HomeMy WebLinkAbout9560-05 Vacation Street - Kaley St. - A Portion of TuckerORDINANCE No. ssso-os
Passed by the Common Council of the City of South Bend, Indiana
January 10,
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
January 11,
20 05
Ciry Clerk
President of Common Council
City Clerk
Approved and signed by me 3anuary 12, 20 05
20 05
Mayor
ORDINANCE NO. ~ SAO - O
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The first street to be vacated is Kaley Street from the North right of way of Tucker Drive to the
North property line of the Olive Street Pumping Station owned by the City of South Bend for a
distance of 725 feet, more or less and a width of 60 feet. The second street to be vacated is a
portion of Tucker Drive from the West right of way line of Kaley Street East approximately 305 feet
to the existing fence crossing the right of way. Both streets being located West of Olive Street and
South of Sample Street in the 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 ways or public places within the City.
The following Ordinanace 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 1. The Common Council of the City of South Bend having held a public hearing
on the petition to vacate the following property:
The first street to be vacated is Kaley Street from the North right of way of Tucker Drive to
the North property line of the Olive Street Pumping Station owned by the City of South Bend for a
distance of 725 feet, more or less and a width of 60 feet. The second street to be vacated is a
portion of Tucker Drive from the West right of way line of Kaley Street East approximately 305 feet
to the existing fence crossing the right of way. Both streets being located West of Olive Street and
South of Sample Street in the 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:
Municipal City of South Bend
1300 County City Building
South Bend, IN 46601
Lot Numbers 2834, 2835, 2838
Raitt Corporation
815 W. Sample
South Bend, IN 46601
Lot Number 2845
Grand Trunk Western RR
227 Front St. W 8"' Floor
Troy, MI 48007
Lot Number 2833
SECTION IV. The purpose of the vacation of the real property is to enable Steel
Warehouse to better utilize the property that it owns on both sides of these dead end streets.
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 Co cil
Attest:
Cit
_, Presented by me to the Mayor of the City of South Bend, Indiana on the (~~~ day of
o~wu~orv 200~i, at 3'30 o'clock _ _~.m.
'NI 'ON38 'OS 'yH3'10 A110
30d00A NNOP
a~!~0 S~~laal~ W pal!
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~~ City Clerk
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Approved and signed by me on the /2 day of ,'166=},
at ~!: /o o'clock _ Q .m.
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Mayor, City outh en , n iana
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1st READING _
oS
PUBLIC HEARING ~-~D
3rd READING 1--\d~~s
NOT APPROVED
REFERRED
PASSED I_ v 0' O S
Filed In Clerk'e Office
DEC - 2 2004
JOHN VOORDE
CITY CLERK, S0. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
90-04 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST STREET TO BE VACATED IS KALEY STREET
FROM THE NORTH RIGHT OF WAY OF TUCKER DRIVE TO
THE NORTH PROPERTY LINE OF THE OLIVE STREET PUMPING
STATION OWNED BY THE CITY OF SOUTH BEND FOR A
DISTANCE OF 725 FEET, MORE OR LESS AND A WIDTH OF 60
FEET. THE SECOND STREET TO BE VACATED IS A
PORTION OF TUCKER DRIVE FROM THE WEST RIGHT OF WAY
LINE OF KALEY STREET EAST APPROXIMATELY 305 FEET
TO THE EXISTING FENCE CROSSING THE RIGHT OF WAY.
BOTH STREETS BEING LOCATED WEST OF OLIVE STREET
AND SOUTH OF SAMPLE STREET IN THE 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.
Roland Kelly
Chairman
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEY)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DECEMBER 1, 2004
I, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE:
THE STREET DESCRIBED AS: The first street to be vacated is Kaley Street from the North right of
way of Tucker Drive to the North property line of the Olive Street Pumping Station owned by the
City of South Bend for a distance of 725 feet, more or less and a width of 60 feet. The second
street to be vacated is a portion of Tucker Drive from West right of way line of Kaley Street East
approximately 305 feet to the existing fence crossing the right of way. Both streets being located
West of Olive Street and South of Sample Street in the City of South Bend, St. Joseph County,
Indiana.
NAME (signed st printed) ADDRESS LOT #
William ottlick Steel Warehouse Co., Inc. 284501
/ 2722 W. Tucker Drive 284502
~% South Bend, IN 46624 284503
284403
2843
2839
CONTACT PERSON
Name: William J. Gottlick
Address: 1400 Riverside Drive
South Bend, IN 46616
Return to: Phone: 574-245-4761
Office of the City Clerk 574-210-5477 -cell
John Voorde, City Clerk ~ottlickb a,steelwarehouse.net
Room 455-County-City Building
South Bend, IN 46601 Filed In Clerk's ~#~ICB
574-235-9221
OEC - 2 2004
JOHN VOORDE
CITY CLERK, S0. BEND, !N._
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LEGAL DESCRIPTION:
treet to be vacated is Kaley Street from the North right of way of Tucker Drive to the
North property line of the Olive Street Pumping Station owned by the City of South Bend for a
distance of 725 feet, more or less and a width of 60 feet. The second street to be vacated is a
portion of Tucker Drive from the West right of way line of Kaley Street East approximately 305
feet to the existing fence crossing the right of way. Both streets being located West of Olive
Street and South of Sample Street in the City of South Bend, St. Joseph County, Indiana.
~~%~ steel
Wdt"el10USe company, inc.
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2722 west luc~er drive p.o. 6ox 1377
574-236-5100
sout~ bend, Indiana 46624 800-348-2529
November 30,2004
City of South Bend
South Bend, Indiana, 46601
Steel Warehouse is petitioning to vacate Tucker Drive and Kaley Street west of the
security gate located on Tucker Drive. Both of these streets are dead end and aze
contained within the Steel Warehouse security fencing.
Since 1991 Steel Warehouse has maintained these streets and performed all snow
removal within the secured property.
As the Steel Wazehouse continues to grow the abandonment of these streets would enable
us to be more efficient in the use of our current property.
Sincerely,
~~
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William . Gottlick
Director MRO Purchasing
Steel Warehouse Company Inc.
~il~d In Cterk'~ (~ffic~
DEC - 2 2004
JOHN VOORDE
CITY CLERK, S0. SEND, fN.
fax n o. 574-236-5154
1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LtrECKE, MAYOR
BOARD OF PUBLIC WORKS
December 13, 2004
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Property Vacation
Dear Members of the Council:
PHONE 574/ 235-9251
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 property vacation:
Kaley Street from Penn Central Railroad to Tucker Drive; Tucker Drive from Kaley Street East 305
Feet.
Area Plan Commission, Fire Department, Solid Waste, Police Department and the City Attorney's
office submitted favorable recommendations. Engineering submitted a favorable recommendation with a
reminder that the petitioner owns all adjacent parcels relying on streets proposed for vacation for access.
Community and Economic Development forwarded a favorable recommendation if it does not compromise
Water Works Operations. Area Plan recommends these rights-of--ways be vacated subject to any utility or
access easements required.
The Board of Public Works submits to you a favorable recommendation concerning this property
vacation, subject to any utility easements that may be necessary.
Sincerely,
`~ ~ ~~ ; ~~
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ngelaf~. Jacob, Cl~
Board of Public Works
Rosemary Mandrici, Assessor's Office
Melinda Stopczynski, Auditor' Office