUTH OF LINDSEY ST. BETWEEN SCOTT ST. AND THE
FIRST NORTH/SOUTH ALLEY EAST OF SCOTT ST., AND THE
FIRST EAST/WEST ALLEY SOUTH OF LINDSEY ST. BETWEEN
LELAND AVE. AND THE FIRST NORTH/SOUTH ALLEY EAST
OF LELAND AVE.
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
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
,LSTREETS/ALLEY32
TO THE COMMON COUNCIL DATE:
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS : ,~~ ~~ / ~~1
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B. THE STREET DESCRIBED AS:
_/ ~~~~( S~i U"1 ~~~
NAME (signed & printed) ADDRESS LOT #
~~~ni/Z~c~vvL- Z32-°t 1~Z
CONTACT PERSON (S)
NAr~
RETURN TO:
OFFICE OF THE CI'
LORETTA J. DUDA,
ROOM 455-COUNTY-~
SOUTH BEND, IN 4~
219-235-92.
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PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
~3TREETS/ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE:
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
Pagelof2
Selected east-west alleys located in the area bounded by Lindsey St. on the
north, Cottage Grove on the west, Lincolnway West on the south and the north-south
alley east of Leland on the east.
B. THE STREET DESCRIBED AS:
NAME (signed & printed) ADDRESS LOT ~
~'
CONTACT PERSON (S)
NAME:
~~~OFFICE OF THE CI Y~~a~"6i l`s~~'f~ct~~ ~f bRESS:
LORETTA J. DUDA, CI CLERK
ROOM 455-COUNTY- ITY B(~~~~Ii~G'~ 2QQ0
SOUTH BEND, IN 4 601
219-235-92 1 ""' ~
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY Page 2 of 2
(STREETS/ALLEY31
TO THE COMMON COUNCIL DATE: ~/~~~~
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
Selected east-west alleys located in the area bounded by Lindsey St. on the
north, Cottage Grove on the west, Lincolnway West on the south and the north-south
alley east of Leland on the east.
8. THE STREET DESCRIBED AS:
NAME (signed & printed)
ADDRESS
~o ~~ Sco-C`~
LOT $
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CONTACT PERSON (S)
NAME: ~F_ o,~ ~g,~/ J~F„/l.,Q~(
RETURN To:
OFFICE OF THE CI Y~C~,'~5~~ ~~~E'i~~~ ~j
LORETTA J. DUDA, CIT RiC~--
ROOM 455-COUNTY- ~ ITY BC~~~.¢I~G ~ ~~
SOUTH BEND, IN 4 601 t~la ? ~•
219-235-92 1 ,. „~j
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PETITION TO VACATE PUBLIC RIGHTS-OF-WAY Page 2 of 2
~3TREET3/ALLEYS)
TO THE COMMON COUNCIL DATE: ~`~~( ~ '~ 1
OF THE CITY OF SOUTH BEND, INDIANA
I (WE}, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
Selected east-west alleys located in the area bounded by Lindsey St. on the
north, Cottage Grove on the west, Lincolnway West on the south and the north-south
alley east of Leland on the east.
B. THE STREET DESCRIBED AS:
NAME (signed & printed)
~~='1/~/ j'ALM E2
~L
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V~C~ ~ RLS~OFNr -,,F J~V_~nC_
ADDRESS
~ ~ ~--I 1~1oc~c~
LOT $
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CONTACT PERSON (S)
NAME : / U H r/ ,' ~} ~ ~ C- R
RETURN To:
OFFICE OF THE ITY
LORETTA J. DUD ,~~
ROOM 455-COUNT -CI
SOUTH SEND, IN 466
219-235- 221
,CI~ERR~;e .,~ , ~~o1G., DRESS:
CY BgUILDING
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PETITION TO VACATE USLIC RIGHTS-OF-WAY
1 STREETS/F :.LEI S 1
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE:
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
.i'~~`7C-~.~~ 1~7,5~`Lt)-PI~/l ~~tU~ ~C~O~~"(~!,~ /,~i `~~fJ <i(>a ~CUI ~~~ :+~ ~'VI ~/J~ f ~~~~ ~~~ ~"'l T'~1~
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B. THE STREET DESCRIBED AS:
NAME (sigaed & printed) ADDRESS
~~~ ~'~t~x~i /605" .d/~~G
~~ ~~~~~
'.t?~~ .lfu Z
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CONTACT PERSON (S)
LOT ~
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NAME:
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS:
LORETTA J. DUDA, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
219-235-9221 PHONE:
PETITION TO VACATE PUBLIC RIGHTS-OF-WAX
~STREETSIALLEYS1
Pagelof2
TO THE COMMON COUNCIL DATE:
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
Selected east-west alleys located in the area bounded by Lindsey St. on the
north, Cottage Grove on the west, Lincolnway West on the south and the north-south
alley east of Leland on the east.
B. THE STREET DESCRIBED AS:
NAME (signed & printed) ADDRESS LOT #
Li -~~~.I ~c,e_ G ~ ~ ~(,~(.c~~. 5-3 y ~. Sc o~-~ S`f' ~ Zpj~j ~lcl 7
CONTACT PERSON (S)
NAME:
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS:
LORETTA J. DUDA, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
219-235-9221 PHONE:
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY Page 2 of 2
L~~E~3'SL_ ,~Q~
TO THE COMMON COUNCIL DATE: ~/~r~~
OF THE CITY OF SOUTH SEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
Selected east-west alleys located in the area bounded by Lindsey St. on the
north, Cottage Grove on the west, Lincolnway West on the south and the north-south
alley east of Leland on the east.
B. THE STREET DESCRIBED AS:
NAME (signed & pe~r//inted) ADDRESS LOT #
~lc_n ~ lC~rSc.~ S~ ~o I~ Sco~-'~ lL-
~U ~ ~i9 G+Cf~D ~,3.~
CONTACT PERSON (S)
RETURN To:
OFFICE OF THE CITY CLERK
LORETTA J. DUDA, CITY CLERK
ROOH 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
219-235-9221
NAME : ~ F_ 0,2 I~g,/ ~i~.aZR~(
ADDRESS: (p7tio /~ ~!c}~~C-/,~~~~
~~~n16~n~ /~ Q~~ 3 _
PHONE: (2.{q)~j.3.S"SZ~ CIOQ,~- q•o~c~y)
PETITION To VACATE PUBLIC RIGHTS-OF-WAY Page 2 of 2
(STREETS/ALLEY31
TO THE COMMON COUNCIL DATE : ~ /~, ~ r ~ 1
OF THE CITY OF SOUTH BEND, INDIANA ''
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
Selected east-west alleys located in the area bounded by Lindsey St. on the
north, Cottage Grove on the west, Lincolnway West on the south and the north-south
alley east of Leland on the east.
B. THE STREET DESCRIBED AS:
NAME (signed & printed) ADDRESS LOT #
- .~--H~ ; AzM E~z ~~~-I ~~a~,~ a3
~
~ ,~
V~Cti ~ RLSIOFNr ~F J?V.,,.,c,
CONTACT PERSON (S)
NAME: J C7 H r/ 1~ A ~ .N C- R
RETURN TO: .
OFFICE OF THE CITY CLER]C ADDRESS: ~~ y _
L~ l'1~~/D ~vcr.
LORETTA J. DUDA, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING ~ C ,y r, r ti ~I 6 G1
r `~ `' T'1 ~
SOUTH SEND, IN 46601 r
219-235-9221
PHONE: \\
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Community & Economic Development
P l a n n i n g & Neighborhood D e v e l o p m e n t
1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601- 1830
To: Charlotte Pfeifer, President, Common Council
From: Jennifer J. Mielke, Piannel~~/"' I
Subject: NNN Alley ~,~acation Request
Date: March 23, 2000
Phone 219/235-9660
~ SpUTH 6
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F'L ~ /~i
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1865
Fax 219/235-9697
The purpose of this memo is to provide you with a description of the Near Northwest
Neighborhood alley vacation process as requested by Cathy Cekanski - Farrand.
Since 1991, the Near Northwest Neighborhood, Inc. (NNN, Inc.) has planned to seek a
reduction in the number of east-west alleyways in the neighborhood. Page 14 of the 1992
Near Northwest Neighborhood Housing and Community Revitalization Plan states that the
NNN, Inc. should partner with the City to vacate alleys in the neighborhood. These
alleyways pose maintenance and crime problems and adversely affect property values. In
1998, the NNN, Inc. received $100,000 in CDBG funds to implement four (4) zones of
alley closures. Because of funding constraints and time, the overall project has been
reduced to three (3} zones (A, B & C), two of which are before Council in the form of
vacation requests.
After much discussion between various City Departments it was decided that the best
method to complete this project would be to "close" the alleys through BPWs, do the
construction, and then vacate the alleys.
Since 1998, the NNN, Inc. was responsible for coordinating all the outreach to affected
property owners and to the rest of the neighborhood. The NNN, Inc. sent certified letters
and consent forms, which were reviewed by Legal staff, delivered flyers, held public
meetings, and obtained signatures on the petitions to vacate alleys. (Please see attached).
Any property owner who did not want their alley vacated was removed from the list.
City Departments reviewed the list and removed any alley that access was a concern. It
was the intent to have the BPWs "close" the alleys before construction, but since the NNN,
Inc. did all of the outreach to property owners it was thought there was no need to go
through that process. On April 19, 1999, the BPWs awarded the construction contract to
L.E. Barber to remove the alley beds, replace it with sod, and curb the approach. All the
construction has been complete, so the last phase of zones A&B is to vacate the alleys
through Common Council.
As best as I can understand, even though the original intent was to have BPWs "close" the
alleys before construction, Carl Littrell does not think it hindered the process because the
NNN, Inc. did such an extensive outreach effort to notify abutting property owners.
I hope this helps to clarify the process. I am available to answer any questions the Council
or Cathy may have. Please call me C~ 235 7602. Thank you.
Attachments
cc: Pam Meyer, Director, P&ND
Rita Kopczynski, Director, NNN, Inc.
File
t~9~R 2 ~ 2000
lG~:~r TTt6 J. D'~J~d1 ~
BOARD OF PUBLIC WORKS
CITY OF SOUTH BEND, INDIANA
PUBLIC WORKS CONSTRUCTION CONTRACT
THIS AGREEMENT, made and entered into this ~ day of ~~~~' ,19-1' by and
between, L.E. BARBER 1200 EAST NAPIE BENTON HARBO MICHIGAN 49022
hereinafter called the Contractor and the Board of Public Works herein called the "Board".
WITNESSETH: That the Contractor covenants and agrees to make the following improvement, as
fully set out in the Notice to Contractors, Standard Specification, Special Provisions, Plans, and Bid
Proposal for:
PROJECT NO. 98-12
DESCRIPTION: NEAR NORTHWEST NEIGHBORHOOD ALLEY CLOSURES
IMPROVEMENT: REMOVAL AND REPLACEMENT OF CONCRETE CURBS
SIDEWALKS AND APPROACHES, GRADING LAWN
RESTORATION AND OTHER APPURTENANT WORK
COMPLETION DATE: CONTRACTOR SHALL CONTACT ENGINEER ON OR ABOUT
MARCH 30 1999 TO OBTAIN INSTRUCTIONS ON NOTICE TO
PROCEED COMPLETION DATE FOR ALL WORK IS MAY 15,
1999
The unit prices for this improvement were those prices as received and accepted by the Board on the
21ST day of DECEMBER 1998
The Contractor agrees to guarantee the materials and workmanship against any defects for a period
of three (3) years from the date of final acceptance of this improvement by the Board. Upon written
notice from the Board the Contractor will remove and replace with no cost to the Board, any
defective workmanship or materials which may appear within the warranty period and pay for any
damage to other property caused by this defect.
The Contractor further agrees to notify the Engineer when this improvement is completed. This
notification shall be in the form of a completion Affidavit, signed by the Contractor. Upon final
acceptance of the improvement by the Engineer, the Contractors final estimate will be presented to
the Board for final Payment.
CONTRACTOR
CERTIFICATION (To be completed if Contractor is a Corporation)
I, Leov E l~a,ede~e ,certify that I am Secretary of the Corporation named as
Contractor herein; that 1~0 ~ ,E P~ _ who signed this Agreement on behalf of the Contractor
was then _ _ of said Corporation; that said agreement was dulysigned for and in
behalf of said Corporation by authority of its gove 'n body, and is within the scope of its corporate
powers.
Corporate
Sec etary (SE
CONTRACT AMOUNT: $52,131.90
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1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN ,J. LUECKE~ MAYOR
BOARD OF P>L7BLIC WORKS
April 10, 2000
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Vacation of Public Property
Dear Council Members:
PxoNE219/235-9251
FAx 219/235-9171
TDD 219/235-5567
In accordance with Municipal Code Section 18-53.8, favorable recommendation is
submitted to the Common Council concerning the following vacation:
The first east/west alley north of Lincolnway west between Cottage Grove Avenue and the
first north/south alley east ofCottage Grove Avenue, the first east/west alley south ofLindsey
between the first northlsouth alley west of Scott Street and Scott Street, the first and third
east/west alleys south ofLindsey Street between Scott Street and the first north/south alley
east of Scott Street and the first east/west alley south of Lindsey Street between Leland
Avenue and the first north/south alley eat o Leland Avenue.
The Board of Public Works received favorable recommendations from the Engineering
Department, AreaPlan Commission, Department ofEconomic Development, Fire Department, Solid
Waste, Police Traffic Department, and the City Attorney's Office, subject to any utility easements that
maybe required.
Therefore, the Board submits to you a favorable recommendation concerning this vacation.
Sincerely,
~ ~-~.~~
e a~ICacob, Cle
Attachments