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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 LOR~TTAJ. WDA CI'fYCl.ERtt, 30. BEND.IN. __ 1 / i~ • , . 2 / ~O< -156612 ~ ~~N -ADD 2 3 ~~S T \ / 4 ' S 14 15~6~ -1570 6 'mac 15 ~ 1568 . ~,e 1571 ° _:~ !% . =~ 73~" .~ 18 17 c.~7 _cr, 19 = ~`~~' 157 ,N `_ ,v -f.,.. ~ 1575 i% 5 ===k„~~ 20 7Q 19_1576. ._-° _~ L ~~=__;?; ~ 21 ~ -158020 _;~ 22 ~ 8 1 21 .~~~ 23 22 J ~ 24 U 23 ~` Q ~~ 81 5 ~~\y 80 24 68 ~ 79 ~ ~ 24 69 ~ 78 70 77 7 ~ -1511 7 -1512 ~ - 1572 '` 2 8 ~~2 2 ' ~~J~-1513/ . 9 ~ 26 -1514 91577 -1515 ~ 30 1 35 25 10 ~~ -1516 '31 ~ ~v~ -1578 ~ ~ • 24 32 ~ r R 111579' ~ - ~ 1517 i 23 36 W z 33 -1518 ~ 22 2 5-158 Q -1519 ~ 34 ~~~, J 21 ~ ~ I ~, ~~ 26 m 20 _ ~ 27 19 18 19 17 28 ~ 16 15 ~/ ~ 14 29 Y " 13 ST 67 21 22 66 23 2 4 4 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~~ ~~ 4 ~~ 2 f i~9~ 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