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HomeMy WebLinkAbout9820-08 Vacation Alley - St. Vincent , Burns Street, Duey StreetORDINANCE No. sazooa Passed by the Common Council of the Ciry of South Bend, Indiana January 28, 20 08 Attest: Attest: ~-- ; --~ Presented by me to the Mayor of the City of South Bend, Indiana January 29, 20 08 City Clerk President of Common Council Ciry Clerk Approved and signed by me .January 30, 20 08 Mayor ORDINANCE NO. ~, $ Z~~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 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 FOR A DISTANCE OF 248 FEET, MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 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 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 FOR A DISTANCE OF 248 FEET, MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S ADDITION TO 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: Tax Key Number 18-5100-3526 Tax Key Number 18-5100-3527 Tax Key Number 18-5102-3579 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. .-.-~ ~ `~ Member he Common Counci Atte t: 'ty rk Presented by me to the Mayor of the City of South Bend, Indiana on the Z`Z-~ day of ~.,c;,~,u..~.vu 2 Qp~ , at ~ ~-l~ o' clock ~. m. Ce~.x-o3~ ~~,~, City Clerk c Approved and signed by me on the 2g day of 2~, at S o'clock m. ~.. Mayor, Cit f South Bend, Indiana In ClerK'e Alice Filed l l ~~~~~ 1st P.EADING PUBLIC HEARING l-L~-~fj 3 rd READING `,r 2 ~ _.p NOT APPROVED ^`FERRED PASSED D~ - ^ `^ L8 _c ~EC_52001 ~gROE ~O IN, CR`f C1.EFK, SQ. BES, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 03-08 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 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 FOR A DISTANCE OF 248 FEET, MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 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 favorite recommendation. Derek D. Dieter Chairperson. Committee of the Whole PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY T0: THE COMMON COUNCIL DATE: September 17, 2007 OF THE CITY OF SOUTH SEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: 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 DUEX STREET FOR A DISTANCE OF 248 FEET± AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. NAME (signed & printed) & ADDRESS Tax Key Number Northeast Neighborhood 18-5100-3526 Revitalization Organization, Inc. 18-5100-3527 803 Lincoln way West South Send, Indiana 46615 C.~2~~ ~~~~ ~~ ~1 ~ (~ l~~'~ For Northeast Neighborhood Re~fitalization Organization, Ina. University of Notre Dame Du Lac 18-5102-3579 224 Flanner Hall Notre Dame, Indiana 46556 J J. yphout, Vice President Business Operations For: University of Notre Dame Du Lac ~: ~..) ~ ~_ . :- «, 1. C~ `'J I ~~ ~~ ~ ~ ~ C-.,' r~ ... w O ~ -' . ~ , "~~ ~ ~ ~~ ' '~ U NAME: Danch, Harner & Associates, Inc. 1643 Conus-erce Drive South Bend, Indiana 46628 (574) 234-4003 Attn: Michael J. Danch --- ~.~.F .{c i '... ~, i.,{,yI ~` ~ r l I l'~ ~i ~ '~ 1 ,~. _, , _ .. ~'~ +r ~_ ... ...-,..1 .. _...... ; L•<---.^ ALLEY VACATION DIAGRAM SURVEY ORDERED BY: KITE REALTY GROUP SURVEY DATED: 8-30-07 LOTS 72 & 73, INCLUSIVE IN THE HARTMAN PROJECT NO.: O7O189.A AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, INDIANA. THE AL1EY TO BE VACATED IS DESCRIBED AS THE FlRST EAST-WEST AU.EY NORTH OF Si. VINCENT STREET FROM THE EAST RIGHT-OF-WAY UNE OF GEORGWJA STREET, TO THE WEST RIGHT-OF-WAY UNE OF BURNS STREET FOR A DISTANCE OF 248 FEETt AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S ADDRION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 3 a O r; f~ ~. o~ 0 a 0 H C7 0 W C7 U • •1 A '12' $ N; 90' 0' E ~. N 9 8 00' E ~ ° $ ,~ $ G` ~ ~ 110.00' ,a 110.00' 110.00' ~G 1~• ~5 g .°, e. ~ 11e.oo• 11 9 O` 6 ~ ~ r ~ .0 ~~. ~3t 9 '~ 3 110.00' 'S : 6~ y ^.n' C0 80 ~ ?l~\~ of 6' N g ~r ~~ z ~ ,.o ~ ~ i l0.ar b 65 `• ~9 S ~p ~;. ns.ar 6 g ~~' ~. S ~ 11noo' 7 , t 6~ ~ 6 ~~, V R~W C/L ST. a ... W P4 U UNE R UNE L VINCENT STREET {5O'Rjlf) ~~ ALLEY TO BE ACATED D__ancl~, HarKe_r d~Aa~actate~, ln~ Land Surveyors Professional Engineers Landscape Architects• Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4119 1643 Commerce Drive South Bend, IN 46628 -~- I 0 100' SCALE 1'~ 1DD' 1 4 i i i i i i i i .- ~. .' ~~ 18-5102 ~ - 3579 ~~ 248 ' - N r I '- 2~ 72 73 108 ~~~ 2 7 71 Q~ 74 10 7 ~ 28 . 70 75 106 , ' ~ ~ ~ , `~ Q ~ ~ , ~ ~~~. 29 ~ 6g~~ 76 -_ 105 --' Q - ---------------- ----------------- ---- 30 ~ 8 77 z 104 o ~ P ~ c ~ ,`~ ~ PQ- LEGAL DESCRIPTION: THE ALLEY TO BE VACATED IS DESCRIBED 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 FOR A DISTANCE 248 FEET +/- AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND MILLER'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. g„ d f =,. ~: .... k s'0 .~ [)EC 5 U~7 OF 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 1 R_.r,1 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 1R-.r,1~R-4~Q~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 ~`~le~ ~r>s ~~erk'~ C~~~~ECe DEC 5 2001 aot~c# ~Y N1JFlbE CETY GL~iiK, ~0. ~"E#0,1'x. ~-~ Uanch, F/arner ~ ~I ssociates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. December 3, 2007 Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Land Surveyors .Professional Engineers Landscape Architects Land Planners 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 ><chael J. Dan President Danch, Harner & Associates File # 070189.2 pjh ~'tt~~ tCi ~+1@C~e~ t3~$lC@ DEC 5 2001 aa~r: vaaR~~ ;a, tN. CR`1 CLEF ~K, ~0. 1643 Commerce Drive South Bend, IN 46628 office 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,INDtANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC CORKS September 25, 2007 Mr. Mike Danch Danch Harner & Associates, Inc. 1653 Commerce Drive South Bend, Indiana 46628 PxoNE574/235-9251 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 comer is not affected. The Board recommended this vacation favorably as long as the turning radius on the corner is not affected. GARYA. 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. 2007 11.33kM 8R0 PUB 6"4'ORKS & SAFETY INTER-(JFFICE 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 Dressel, 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 (irbettinna.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 Eddx Street and Angela Boulevard take Edisan Road) (Preliminary Review) DATE: August 28, 2007 DUE: ~ptember 17. 2007 FAX OR E-MAIL TO:, 235-91711 lmartin(a~southb®ndin.aov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS 8~ RECOMMENDATIONS: l ~gn ?biz. ~a~MsN ~S ne-~ ~ ~~~,s~~~ BY:---1f' i~~~2~ DATE: rf'~~ !/~ Area (plan Commission of St. J®seph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director 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 Eddy 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. Sincerel , 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 ,. ,, a BRD PUB WORKS & SAFETY INTER-OFFICE MEiN14RANDUM BOARD OF PUBLIC WORKS No, 9996 P. 1/2 TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community ~ Economic.Davelopment Robert Sanders, Fire Department Jack Diilon, Solid Waste Stephen Goen, Police Department Chery( Greene, City Attorney's Office Jim Bettie, NIPSCO (~rbettinCa~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 R~ht-of-Wad Ideated on the Soutwest Comer of Eddy Street and Angela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17, 2007 FAX ORE-MAIL TO: 235-9171 / ImartinCa~southbendin.stov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. 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-,Gibney; -Gomm.upity-&-EeonnrMre-DevetaKrmet~t Chris Dressel, Community & Economic Development c.~ob Mathia, Community & Economic Development Robert Sanders, Fire Department ~'ack Dillon, Solid Waste (~Frtephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk a~ r`` RE: Request for Recommendation -Property Vacation Location: Vacation of the RI ht-of-Wa located on the Soutwest Corner of Edd 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: gY; DATE: INTER-OFFICE MEMORANDUM EOARD OF PUELIC WORF(S TO: VCarl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, 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(c~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 Anaela Boulevard (aka Edison Road) (Preliminary Review) DATE: August 28, 2007 DUE: September 17. 2007 FAX OR E-MAIL TO: 235-9171 l Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ~1A • • ~ L~V gY; ~ DATE: ~ Rug 29 07 01:19p SBPD TRAFFIC Aug. 28. 7001 11:36AM~ BRD PUB V~ORKS & SAFETY thJtTf:t~-OFFfCE NfEMCf2f~N®U~t BOARQ OF Pi!®LIC W®Rf(S (219)235-9308 p•5 ~~0.9996 P. 1i2 TO. Carl Litte®II, Engineering Department John Byon1l, Area Plan Commission (235.913 fax) JeH Gibney, Community & Economic Development Chris Drasael, Community & Economic Qevelapment Bob Mathia, Community & l=conomlc.Dsvelopment Robert Sanders, Fire Departm®nt Jack Dillon, Solid Waste Stephen Goen, Police Department Cheryf Greene, City Attorney's ditice Jtm l3ettin, NIPSCO Grbettin(~lnisourca:com or 29d-2224 fax) Far Ininrmatiaga) Purposes Only FROM; Linda M, Martin, Clerk RE: Request for Recomrnendatlon -Properly Vacation Location: Vacation of the Rloht-af:Way located Qn the ~avtwest Comer of Eddy Strut and Anaela Boulevard (aka Ediso~toa,~ (F'reiiminary R®viswj tDATE: August 28, 2007 , BY:~~~ DATE: ?5 /~ QUE: ~otember 17.2007 PAX OR ~E-MAII. TO:, 235-171 / lmartin(a~southiaanc9in.aov RETURN RECOMMEAtDATION P-AGE ONkY. ATTACHMENTS NOT REQUfRED.