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Home My WebLink About9818-08 Vacation Street - Napoleon and Eddy StreetORDINANCE No. s Passed by the Common Council of the City of South Bend, Indiana January 28, Attest: Attest: 20 08 Presented by me to the Mayor of the City of South Bend, Indiana January 29, 20 08 City Clerk President of Common Council City Clerk Approved and signed by me January 30, 20 08 ~~~ %`~ Mayor ORDINANCE N0. `~~ U ~ ~V AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, 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: A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S. 90°00'00" W, ALONG THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET FOR A DISTANCE OF 195.00 FEET; THENCE N 00°00'00" W A DISTANCE OF 8.10 FEET; THENCE N 88°44'23" E A DISTANCE OF 195.05 FEET TO THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S 90°00'00" E ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 12.39 FEET TO THE POINT OF BEGINNING. 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: Tax Key Number 18-5123-4392.02 SECTION IV. The purpose of the vacation of the real property is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right- of ways . 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. ~' ~' 1 Member the Common Coun ' Presented by me to the Mayor of the City of South Bend, Indiana on the Z~~ day of ~pm~.c~.~-~ 2 00~ at 3 ~•~~ o'clock ~. m. ^o ~'~, ~ City Clerk Approved nd signed by me on the Z~ day of , 2 ~QD at ~_ o' clock m. ~. ~L.r tom..-~c~ ~_ Mayor, City South Bend, Indiana 1st READING l J ~~~ ~ PU6LiC hEAP.iNG ~ ~2-$~0 ~ 3rd P.EADING t_~-0g I~;OT APPROVED '-,EFERRED PASSED ~- 28'=*__~'g File to Cl~rk'S ®ffice DEC 5 ~~~~ JOHN VOOADE 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. 01-08 BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, 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 favorite recommendation. Derek D. Dieter Chairperson. Committee of the Whole PETITION TO VACATE PUBLIC STREET RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: September 19, 2007 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S. 90°00'00" W, ALONG THE NORTH RIGHT-OF WAY LINE OF NAPOLEON STREET FOR A DISTANCE OF 195.00 FEET; THENCE N 00°00'00"W A DISTANCE OF 8.10 FEET; THENCE N 88°44'23" E A DISTANCE OF 195.05 FEET TO THE WEST RIGHT- OF-WAY LINE OF EDDY STREET; THENCE S 90°00'00" E ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 12.39 FEET TO THE POINT OF BEGINNING. NAME (signed & printed) & ADDRESS Tax Key Number University of Notre Dame Du Lac 18-5123-4392.02 224 Flanner Hall Notre Dame, Indiana 46556 Jams Lyphout, Vice President Business Operations For: University of Notre Dame Du Lac NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 Attn: Michael J. Danch DEC 5 ~:~'~ CITY GLEtti:, c'~. E3`c.~i;?, I"J. DEC 5 ~~"~~~1 so~il~ voo:a~E Ir1, con cL~~rl~, ~o, ~r~~, - STREET VACATION DIAGRAM SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 9-19-07 PROJECT NO.: 070189.2 Napoleon St RE: LEGAL DESCRIPTION FOR THE VACATION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET PARCEL R f W VACATION "A" A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, FORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S. 90'00'00" W, ALONG THE NORTH RIGHT-OF WAY LINE OF NAPOLEON STREET FOR A DISTANCE OF 195.00 FEET; THENCE N 00'00'00'1N A DISTANCE OF 8.10 FEET; THENCE N 88'44'23" E A DISTANCE OF 195.05 FEET TO THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S 90'00'00' E ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 12.39 FEET 70 THE POINT OF BEGINNING. w z I R/W VACATION I REVISED 9-5-07 ~~/ BE ~~ AY TO D-ancf~, HarKer d~A~aciates, ln~ Land Surveyors Professionol Engineers Landscape Architects• Land Planners Ot~ice: (574)234-4003 / (800)594-4003 . Fax: (574)234-4119 1643 Commerce Drive ^ South Bend, IN 46628 R/W LINE C/L NAPOLEON ST. (82.5'R/11) LINE BEARING DISTANCE L1 N 00'00'00 W 8.10 L2 S 90'00'00" E 12.39' t s -~>~- 1 I s SCNf 1'- 100' I 3 4 / 18- 5123 ~ -4392.04 -4392.02 I 195.05' N m 195.00' ~~ NAPOLEON ST. I- ~ ~ ~ ~ - 3676 ~ 18 51 (/) w U -3677 Z a LL LEGAL DESCRIPTION: PARCEL R/W VACATION: F-- (/) ~--~ -3689 0 D _~ -3690 ~~18-5102 1 -3579 R 150' ~ r ~_c __, Jv`it~~ A PORTION OF RIGHT-OF-WAY LOCATED ON THE NORTHWEST CORNER QF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET AND THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S90'00'00"W ALONG THE NORTH RIGHT-OF-WAY LINE OF NAPOLEON STREET FOR A DISTANCE OF 195.00 FEET; THENCE N00'00'00"W A DISTANCE OF 8.10 FEET; THENCE N88'44'23"E A DISTANCE OF 195.05 FEET TO THE WEST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE S90'00'00"E ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 12.39 FEET TO THE POINT OF BEGINNING. University of Notre Dame Du Lac Northeast Neighborhood John Wigfall 224 Flanner Hall Revitalization ~ 1134 Burns Street Notre Dame, IN. 46556 803 LincolnWay West South Bend, IN. 46617 17-1017-0406 South Bend, IN. 46616 18-5100-3526 ~ R-S~ nn_~~~~ South Bend Housing Authority 801 S.Scott Street South Bend, IN. 46613 18-5100-3533 South Bend Heritage Foundation 803 LincolnWay W South Bend, IN. 46616 18-5100-3531 University of Notre Dame Du Lac 1130 Burns South Bend, IN. 46617 18-5100-3529 Douglas & Gladys Poindexter 1116 E.Sorin South Bend, IN. 46617 18-5097-3422 Edward & Irene Cour P.O. Box 509 Notre Dame, IN. 46556 18-5105-3689 University of Notre Dame Du Lac Attn: JJ Lyphout 836 Grace Hall Notre Dame, IN. 46556 ~R_~~~~_a~a~n~ Kamilla Kapacinskas-Greg Horning 1126 Frances Street South Bend, IN. 46617 18-5105-3876 Trustees of Indiana University 580 E Kirkwood, Suite 204 Bloomington, IN. 47408 18-5123-439204 ail ~ G!~'r'sw'S Q~~ace DEC 5 ~~"~~~7 ~a~lrl vo~~aE CITY Glr,~;{, I~G. L_~iiD, ~~• (~(~ Uanch, F/arner ~ ~1 ssociates, /nc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Land Surveyors .Professional Engineers Landscape Architects Land Planners December 3, 2007 Honorable Members of the City of South Bend Common Council 4`h Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner of Eddy Street and Angela Boulevard right-of--ways 3.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. Dear Council Members: Our clients, the University of Notre Dame Du Lac., Northeast Neighborhood Revitalization Organization, Inc., and the South Bend Heritage Foundation are requesting the approval of the Vacation of a portion of the following: 1.) Northwest corner of Napoleon Street and Eddy Street right-of--way 2.) Southeast corner of Eddy Street and Angela Boulevard right-of--ways 3.) alley located as the first east-west alley north of St. Vincent Street from the east right-of- way line of Burns Street to the west right-of--way line of Duey Street. 4.) Alley located as the first east-west alley north of St. Vincent Street from the east right- of-way line of Georgiana Street to the west right-of--way line of Burns Street. The reason for this request is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right-of--ways. The City and the Petitioners believe that vacating the above mentioned right-of--ways will not have a detrimental effect on the adjacent properties. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. cerely ichael J. Dan President Danch, Harner & Associates File # 070189.2 pjh Cl~rk'S C~ice ~~~~~, In DEC 5 2001 JOY~N VGp ~~ lA, iH. CITY CLE;~,K, e 1643 Commerce Drive South Bend, IN 46628 once 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 208 West Mars Berrien Springs, MI 49103 office 269/471-3010 Fax 269/471-7237 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS September 25, 2007 Mr. Mike Danch Danch Harner & Associates, Inc. 1653 Commerce Drive South Bend, Indiana 46628 PHONE 574/235-9251 FAx 574/235-9171 TDD 574(235-5567 RE: Right-of--Way Vacation -Southwest Corner of Eddy Street and Angela Boulevard (Preliminary Review) Dear Mr. Danch: On September 24, 2007, the Board of Public Works reviewed your petition to vacate the above right-of--way. The following comments and recommendations were submitted from the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division acid the City Attorney's Office: 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. Community & Economic Development recommended favorably for this vacation as long as the turning radius on the corner is not affected. The Board recommended this vacation favorably as long as the turning radius on the corner is not affected. GARY A. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER Danch Harner Page 2 of 2 September 25, 2007 Please present evidence that the above stated issue(s) are resolved. I will inform you of the next step in the vacation process at that time. . Please call me at (574) 235-9251 with questions. ' Sincerely, ~. Linda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering Au;. 28. 2001 11:33AM BRD PUB 4'e'ORKS & SAFETY INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS No. 9996 P. 1/2 TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Drassel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(7a.nisource,com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ~~ . RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght-of-Way located on the Soutwest Comer of Eddy Street and Angela Boulevard faka Edison Roadl (Preliminary Review) DATE: August 28, 2007 DUE: September 17, 2007 FAX OR E-MAIL TO:, 235-9171 / Imartin(a~southbendin.aov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS 8~ RECOMMENDATIONS: _ :! ~i... ~s~.c ~ ~ ti ~ °r, a-. ~'or a ~'t DES /s~ ~s ~ ra J~ ~' ~i~ `~'g.rrs;'•~ ! ~.a..~,Yhs . b --~~n ? tic. 4 a~ ~~H ~ 5' fZ a-~ ~# ~~~5 ~~~ ,~ ~ l BY: %J.~h ~h?nr~ DATE: ~~~ ~f /~ ~ Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 September 5, 2007 The Board of Public Works 13`~ Floor, County-City Building South Bend, Indiana 46601 RE: Vacation SouthEAST corner of Edison Road and Edd Street Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) 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.\ (2) The vacation would not make access to the (ands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The staff recommends the right-of-way be vacated. Sincere( , ~.. R Bert Nemeth Senior Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ° Au~.28. 2007 11.35AM G ?~~~~ ~~ a BRD PUB WORKS & SAFETY INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS No. 9996 P. 1/2 TO: Carl Littr®II, Engineering Department John Byomi, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathis, Community i~ Economic.Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettie, NIPSCO (irbettin(c'~nisource:com or 284-2220 fax) For Informational Purposes Oniy FROM: Linda M. Martin, Clerk ;~ RE: Request for Recommendation -Property Vacation Location: Vacation of the Right-of-Way located on the Soutwest Comer of Eddy . Street and Angela Boulevard laka Edison Roadl (Preliminary Review] DATE: August 28, 2007 DUE: September 17. 2007 FAX ORE-MAIL TO: 235-9171 / ImartinC~southbendin.~o_v_ RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REq,UIRED. BY: DATE: INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: „Z~arl Littrell, Engineering Department ~..d~ohn Byorni, Area Plan Commission (235-9813 fax) Jeff,Gitaney; -Go~aunit~-&-Eeon-omte-BevelIIpment Chris Dressel, Community & Economic Development c.~ob Mathia, Community & Economic Development Robert Sanders, Fire Department vd~ack Dillon, Solid Waste (~rtephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin nisource.com or 284-2220 fax) For Informational Purposes Onfy FROM: Linda M. Martin, Clerk ~~~ RE: Request for Recommendation -Property Vacation Location: Vacation of the Rlght-of-Way located on the Soutwest Corner of Eddy Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17, 2007 FAX OR E-MAIL TO: 235-9171 I Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. " COMMENTS & RECOMMENDATIONS: BY: DATE: INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: /Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathis, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin a(~.nisource:com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk`~''~ RE: Request for Recommendation -Property Vacation Location: Vacation of the R1ght-of-Way located on the Soutwest Corner of Eddy Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17, 2007 FAX OR E-MAIL TO: 235-9171 / Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. ` COMMENTS & RECOMMENDATIONS: ~,,, ~' BY: ~ DATE: ~ 8u~ 29 07 01:19p SBPD TRAFFIC Aug. ~8. 7001 11:36AM BRD PUB V~ORKS & SAFETY t~tTER~OFFfCE MEMOO~KNDUI4't BOARD OF PUBLIC WORKS (219)235-9308 p.5 No. 9995 P. lit TO_ Carl Llttrell, Engineering pepartment John 13yomi, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Devalopmer-t Bob Mathia, Community 8~ (=conomlc.Development Robert Sanders, Fire Departm®nt Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jlm 13ettin, NIPSCO (irbeltin(~nisourca corn or 284.2224 fax) Far lninrmatiOga! Purposes Only FROM; Linda M, Martin, Clerk RE: Request for Recomrnendstion • Property Vacation Location: VaC9tian of the Right-of Way located orr,~re SovtwestComer of Eddy Street end Angsla Boulevard (aka Edi o~,~2oa,~ (Preliminary Review? DATE: August 2$, 2007 Ot1E: Sgt~embet 17.2007 FA?C dR E-MAIL TO:, 235-9171 / lmartin(c'~southbandin.aov RETURN RECOMMENDATION PAGE ONkY. ATTACHMENTS NOT REQUIRED. 8Y _y,~,_7 DATE- ?5 ~~