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Home My WebLink About9933-09 Vacation - Alley - First north/south alley west of Main street from Wayne St.ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana June 8, 2009 Attest: ~--%-~ ~--~ Mary Beth Wisniewski, Chief Deputy Attest: Presented by me to the Mayor of the City of South Bend, Indiana June 9, 20 09 Ciry Clerk President of Common Council i Gw 1~'lary Beth Wisniewski, Chief Deputy Approved and signed by me~une 10, 20 U9 ~._,_~C~~ e ~ _ City Clerk Mayer ORDINANCE NO. `1 ~(~ 3'~q AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH - . ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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 FIRST NORTHISOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEYFOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY lS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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 271, 272, 273 OWNED BY INDIANA BELL TELEPHONE CO. -LOT 280 OWNED BY INDIANA BELL TELEPHONE CO. -LOTS 281 AND 282 OWNED BY MARY COYNE INVESTMENTS LLC ALL WITHIN ABOVE REFERENCED PLAT Section IV. The purpose of the vacation of the real property is TO PROVIDE BETTER ACCESS, SECURITY, AND SAFER TRAFFIC FLOW OF THE REDESIGNED PARKING LOT ADJACENT TO THE AT&T BUILDING AT 307 SOUTH MAIN SECTION V. This ordinance shall be in full force and effect from and passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: S~ City le Presented by me to the Mayor of the City of South Bend, Indiana on the ~-~ day of ~ u ~ , 2~, at ~ `-`~-~ o'clock _Fo_. m. after its -` ~~~. City erk ~ ~lep~-~ Approved and signed by me on the /a ~ day of ~- , 2~~ , at t o'clock Q- . m. Mayor, City of uth Bend, Indiana 1 st READING ~ ~ ~~~y PU6LIC HEARING (o ~-~~f 3 rd READWG („ --~''-O~ ~;OT APPROVI=D ,ZEfERRER PASSED. ~ ~~:" O y Filed in Cler{c'~ G~~ice ~~1 AY - 6 2009 JOHPJ VObRDE CITY CLEFK, R0.13E14D, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 35-09 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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. Ann Puzzello Chairperson, Committee of the Whole PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/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: THE FIRST NORTHISOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA B. THE STREET DESCRIBED AS: NOT APPLICABLE, WE ARE PETITIONING TO VACATE THE ABOVE DESCRIBED ALLEY ONLY NAME (signed 8~ printed) Jud Jankow ki - AT&T ADDRESS 307 S. Main Street. Suite 145 South Bend. IN 46601 LOT # 271, 272, 273, 280 PRESENTERS: Judy Jankowski-AT&T or Larry Prickett-AT8~T Project Manager (574) 234-7626 240 N. Meridian Street, Room 120 Indianapolis, IN 46204 (317) 265-4403 CONTACT PERSON (S) RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, fN 46601 574-235-9221 NAME: Eric W. Tiahrt, P.S. -Jacobs ADDRESS: 30800 Telegraph Road, Suite 4900 Bingham Farms, MI 48025 PHONE: (248) 633-1475 i~C~~'S Qi~il;~ ,~ AY - 6 2009 ~r4?!~ VL`Gt~uc ~ fi.®, gEP1D CITY CiF~~~ w I I I I I I 18-3008-0251 I C I I I I I I I I I I I I I a ~ I I i ~ Q I I I I U j I ~ I ~ p~ W 018-300B~0259 I O] I O I I - I I J I I I I I J ¢ I I I I I O 8.3008.0255 I I I I I I I I 1 I I 18-3005-0262 00 ~ 1 / o 18.3000-OZ63 / O / / / O / 18-3008-0264 0 ~'. ~/ i X18-3008-0265 E ~ 18-3000-0266 0 iB-3000-D207 `a.. ~ ' LEGAL DESCRIPTION ti~ The alley to be vacated is the first NorthlSouth alley West of Main Street from Wayne Street South to the first East/West alley for a distance of 198 feet, more or less and a width of 14 feet. Said alley is a part of the Original Plat of the Town, now City of South Bend, Portage Township St. Joseph County, Indiana. f- F W y M O N c U ~, cD u: m oc l ~ (rj ~ ~ F A ~j 47 °_: U _~ V Thomas J. and Kathleen A. Herrman ~ 6910 Gumwood Road Granger, IN 46530 C~ Richard A. Muessel Jr. 211 West Washington Street Suite 2114 South Bend, IN 46601 Mary Coyne Investments LLC 1428 Hamilton Avenue Cleveland, OH 44114 Indiana Bell Telephone Company Attn: Property Tax Division ~ One Bell Center -Room 36-M-01 St. Louis, MO 63101 First Bank and Trust Company -Trustee P. O. Box 1602 South Bend, IN 46634 Joseph Dzierla 319 South Main South Bend, IN 46601 Arthur Cuenca ~ ~ 4101 Edison Lakes Pkwy. Suite 100 ,t ~ Mishawaka, IN 46545 [ 2 GMS Realty, Inc. l ~.~ P. O. Box 4056 South Bend IN 46634 , .__ .! ~~"'~~ti] 111,yt,i~f<. ~ ~~RfLttiU Fl?6d+~S _ -- - _.- _..... .. h { .~~'~ ~~~ ~~~_~_~~~J~~teJ ..__ _... ~: ~...~_ .~iJG s~c...~.t~.~~ ~tiiuLl~f~ fir.,..... _ _~~{ t.~G.. ~. ~ _ ~.~.... _ _. ,,cat t~~ ~•a ,~C~ (~~ ~ E ~?_{... ~_ - = ~ ~ _ . ~ _ Satz-~ +~ ~.~ ~. ~'_ - - _ `-~__ r ~ .-.-- . 4 ~ ~C`l. ~_ ......_ _. _ ~~ ~-.. - -- ~~1~,. ~~~t;~ .-C~<.a ( _... _. ~tt~fZ.~( CcJ'~I`)t, 1h;Ucs~(t'12~~~~ ~1~~ .. .. .........._. _, __ ._ ___ _ ------'~ Il~~c~~.~--.~t~~Z Gff~_~~ -l`.~~,c- ._ I -~2~ _t-~A~ti~~t~roi~ ~-~E<. .. ... _ _~. '`.~'-_ _ __ _ - --- --- ---- ---- -. _ -~.1-~-.2j~~~~''~2-~,~_ -- __ __ ---_ _ ___. __ p __. -- _- ~.~~`_~~"t'~" ~.k~~L ~ E~L£-F~ftbA~c C0_-_~~T7~.J_.` f~CP/_. __.~C1-{~iSS.._~-.lLi.._G~~~.f}~;1Qti''i~i~'yJII.. ......._-.. ~.}~t,1~7_1~~.~..t...Elu~~~.-~ct:h~ ~~~;-1~-~,~~. L~`4'~5~Cr'~/ tc'~_ ... (~~`~- t~l~~~~1Z~~ _.... - ---~JJJt~NA_~'t'Z_L__tCZE~'Ncu~~.~ +i~j~ !'~i~e~~~f~K,~MS`w' . ~j_yLS t~`I n-~ -.; _ _ - ------- ---- ~-'~~ ~.~=~L_~C~nv~r~._ ~~~ __~5- ~2-G}i_ ------- - _. _.__~~.t~?{~~~ ill-~-bF, ~`~--___ _ ..- ~~s-lets-~~~ ~3c~1_ .--- -.._ ..---- ------- . _ _.- - - --- _ __ _ .._ 1 ~ P ~ri~ntVx~' ---- _ - - ------- ~'- - ~_l_.~ ~~ S ~25 C? - _ _ -/~!~~ Lt2 1~s~ ~t~,~urSriti~~~~"S ,L~C,~ . - --. _.._ .... - - - -- _ - - `{-- Y - -- _- .. _.. _. ----_~~~c.~~~o,ll~~f~~~c.~~ ._. _ ... -- - iii"t~~~~v~~~-. 1~ 46.45._. _ --___.._ ~ `Z - __..... ---..._ ............._ ~~~.J~~-~~~I~~~~A.4_ .._...... .. -........ .... . l _...._....._._. _._..........- _.. .-..__... ~~...~..i4liT..~~. ..._..__ .___...........-.......__ ~_._ ............._._.........__.-....__.._..._..__-._....._........ _. _-__.~a~,J...~~~~..aY~ ~c,~~~f,~~ i rJ_.4.6_E~Q(_ __ _ t .. a'..~L~-~-~`~~r~jV_....~~~.?~ .--- . ~~~ 30800 Telegraph Road, Suite 4900 Bingham Farms, P/~1 48025 (248) 633.1440 Ph (248) 633.1414 Fax Date: May 6, 2009 COVER LETTER TO THE COMMON COUNCIL OF SOUTH BEND, INDIANA Submittal of Ordinance and Petition to vacate an alleyway at 307 S. Main Street To the Common Council: AT&T is proposing to vacate an existing alleyway in downtown South Bend. AT&T operates telecom equipment at 307 S. Main Street. AT&T is proposing to improve the parking lot layout and thereby provide safer traffic flow by installing new gates, fencing, and creating more efficient parking space distribution. Jacobs, as AT&T's Engineer has completed the engineering design for the parking lot improvements, which will be submitted to the City for approval after the alley vacation is approved and recorded. Sincerely, ~~/~ Eric W. Tiahrt, P.S. Jacobs Consultants, Inc. Carter & Burgess, Inc. Carter ~ Burgess Consultants, Ina. CS,S Architects(Engineers, tne. C&S Architects/Engineers, P.C. C&8 hlevada, Inc. 1316 CoUN~rv-CiTV $i11LDING 227 W JEFFERSON I30tREVARD $DUTH BEND, INDf.0.N.A 46601-t83Q CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS March 23, 2009 Mr. Erick Tiahrt Jacobs Engineering Group 30800 Te1eg1•aph Road, Suite 4900 Bingham Farms, Michigan 48025 PHONE 5741235-9251 Fnx 574/235-9171 TDD 574/ 235-55(,7 RE: Alley Vacation -First North/South Alley East of Lafayette and West of S. Main, from Wayne to the First East/West Alley (Preliminary Review) Dear Mr. Tiahrt: The Board of Public Works, at its March 23, 2009, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or ol•derly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to~icking ctp your radius map. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, . Llilda M. Martin, Clerlc c: ~ Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARYA. GiLOT, P.E. DONALD E. INKS JOHN H. MURPHY PRESIDENT MEMBER MEMBER