HomeMy WebLinkAboutVacation - 2nd e/west alley s of LWWest from w right-of-way of Blaine to e right-of-way of 1st n/south alley w of Blaine. r
ORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
November 22,
Attest:
~.
Attest: ~.:.
Presented by me to the Mayor of the City of South Bend, Indiana
November 23,
NBvember 29
City Clerk
Approved and signed by me
9054-99
19 99
City Clerk
President of Common Council
19 99
19 99
~~~~_
Mayor
ORDINANCE NO. ~ S ~ ~' ~ 1
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The alley to be vacated is the second east/west alley south of Lincoln Way West from the west
right-of--way of Blaine Avenue to the east right-of--way of the first north/south alley west of Blaine
Avenue for a distance of approximately 102.2 feet and a width of 12 feet. Part located in the Sub.
of Outlot D, Klingel's Michigan Avenue Add. and Lederer's Sub. of Outlot A, 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 L 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 second east/west alley south of Lincoln Way West from the west
right-of--way of Blaine Avenue to the east right-of--way of the first north/south alley west of Blaine
Avenue for a distance of approximately 102.2 feet and a width of 12 feet. Part located in the Sub.
of Outlot D, Klingel's Michigan Avenue Add. and Lederer's Sub. of Outlot A, 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, 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:
18-1036-1577 Lot 9, Sub. of Outlot D, Klingel's Michigan Avenue Add. (537 N. Blaine
Street, South Bend, IN)
18-1036-1572 Lot 8, Sub. of Outlot D, Klingel's Michigan Avenue Add. (601 N. Blaine
Street, South Bend, IN)
SECTION IV. THE PURPOSE OF THE VACATION OF REAL PROPERTY IS TO
Allow the Blakley's to join their two lots, which are on either side of the alley, so that they may
provide adequate off -street parking for their vehicles.
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.
1st READING (~ _ g -~
PUBLIC HEARING lI-L~'q~
3 rd READING ~~ ` Z-~-~ ~
NOT APPROVED
REFERRED'~~ P~ W
PASSED ~~-Z2'S~
Filed in Clertz's ~ffic~
t~ 0 ~ Q i 1999
LORE'TTA J. Di1DA
CITY Cl.ERtS~ 80. BEND. Btd~
f~~n~._.
Member of the Common Council
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
88-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS THE SECOND EAST/WEST
ALLEY SOUTH OF LINCOLNWAY WEST FROM THE WEST RIGHT-
OF-WAY OF BLAINE AVENUE TO THE EAST RIGHT-OF-WAY OF
THE FIRST NORTH/SOUTH ALLEY WEST OF BLAINE AVENUE
FOR A DISTANCE OF APPROXIMATELY 102.2 FEET AND A
WIDTH OF 12 FEET. PART LOCATED IN THE SUB. OF
OUTLOT D, KLINGEL'S MICHIGAN AVENUE ADD. AND
LEDERER'S SUB. OF OUTLOT A, 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.
Charlotte Pfeifer
Chairman
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS AND ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: 10/28/99
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY(S) DESCRIBED AS:
The alley to be vacated is the second east/west alley south of Lincoln Way West from the west right-of-
way of Blaine Avenue to the east right-of--way of the first north/south alley west of Blaine Avenue for a
distance of approximately 102.2 feet and a width of 12 feet. Part located in the Sub. of Outlot D, Klingel's
Michigan Avenue Add. and Lederer's Sub. of Outlot A, City of South Bend, St. Joseph County, Indiana.
NAME (printed and signedL ADDRESS
537 N. Blaine Street,
chi South Bend, IN
Clarence Bla y
LOT #
7 ~. -- 601 N. Blaine Street, Lot 8, Sub. of Outlot D, Klingel's
South Bend, IN (vacate Michigan Avenue Add.
Clarence Blakley lot)
CONTACT PERSON:
Clarence Blakley
537 N. Blaine Street
South Bend, IN 46616
(219) 232-2875
Fi(~d In ~leriz'~ ®ffiC~
t; 0 t~ 0 1 1999
LORgTTAJ. WDA
CITY CLERIC, 80. BEHD~ Ill.
Lot 9, Sub. of Outlot D, Klingel's
Michigan Avenue Add.
October 28, 1999
Dear Members of the Common Council:
My wife and I are desirous of having that portion of the alley described in the petition vacated so
that we might join the lot which I own on one side of it to our house which is on the other side.
By doing this, we will be able to provide adequate (and legal) off-street parking for our vehicles.
To this end, we intend to improve the lot for this purpose and perhaps one day build a larger
garage (currently we have one small garage behind our home which is inadequate for our needs).
Our blocks of N. Blaine are very congested. The narrow street is one-way, with street parking
only on one side. This often makes it difficult for residents to park near to their homes. The
congestion will be eased by our taking our vehicles off of the street, and we will also be able to
park next to our own home.
We look forward to a favorable recommendation to vacate this alley.
Sincerely,
(~l
Clarence Blak;ley
537 N. Blaine Street
South Bend, IN 46616
(219) 232-2875
a=iled In Cleriz's ®gfiice
t~ OY 0 ~ 1999
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ALLEY VACATION
LEGAL DESCRIPTIION
The alley to be vacated is the second east/west alley south of Lincoln Way West from
the west right-of--way of Blaine Avenue to the east right-of--way of the first north/south
alley west of Blaine Avenue for a distance of approximately 102.2 feet and a width of
12 feet. Part located in the Sub.of Outlot D, Klingel's Michigan Avenue Add. and
Lederer's Sub. of Outlot A, City of South Bend, St. Joseph County, Indiana.
1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1H3O
CITY OF SOUTH BF,ND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
November 22, 1999
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Alley Vacation
Dear Members of the Council:
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 being
submitted to the Common Council concerning an alley vacation, as follows:
The second east/west alley south of Lincolnway West from the west right-of--way of Blaine
Avenue to the east right-of--way of the first north/south alley west of Blaine Avenue for a
distance of approximately 102.2 feet and a width of 12 feet. Part located in the subdivision
of outlot D, Klingel's Michigan Avenue addition and Lederer's subdivision of outlot A, City
of South Bend, St. Joseph County, Indiana.
For your information, the Board of Public Works received favorable recommendations from
the Engineering Department, Area Plan Commission, Department of Economic 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,
Attachments
~'I~G'~ ~E~ ~~~1'~~`c ~~fE~~
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LOFIzl'iA J. l3!)OA
CrFY CL~F2P;, : D. B~:t~'D, B~ I.
JAMES R. CALDWELL LEWI$ N. POWELL, P.E. M. CATHERINE ROEMF.R