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Home My WebLink About09994-10 Vacation - Kalorama St. from Hill St. to the first AlleyORDINANCE No. sss4,o Passed by the Common Council of the Ciry of South Bend, Indiana Attest: Attest: City Clerk •esident of Common Council Presented by me to the Mayor of the Ciry of South Bend, Indiana January 12, 20 10 City Clerk Approved and signed by me :January 14, 2010 '`..',,~/~ /"z ~~ Mme' January 11, 20 10 ORDINANCE NO. l ~ ~1 ~ JL ~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET, MORE OF LESS AND A WIDTH OF 34 FEET 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 STREET TO BE VACATED IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET, MORE OR LESS AND A WIDTH OF 34 FEET. BEING A PART OF CEDAR HEIGHTS ADDITIONS, PORTAGE TOWNSHIP, 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 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 1361, 1362, 1363.01 AND 1363 SECTION IV. The purpose of the vacation of the real property is to conduct an infill housing project to benefit residents of the northeast neighborhood. 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. Me ber of the Common Council Presented b~me to the Mayor of the City of South Bend, Indiana on the 1 ~~ day of ~~. u-w~, , 2 ~ c ~ , at t 0 -sr o'clock ~. m. City Clerk Approved and signed by me on the /~ day of ~ ~ , 2 0 0 , at o'clock G7 . m. Mayor, City South Bend, Indiana fis~ ~g/~D-f~G l1.-l`E-~~ PUBLIC HEARING ~-ll- l ~ "' READING ~r~RVYED`-~1~~ ~ ~~rEI;RED PASSED ~--1.~~- ~ ~ r, nJl n, r V \:~ t~ ~ Lu'v JGHtJ VOOQfie X10, IN. C17Y CLE~~K, u TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 100-09 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET, MORE OR LESS AND A WIDTH OF 34 FEET 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: November 18, 2009 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: THE STREET TO BE VACATED /S A PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET MORE OR LESS AND A WIDTH OF 34 FEET. BEING A PART OF CEDAR HEIGHTS ADDITION PORTAGE TOWNSHIP CITY OF SOUTH BEND, ST. JOSPEH COUNTY. INDIANA NAME (signed & printQed) ADDRESS LOT # r r /~ 803 Lincolnwav West, South Bend IN, 46616 1362 Phillip Byrd, Executive Director Northeast Neighborhood Revitalization Organization RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 CONTACT PERSON (S) NAME: Jeff Vitton ADDRESS: 803 Lincolnwav West South Bend. IN 46616 PHONE: 289-1066 x 223 Fit~c' [~ ~(~ ~~'a Office dOV 2 5 2009 CITY C ~ ~~x, Q~r~g~ ~ tM ,iot t n. D 7 ;.,, y r. n'.'~ NOV 2 3 2UU9 c~r~®Y 8wr~ ~~rT~~'i ~~v~ii~v= C1TVC«~i'F., ~Q. ~~P3'~, ~P~. The street to be vacated is a portion of Kalorama Street from Hill Street to the first North/South alley for a distance of 165 feet, more or less and a width of 34 feet. Being a part of Cedar Heights Addition, Portage Township, City of South Bend, St. Joseph County, Indiana. Legal Description: List of Property Owners within 150' of Kalorama Vacation Per County Assessor's Office on 11/20/2009 18-5038-134301 RLJII-R SOUTH BEND LLC 3 BETHESDA METRO CENTER STE 1000 ATTN; LORI NELSON Bethesda, MD 20814 18-5038-1346 Madison Center Inc 403 E Madison St South Bend, IN 46617 18-5038-1348 Madison Center Inc 403 E Madison St South Bend, IN 46617 18-5038-1358 Northeast Neighborhood Revitalization Organization Inc 803 Lincolnway West South Bend, IN 46616 18-5038-1359 Madison Center Inc 403 E Madison St South Bend, IN 46617 18-5038-1360 Northeast Neighborhood Revitalization Organization Inc 803 Lincolnway West South Bend, IN 46616 18-5038-1361 Madison Center Inc 403 E Madison St South Bend, IN 46617 18-5038-1362 Northeast Neighborhood Revitalization Organization Inc 803 Lincolnway West South Bend, IN 46616 18-5038-136301 Madison Center Inc 403 E Madison St South Bend, IN 46617 18-5038-1363 Madison Center Inc 403 E Madison St South Bend, IN 46617 18-5038-1364 Madison Center Inc 403 E Madison St South Bend, IN 46617 18-5038-1365 Wigfall Chester A And Idal 729 N. Hill St South Bend, IN 46617 18-5038-1366 Madison Center Inc 403 E Madison St South Bend, IN 46617 18-5036-1270 Northeast Neighborhood Revitalization Organization Inc 803 Lincolnway West South Bend, IN 46616 18-5036-1271 Northeast Neighborhood Revitalization Organization Inc 803 Lincolnway West South Bend, IN 46616 18-5036-1272 Northeast Neighborhood Revitalization Organization Inc 803 Lincolnway West South Bend, IN 46616 18-5036-1274 Alumni Group Inc 12840 Jefferson Mishawaka, IN 46545 18-5036-127401 Hampshire Group Inc 104 St Louis Blvd South Bend, IN 46617 18-5036-1275 King Gary E And Linda M 730 N Hill St South Bend, IN 46617 18-5036-1276 King Gary E And Linda M 730 N Hill St South Bend, IN 46617 ~~~~ L ~ 2~~u9 c~rr clc~~~,, se. ss~r~, tA~. SOUTH BEND HERITAGE FOUNDATION 8O3 LINCOLNWAY WEST SOUTH BEND, IN 46616 PHONE (574)289-1066 Fnx(574)289-4550 November 20, 2009 John Voorde, City Clerk Office of the Clerk 227 West Jefferson B1vd.,Suite 400 S South Bend, Indiana 46601 Dear Mr. Voorde, Attached you will find a petition to vacate a portion Kalorama Street west of Hill Street, the related Ordinance, envelops addressed and stamped for certified mail to all property owners within 150 feet of the right-of--way to be vacated, a check for the $150.00 filing fee, and the radius map provided by the City Engineer's Office. The proposed street vacation will allow for an infill housing project on Hill Street, which is being carried out by the Northeast Neighborhood Revitalization Organization in partnership with the Madison Center. These entities own several lots to the north and south of the proposed vacation, which will be replated to allow for single-family home construction. As planned, this project will make ten to fifteen developable lots available to builders and three to four of the new homes to be built will be reserved for low to moderate income households. This vacation will directly enable two additional building sites, increase property tax receipts to the City through housing development, and lessen the burden on the City to maintain a portion of a street that serves no functional purpose. The Board of Public Works reviewed the proposed street vacation, and no unfavorable recommendations were received from City departments. Please let me know if you or Council members have any questions regarding this matter. Sincerely, d'~~~0 `~ ~~~~r~ Phil Byrd, Executive Director ~ South Bend Heritage Foundation ~ ,.,~ ~d~~ `'`~~~~ Northeast Neigh. Revitalization Org. G`~ C~ ~nY ,.r. NeighborW rks® CHARTERED MEMBER 1316 CGLiNTY-C;-rY~ BuILVINc Z27 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH $END STEPHEN J. LUECKE, MJ~YOR 17dARI7 OF PUBLIC WORKS November 9, 2009 Ivlr. Jeff Vitton Community & Economic Development 1200 County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 PxoN=574/235-9251 FAx 574/235-9171 Z'DD 574/ 235-5567 RE: Alley Vacation -West Portion of Kalorama Street from Hill Street South of Corby Boulevard and North of Crescent Street (Preliminary Review) Dear Mr. Vitton: The Board of Public Works, at its November 9, 2009, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Deparhnent, 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 orderly 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. Ptease contact Tony Molnar at (574) 235-9254 prior to nicking un your radius maw You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick tlp the radius map, proceed to the City Clerk's office for your alley vacation packet. - Sinc ely, ~~~`~~ ~~ ~. i da M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARYA. GILOT, P.E. DONALD E. INKS jOiiN H. MURPHY PRESIDENT MEMBER MEMBER