9457-03 Vacation - Street - Circle, Norfolk, Western Railroad right-of-way

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1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECxE, MAYOR BOARD OF PUBLIC WORKS September 5, 2003 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Street Vacation Dear Members of the Council: PHONE 5741235-9251 FAx 574/235-9171 TDD 574/ 235-5567 In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the following street vacation: The first street to be vacated is a portion of Circle Avenue rom the Norfolk and western Railroad right of way to the south right of way line of Washington Avenue, for a distance of 770 feet, more or less, and a width that varies from 15 feet, more or less, and a width that varies from 15 feet to 80 feet. The second street to be vacated is also a portion of Circle Avenue from the Penn Central right of way to the north/south portion of said Circle Avenue for a distance of 400 feet and a width that varies from 20 feet to 35 feet. Both parts of said streets being a part of the City of South Bend, St. Joseph County, Indiana. The Division of Engineering, Area Plan Commission, Community & Economic Development, Fire Department, Solid Waste, Police Department and the City Attorney's office submitted favorable recommendations. Engineering indicated a favorable recommendation provided the lots have common ownership and become platted to one parcel. The Grant Street vacation should be coordinated with the adjacent property owner. Community & Economic Development stated that the Circle Avenue vacation raises questions because of the proposed use and potential negative effects on the West Washington neighborhood due to noise, and provided a negative recommendation. Area Plan does not recommend that Grant Street be vacated because this would hinder access to properties along the right of way. The staff does not recommend Circle Avenue be vacated because this would completely take access away from an adjacent property. However, if the vacations are permitted, they do so subject to any access and utility easements that may be necessary. The Board ofPublic Works submits to you an favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. `merely, gela .Jacob, Clerl~/ Board of Public Works Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor' Office