HomeMy WebLinkAboutVacation - Alley - First east-west alley north of Demaude Ave from east of Portage Ave, - part located in Shetterley Place 3rd PlatORDINANCE No. aa~a-e,
Passed by the Common Council of the Ciry of South Bend, Indiana
October 13. 19 97
Attest:
Attest:
i Ciry Clerk
A
President of Commou Council
Presented by me to the Mayor of the Ciry of South Bend, Indiana
October 14, I9 97
Ciry Clerk
Approved and signed by me ~ as~~ ~'~ 19
Mayor
ORDINANCE N0. ~~~~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST
EAST-WEST ALLEY NORTH OF DEMAUDE AVENUE FROM THE
EAST RIGHT-OF-WAY OF PORTAGE AVENUE TO THE WEST
RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY EAST OF
PORTAGE AVENUE FOR A DISTANCE OF APPROXIMATELY
132 FEET IN LENGTH AND WIDTH OF 14 FEET. PART LOCATED
IN SHETTERLEY PLACE 3RD PLAT, 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 I. 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 described as the first east-
west alley north of Demaude Avenue from the east right-
of-way of Portage Avenue to the west right-of-way of the
first north-south alley east of Portage Avenue for a
distance of approximately 132 feet in length and width of
14 feet. Part located in Shetterley Place 3rd Plat, 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, 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:
Lot #118
Lot #119
SECTION IV. The purpose of the vacation of the real property
is to:
Eliminate hazardous traffic entering Portage Avenue from
alley, stop cross-block drug trafficking, and provide
additional security and screening for parking lot
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, subject to the easement conditions recommended by the
Board of Public Works at its October 13, 1997 meeting.
Member of the Common Cou it
1 st READING ~'~ ' / 7
PUBLIC HEARING ~a -~~ j ~ ~7
3rd READING ~Q ~- ~3-~f 7
NOT APPROVED
P.EFERRED
PASSED /a~~3- 9~ As ~m~ ~~~
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred
BILL NO.
93-97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST
ALLEY NORTH OF DEMAUDE AVENUE FROM THE EAST RIGHT-OF-WAY
OF PORTAGE AVENUE TO THE WEST RIGHT-OF-WAY OF THE FIRST
NORTH-SOUTH ALLEY EAST OF PORTAGE AVENUE FOR A DISTANCE OF
APPROXIMATELY 132 FEET IN LENGTH AND WIDTH OF 14 FEET.
PART LOCATED IN SHETTERLEY PLACE 3RD PLAT, SOUTH BEND, ST.
JOSEPH COUNTY, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommended to the Council favorably, subject to amendment to Section Vas follows:
After the word Mayor, change period (.) to a comma (,) and add : subject to the
easement conditions recommended by the Board of Public Works at its October 13, 1997,
meeting.
Sean Coleman
Chairman
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA DATE September 15. 1997
WE, THE UNDERSIGNED PROEPRTY OWNER (S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
The (1~/2nd) (east-west/north-south) ALLEY (east-west/north-south) ofDemaude Avenue,
RUNNING (east-west/north-south) from Portage Avenue, FOR A DISTANCE OF
APPROXIMATELY 132 FEET
TO:
The first north-south alley east of Portage Avenue
ALL IN Shetterley Place 3rd Plat
(Insert Subdivision name)
B. THE STREET DESCRIBED AS:
STREET, FROM
(east-west/north-south) TO
DISTANCE OF APPROXIMATELY
NAME (printed and signed)
Near Northwest Nei hborhood Inc.
for NNN, Inc.
(Todd Zeiger)
FEET.
ADDRESS
1002-1010 Porta e Avenue
Contact Person:
LOT #
118
Name: Todd Zeiger
Address: P. O. Box 1132
South Bend, IN 46624
Phone: 219-232-9182
Loretta Duda
City Clerk
Room 445, County-City Building
South Bend, IN 46601
(219-235-9221)
STREET, RUNING
STREET, FOR A
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LEGAL DESCRIPTION
THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF
DEMAUDE AVENUE FROM THE EAST RIGHT-OF-WAY OF PORTAGE AVENUE TO THE WEST
RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY EAST OF PORTAGE AVENUE FOR A
DISTANCE OF APPROXIMATELY 132 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART
LOCATED IN SHETTERLEY PLACE 3RD PLAT, SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA.
1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
PItoNE 219/235-9251
Fax 219/235-9171
TDD 219/235-5567
CITY OF SOUTH BEND STEPHEN,]. LUECKE, MAYOR
BOARD OF PUBLIC ~ORI<S
October 13, 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, a favorable recommendation is being submitted to the
Common Council concerning the Vacation of an Alley, as follows:
The first east-west alley north of Demaude Avenue from the East right of way of Portage Avenue to the west right
of way of the fast north-south alley east of Portage Avenue for a distance of approximately 132 feet in length and
a width of 14 feet. Part located in Shetterley Place 3rd Plat, South Bend, St. Joseph County, Indiana.
Mr. Caldwell advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the
Police Department, Fire Department and Department of Economic Development. Engineering stated that a double stall
garage uses this alley for access and the parking lot on the east side of the alley is not an approved lot as it is a dirt, not a
hard surface with drainage. Area Plan concurs with Engineering. The Bureau of Sanitation is not in favor of this vacation,
as it is the only access of collecting trash. The Board concluded that if an easement is granted by the petitioner to the
property owner to the north to access the garage, and aturn-around is provided for the Bureau of Sanitation for trash
removal, the recommendation would be approved. Therefore, Mr. Caldwell made a motion that the Board send a favorable
recommendation to the Common Council conceming this Vacation Petition, subject to the above mentioned easements. Ms.
Roemer seconded the motion which carried.
Therefore, the Board submits to you a favorable rccommcndation concerning this vacation
S~ ~ rely,
~- ~~~
Angela K. J b, Clerk
Attachments
,]AMES R. CAI.DWELL M. CATHERINE ROEMER