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HomeMy WebLinkAboutVacation - Alley - first east/west alley North of Angela - Part of Parkovash Addition... ORDINANCE No. aa,as, Passed by the Common Council of the City of South Bend, Indiana AuQUSt 11. 19 97 Attest: Arrest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana President of Common Council August 12, 19 97 City Clerk Approved and signed by me ~~ 19 7 I Mayor ORDINANCE N0. ~ ~/~ ~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first East-West alley North of West Angela Boulevard beginning at the West property line of lot 315, Parkovash Addition to Navarre Place; thence East a distance of approximately 100 feet tb the West right-of-way of West Angela Boulevard and a width of 7 feet. Part located in Parkovash Addition to Navarre Place, City of South Bend, St. Joseph County, Indiana. STATEPIENT 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 ways or pub lic 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 East-West alley North of West Angela Boulevard beginning at the West property line of lot 315, Parkovash Addition to Navarre Place; thence East a distance of approximately 100 feet to the West right-of-way of West Angela Boulevard and a width of 7 feet. Part located in Parkovash Addition to Navarre Place, 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 easemenCs 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 thp•individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: I.o t s 315 and 316 SECTION IV. The purpose of the vacation of the real property is to: Clear overgrown brush and weeds and make land available for construction of a patio and arbor at 303 West Angela Boulevard. 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 ~ I~- g PUBLIC HEARING ~ ~~_ 97 3rd READING~j ~~~-~ 7 / NOT APPROVED REFERRED PASSED 8 -~ ~ -9 ~ ~~ S U,85T ~~ I ~ ~ ~'I Member of the Common Council COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 61-97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF WEST ANGELA BOULEVARD FROM THE EAST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH LAFAYETTE BOULEVARD TO THE WEST RIGHT-OF-WAY OF WEST ANGELA BOULEVARD FOR A LENGTH OF APPROXIMATELY 665.2 FEET AND A WIDTH OF 7 FEET. PART LOCATED IN PARKOVASH ADDITION TO NAVARRE PLACE, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommend to the Council favorably, as substituted Sean Coleman Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE June 17, 1997 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION~YOU TO VACATE: The first East-West a11ey~North of West Angela Boulevard beginning at the West property line of lot 315, Parkovash Addition to Navarre Place; thence East a distance of approximately 100 feet to the West right-of-way of West Angela Boulevard and a width of 7 feet. Part located in Parkvash Addition to Navarre Place, City of South Bend, St. Joseph County, Indiana. NAME (printed and signed) ~s~tl ~R C;P~ST ~ c-L~ - -~,~~~~ C,~~~~~~a Loretta J. Duda City Clerk Room 455, County-City Building South Bend, Indiana 46601 (219-235-9221) ADDRESS LOT4~ •~Ja~ v,! /~rN~~ e-A ~ L s~~ I ~ ~f b Contact Person: !°9~~. 1 ~ I~Jf K~ - LOfi"T"Ti..t. Dilt9'V_..-.~ Name: Paul Costello Address: 303 W. Angela B1. South Bend, IN 46617 Phone: 219-289=1170 Home 219-235-9561 Work ALLEY VACATION THE ALLEY TO BE VACATED IS DESCRIBED AS-THE FIRST EAST-WEST ALLEY NORTH OF WEST ANGELA BOULEVARD BEGINNING AT THE WEST PROPERTY LINE OF LOT 315, PARKOVASH ADDITION TO NAVARRE PLACE; THENCE EAST A DISTANCE OF APPROXIMATELY 100 FEET TO THE WEST RIGHT-OF-WAY OF WEST ANGELA BOULEVARD AND A WIDTH OF 7 FEET. PART LOCATED IN PARKOVASH ADDITION TO NAVARRE PLACE, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ~f=ilea in ~t~rt'~ ~~~tc - -- . - - .~wy~i 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PxorrE 219/235-9251 FAX 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND ~ STEPHEN J. LUECKE, MAYOK BOARD OF PUBLIC WORKS July 28, 1997 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of an Alley Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, an unfavorable recommendation is being submitted to the Common Council concerning the Vacation of a Street, as follows: 'The first east-west alley north of West Angela Boulevard from the east right-of--way of the first north-south alley west of North Lafayette Boulevard to the westright-of--way of West Angela Boulevard for a length of approximately 665.2 feet and a width of 7 feet. Part located in Parkovash addition to Navarre Place, City of South Bend, St. Joseph County, Indiana. The Staff of Area Plan has reviewed this petition and has found that the request does not meet at least one of the standards for vacation, that "the vacation would not make access to the lands of the aggrieved person by jeans of public way difficult or inconvenient." Vacation of this alley would deny access to the garages located on Lots 302, 303, 304, 305, 305, and 307. In addition the property owners of Lots 303 through 307 have not signed the petition to vacate. While this may not affect the legality of the Petition, it is Area Plans' opinion that it is important to note that the property owners that will be denied access by this vacation have not signed the petition to vacate. Area Plan recommends that this petition be denied, unless it is amended to exclude at least the portion of the alley that provides access to Lots 303 through 307. It appears that lots 308 through 316 all have access from Angela. The Department of Economic Development, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works concur. Therefore, Mr. Caldwell made a motion that the Board send an unfavorable recommendation to the Common Council concerning this Vacation Petition. Ms. Roemer seconded the motion which carried Therefore, the Board submits to you an unfavorable recommendation concerning this vacation, subject to an easement. Attachments cerely, ge a acob, Cler JAMES R. CALDWELL M. CATHERINE ROEMER JUL. 22 '97 10~ 25HM S0. BtIYL F 1Kt Lth' I . c17 cts4'~~~~ INTER-OFFICE MEMORANDUM ~ BQARU OF PUBLIC'~VOItKS ..,~ 'n De artment D -~ S radl~n Fn Kneen t TO: Larry p 6 8 P , _J -Jim Voll, Area Plan Commission Larry Magliozzi, Department of Economic Development /Chief Luther Taylor, Fire Department °F Alonzo Adams, Solid Waste - Captain Larry Blume, Police Traffic Department - Michelle Engel, City Attorne 's Office FROM: Angela K. Jacob, Clerk ~; Alley Vacation DATE: July 15, 1997 BY: ATE: 7- Z 2. --y7 r .~ ~r~~~~~ .IU~.1 a ~ •. 13~~ C1T~( QR ~U7H ~eMD !r , ~ k Attached for your review and recommendation is the following alley vacntion: The first east-west alley north of West Angela Boulevard from the east right-of--way of the first north-south alley west of North Lafayette Boulevard to the west right-of--way of West Angela Boulevard fir a lerigtli of approximately 665.2 feet and a width of 7 feet. Pact located in Parkovash addition to Navarre Place, City of South Bcnd, St. Joscph County, Indiana. I would appreciate receiving your comments and recommendation concerning these alley vacations no later than .yuly 24,1997. Thank you. ['OMMENTS & RTCOMMENDATIQNS: ~~ ~/~ ,. ~ __ - f.o y--i4c~ ~ '. .. ~~ - INTER-OFFICE MEMORANDUM ~ ~ " " ~~- BOARD OF PUBLIC WORKS pi~~ .. ~~ ~, ~. : . TO: V-Larry Spradlin, Engineering Department ~ ~~ ,~ , ~~ -Jim Voll, Area Plan Commission . _ . . -Larry Magliozzi, Department of Economic Development - Chief Luther Taylor, Fire Department - Alonzo Adams, Solid Waste - Captain Larry Blume, Police Traffic Department - Michelle Engel, City Attorne 's Office ~~ FROM: Angela K. Jacob, Clerk ~ ~ ' RE: Alley Vacation . DATE: July I5, 1997 Attached for your review and recommendation is the following alley vacation: The first east-west alley north of West Angela Boulevard from the east right-of--way of the first north-south alley west of North Lafayette Boulevard to the west right=of--way of West Angela Boulevard for a length of approximately 665.2 feet and a width of 7 feet. Part located in Parkovash addition to Navarre Place, City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning these alley vacations no later than July 24.1997. Thank you. COMMENTS & RECOMMENDATIONS: ~ /t/~~~ ~ ~~-~.) ~~cv~oLFr~, s /o w.r~~-~cc~3r svs-7'-c~,c~l~Sc !/rfery.,c~y ~fil ~~~6~Or~ .mss TD .~.K~/~ ~- fZ--rig ~v,~ rv ~.y~'/t~itP~i'~' r r ~~~ u.~i,~iGrf /f~f-~ LvTs 3/~-3/~ ws/.c.kssD~6~C-,~4~•a/l...T~1.~E..t ~T~tcC,~.r,P1. rf'~ P~J oeac.TY oc.~,ve~s ,¢,cd s?Ri/rar,J4 ~ ~ .~•~:~ yvn ~ ofTH~s ~cc~crrf~ur ~~T T~F~~ P,Cd/~7y• 7- 22 -5`7 INTER-Ol+ FICE MEMORANDUM BOARD OF PUBLIC WORI{S TO: -Larry Spradlin, Engineering Department - Jim Voll, Area Plan Commission - Larry Magliozzi, Department of Economic Development - Chief Luther Taylor, Fire Department l,~ Alonzo Adams, Solid Waste - Captain Larry Blume, Police Traffic Department - Michelle Engel, City Attorne 's Office FROM: Angela K. Jacob, Clerk RE: Alley Vacation DATE: July 15, 1997 Attached for your review and recommendation is the following alley vacation: The first east-west alley north of West Angela Boulevard from the east right-of--way of the first north-south alley west of North Lafayette Boulevard to the west right-of--way of West Angela Boulevard for a length of approximately 665.2 feet and a width of 7 feet. Part located in Parkovash addition to Navarre Place, City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning these alley vacations no later than July 24, 1997. Thank you. COMMENTS & RECOMMENDAT><ONS: "V % ~ BY: ~ ~ ~-.... ~ ~~~ 4`~, DATE: ~ ~''~~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS . TO: -Larry Spradlin, Engineering Department -Jim Voll, Area Plan Commission - Larry Magliozzi, Department of Economic Development - Cliief Luther Taylor, Fire Department - Alonzo Adams, Solid Waste 1. -Captain Larry 131ume, Police Tragic Department - Michelle Engel, City Attorne 's Office FROM: Angela K. Jacob, Clerk RE: Alley Vacation DATE: July I5, 1997 Attached for your review and recommendation is the following alley vacation: 'The first east-west alley north of West Angela Boulevard from the east right-of--way of the first north-south alley west of North Lafayette Boulevard to the west right-of=-way of West Angela Boulevard for a length of approximately 665.2 feet and a width of 7 feet. Part located in Parkovasli addition to Navarre Place, City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning these alley vacations no I:~ter than July 24, 1997. Thank you. COMMENTS & RECOMMENDATIONS: l{o obiections. however due to the area I see only one family making this request for the entire 665.2 feet. What effect will this have with ther other residence boardering the alley? BYa,~nt Tarry (' R1 ume #147 ~~ DATE: 7 jl fi j97 - .~ Area Plan Commission of St. Joseph County - ~ 1140 County-City Building South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 July 24, 1997 The Board of Public Works 13th Floor, County-City Building South Bend, IN 46601 RE: Bill No. 63-97 -Alley Vacation -The first east-west alley north of West Angela Boulevard from the east right-of--way of the first north-south alley west of North Lafayette Boulevard to the west right-of--way of West Angela Boulevard for a length of approximately 665.2 feet and a width of ap roximately 7 feet. Part located in Parkovash Addition of Navarre Place, City ofpSouth Bend. Dear Board Members: The Staff has reviewed this petition relative to IC 36-7-3-13. It is the Staff's opinion that the request does not meet a least one of the standards for vacation, that "the vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient." Vacation of this alley would deny access to the garages located on Lots 302, 303, 304, 305, 306, and 307. In addition, the property owners of Lots 303 through 307 have not signed the petition to vacate. While this may not affect the legality of the petition, it is the Staff's opinion that it is important to note that the property owner's that will be denied access by this vacation have not signed the petition to vacate. The Staff recommends that this petition be denied, unless it is amended to exclude at least the portion of the alley that provides access to Lots 303 through 307. It appears that Lots 308 through 316 all have access from Angela. Sincerely, loo-~-e mes Voll Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana - ~ ~ PYEC~IV~U J U L 1 7 1997 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: -Larry Spradlin, Engineering Department - Jim Voll, Area Plan Commission ~: -Larry Magliozzi, Department of Economic Development - Chief Luther Taylor, Fire Department - Alonzo Adams, Solid Waste - Captain Larry Blume, Police Traffic Department -Michelle Engel, City Attorne 's Office FROM: Angela K. Jacob, Clerk RE: Alley Vacation DATE: July 15, 1997 Attached for your review and recommendation is the following alley vacation: Tl~e first east-west alley north of West Angela Boulevard from the east right-of=way of tl~e first north-south alley west of North Lafayette Boulevard to tl~e west right-of--way of West Angela Boulevard for a length of approximately 665.2 feet and a width of 7 feet. Part located in Parkovasli addition to Navarre Place, City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning these alley vacations no liter than July 24. 1997. Thank you. COMMENTS & RECOMMENDATIONS: a/~~ hnv£ ~ anol nl~.•.N ~~~ nu-fem~,l~;l~ gr~i'cs~//~~.~ /S(-513i$-SooX -f~o /.SZ-SI~~,'-S'ot3~_ Uri -f s's c,{ his S~ ~~ 9 'nArnc' Nc,~l,hntf:~ .~eve~ menf- C[c~- hn~ rGCtrm~r~a,~ f-,/s~;rrl~y ~Q~~ ~a>, b~q p,.~,ve~, BY: ~k~~~,-._ DATE: ~/~~/9? LCD G:~t'{-o,,.~~i'1~.-,Y.~~n~ ~ -~ei~hl;,orhoo~ 1 Devel rFm t:n ~ eritech May 15, 1997 To the home owners at 303 W. Angela Blvd. Ameritech is aware that you would like to construct a patio in a utility easement. We are willing to let this construction proceed as long as you are aware of the following restrictions. Ameritech will still have access to it's facilities. Ameritech will not be responsible for any maintenance of this structure. If structure gets damaged, Ameritech will not replace or fix structure unless Ameritech is responsible for damage. If the fence gets in the way of Ameritech conducting any installation or repair work, the property owner is responsible for taking down, and then restoring this structure. Home Owner Signature Date Ameritech Representative Title Filed ire Gi~~~:'s {~fgice J U i>! 2 ~~ 1~~7 CITY C~t"R~, a0. ~£P;t7, iAi.