HomeMy WebLinkAboutAlley Vacation - West of Burns Street - Shown on the recorded plat of Hartman & Miller's plat as the same is recorded.• '
ORDINANCE No.
9075-00
Passed by the Common Council of the City of Soutlt Bend, Indiana
January 10, 00
20
Attest:
Attest:
Presented by me to the Mayor of the Ciry of South Bend, Indiana
January 11, 20 00
City Clerk
President of Common Council
City Clerk
Approved and signed by me January 11, 2p 00
Mayor
ORDINANCE NO. -1 O ~ S ~ ~~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY
The first 12 foot wide north-south alley lying West of Burns Street, bounded on the South
by the Northerly right-of--way line of South Bend Avenue and bounded on the North by the Westerly extension
of the North line of Lot 90 as shown on the recorded plat of Hartman & Miller's Plat as the same is recorded in
the office of the Recorder of St. Joseph County, Indiana. Said alley to be vacated is 12 feet in width East and
West and extends 194.2 feet north (as measured along its centerline) from the Northerly line of South Bend
Avenue to the end of the proposed vacation.
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 first 12 foot wide north-south alley lying West of Burns Street, bounded on the South by the
Northerly right-of--way line of South Bend Avenue and bounded on the North by the Westerly extension of the
North line of Lot 90 as shown on the recorded plat of Hartman & Miller's Plat as the same is recorded in the
office of the Recorder of St. Joseph County, Indiana. Said alley to be vacated is 12 feet in width East and West
and extends 194.2 feet north (as measured along its centerline} from the Northerly line of South Bend Avenue
to the end of the proposed vacation.
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 maybe injuriously or beneficially affected by such vacating:
Lots Numbered 53, 54, 55 and 90 of Hartman & Miller's Plat
SECTION IV. The purpose of the vacation of the real property is to create a more desirable property and
provide more efficient use of the abutting lots 53, 54, 55 and 90 as they are all owned by the same people.
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 17,-1f-5~ ~'d~~t~ ~Qn ~~~~~dc~°~-------~-
PUBLIC HEARIPdG ~-?D-~~ ~ ~~~~"
3rd READING ~ -1d-O~ C p
NOT APPR0~1L•D DL~ 0 ~ 1J99
REFERRED _
PASSED ~~\0^D6 L'DnET'r~1J. QtfrJJi
C!T'fCLIrF~i~,~D,Er"_Prn tP9.
[~
Member of the Common C cil
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
108-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST 12 FOOT WIDE NORTH-SOUTH ALLEY LYING
WEST OF BURNS STREET, BOUNDED ON THE SOUTH BY THE
NORTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE
AND BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION
OF THE NORTH LINE OF LOT 90 AS SHOWN ON THE
RECORDED PLAT OF HARTMAN & MILLER'S PLAT AS THE
SAME IS RECORDED IN THE OFFICE OF THE RECORDER OF
ST. JOSEPH COUNTY, INDIANA. SAID ALLEY TO BE
VACATED IS 12 FEET IN WIDTH EAST AND WEST AND
EXTENDS 194.2 FEET NORTH (AS MEASURED ALONG ITS
CENTERLINE) FROM THE NORTHERLY LINE OF SOUTH BEND
AVENUE TO THE END OF THE PROPOSED VACATION
Respectfully report that at their committee meeting held on January 10`''' 2000 due to a lack of a
quorum, this bill comes to the full Council with no recommendation.
Andrew Udj ak
Chairman
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE:
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The first 12 foot wide north-south alley lying West of Burns Street, bounded on
the South by the Northerly right-of--way line of South Bend Avenue and bounded on the
North by the Westerly extension of the North line of Lot 90 as shown on the recorded
plat of Hartman & Miller's Plat as the same is recorded in the office of the Recorder of
St. Joseph County, Indiana. Said alley to be vacated is 12 feet in width East and West and
extends 194.2 feet north (as measured along its centerline) from the Northerly line of
South Bend Avenue to the end of the proposed vacation.
B. THE STREET DESCRIBED AS
Fames Sharpe (/
805 West Edison Road
Mishawaka, Indiana 46545
219-232-1444 (work)
(does not apply)
Lots 51, 52, 53, 54, S5, 90, and
91 of Hartman & Miller's Plat
Theresa Sharpe
Contact Person
Lang, Feeney & Associates, Inc.
Terrace D. Lang
715 South Michigan Street
South Bend, Indiana 46601
219-233-1841
DEC 0 0 1999 E
UDew7raJ. G:I~',
= LANG, FEENEY and ASSOCIATES, INC.
~ ~`, ~ LAND SURVEYING -CONSTRUCTION ENGINEERING
''' ~~ /~~ 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601
TELEPHONE 219/233-1841 • FACSIMILE 219/674-0374
WILLIAM D. LANG, PRES.
JOHN B. FEENEY, L.S.
TERANCE D. LANG, L.S.
December 8, 1999
Common Council
City of South Bend
4th Floor County-City Bldg.
South Bend, Indiana 46601
Re: Alley Vacation
To The Common Council,
SUB-DIVISIONS
BOUNDARY SURVEYS
TOPOGRAPHIC SURVEYS
CONSTRUCTION SURVEYS
We request the first north-south alley lying west of Burns Street,
bounded on the south by the northerly right-of-way line of State Road
23 and on the north by the extension of the north line of lot 90 in
Hartman & Miller's Plat. The Petitioners, James & Theresa Sharpe, own
the surrounding property that abuts to the petitioned vacated alley.
By vacating this portion of the alley will create a more desirable lot
for the Sharpes to operate their rental business which shall exists on
both sides of the alley. The vacation of the alley should not adversely
affect the area.
Sincerely,
.s ue
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18-5094
The first 12 foot wide north-south alley lying West of Burns Street, bounded on 1.4snp. Fssney~Assoelatbss~ Ina
the South by the Northerly right-of-way line of South Bend Avenue and bounded on the Land Surveyors, Construction Engineers k Soil Scientists
North by the Westerly extension of the North line of Lot 90 as shown on the recorded 715 South Alichlgan street
South Bend, Indiana 466D1
plat of Hartman & Miller s Plat as the same is recorded in the office of the Recorder of Phone 219-233-1841 Fax 219-674-0374
St. Joseph County, Indiana. Said alley to be vacated is 12 feet in width East and West and File Name Drwn ~ s~oi•
extends 194.2 feet north (as measured along its centerline) from the Northerly line of AAY'S VACATION JMS 1" = 50'
South Bend Avenue to the end of the proposed vacation. ~• Rr. ooc. 0,•wng Na.
12-7-99 19926
1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1H3O
CITY OF SOUTH BEND $TEPHEN,J. LUECKE~ MAYOR
BOARD OF PUBLIC WORKS
January 5, 2000
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Alley Vacation
Dear Council Members:
Pt1oNE 219/235-9251
Fax 219!235-9171
TDD 219/235-5567
In accordance with Municipal Code Section 18-53.8, favorable recommendation, with
qualification, is submitted to the Common Council concerning the following alley vacation:
The first 12 foot wide north-south alley lying west of Burns Street, bound on the
south by the northerly right-of--way line of South Bend Avenue and on the north
by the westerly extension of the north line of lot 90, as shown on the recorded
plat of Hartman & Miller's plat as the same is recorded in the Office of the Recorder
of St. Joseph County, Indiana. Said alley to be vacated is 12 feet in width east and
west and extends 194.2 feet north (as measured along its center line) from the northerly
line of South Bend Avenue to the end of the proposed vacation.
The Board of Public Works received favorable recommendations from the Engineering
Department, Area Plan Commission, Department ofEconomic Development, Fire Department, Solid
Waste, Police Traffic Department, and the City Attorney's Office, with conditions from the following:
En ing eerin~ -Petitioner must provide a means for southbound large vehicles to turn
from the alley to Burns Street.
Solid Waste -Petitioner must have a bubble at the end of the vacated alley so that trucks
can tum around.
Area Plan Commission -Approval is subject to any utility easements that maybe required;
this vacation may also need to be subject to a turning easement for the remaining alley
corner.
Attachments
,JAMES R. CALDWELL LEWIS N. POWELL, P.E. M. CATHERINE RoEMER