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 #
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�►��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
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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
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7009 2820 0003 9311 0188
CITY OF SOUTH BEND
018 -3043-
BUILDING CORPSEE
1400 County- 101 W
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165404
NOTES
City Bldg South Bend IN 46601 SAMPLE South Bend
IN
46619
7009 2820 0003 9311 0201
018 -3046-
NELSON DEE LLCSEE
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South Bend
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UNITED DR
South Bend
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MECHANICS LAUNDRY&
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7009 2820 0003 9311 0232
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CITY OF SOUTH BEND FOR
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South Bend
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South Bend
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7010 2780 0000 5580 5758
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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.
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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
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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