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Home My WebLink About10053-10 Vacation- E/W Alley between LaSalle St. & Colfax lying West of Sycamore St..ORDINANCE No. o Passed by the Common Council of the Ciry of South Bend, Indiana November 22, 20 10 Attest: c ~~ . Attest: Ciry Clerk President of Common Council Presented by me to the Mayor of the City of Sorrtl: Bend, Indiana November 23, 20 10 JOHN Approved and signed by me November 2 3, 20 10 City Clerk ~-~ ~~ ~~ (~~ ice- ~z..e Maynr ORDINANCE NO. ~~ S 3" L ~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The West 129 feet of the East/West Alley between LaSalle Street and Colfax Avenue lying West of Sycamore Street, Portage Township, City of 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 West 129 feet of the first East/West alley North of Colfax Avenue, from Sycamore Street to the St. Joseph River, said alley being 14 feet in width. Being a part of Miller's Subdivision and also being a part of the Original Town of Lowell, 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: 018-5003-0041 018-5003-0040 018-5003-0056 Section IV. The purpose of the vacation of the real property is so that the East Bank Townhome project to the south can utilize the existing vehicular access for access to the townhomes. 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. Member of the Common Council Attest: City Clerk _Presented by me to the Mayor of the City of South Bend, Indiana on the 1- 3.-~, day of R~ty~p,,.,.,1~w , 2 O ly , at 3 '< <~ o'clock _~. m. \ ~G.~- -~ City lerk , ~' I r~ ,, )) Approved and signed by me on the ~3 day of /V~ , 2 0~ ~ , at ~ o'clock ~. m. ~,~--~ Mayo ,City outh Bend, Indiana ,..; ~ o-~~ ~° X11 1 ~t ~"._.,~.~ G e'-JE! SC F~IEA~~ING ~~-LL-Ia 4,S Sc~o.f-~-~ __ `` 3rd `E~,L"iNG l!`-LL~Io 4S Su.~S'~'t, ~~~1 PJOT AP"rP.OVED i<EFERRED PASSED ~,~ t~ 1,c~ U.S S~-~a,S°~+~~;v~"~s~s~ Fli^ ~1Ct'1;'~ ~,~~Ce IdOV - 5 2010 JDHPl VOQR~E CITY G1.ERK,'~P• Gr~lD,1N. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 67-10 A BILL TO VACATE THE FOLLOWING' DESCRIBED PROPERTY: THE WEST 129 FEET OF THE EAST/WEST ALLEY BETWEEN LASALLE STREET AND COLFAX AVENUE LYING WEST OF SYCAMORE STREET, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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 as substituted with a new legal description. 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: October 19, 2010 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The West 129 feet of the first East/West alley North of Colfax Avenue, from Sycamore Street to the St. Joseph River, said alley being 14 feet in width. Being a part of Miller's Subdivision and also being a part of the Original Town of Lowell, Portage Township, City of South Bend, St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: NAME (signed ~ printed) ADDRESS City of South Bend Department of Redevelopment 227 W. Jefferson, 12~' Floor South Bend, IN 46601 CONTACT PERSON (S) RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 KEY NUMBER 018-5003-0058 018-5003-0056 NAME: David Matthews East Bank South Bend Development, LLC ADDRESS: P.O. Box 338 Notre Dame, IN 46556 PHONE: (765) 409-3841 n ~ ~ Ya E , e ~.. ~s c. s~ 4w<i i i d L~ ~te. a9 sd PtiO~J - 5 2010 Ct i~ C~,.[i1i~, viz. Fii:l':~, ~~. LA$ALLE AVE W I 3 Y, 018-5003-0059 118 LEGAL DESCRIPTION: 018-5003-005901 `` 0185003005902 'n W 0185003-005903 0 '~ y 0185003-0047 /~~ 018-5003-0048 018-5003-0049 0185003-0061 ~~i~ ~Cil~t~u ~C, ~ ..41 ~.7 ui~ GLO? ~ - i~C:` The West 129 feet of the first East/West alley North of Colfax Avenue, from ~ 1 Sycamore Street to the St. Joseph River, said alley being 14 feet in width. ~J:~~~ ~~3j.l~o~ lI~ ~s~s' Being a part of Millers Subdivision and also being a part of the Original Town of Lowell, Portage Township, City of South Bend, St. Joseph County, Indiana. November 8, 2010 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA RE: Petition to Vacate East/West alley North of Colfax Avenue, from Sycamore Street west to the St. Joseph River Petitioner: David Matthews East Bank South Bend Development, LLC Site Address: Northwest Corner Colfax Ave. & Sycamore Street South Bend, Indiana The Petitioner, David Matthews of East Bank South Bend Development, LLC, developer of the East Bank Townhomes is seeking the Vacation of the East/West Alley between LaSalle Street and Colfax Avenue lying West of Sycamore Street. The Petitioner is seeking this alley vacation so that the proposed East Bank Townhome project to remove the mid block pedestrian access to the river walk, install landscaping and maintain the landscaping and appearance through the Home Owners Association of the river front townhouses. The river walk will be preserved, with pedestrian access from both LaSalle and Colfax Ave. The Townhome project features eight exclusive waterfront residential units. It is the intention of the Petitioner to provide an ingress/egress easement in order for the River Place office to maintain their rights to utilize this access. Also, in accordance with the recommendation of the Board of Public Works the Petitioner is to provide a permanent easement for construction, maintenance, and utility access. Because the original submission was to vacate the entire alley, cross axis easements were required between all three parties. To simplify the processes, we are changing the petition to vacate only the west 129 feet of the alley. This makes the process much cleaner, and we will return in two weeks after new notices are sent to adjacent owners. Sincerely, ~ ;~ David M. Matthews, East Bank South Bend Development, LLC ~! 0~/ - 8 2010 018-5003-0041 SBL Building Co. LLC 212 E. LaSalle Ave., Ste. 100 South Bend, IN 46617 018-5003-0040 Maennerchor Club of South Bend 217-219 Sycamore St. South Bend, IN 46617 018-5003-0059 Tycore LTD P.Q. Box 540 South Bend, IN 46624 018-5003-005901 018-5003-0058 018-5003-0056 City of South Bend Dept. of Redevelopment 227 W. Jefferson, l2~' Floor South Bend, IN 46601 018-5003-005902 018-5003-005903 United Tele Spectrum of Indiana Inc. Clo Sprint Cellular Tax Dept. 180 Washington Valley Road Bedminster, NJ 07921 018-5003-0047 Jack L. Hofferth 56545 Twin Branch Drive Mishawaka, IN 46545 018-5003-0048 018-5003-0049 Fire Arts Inc. 305 E. Colfax South Bend, IN 46601 (~ ,~ C C~ ~ ~ L:i~'J t~ ~ Ci! 1 C~..i"s ff, i1. J~C,iv1 I~f. PALM & ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS P.O. BOX 960 - 8888 EAST U.S. HWY. 20 NEW CARLISLE, INDIANA46552-0960 ROBERT D. PALM, LS., P.E. TELEPHONE (574) 654-3450 FAX (574) 654-3450 October 20, 2010 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA RE: Petition to Vacate East/West alley North of Colfax Avenue, from Sycamore Street west to the St. Joseph River Petitioner: .David Matthews East Bank South Bend Development, LLC Site Address: Northwest Comer Colfax Ave. & Sycamore Street South Bend, Indiana The Petitioner, David Matthews of East Bank South Bend Development, LLC, developer of the East Bank Townhomes is seeking the Vacation of the East/West Alley between LaSalle Street and Colfax Avenue lying West of Sycamore Street. The Petitioner is seeking this alley vacation so that the proposed East Bank Townhome project adjoining to the south can utilize the existing vehicular access for access to the townhomes. The Townhome project features eight exclusive waterfront residential units. It is the intention of the Petitioner to provide aningress/egress easement in order for the River Place office to maintain their rights to utilize this access. Also, in accordance with the recommendation of the Board of Public Works the Petitioner is to provide a permanent easement for construction, maintenance, and utility access. Sincerely, ~,.~i~-_ ~~~~ Robert D. Palm, L.S., P.E. Surveyor/Engineer for the Petitioner: E•,~ ~ ~'I 7. ~ L~10 Cl ~ Y Ci,'r.:'.