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Home My WebLink AboutVacation - Alley - Monroe St. , St. Joseph Street', ORDINANCE No. a,,, s, Passed by the Common Council of the City of South Bend, Indiana April 14, Attest: Attest: ~'~~-~~ 97 19 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana April 15, April 16, City Clerk Approved and signed by me President of Common Council 19 97 19 97 Mayor ORDINANCE N0. _ / AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY SOUTH OF EAST MONROE STREET FROM THE WEST RIGHT-OF-WAY LINE OF SOUTH SAINT JOSEPH STREET TO THE EAST LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF SOUTH SAINT JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN THE TAYLOR FIELD ADDITION IN THE CITY OF SOUTH BEND, SAINT 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 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 south of East Monroe Street from the west right-of-way line of South Saint Joseph Street to the east line of the first north-south alley west of South Saint Joseph Street for a distance of approximately 165 feet and a width of approximately 14 feet. Part situated in the Taylor Field Addition in the City of South Bend, Saint 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: 0718, 071901, 0719 SECTION IV. The purpose of the vacation of real property is to install a fence across the alley to keep foot traffic out of adjacent property. There are problems in the alley because of crime and so many homeless individuals. 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. .... ~ , ."t'^Jt'ED .... ~~~ y- ly 97 F ~-,G er of the Common ~ Filed in Cl~ri~'s ®~6$ic~ FED 1 9 1997 i~.i~rrn.~. ~~~~ GfTY CLER}t, tea. DEHD,1t1. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTHBEND: Your Committee to whom was referred BILL NO. 16-97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY SOUTH OF EAST MONROE STREET FROM THE WEST RIGHT-OF- WAY LINE OF SOUTH SAINT JOSEPH STREET TO THE EAST LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF SOUTH SAINT JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN THE TAYLOR FIELD ADDITION IN THE CITY OF SOUTH BEND, SAINT 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. Sean Coleman 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 OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: ~ - Th (1st 2nd) (east-west orth-south ALLEY {east-wes north south) of o ~ STREET, RUNNIN east-west/port FROM ~' ,~ -}-, ,~ o ~ . ~ h STREET, FOR A DISTANCE OF APPROXIMATELY / ~ S FEET TO: ALL IN (Insert subdivision name) B. THE STREET DESCRIBED AS: STREET, FROM STREET, RUNNING (east-west/north-south)TO STREET, FOR A DISTANCE OF APPROXIMATELY FEET. NBMI~ (printed and signed) ADDRESS LOT # J~ ~ ~. ft o ~r Y - ~l,a~,~ ~/ s/ 9 s, s-f~. J ns ~. p l~ s-(-rye-{- ~ Contact Person: Name : ~~o ~, ~„ G . R o x}~ Address: P, O, C~c,x lsa I Phone a/~' -- Z3~--S `t~2~ Loretta J. Duda City Clerk Room 455, County-City Building South Bend, Indiana 46601 (219-235-9221) ~ii~d ~O ~~^~°~n'~ ~r~=~CC FED 1 ~~ 197 ~®~~~rnJ. ~u~~ Allev Vacation The alley to be vacated is described as the first east-west alley south of East Monroe Street from the westright-of--way line of South Saint Joseph Street to the east line of the first north-south alley west of South Saint Joseph Street for a distance of approximately 165 feet and a width of approximately 14 feet. Part situated in the Taylor Field Addition in the City of South Bend, Saint Joseph County, Indiana. Filed in ~i~t'im'~ ~fiii~~ FEB1'1997 IOAL-'17A J. G~1~~ CITY CLEFT}:.3'J. Q~P2~D, i>J, n- ~ z~ ., .. ._ f S£S ~... PR - --^ _. ~ . _...^ P . -.. ~~ ~ sR ~~ ~_ ~,,. _.._ _... nn .~~ ; Y~ _...... .>~ .. fit-- ..~..... __,.,. G ... ~.......-r. .f. •!• :~: f-- Z Q ~_ V ~~~R R .~ ,~ - #A SEllTH ST. ~~,;_ _.. fS_~ _ ~ ~v .r ~C ._......... ~~ vs ~ ~ N 53 ~~ i~.c,' -- $? _ 7~__,______...._ ~~ _. fi~ __. . 3 ~~ _. ._ ,> 50 (ti ~~ t z s-..~ ~ s a _ ....a~ ..._. ~ < _. __. _._.. __I 1`J So `~ ~. _ N..._ ;~~ ~ :~. ,.. , ~~tititSLDNfS ~ yS~~ A .... ....~j ~ F E I.wµ ~ ~ ~ } ~ ~~ MONR~E ST. - _. _ s 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 219/235-9251 Fnx 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS March 10, 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 an alley, as follows: The first east-west alley south of East Monroe Street from the west right-of--way line of South St. Joseph Street to the east line of the first north-south alley west of South Saint Joseph Street for a distance of approximately 165 feet and a width of approximately 14 feet. Part situated in the Taylor Field Addition in the City of South Bend, St. Joseph County, Indiana. For your information, the Board of Public Works received favorable recommendations from the Fire Department, Department of Economic Development, Bureau of Sanitation, and the Police Department concerning this vacation, subject to any utility easements that maybe required. The Area Plan Commission has reviewed the petition, and it is in their opinion that is does not meet the test of LC. 36-7-3-13(2) in that, "The vacation would make access to the lands of the aggrieved person by means of a public way difficult or inconvenient." Vacation of this alley would deny access to the parcel on the south side of the alley located on the back third of Lot 13. Seven feet (half of the vacated alley) will not be sufficient for a vehicle to access the parking area located on this property. In addition, the property owner of the back third of Lot 13 and the property owner adjacent to the alley to the north have not signed the petition to vacate. While this may not affect the legality of the petition, it is the opinion of Area Plan that it is important to note that the property owner who will be dined access by this vacation has not signed the petition to vacate. The Division of Engineering concurs with Area Plan. Therefore, the Board submits to you an unfavorable recommendation concerning this vacation. Attachments JAMES R. CALDWELL S' cerely, gela K acob,~lerk~ / ~~'~ M. CATHERINE ROEMER