HomeMy WebLinkAboutVacation- 1st N/S Alley W. of Greenlawn Ave. from Mishawaka Ave. to Ruskin & Esther (IUSB) ORDII�IAI�IG� I�Io. 8788-97
Passed by the Common Council of the City of South Bend,Indiana
May 27, 97
19
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Attest: � L� � � G-�-L� City Clerk �
L\ RETT .D
Attest: �d� President of Common Council
Presented by me to the Mayor of the City of South Bend,Indiana
May 28, 19 97
�
• �Cl���ti City Clerk
LORETTA J. UDA
Approved and signed by me May 30 19 97
Mayor
ORDINANCE NO. ��O U���
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
ALLEY VACATION _
The alley to be vacated is described as the first North-South alley West of Greenlawn Avenue from the
South right of way of Mishawaka Avenue to the North right-of-way of Ruskin Street for a distance of
approximately 504 feet and a width of 7 feet. Part located in the North-East Quarter of Section 18,
Township 37 North, Range 3 East.
STREET VACATION
The street to be vacated is described as Greenlawn Avenue from the South right-of-way of Mishawaka
Avenue to the North right-of-way of Ruskin Street for a distance of approximately 494 feet and a width of
66 feet. Part located in the North-East Quarter of Section 18,Township 37 North, Range3 East.
STREET VACATION
The street to be vacated is described as Ruskin Street from the East right-of-way of Esther Street to the East
right-of-way of Greenlawn Avenue for a distance of approximately 677 feet�and a width which varies from
40 to 60 feet. Part located in Lot"A"Indiana University Replat,North-East Quarter, Section 18,Township
37 North, Range 3 East.
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 desribed 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:
ALLEY VACATION
The alley to be vacated is described as the first North-South alley West of Greenlawn Avenue from the
South right of way of Mishawaka Avenue to the North right-of-way of Ruskin Street for a distance of
approximately 504 feet and a width of 7 feeet. Part located in the North-East Quarter of Section 18,
Township 37 North, Range 3 East.
STREET VACATION
The street to be vacated is described as Greenlawn Avenue from the South right-of-way of Mishawaka
Avenue to the North right-of-way of Ruskin Street for a distance of approximately 494 feet and a width of
66 feet. Part located in the North-East Quarter of Section 18,Township 37 North, Range3 East.
STREET VACATION
The street to be vacated is described as Ruskin Street from the East right-of-way of Esther Street to the East
right-of-way of Greenlawn Avenue for a distance of approximately 677 feet and a width which varies from
40 to 60 feet. Part located in Lot"A"Indiana University,replat North-East Quarter, Section 18, Township
37 North,Range 3East.
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:
18-6016: 0334, 0334.01, 0334.02, 0600, 0601, 0602, 0603, 0604, 0605, 0606, 0608, 0609, 0337.01,
0337.02; 18-6028: 0830, 0831, 0832, 0833; 18-6030: 0892, 0893, 0894, 0895; 18-6125-4511.01; 18-6126-
4514.01.
SECTION TV. This purpose of the vacation of the real property is to minimize the amount of vehicular
traffic within the South Bend campus of Indiana University and to facilitate expansion of the existing pedestrian
mall. .
SECTION V. This ordinance shall be in fizll force and effect from and after its passage by the Common
Council and approval by the Mayor.
,�i'
Member of the Common Coun il
Filed in Cler�c's �ffi��
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COMITTEE REPORT
TD THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee
to whom was referred
BILL NO.
40-97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH
ALLEY WEST OF GREENLAWN AVENUE FROM THE SOUTH RIGHT-OF-WAY
OF MISHAWAKA AVENUE TO THE NORTH RIGHT-OF-WAY OF RUSKIN
STREET FOR A DISTANCE OF APPROXIMATELY 504 FEET AND A
WIDTH OF 7 FEET. PART LOCATED IN THE NORTH-EAST QUARTER OF
SECTION 18, TOWNSHIP 37 NORTH, RANGE 2 EAST. THE STREET
TO BE VACATED IS DESCRIBED AS GREENLAWN AVENUE FROM THE
SOUTH RIGHT-OF-WAY OF MISHAWAKA AVENUE TO THE NORTH RIGHT-
OF-WAY OF RUSKIN STREET FOR A DISTANCE OF APPROXIMATELY
494 FEET AND A WIDTH OF 66 FEET. PART LOCATED IN THE
NORTH-EAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE
2 EAST. THE STREET TO BE VACATED IS DESCRIBED AS RUSKIN
STREET FROM THE EAST RIGHT-OF-WAY OF ESTHER STREET TO THE
EAST RIGHT-OF-WAY OF GREENLAWN AVENUE FOR A DISTANCE OF
APPROXIMATELY 677 FEET AND A WIDTH WHICH VARIES FROM 40 TO
60 FEET. PART LOCATED IN LOT "A" INDIANA UNIVERSITY
REPLAT, NORTH-EAST QUARTER, SECTION 18, TOWNSHIP 37 NORTH,
RANGE 2 EAST
Respectfully report that they have e�amined the matter and that in their opinion this bill
has been recommended to the Council favorably subject to the legal description in both the title and the
body amended to read "Range 3 East"instead of Range 2 Easz
Sean Coleman
Chairman
PETITION TO VACATE PUBLIC RIGHTS OF WAY
(STREETS/ALLEYS)
TO THE COMMON COLJNCIL DATE: March 14. 1997
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
T'he lst north-south alley west of Greenlawn Street,nuining south from Mishawaka Avenue, for a distance
of approximately 504 feet.
TO:
Ruskin Street
ALL IN G.W. Mikesell's lst Addition
(Insert subdivision name)
B. THE STREETS DESCRIBED AS:
l. Greenlawn Avenue, from Mishawaka Avenue, running south to Ruskin Street, for a distance of
approximately 494 feet.
2. Ruskin Street from Esther Street,running east to Greenlawn Avenue,for a distance of approximately
677 feet.
NAME (printed and signed) ADDRESS LOT#
Trustees of Indiana University 521 East 4th St. 18-6016-0334
Bloomington, IN 47405 18-6016-0334.01
18-6016-0334.02
18-6016-0337.01
� 18-6016-0337.02
nn . C ne 18-6016-0600
' ersity Director 18-6016-0601
of Real Estate 18-6016-0602
Indiana University 18-6016-0603
18-6016-0604
18-6016-0605
18-6016-0606
18-6016-0608
18-6016-0609
18-6028-0830
18-6028-0831
18-6028-0832
18-6028-0833
18-6030-0894
Contact Person:
Name: Charles Owens
Address: Cole Associates Inc.
2211 E. Jefferson Blvd.
South Bend. IN 46615
Phone: 219i236-4400
Loretta J. Duda
City Clerk ,
Room 455, County-City Building Fifed in Cl���y � 0��`C�
South Bend, Indiana 46601
- _ (219-235-9221) ��f� 3 � tigg?
LQ&2��J. "�irr�r
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- ._ , , . ALLEY VACATION °. •
The alley to be vacated is described as the first North-South alley West of Greenlawn Avenue from
the South right-of-way of Mishawaka Avenue to the North right-of-way of Ruskin Street for a
distance of approximately 504 feet and a dth of 7 feet. Part located in the North-East Quarter of
Section 18, Township 37 North,Ran e 2�ast.
�
STREET VACATION
The street to be vacated is described as Greenlawn Avenue from the South right-of-way of
Mishawaka Avenue to the North right-of-way of Ruskin Street for a distance of approximately 494
feet and a width of 66 feet. Part located in the North-East Quarter of Section 18, Township 37
;
North,Range 2 ast.
� .
STREET VACATION
The street to be vacated is described as Ruskin Street from the East right-of-way of Esther Street to
the East right-of-way of Greenlawn Avenue for a distance of approximately 677 feet and a width _
which varies from 40 to 60 feet. Part located� ot "A" Indiana IJnive ' Replat, North-East
Quarter, Section 18,Township 37 North,Ran 'e 2 ast. ���G�
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IUSB VACATION
Property Owners within one hundred fifty feet(1 SO) of the proposed exterior boundaries.
Name Address Tract No.
Trustees of Indiana University High Ridge Park 0334
Stamford,CT 06904 0334.02
0608
- 0609
Trustees of Indiana University P.O.Box 660237 0334.01
Dallas,TX 75266
Trustees of Indiana University 521 East Fourth Street 0337.01
Bloomington,IN 47401 0337.02
0600
0601
0602
0603
0604
0605
0606
0830
0833
City of South Bend County City Bldg 4514.01
227 W.Jefferson Blvd.
South Bend,IN 46b01
South Bend Community School 635 S.Main Street 4511.01
Building Corporation South Bend,IN 46601
Carlene High 56167 Lawrence Rd. 0892
Marcellus,MI 49067
Lillian J.Mercer 1009 S.Esther Street 0893
South Bend,IN 46615
Indiana University Foundation P.O.Box 500 0894
Bloomington,IN 47402 0831
0832
Edward Harringer 1001 Esther Street 0895
South Bend,IN 46615
Filed in Cterf,': Office
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�_ _ Vacated Area __ 22�� E. Jefforson Blvd. South Bend. Indlana
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DESCRIPTION OF STREET VACATION
A PORTION OF GREENLAWN AVENUE
A parcel of land located in the Northeast Quarter(NE1/4) of Section Eighteen(18), of Township
Thirty-Seven(37)North, Range Two (02) East of the Second Principal Meridian and all being in
the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more
particularly described as follows:
Beginning at the intersection of the centerline of a public street, now known as Greenlawn
Avenue, with the south line, extended east, of a public street now known as Ruskin Street; thence
north, along said centerline of Greenlawn Avenue, 534 feet, more or less,to a point of
intersection with the south line, extended east, of a public street,now known as Mishawaka
Avenue, and being the point of terminus of this description, the width of said Greenlawn Avenue
being 66 feet and containing 35,244 square feet, more or less.
The City of South Bend, Indiana, reserves the rights and easements of all utilities and the
Municipal City of South Bend, Indiana,to construct, operate 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.
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DESCRIPTION OF ALLEY VACATION
7' NORTH/SOUTH ALLEY
A parcel of land located in the Northeast Quarter(NE1/4) of Section Eighteen(18), of Township
Thirty-Seven(37)North, Range Two (02)East of the Second Principal Meridian and all being in
the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more
particularly described as follows:
The first north/south alley west of Greenlawn Avenue and lying between Ruskin Street on the
south and Mishawaka Avenue on the north and as shown as a 7.0 feet wide alley on the Plat of G.
W. Mikesell's 1 st Addition to the City of South Bend, Indiana, and as recorded in Plat Book 8,
Page 137 in the Office of St. Joseph County Recorder and containing 3,458 square feet, more or
less.
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y�e�= 2211 E. Jeffe!son 81vd. South Bend, Indiana
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DESCRIPTION OF STREET VACATION
RUSKIN STREET
A parcel of land located in the Northeast Quarter(NEl/4) of Section 18, Township 37 North,
Range 2 East of the Second Principal Meridian and all being in the City of South Bend, Portage
Township, St. Joseph County, Indiana, and being more particularly described as follows:
Beginning at the southeast corner of Lot No. 8 of G. W. Mikesell's 1 st Addition to the City of
South Bend, Indiana, and as shown on said Mikesell's Plat as recorded in Plat Book No. 8, Page
137 - October 13, 1903, said point of beginning being also the intersection of the west right of
. way line of a public street,now known as Greenlawn avenue with the north right of way line of a
public street, now known as Ruskin Street;thence west along the north right of way line of said
Ruskin Street, a distance of 444.1 feet;thence north, at right angles to said north line of Ruskin
Street, a distance of 10.0 feet;thence west, along the north right of way line of said Ruskin
Street, a distance of 166.0 feet, more or less,to a point of intersection of said north right of way
line of Ruskin Street with the east right of way line of a public street, now known as Esther
Street; thence, south, along the east right of way line of said Esther Street extended south, a
distance of 60 feet to a point of intersection of said east line of Esther Street with the south right
of way line of said Ruskin Street;thence east, along said south right of way line of Ruskin Street,
a distance of 475.5 feet,more or less,to the east line of 7.0 feet wide alley, as shown on said Plat
of Mikesell's 1 st Addition; thence north along said east line of said 7.0 feet alley, extended, a
distance of 10.0 feet to a point on the south right of way line of said Ruskin Street;thence east,
along the said south right of way line of Ruskin Street, a distance of 134.7 feet, more or less, to a
point of intersection of said south right of way line of Ruskin Street with the west right of way
line of said Greenlawn Avenue; thence north, along the said west right of way of Greenlawn
Avenue, extended, a distance of 40 feet to the Point of Beginning of this description and
containing 30,821 square feet, more or less.
The City of South Bend, Indiana,reserves the rights and easements of all utilities and the
Municipal City of South Bend, Indiana,to construct, operate 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.
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1865
CITY OF SOUTfi BEND STEPHEN J.LUECKE, MAYOR
� �OARD OF PUBLIC WORKS
May 27, 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 north south alley west of Greenlawn Avenue from the south right-of-way of
Mishawaka Avenue to the north right-of-way of Ruskin Street for a distance of approximately
504 feet and a width of 7 feet. Part situated in the northeast Quarter of Section 18,
Township 37 North, Range 2 East.
For your information,the Board of Public Works received favorable recommendations from
the Fire Department,Bureau of Sanitation,Division of Engineering, Department of Community and
Economic Development, Area Plan Commission and the Police Department concerning this vacation,
subject to any utility easements that may be required. Area Plan has noted that the legal descriptions
are incorrect. These rights-of-ways are located in Range 3 East rather than Range 2 East. In
addition, the Fire Department recommends approval, contigent on proper fire lanes.
Therefore,the Board submits to you a favorable recommendation concerning this vacation,
subject to an easement.
5'1�cerely,
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Ang l�cob, lerk
Attachments
,JAMES R. CALDWELL M. CATHF.RINE ROEMER