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HomeMy WebLinkAbout10157-12 Vacation - Portion of United Drive (Prairie Avenue)ORDINANCE No. 10157-12 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: April 23, 2012 Presented by me to the Mayor of the City of South Bend, Indiana April 24, 20 12 City Clerk President of Common Council F-wXWOOMMA City Clerk Approved and signed by me f�`t Z 20 Z- ORDINANCE NO. OL S� `t, AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT -OF- WAY OF SCOTT STREET TO THE SOUTH RIGHT -OF -WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT -OF -WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT -OF- WAY LINE OF SOUTH STREET 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 STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT -OF -WAY OF SCOTT STREET TO THE SOUTH RIGHT -OF- WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS FOR A DISTANCE OF 750 FEET, PLUS OR MINUS AND A WIDTH OF 80 FEET. A SECOND PORTION TO BE VACATED OF SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT -OF -WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT -OF -WAY LINE OF SOUTH STREET FOR A DISTANCE OF 63.49 FEET, MORE OR LESS AND A WIDTH OF 80 FEET. SAID RIGHT - OF -WAY BEING A PART OF STUDEBAKER CORP. REPLAT AND STATE BANK OF INDIANA PLAT OF OUTLOTS, TOWN (NOW CITY) OF SOUTH BEND, PORTAGE TOWNSHIP, 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- 3043 -1655 018- 3043 - 165407 018- 3043 - 165408 018- 3043 - 165409 SECTION IV. The purpose of the vacation of the real property is to create and further development opportunities on the former Millennium Environmental site and allow connectivity through development to the Union Station site and the Ivy Tower complex. This vacation shall be subjected to a memorandum of understanding between the property owner and the redevelopment commission addressing coordination and assembly for furtherance of the Renaissance District. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and a roval by th ayor. Member of the Common Council der Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 4 t L , at I L- `. t-o o'clock -P--. M. City Clerk /Dy WAI Approved and signed by me on the Z5- day of , 2 0 D-, at t `-Jo o'clock _ Q . m. 1 sfi READING 2 t3 -(� PUBLIC HEARING —L L 3rd READING NOT APPROVED. ,EFERRED U PASSED Mayor, Ci of SqMf frll§end, Indiana Filed in MAR 2 i 20`12 ... —J CITY CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 03 -12 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF UNITED DRIVE (PRAIRIE AVENUE) FROM THE EAST RIGHT -OF -WAY LINE OF SCOTT STREET TO THE SOUTH RIGHT -OF -WAY LINE OF THE NORFOLK AND SOUTHERN RAILROAD OVERPASS. A SECOND PORTION TO BE VACATED IS SAID UNITED DRIVE BEGINNING AT THE NORTH RIGHT -OF -WAY LINE OF SAID NORFOLK AND SOUTHERN RAILROAD OVERPASS THENCE NORTH TO THE SOUTH RIGHT -OF -WAY LINE OF SOUTH STREET 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. This bill was heard by the Public Works and Property Vacation Committee Karen L. White 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: 2/6/2012 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: NIA B. THE STREET DESCRIBED AS: The street to be vacated is a portion of United Drive (Prairie Avenue) from the east Right -of- Way of Scott Street to the south Right -of -Way line of the Norfolk and Southern Railroad overpass for a distance of 750 feet , plus or minus and a width of 80 feet. A second portion to be vacated of said United Drive beginning at the north Right -of -Way line of said Norfolk and Southern Railroad overpass thence North to the south Right -of -Way line of South Street for a distance of 63.49 feet, more or less and a width of 80 feet. Said Right -of -Way being a part of Studebaker Corp. Replat and State Bank of Indiana Plat of Outlots, Town (now City) of South Bend, Portage Township, St. Joseph County, Indiana. NAME (signed & printed) ADDRESS LOT # �. . `12 ox 172 6x r4 9 k& 0 3-145140`l �►��3- l�s�to 0 CONTACT PERSON (S) NAME: Mikel Currier, PLS Wightman Petrie, Inc. RETURN TO: _ OFFICE OF THE CITY CLERK ADDRESS: 412 S. Lafayette E 13019d 9d in Qeri 's #f!! . JOHN VOORDE, CITY CLERK South Bend IN 41 601 ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND, IN 46601 FE9 Q 7 WIZ 574 - 235 -9221 PHONE: (574) 232 -4388 �e �t� CI y cw a� m 018- 30441733 0,8- 30441894 018. 30441083 / 018.3044888 0 h 3 N 0 Q h /, a e s s sourm sr t to r 150' / f / 018. 3943-,85404 LEGAL DESCRIPTION: 0184043-,80901 018.3043.109 O,B.3M3- ,8540^ Y / N 1 Z 2 N� O di � r (`9TY a The street to be vacated is a portion of United Drive (Prairie Avenue) from the East right of way of Scott street to the South right of way line of the Norfolk and Southern railroad over pass for a distance of 750 feet, plus or minus and a width of 80 feet. A second portion of said United Drive starting at the North right of way line of said Norfolk and Southern railroad over pass then North to the South right of way line of South Street for a distance of 63.49 feet, more or less and a width of 80 feet. Said right of way being a part of Studebaker Corp Replat and State Bank of Indiana Plat of Outlots, Town now City of South Bend, Portage Township, St Joseph County, Inciana cels Countv Parcels � 3a 0 F00 �°6 . .y an�g PRO MAILINGAD MAIL MAILIN PROP—ADD P_S PROP Rec PARCELID NAME-1 D MAILINGCIT INGS GZIP R PROP _CITY TAT _ZI P TA E 7009 2820 0003 9311 0188 CITY OF SOUTH BEND 018 -3043- BUILDING CORPSEE 1400 County- 101 W 1 165404 NOTES City Bldg South Bend IN 46601 SAMPLE South Bend IN 46619 7009 2820 0003 9311 0201 018 -3046- NELSON DEE LLCSEE 840 Unite 2 1772 NOTES Dr South Bend IN 46601 UNITED DR South Bend IN 46601 MECHANICS LAUNDRY& 7009 2820 0003 9311 0218 SUPPLY INC C/O CINTAS 6800 Cintas --] 018 -3044- CORPORATION 12 /2003 Blvd Po Box 835 PRAIRIE 4 168801 PROB DEED SURVEY 625737 Cincinnati OH 45262 AVE 46625 7009 2820 0003 9311 0225 018 -3044- MODEL COVERALL 717SScott ist 5 1688 SERVICE INC. South Bend IN 46601 717 SCOTT 46625 7009 2820 0003 9311 0232 018 -3044- AB CUSTOM FABRICATING PO BOX SCOTT 6 1683 LLC 1713 4742 South Bend IN 1 46634 ST 46621 7009 2820 0003 9311 0249 018 -3044- A B CUSTOM FABRICATING co 707S 7 1664 LLC St South Bend IN 46601 SCOTT ST 46621 018 -3043- P O Box 600 PRAIRIE 8165408 IVY TOWER CORP 1228 South Bend IN 7010 2780 0000 5580 5721 -- 7010 2780 0000 5580 5734 boo VAc 018 -3043 I LOT ON ox 9 165409 IVY TOWER CORP 1228 South Bend IN 466241 PRAIRIE AV 46625 7010 2780 0000 5580 5741 CITY OF SOUTH BEND FOR 227 W 604S 018 -3043- THE USE AND BENEFIT OF Jefferson 10 1655 DEPT OF REDV Blvd ste1200 South Bend IN 46601 SCOTT South Bend IN 46616 7010 2780 0000 5580 5758 18 LOT ON 018 -3043- PRAIRIE CITY OF SOUTH BEND 1400 County I 12 165407 BUILDING CORP City Bldg I South Bend IN 1 46601 7.803 AC AV 46618 � 3a 0 F00 �°6 . .y an�g LEGAL DESCRIPTION The street to be vacated is a portion of United Drive (Prairie Avenue) from the east Right -of -Way of Scott Street to the south Right -of -Way line of the Norfolk and Southern Railroad overpass for a distance of 750 feet, plus or minus and a width of 80 feet. A second portion to be vacated of said United Drive beginning at the north Right -of -Way line of said Norfolk and Southern Railroad overpass thence North to the south Right -of -Way line of South Street for a distance of 63.49 feet, more or less and a width of 80 feet. Said Right -of -Way being a part of Studebaker Corp. Replat and State Bank of Indiana Plat of Outlots, Town (now City) of South Bend, Portage Township, St. Joseph County, Indiana. e in orks .: We 1 F�9 07 a �. 1316 COUNTY -CITY BUILDING 22.7 W. JEPPERsoN BOULEVARD SOUTH BEND, INDIANA 466o7 -1S30 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR .BOARD OF PUBLIC WORKS January 31, 2012 Mr. Mike Currier c/o Wightman Petrie 412 South Lafayette Boulevard South Bend, Indiana 46601 PHONE 574123 59251 FAX 574/235-917X RE: Street Vacation — United Drive from Scott Street Northeast to Penn Central Railroad (Preliminary Review) Dear Mr. Currier: The Board of Public Works, at its January 31, 2012 meeting, reviewed comments and recommendations from the Engineering Division, Area Plan Commission, Economic Development, Fire Department, and Solid Waste Division. 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. Engineering stated you must provide access to the former MEI site for demolition purposes. The Board recommended approval of the street vacation subject to finalization and approval of a Memorandum of Understanding between the property owner, Kevin Smith, and the City of South Bend. Once the Memorandum of Understanding is approved, please contact Tony Molnar at (574) 235 -9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your street vacation packet. Sincerely, Lin M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office W W w 0 �o 8-110 4 0 ° K a o O 1 Q co � i z.lF � n t "VI m •A wv Q a qA � N m A t Ch z t �O AGO �A C�tp o 4 N Q o u c un ea•�a Q{ �s �a i s ■s a.s , 60 $ in 61 ° 1l1 W N O g t d aD cn a w N � o r: s Voc S WILLIAM S + ♦A i I 41.0 ACD Ba. � NO IF Vac FRANKLIN S7. rA c vl W 10 r � a o Irlk i z.lF � n �a "VI m N Q o u c un ea•�a Q{ �s �a i s ■s a.s , 60 $ in 61 ° 1l1 W N O g t d aD cn a w N � o r: s Voc S WILLIAM S + ♦A i I 41.0 ACD Ba. � NO IF Vac FRANKLIN S7. rA c vl W 10 r � a o Irlk "VI m Page 1 of 1 Nancy Schrader - Urgent - Street Vacation Recommendation - United Drive From: Nancy Schrader To: Memo - Vacations Date: 1/27/2012 9:07 AM Subject: Urgent Street Vacation Recommendation - United Drive Attachments: Please provide your recommendation to the attached today. Important redevelopment project must be done quickly. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fox: (574) 235-9171 ---- N- -- NNNNNN/V NNNNNN------ --/v"\ NNNNNN --I NNNNNN - -N lV This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. N��NNNNN NN NN/�il��N/V IV ------------- - NNNNNN NNNNN file://C:\Documents and SettingsMSCHRADTocal Settings \Temp\XPgrpwise \4F226935... 1/27/2412 Page 1 of 1 Nancy Schrader - Re: Urgent - Street Vacation Recommendation - United Drive From: Bill Schalliol To: Nancy Schrader Date: 1/27/2012 9:09 AM Subject: Re: Urgent - Street Vacation Recommendation - United Drive Good project. We [CED] are working with the developer master planning ways to approve traffic circulation event thought we are seeking to shut down United Drive. Bill S Bill Schalliol Assistant Director of C &ED Community and Economic Development City of South Bend 1200 County -City Building 227 West 3efferson Blvd, South Bend, IN 46601 574- 235 -5842 Phone 574 -235 -9021 Fax bschalli @southbendin.gov www,southbendin,gov >>> Nancy Schrader 1/27/2012 9:06 AM >>> Please provide your recommendation to the attached today. Important redevelopment project must be done quickly. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235 -9171 NNN hr hr N/\ /N / \r!\r /V NN Nhi N rV hr h/N rVNN /VN NNN/\ /NN N/\rNNN Nh/rVNNN/V N h /NNNNh• This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. N NN N rvrV rVNNN/\rNN NNrtrNN NNNr\/NNNN/\rNI\•ry N/V N N N NN NN NN N N N N NN NNN file://CADocuments and SettingsMSCHRAD\Local Settings \Temp\XPgrpwise \4F2269B0... 1/27/2012 INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 1/27/2012 TO: Andre Price, Solid Waste RoMichols, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Bill Schalliol, Community & Economic Development .John Byorni, Area Plan Commission (ibvorniQ_co.st- ioseah.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (pmariffin _nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION APPLICANT: Community and Economic Development LOCATION: United Drive from Scott Street Northeast to Penn Central Railroad DATE DUE: ASAP — 1127/12 FAX OR E -MAIL TO: 235 -9171 / lmartin(a)-southbendin.nov RECOMMENDATIONS AND COMMENTS: A "Js-r Ctovzt �c Acrc €SS 1b fbgm, 14ES ?X-re- i-aR t7fc A4"?3Cc�7 B IZ ft�� -� �7 f2, Y f -.>� Date 1 From: Federico Rodriguez To: Nancy Schrader Date: 1/27/2012 10:28 AM Subject: Re: Urgent - Street Vacation Recommendation - United Drive Street Vacation approved by S.B.F.D, Federico "Chico" Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574 -235- 7564(0) 574- 235- 9305(F) frodrip u@southbendin.aov >>> Nancy Schrader 1/27/2012 9:06 AM >>> Please provide your recommendation to the attached today. Important redevelopment project must be done quickly. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -4251 Fax: (574) 235 -9171 -------------------- -- --- ------------------ - - - - - -- This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD„ ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9371 January 30, 2012 City of South Bend Board of Public Works 13th Floor, County -City Building South Bend, Indiana 46601 RE: Street Vacation Petitioner: Community & Economic Development Location: United Drive from Scott Street to the Penn Central Railroad Dear Board Members: The staff has reviewed this petition. It is the staffs 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. It is our understanding that the alley is purposed to be vacated for future development. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. Access will continue to be provided from Sample Street or Lafayette Blvd. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. This alley does not access 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 use of adjacent public ways will not be hindered by this vacation. Lafayette Blvd and Scott Street will continue to provide north -south access. Due to the above stated reasons, the staff recommends that the proposed street vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, % "h Christa Nayder, Planner SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, a ROSELAND WWW. STJ 0 SE PH COUNTY IND I ANA. COM From: Chris Dressel 7b: Nancy Schrader Date: 1/27/2012 4:51 PM Subject: Re: Urgent - Street Vacation Recommendation - United Drive Attachments: Chris Dressei.vcf Recommended for approval. Christopher D. Dressel Planner Bicycle Coordinator Weed and Seed Coordinator City of South Bend Division of Community Development 1200 County -City Building 227 W. Jefferson South Bend, IN 46601 Phone., 574-235-5847 Fax: 574 -235 -9469 cd ressel @southbendin.gov >>> Nancy Schrader 1/27/2012 9:06 AM >>> Please provide your recommendation to the attached today. Important redevelopment project must be done quickly. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235 -9171 --------------------------------------- ----- - - - - -- This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originatly addressed. Any use by others is strictly prohibited. From; Andre Price To: Bill Schallioi; Cheryl Greene; Chris Dressel; Federico Rodriguez; jb... Date: 1/30/2012 7:47 AM Subject: Re: Urgent - Street Vacation Recommendation - United Drive This will not affect trash collection. Andre Price Manager of Operations City Of South Bend Solid Waste Dept. 235 -5796 From: <pmgriffin @NiSource.com> To: "Nancy Schrader" <NJSCHRAD @southbendin.gov> Date: 1130/2012 8:18 AM Subject: Re: Urgent - Street Vacation Recommendation - United Drive Attachments: pic11840.gif; S45C- 512012710090.pdf CC: <Imartin @southbendin.gov> NIPSCO has no objections Philip M. Griffin NIPSCO Project Engineer Office Phone: 574- 284 -2214 Mobile Phone: 574 -220 -3804 FAX: 574 - 284 -2220 "Nancy Schrader" <NJSCHRAD @southbe n.din.gov> To <jbyorni @co.st joseph.in.us >, 01/27/2012 09:06 < pmgriffin @nisource.com >, "Andre AM Price" <APRICE @southbendin.gov >, "Bill Schalliol" <BSCHALLI @southbendin.gov >, "Chris Dressel" <CDRESSEL @southbendin.gov >, "Cheryl Greene" <CGREENE @southbendin.gov >, "Federico Rodriguez" <frodrigu @southbendin.gov >, "Rob Nichols" <RNICHOLS @southbendin.gov >, "Stephen Goen" <SGOEN @southbendin. gov> cc "Nancy Schrader" <NJSCHRAD @southbend i n.gov> Subject Urgent - Street Vacation Recommendation - United Drive Please provide your recommendation to the attached today. Important redevelopment project must be done quickly. TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE DUE: FAX OR E -MAIL TO: INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 1/27/2012 ,/ndre Price, Solid Waste ,/R&Nichols, Engineering Department Chris Dressel, Community & Economic Development iZPederico Rodriguez, Fire Department v*8i11 Schalliol, Community & Economic Development 6.4ohn Byorni, Area Plan Commission (jbyorni ,co.st- iosetih.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Griffin, NIPSCO (omgriffin ,nisource.com) (FYI Only) Linda M. Martin, Clerk REQUEST FOR RECOMMENDATION -- STREET VACATION Community and Economic Development United Drive from Scott Street Northeast to Penn Central Railroad ASAP — 1127/12 235 -9171 / Imartin(a-southbendin.gov RECOMMENDATIONS AND COMMENTS: BY _ Date