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HomeMy WebLinkAbout9551-04 Vacation - portion of Chapin Street north of Sample to United DriveI ~ ~ r ORDINANCE No. 9551-04 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana November 23, JO. 20 04 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me November 2 3 20 0 4 Mayer November 22, 20 04 Revised 9/24/04 ORDINANCE NO. S S -- (~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A portion of the East side of Chapin Street North of Sample Street to United Drive and approximately 720 feet of United Drive running East from Chapin 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: A PART OF THE SOUTHEAST QUARTER (1/4) OF SECTION ELEVEN (11), TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE TWO (2) EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF UNITED DRIVE AND EAST RIGHT-OF-WAY LINE OF CHAPIN STREET; THENCE ALONG SAID NORTH RIGHT- OF-WAY LINE OF UNITED DRIVE AROUND A 93.40 FOOT RADIUS TO THE LEFT AN ARC DISTANCE OF 146.58 FEET TO THE END OF A CHORD WHICH BEARS SOUTH 44°-57'-35" EAST AND HAVING A DISTANCE OF 131.99 FEET; THENCE SOUTH 89°-55'-05" EAST, 168.97 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE OF UNITED DRIVE TO A POINT ON A CURVE HAVING A RADIUS OF 708.20 FEET; THENCE BEARING LEFT ALONG SAID CURVE AND RIGHT-OF-WAY LINE AN ARC DISTANCE OF 92.89 FEET, (CHORD BEARING AND DISTANCE=NORTH 86°-19'-29" EAST, 92.82 FEET) TO A POINT ON A CURVE HAVING A RADIUS OF 242.48 FEET; THENCE BEARING LEFT ALONG SAID CURVE AN ARC DISTANCE OF 192.23 FEET, (CHORD BEARING AND DISTANCE=NORTH 59°-51'-20" EAST, 187.24 FEET); THENCE NORTH 33°-47'-13" EAST, 81.55 FEET ALONG SAID RIGHT-OF-WAY LINE; THENCE NORTH 00°-00'-32" EAST, 23.08 FEET; THENCE NORTH 89°-57'-19" EAST, 105.38 FEET TO THE EAST RIGHT-OF-WAY LINE OF UNITED DRIVE; THENCE SOUTH 29°-42'-31"WEST, 209.90 FEETALONG SAID RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF UNITED DRIVE; THENCE SOUTH 59°-37'-45"WEST, 86.83 FEET ALONG SAID RIGHT-OF-WAY LINE TO A POINT ON A CURVE HAVING A RADIUS OF 326.48 FEET; THENCE BEARING RIGHT ALONG SAID CURVE AND RIGHT-OF- WAY LINE AN ARC DISTANCE OF 173.53 FEET, (CHORD BEARING AND DISTANCE=SOUTH 74°-51'-20" WEST, 171.49 FEET); THENCE NORTH 89°-55'-05"WEST, 217.59 FEET ALONG SAID RIGHT-OF-WAY LINE TO A POINT ON A CURVE HAVING A RADIUS OF 93.31 FEET; THENCE BEARING LEFT ALONE SAID CURVE AND RIGHT-OF-WAY LINE AN ARC DISTANCE OF 146.71 FEET, (CHORD BEARING AND DISTANCE=SOUTH 45°-02'-25"WEST, 132.06 FEET) TO A POINT ON THE EAST RIGHT-OF--WAY LINE OF CHAPIN STREET; THENCE SOUTH 00°-00'-05" EAST, 192.02 FEETALONG SAID RIGHT-OF-WAY TO A POINT ON A CURVE HAVING A RADIUS OF 96.90 FEET; THENCE BEARING LEFT ALONG SAID CURVE AND RIGHT-OF-WAY LINE AN ARC DISTANCE OF 142.00 FEET, (CHORD BEARING AND DISTANCE=SOUTH 41 °-58'-59" EAST, 129.63 FEET) TO A POINT ON A CURVE HAVING A RADIUS OF 2 100.00 FEET; THENCE BEARING RIGHT ALONG SAID CURVE AN ARC DISTANCE OF 154.14 FEET, (CHORD BEARING AND DISTANCE=NORTH 46°-14'-36" EAST, 139.33 FEET); THENCE NORTH 00°-03'- 37" EAST, 365.49 FEET; THENCE NORTH 00°-56'-20" EAST, 93.27 FEETTO THE POINT OF BEGINNING, CONTAINING 1.64 ACRES, MORE OR LESS, SUBJECT TO ALL PUBLIC HIGHWAYS AND ANY EASEMENTS OF RECORD, IF ANY. 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 Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number 18-3043-1654.04 18-3046-1772 18-3046-1688.01 18-3044-1660 18-3046-1739.01 18-3046-1739 18-3066-2540 SECTION IV. The purpose of the vacation of the real property is to a11ow for the construction of a proposed addition to the United Beverage Building facility located on the Northeast corner of Sample Street and Chapin Street. This vacation will also allow for the re-location of United Drive approximately 280 feet to the North of its present location. SECTION V. This ordinance shall be passed by the Common Council and be in full force and effect from and after its passage by the Common Council and approval by the Mayor. lL /t..~i-'t Memb r of the Common Coun it Attes I rk 3 Presented by me to the Mayor of the City of South Bend, Indiana on the 3 w day of ~J~~~,r•..~x:~/' , 2 ©Oy , at (~'~ S o o'clock cam. m. ~~ City Cle Approved and signed by me on the ~ day of ~ , 2~, at l o clock ~. m. 1st READING ~~"13-~ ` 1 PUBLIC HEARING I ~ ~LL-a'I aS S u.~S'M'7'U~ 3 rd READING ' (_Ly_d ~l QS SV.14s-~~ ~'t.~~c~4 NOT APPROVED REFERRED PASSED L `-t-Z'~`I Cj. ~ S u-~~~~~J"~ s. Mayor, City o out Bend, Indiana Filed In Clerk's Cilia;, JOHN VOORDE Crnr 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. 59-04 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE EAST SIDE OF CHAPIN STREET NORTH OF SAMPLE STREET TO UNITED DRIVE AND APPROXIMATELY 720 FEET OF UNITED DRIVE RUNNING EAST FROM CHAPIN 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 as substituted by changing the legal description to include a small portion of land, by Area Plan's request(See attached letter from Mike Danch) . Sean Coleman Chairman ~~~s~n~ 18- 3044 ~ 1660 ' LL.I I__._ - 1739 ~ ~ : -- ,~ - - O ~\ - - --- • . ------ U ;' "•10' 18- 3046 ~ '; 1688.01 ~ i ' 1739.01 i i i i i / UNITED DRIVE ' w ' w 18-3066 ~ ~ 150."• ~ Z r--__-_--- ' 8- 3046 --° i i a ~ ~ ~ Q 1772 / , 165s.04~ U , 18-3043 ._ i i i A ~' i ~ Cn m ' ~ ~ °- -o ° ~ m ~` ~ Z N (D ' O ' `SAMPLE STREET °° o -S c m c m°~. t! h ' ('D LEGAL DESCRIPTION UNITED DRIVE ~ CHAPIN STREET VACATION BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTH RIGHT-0F-WAY LINE OF UNITED DRIVE AND EAST RIGHT-0F-WAY LINE OF CHAPIN STREET; THENCE ALONG SAID NORTH RIGHT- OF-WAY LINE OF UNITED DRIVE AROUND A 93.40 FOOT RADIUS TO THE LEFT AN ARC DISTANCE OF 146.58 FEET TO THE END OF A CHORD WHICH BEARS SOUTH 44'-57'-35" EAST AND HAVING A DISTANCE OF 131.99 FEET; THENCE SOUTH 89'-55'-05" EAST, 168.97 FEET ALONG SAID NORTH RIGHT-0F-WAY LINE OF UNITED DRIVE TO A POINT ON A CURVE HAVING A RADIUS OF 708.20 FEET; " THENCE BEARING LEFTALONG SAID CURVE AND RIGHT-0F-WAY LINE AN ARC DISTANCE OF 92.89 FEET, (CHORD BEARING AND DISTANCE=NORTH 86'-19'-29" EAST, 92.82 FEET) TO A POINT ON A CURVE HAVING A RADIUS OF 242.48 FEET; THENCE BEARING LEFT ALONG SAID CURVE AN ARC DISTANCE OF 192.23 FEET, (CHORD BEARING AND DISTANCE=NORTH 59'-51'-20" EAST 187 24 , . FEET); THENCE NORTH 33'-47'-13" EAST, 81.55 FEET ALONG SAID RIGHT-0F WAY LINE; THENCE NORTH 00'-00'-32" EAST, 23.08 FEET; THENCE NORTH 89'-57'-19" EAST, 105.38 FEET TO THE EAST RIGHT-0F-WAY LINE OF UNITED DRNE; THENCE SOUTH 29'2'-31"WEST, 209.90 FEETALONG SAID RIGHT-0F-WAY LINE TO A POINT ON THE SOUTH RIGHT-0F-WAY LINE OF UNITED DRIVE; THENCE - SOUTH 59'-07'-45"WEST, 86.83 FEET ALONG SAID RIGHT-0F--WAY LINE TO A POINT ON A CURVE HAVING A RADIUS OF 326.48 FEET; THENCE BEARING RIGHT ALONG SAID CURVE AND RIGHT-0F- WAYLINE ANARC DISTANCE OF 173.53 FEET, (CHORD BEARING AND DISTANCE=SOUTH 74'-51'-20" WEST, 171.49 FEET); THENCE NORTH 89'-55'-05"WEST, 217.59 FEET ALONG SAID RIGHT-0F-WAY LINE TO A POINT ON A CURVE HAVING A RADIUS OF 93.31 FEET; THENCE BEARING LEFT ALONE SAID CURVE AND RIGHT-0F-WAY LINE AN ARC DISTANCE OF 146.71 FEET, (CHORD BEARING AND DISTANCE=SOUTH 45'-02'-25"WEST, 132.06 FEET) TO A POINT ON THE EAST RIGHT-0F-WAY LINE OF CHAPIN STREET; THENCE SOUTH 00'-00'-05" EAST,192.02 FEET ALONG SAID RIGHT-0F-WAY TO A POINT ON A CURVE HAVING A RADIUS OF 96.90 FEET; THENCE BEARING LEFT ALONG SAID CURVE AND RIGHT-0F-WAY LINE AN ARC DISTANCE OF 142.00 FEET, (CHORD BEARING AND DISTANCE=SOUTH 41'-58'-59" EAST, 129.63 FEET) TO A POINT ON A CURVE HAVING A RADIUS OF 100.00 FEET; THENCE BEARING RIGHT ALONG SAID CURVE AN ARC DISTANCE OF 154.14 FEET , (CHORD BEARING AND DISTANCE=NORTH 46'-14'-36" EAST, 139 33 FEET); THENCE NORTH 00'-03'- 37" EAST, 3fi5.49 FEET; THENCE NORTH 00'-56'-20" EAST, 93.27 FEET TO THE POINT OF BEGINNING , CONTAINING 1.64 ACRES, MORE OR LESS, SUBJECT TO ALL PUBLIC HIGHWAYS AND ANY EASEMENTS OF RECORD, IF ANY. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO: THE COMMON COUNCIL DATE: SEPTEMBER 1, 2004 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE PORTION OF CHAPIN STREET TO BE VACATED IS APPROXIMATELY 12 FEET WIDE EAST & WEST RUNNING FROM SAMPLE STREET ON THE SOUTH TO UNITED DRIVE ON THE NORTH AND ALSO UNITED DRIVE BEGINNING AT CHAPIN STREET ON THE WEST AND RUNNING APPROXIMATELY 720 FEET TO THE EAST TO A TERMINATION POINT, SAID RIGHT-OF-WAYS BEING A PART OF THE PLAT OF THE "INNER BELT INDUSTRIAL PARK" RECORDED IN PLAT BOOK # 21 ON PAGE # 1 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. NAME (signed & printed) & ADDRESS Tax Key Number City of South Bend 18-3043-1654.04 14u' Floor County-City Building South Bend, Indiana 46601 For City of South Bend Dee Family Limited partnership C/O United Beverage Co. of South Bend, Inc. 840 Prairie Avenue South Bend, Indiana 46601 18-3046-1772 18-3046-1688.01 _:~'°~ ~~ For Dee Family Limited Partnership Central Food Bank, Inc. 7 th Ber,~iX Incd~alna 46601 18-3044-1660 ndiana RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 COUNTY-CITY BLDG SOUTH BEND, INDIANA 46601 (574) 235-9221 C ood Bank, Inc CONTACT PERSON (S) Filed !n Clerk's Office S EP - 7 2004 JOHN VOORDE CRY CLERK, 50. BEND, IN. NAME: Danch, Harner & Associates, Inc. 2422 Viridian Drive, Suite 201 South Bend, Indiana 46628 (574) 234-4003 1. City of South Bend 18-3043-1654.04 14~' Floor County-City Building South Bend, Indiana 46601 2. Dee Family Limited partnership 18-3046-1772 C/O United Beverage Co. of 18-3046-1686.01 South Bend, Inc. 840 Prairie Avenue South Bend, Indiana 46601 3. Northern Indiana Central Food Bank, Inc. 18-3044-1660 718 Chapin Street South Bend, Indiana 46601 4. Hopewell Baptist Church, Inc. 18-3046-1739 812 Portage Avenue South Bend, Indiana 46616 5. Peter & Frances Holbert 18-3046-1739.01 750 Chapin Street South Bend, Indiana 46625 6. Raitt Corporation 18-3066-2540 815 West Sample Street South Bend, Indiana 46601 Filed In Clerk'S Office ~' ~ ~ - 1 20Q4 CITY Ci.biin, w;0. E3cND, IIV. (~~ Uanch, F/arner & ~I ssociates, /nc. MICHAEL J. RANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. 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 September 1, 2004 RE: Vacation Petition for a portion of the East side of Chapin Street North of Sample Street and approximately 720 feet of United Drive running East from Chapin Street: Dear Council Members: Our clients, the City of South Bend, the Dee Family Limited Partnership and the Northern Indiana Central Food Bank, Inc., are requesting the approval of the Vacation of a portion of the East side of Chapin Street located between Sample Street on the South and United Drive on the North and also approximately 720 feet of United Drive running East from Chapin Street. The reason for this request is to allow for the construction of the a proposed addition to the United Beverage Building facility located on the Northeast corner of Sample Street and Chapin Street. This vacation will also allow for the re-location of United Drive approximately 280 feet to the North of its present location. The City and the Petitioners believe that vacating the above mentioned right-of--ways will not have a detrimental effect on the adjacent properties located along this portion of Chapin Street and United Drive. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Michael J. Ranch President Ranch, Horner & Associates File # 030103 "C" Md. Filed ni Cterk'e Office SEP - 1 2004 JOAN VOORDE CITY CLERK, S0. B1rND, IN. 2422 Vridian Drive, Suite 201 South Bend, IN 46628 once 5741234-4003 ^ 800/ 594-4003 ^ Fax 5741234-4119 208 West Mars Berrien Springs, MI 49103 office 2691471-3010 ^ Fax 269/471-7237 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS September 24, 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 574f235-9171 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 alley vacation: Portions of Prairie Avenue, East of Scott Street and West of Chapin Street. The Division of Engineering, Area Plan Commission, Community & Economic Development, Fire Department, Solid Waste, Police Department and the City Attorney's office submitted favorable recommendations. Engineering stated that an alternate route must be completed. The closure/vacation of the south lane is subject to revisions to the existing curb openings to accommodate two-way traffic in the north half. The Board of Public Works submits to you a favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. Sincerely, z ~ ~~ Angela .Jacob, CI Board of Public Works c: Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor' Office P~ ~~o ~ ~ o U a ~T~~ p R~ ~~ ;l I To g~ R-~ ~- ,~ 4 S~ Revleed Copyrlphr 2003 .~ Copyrl9ht 1986 THE SIOWELI COMPI SCALE: I" • 100' 8-IIG 303.54 _____ 7 7 ? 1 r P><-2s5/ ~ I O I Z Q ~ I ~ ~~ I tlR YoC. 1 ~O ~' 693 49.5 4 .5 '~ 99.5 ~+` ~~ / n v ~ n ~d ' l9 ~ i ~n L ~r l1~ C ~ m ~ ~ ~ 2 I i~ a r~o.oo .n OUNNAM vac.. ST. ~° 93J 47 3GO.42 ,J ' I~ BO ~~j0 18-3066 Pf 2 ~~~ -2540 •~~ \~ ~~ V 6e34 ~/ ~ ~ //~.YG 1 ~_ - 8-~4C "1 ~' PORTAGE TWP. C ~, o W. ~/2 S.E. ~/a SEC. I I , T. 3 7 N. R.2 E. ~~ ~~ .~`~ ~I '.~ ~~ s ~ 19.92 3~ 18-3043 Py P~ Q~ ~ ~ QvP ~~ Pt. I`-1654.04 Q~ -y r. _,. J INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation - (near Chapin Street) Preliminary Review DATE: April 19, 2004 . Attached is a portion of the Plat Book (highlighted area) for a request for an ~ vacatioh. would appreciate receiving your comments and recommendation concerning this vacation no later than May 5, 2004. Thank you for your cooperation. COMMnENTS & RECOMMENDATIONS: o '~~~ BY: DATE: INTER-OFFICE MEMORANDUM BOARD OF PUBL{C WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation - (near Chapin Street) Preliminary Review DATE: April 19, 2004 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. I would appreciate receiving your comments and recommendation concerning this vacation no later than May 5, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: ~.+tf ~~h r _ Y~.U f/,4 l E~i' ni-+q?z.! ~ ,s~ '~~ ~ ~~>~ ~~ ~r7 ~ ~ ~ /~ c!r ~ ,d f/ r~. /., , 1 ~ :4:-. . BY: ~ `~~ - ~~_.~~ DATE: ~ / •'~'/ ~~ f~ Rpr 23 04 07:19a SBPD TRFIFFIC [Z191235-9308 ~~ ', INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste ~oe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation ~ (near Chapin Street) Preliminary Review DATE: April 19, 2004 Attached is a portion of the Plat Book (highlighted area) for a request for an a{ley vacation. 1 would appreciate receiving your comments and recommendation concerning this vacation no later than May 5, 2004. Thank you for your cooperation. ~ ©~_reG1 )o~.1S p.3 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department p John Byorni, Area Plan Commission ~L.arry Magliozzi, Community & Economic Developm Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation - (near Chapin Street) Preliminary Review DATE: April 19, 2004 ~~~~~ Attached is a portion of the Plat Book (highlighted area) for a request fora a~y vacation. I would appreciate receiving your comments and recommendation concerning this vacation no later than May 5, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: n ~~c~ c~ f.~~~ iJ ~ ~P~'0 //,~1 L ~C1 E ~~2 ~~ ~yp~r ~ BY: ~ ~_-~~',~~.~-~ !"'~`~~•? - DATE: ~~ ~ ~ ' 4 r INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS APR 2 , 2004 TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation - (near Chapin Street) Preliminary Review DATE: April 19, 2004 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. I would appreciate receiving your comments and recommendation concerning this vacation no later than May 5, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: BY: ~ ~ ` DATE: ~ `~~ " C~ I~ ~ '~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development EGob Mathia, Community 8. Economic Development ,~ht'oward Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department ~'om Bodnar, City Attorney's Office FROM: ~~ngie Jacob, Clerk RE: <~~Iley Vacation - (near Chapin Street) F~reliminary Review DATI~: l~pril 19, 2004 Attache~~ is a portion of the Plat Book (highlighted area) for a reque st for an alley vacation. I would eMppreciate receiving your comments and recommendation c oncerning this vacation no later than May 5, 2004. Thank you for your cooperation. COMMENTS 8~;~R`ECOMMIENDATIONS: ISO ~(J ~ \ ~c~~S~ BY: ~~ TE: >J~ < > . , Area Plan Commission of St. Joseph County . 1140 County-City Building ` 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 May 5, 2004 The Board of Public Works 13u' Floor, County-City Building South Bend, Indiana 46601 RE: Right-of--way Vacation -Generally described as Prairie Avenue from Chapin Street to Scott Street. Dear Board Members: The staff has reviewed this petition relative to IC 36-7-3-13. It is the staff s opinion that: (1) The vacation would 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 make access to the lands 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 hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The Staff recommends that this vacation not be effective until additional right-of--way is dedicated and a new road is built. According to State Statute (36-7-3-12), the petitioner must be an owner of or an interested party in any lots contiguous to the right-of--way. The Staff suggests the petitioner verify that they meet these criteria prior to any action being taken. Sincerely, Andrew Videkovich Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana