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HomeMy WebLinkAbout9541-04 Vacation Alley & Street - Kaley, Kenwood, Linden, Washington StreetORDINANCE No. 9541-04 Passed by the Common Council of the City of Soutlt Bend, Indiana Attest: Attest: City Clerk esident of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 9, 04 20 City Clerk JOHN Approved and signed by me November 12 20 04 ~~ ~,~ Mme. November 8, 20 04 ORDINANCE NO. t ~ ~ I J Q AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF KALEY STREET, KENWOOD AVENUE, LINDEN AVENUE; WASHINGTON STREET AND 2 NEARBY ADJACENT ALLEYS. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charges 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 street to be vacated is Kaley Street from the South right of way of Kenwood Avenue to the northeast right of way line of Washington Street for a distance of 588 feet, more or less and a width of 60 feet. Being a part of Kaley's 1St Subdivision in the City of South Bend, St. Joseph County, Indiana. The second street to be vacated is Bendix Drive from the south right of way line of Bertrand Street to the North right of way line of Linden Avenue including 30 feet of Lot 134, Kaley's 2"d Subdivision, as well as 30 feet of Lot 135, Lot 142 and Lot 143, Kaley's 1St Subdivision, for a distance of 565 feet and a width of 90 feet. Being a part of Kaley's 1St and Kaley's 2"d Subdivision in the City of South Bend, St. Joseph County, Indiana. The third street to be vacated is Kenwood Avenue from the west right of way line of Bendix Drive to the west right of way line of the first north/south alley east of Kaley Street for a distance of 464 feet, more or less and a width of 60 feet. Being a part of Kaley's 1St Subdivision in the City of South Bend, St. Joseph County, Indiana. The fourth street to be vacated is Linden Avenue from the west right of way line of Bendix Drive to the east right of way line of Kaley Street for a distance of 334 feet, more or less and a width of 60 feet. Being a part of Kaley's 1St Subdivision in the City of South Bend, St. Joseph County, Indiana. The fifth street to be vacated is Washington Street from the north right of way line of Linden Avenue extended West to the West right of way line of Bendix Drive to the east right of way line of Kaley Street for a distance of 460 feet measured along the northeast right of way line of said Washington Street, said point being at the intersection of the north right of way line of Lawton Street and the east right of way line of Kaley Street, and a width of 60 feet. Said right of way includes Lot 147 and 148 as well as part of Lots 149 and 150 and anorth/south 14' alley from the south right of way of Linden Avenue to the first east/west alley, said East West alley from the West line of Lot 26 to the East right of way line of Kaley Street. Said Washington Street right of way also included part of Lots 101, 102, 103 and 154 as well as a portion of a north/south alley adjacent to Lot 103. All being a part of Kaley's 2"d Subdivision in the City of South Bend, St. Joseph County, Indiana. The alley to be vacated is the first east/west alley South of Linden Avenue from the west right of way line of Kaley Street to the northeast right of way line of Washington Street for a distance of 70 feet (as measured along the centerline of said alley) and a width of 14 feet. Being a part of Kaley's 1St and 2"d Subdivisions in 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: Lots 84 through 86 inclusive, 90 through 93 inclusive, 100 and 101 of West End Subdivision, Lots 20 through 34 inclusive, 69 through 88 inclusive of Kaley's 1St Addition, and Lots 123 throu~h 133 inclusive 139 through 141 inclusive, 144 through 146 inclusive of Kaleys' 2 Subdivision, and property with tax key identification numbers of 18-2040-1387, 18-2066-2426, 18-2039-1377, 18-2039-1378, 18-2039-1379 and 18-2040-137501 and property designated as Kennedy Park. SECTION IV. The purpose of the vacation of the real property is to create consolidated ownership of adjacent properties, effective upon the development of the relocated Bendix Drive. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by tie Mayor. r of the Common Attest: -~ , Cit ler Presented by me to the Mayor of the City of South Bend, Indiana on the ~_ day of ~ D~c,~~o~X , 2 O©y , at 1 p '• ~ c~ o'clock _~. m. ,~ ,~e-a~ ^~City Clerk A proved and signed by me on the ~~ day of /vim , 2~, at o'clock . m. May r, City f o h Bend, Indiana 1st READING I b- 2 5 _ d`~ PUBLIC HEARING`-~-0`~ '3 rd READING ~~ 6.~y NOT APPROVED REFERRED PASSED ~t-FS~`~ Filed In Clerk's Office OCT ~ 0 20D'~ JOHN VOORDE 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. 80-04 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF KALEY STREET, KENWOOD AVENUE, LINDEN AVENUE, WASHINGTON STREET AND 2 NEARBY ADJACENT ALLEYS 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. Sean Coleman Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS AND ALLEY TO THE COMMON COUNCIL DATE: I~' ZQ • o OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The alley to be vacated is the first east/west alley South of Linden Avenue from the west right of way line of Kaley Street to the northeast right of way line of Washington Street for a distance of 70 feet (as measured along the centerline of said alley) and a width of 14 feet. Being a part of Kaley's 1St and 2"d Subdivisions in the City of South Bend, St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: The first street to be vacated is Kaley Street from the South right of way of Kenwood Avenue to the northeast right of way line of Washington Street for a distance of 588 feet, more or less and a width of 60 feet. Being a part of Kaley's 1St Subdivision in the City of South Bend, St. Joseph County, Indiana. The second street to be vacated is Bendix Drive from the south right of way line of Bertrand Street to the North right of way line of Linden Avenue including 30 feet of Lot 134, Kaley's 2"d Subdivision, as well as 30 feet of Lot 135, Lot 142 and Lot 143, Kaley's 1St Subdivision, for a distance of 565 feet and a width of 90 feet. Being a part of Kaley's 1St and Kaley's 2"d Subdivision in the City of South Bend, St. Joseph County, Indiana. The third street to be vacated is Kenwood Avenue from the west right of way line of Bendix Drive to the west right of way line of the first north/south alley east of Kaley Street for a distance of 464 feet, more or less and a width of 60 feet. Being a part of Kaley's 1St Subdivision in the City of South Bend, St. Joseph County, Indiana. The fourth street to be vacated is Linden Avenue from the west right of way line of Bendix Drive to the east right of way line of Kaley Street for a distance of 334 feet, more or less and a width of 60 feet. Being a part of Kaley's 1St Subdivision in the City of South Bend, St. Joseph County, Indiana. The fifth street to be vacated is Washington Street from the north right of way line of Linden Avenue extended West to the West right of way line of Bendix Drive to the east right of way line of Kaley Street for a distance of 460 feet measured along the northeast right of way line of said Washington Street, said point being at the intersection of the north right of way line of Lawton Street and the east right of way line of Kaley Street, and a width of 60 feet. Said right of way includes Lot 147 and 148 as well as part of Lots 149 and 150 and anorth/south 14' alley from the south right of way of Linden Avenue to the first east/west alley, said East West alley from the West line of Lot 26 to the East right of way line of w~ Kaley Street. Said Washington Street right of way also included part of Lots 101, 102, 103 and 154 as well as a portion of a north/south alley adjacent to Lot 103. All being a part of Kaley's 2"d Subdivision in the City of South Bend, St. Joseph County, Indiana. r, ~~~ ~ 1 Kerit Maden Manager, Facilities Robert Bosch Corporation 401 North Bendix Drive South Bend, Indiana 46601 574-237-2475 Contact Person: Lang, Feeney & Associates, Inc. Terance D. Lang 715 South Michigan Street South Bend, Indiana 46601 574-235-9221 Filed !n Clerk's Office OCT 2 0 2004 JOHN VOORDE CITY CLERK, S0. BEND, IN. ennifer L. Hughes conomic Development Planner 1200 County-City Building South Bend, Indiana 46601 574-235-9336 3575.03 z¢ 9375.0/ .9t3 - -- - - ~ -- ~ ao ,~ 'o h` '`W a ~ ' `~ /OO' . n~.e as BG.3 ~~• ` a .tae ` ~d ~ i1 d to Clerk's Office ~ + -- ~ Fihd t~ ~"'~ ~'^ ~"~ ~ ~ •0~' OCT ~ 0 2004 G `rte T ~ ~ ~, ' ~! . r~ ~ JOHN VOORDE CLERK S0. BEND I ~ p ~ 138 ,~, CETY CLEiiC, c0. SEND , ti'. ~ m N t ra ie•t. 1 ~• BEND/X W ~~ ~, o ~~~. ~ B N D I T m :Z/SB ~ ~ is /5O g a 3 42 . a /35 ¢ ~ 'C /52 ~/67 ifs - F , N ~ ~ ~ al 1\ . ~ •ya~ c~ / E?' rae l41 ra r a ' /3G ::e /33 m b SSG .,1 F u C ~ ~ l \ - ~ ~ ' /45 w 402i>d ^~ ~ ' l37 w /32 ~ = •`yl 1d rA ~; _ ~ ~ '+. ~ / 7 ~ S l4G,o /39„ C ~l /38 /3/ A o Y p 1C ~T-r-T-,~- ~ ~ i 1 - - ~~ ~ w Y 8i `~ ~ : 5 o u ~~ ~ `28 ~ 77 ~ ~~ - BO ~ i 29 0 <1~ s~~~~~~°''~ ~ y ~~ r 24~ v o f1~ 29 7G ° ~ Bl o ( /2B o ~1 ~,~0 0 ~\ _ K o KAL Y p ST. o Z r 1 F ` a~y , s~o 25 S~ Or $ 4.2 0 90'/373 "`23II o o rae a rae ae Cb 82 ~ r ~ I /~ ~ -~°41ni ~ ~ eo 30-24s3 75 i ~ 7 ~ $ 84 a~ 9/-/s•7o p -»~ o 0 3/-4asa 74 -0 rn 83 I/ G~ ' ~ 'ern 85 y -/317 0 32~zsss 73~e r B4 / 5 0 ~ I ~, F- , ra o ,~,_~ r ~ 79 -~ 0 20 ~ ~ X33-44sc 72-4a1G ~ ~ ~ 85-~43c y Q2~?4 o I ` BO m g~ •94 ~ 3a~ l9 tD = 34-4as7 7/-4+I7 = ~ = BG•4aa7 ~ ~.rs' ~ -/ -2534- F ~ ~ B/ O • 9S-/3sa /8-2533 ~ I • F W -/~ ' 35-4058 -2448 = = 87-24 /~ ~?4~: g2a -/~5a ~96•~s3 „17-4s3~ ; • 3G-44s9 Gq-4 , -2939 (/2l -4si7 B r?o r MQ ° rae l4e ° ra K r?C o ~pMEADS ~ ST. o ~ o MEADS GG a -~"[-/32C ~` ~• a a~.s~ ~ S rid r ~ i e (N rae r 8 ~~ ~ x'/320 •."te» 37-4494 68-2495 ° ~ 89.4460 /40-2477 ° X20/-2587 The first street to be vacated is Kaley Street from the South right of way of Kenwood Avenue to the northeast right of way line of Washington Street for a distance of 588 feet, more or less and a width of 60 feet. Being a part of Kaley's 1~ Subdivision in the City of South Bend, St. Joseph County, Indiana. The second street to be vacated is Bendix Drive from the south right of way line of Bertrand Street to the North right of way line of Linden Avenue including 30 feet of Lot 134, Kaley's 2nd Subdivision, as well as 30 feet of Lot 135, Lot 142 and Lot 143, Kaley's 1~ Subdivision, for a distance of 565 feet and a width of 90 feet. Being a part of Kaley's 1~ and Kaley's 2"d Subdivision in the City of South Bend, St. Joseph County, Indiana. The third street to be vacated is Kenwood Avenue from the west right of way line of Bendix Drive to the west right of way line of the first north/south alley east of Kaley Street for a distance of 464 feet, more or less and a width of 60 feet. Being a part of Kaley's 1~' Subdivision in the City of South Bend, St. Joseph County, Indiana. The fourth street to be vacated is Linden Avenue from the west right of way line of Bendix Drive to the east right of way line of Kaley Street for a distance of 334 feet, more or less and a width of 60 feet. Being a part of Kaley's 1" Subdivision in the City of South Bend, St. Joseph County, Indiana. The fifth street to be vacated is Washington Street from the north right of way line of Linden Avenue extended West to the West right of way line of Bendix Drive to the east right of way line of Kaley Street for a distance of 460 feet measured along the northeast right of way line of said Washington Street, said point being at the intersection of the north right of way line of Lawton Street and the east right of way line of Kaley Street, and a width of 60 feet. Said right of way includes Lot 147 and 148 as well as part of Lots 149 and 150 and a north/south 14' alley from the south right of way of Linden Avenue to the first east/west alley, said East West alley from the West line of Lot 26 to the East right of way line of Kaley Street. Said Washington Street right of way also included part of Lots 101, 102, 103 and 154 as well as a portion of a north/south alley adjacent to Lot 103. All being a part of Kaley's 2"d Subdivision in the City of South Bend, St. Joseph County, Indiana. The alley to be vacated is the first east/west alley South of Linden Avenue from the west right of way line of Kaley Street to the northeast right of way line of Washington Street for a distance of 70 feet (as measured along the centerline of said alley) and a width of 14 feet. Being a part of Kaley's 1'~ and 2"d Subdivisions in the City of South Bend, St. Joseph County, Indiana. I3I G COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS October 26, 2004 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Properly Vacation Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the following property vacation: A portion ofKaley Street, Kenwood Avenue, Linden Avenue, Washington Street and two (2) nearby Adjacent alleys. 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 and Area Plan stated the vacation would become effective upon development of the relocated Bendix Drive and consolidated ownership of adjacent properties The Board of Public Works submits to you a favorable recommendation concerning this property vacation, subject to any utility easements that may be necessary. Sincerely, ~ ~ :=,- Angela~ 7acob, lerk.j Board of Public Works Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor' Office Filed In Clerk's ~~ico ~, t.,~~ JOHN yOflRDE C~ CIEIiK, Sfl. Fi~. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECI¢, MAYOR BOARD OF PUBLIC WORKS October 11, 2004 Mr. Kent Maden Bosch Corporation 401 North Bendix Drive South Bend, Indiana 46628 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 RE: Street/Alley Vacations -South of Bertrand, West of Meade, Various Others . (Preliminary Review) Dear Mr. Maden: Upon review by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office, the following comments and recommendations were submitted: Area Plan and Engineering stated the vacation would become effective upon development of the relocated Bendix Drive and consolidated ownership of adjacent properties. If you decide to proceed with your request to the Common Council, please address the recommendations and their solutions for the alley vacation. If you have any questions, please contact Tony Molnar or Carl Littrell at (574) 235-9251. We are holding a radius map showing properties within 150' of the alley. You will need this radius map for your petition to the Common Council. Once these concerns are addressed, please pick up the radius map and proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk's office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sine rely, Angela K 1Jacob, Clerkf c: Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission SFP ~' ~ ~nnd Larry Magliozzi, Community & Economic Development mob 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 between Bertrand & Lawton/Bendix Drive Relocation DATE: September 27, 2004 I would appreciate receiving yourcomments and recommendation concerning this vacation no later than October 5, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: /S t ~..u ~ ~~ n ~ Lti L' !' n-!S N lr. ` r ~ 'T~i C 6= H 1 q ~ ~ d ~ ~ v, e~ f r„ q~ r n r ~I ~~J P ~, %~'' 6 c`r ZJ, h ~ v iv v , ~ I' < G'~. y y i'~ I+~i L h ~ .F/,oc ~~o .f , ~~ s:. n 9~/~v1 C~ --r--r BY: /y,_~ '~ DATE: ~ ~ ~.7 ~ 4 ~ ~ti Sep 29 04 08:17a SBPD TRRFFIC (219)235-9308 p.l 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 between Bertrand & Lawton/Bendix Drive Relocation DATE: September 27, 2004 I would appreciate receiving your comments and recommendation concerning this vacation no later than October 5, 2004. Thank you for your cooperation. COMMENTS & RECO//~~MMENDATIONS: Nb ~b(e~ f [~uS BY: TE: Q ' ~--`~ - ~ 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 September 30, 2004 The Board of Public Works 13t~' Floor, Comity-City Building South Bend, Indiana 46601 RE: Right-of--way Vacation -Generally described as the public right-of--ways south of Bertrand Street, west of Meade Street, north of and including Washington Avenue, and east of and including Bendix Drive; including Kenwood Avenue, Linden Avenue, Lawton Avenue, Kaley Street, and several unnamed alleys. Dear Board Members: The staff has reviewed this petition relative to IC 36-7-3-13. It is the staff s opinion that: (1) If all the affected properties are acquired, the vacation will 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 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) If all the affected properties are acquired, the vacation will 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 that these right-of--ways be vacated subject to any utility or access easements that are necessary. The staff recommends that these vacations not be effective until all the affected properties have been acquired. Sincerely, ~/~ lh ~/,~::~e~'~tc, Andrew Videkovich Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 10/05/2004 15:15 5742359305 SOUTH BEND FIRE DEPT PAGE 02 ~~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Lany 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 between Bertrand & Lawton/Bendix Drive Relocation DATE: September 27, 2004 I would appreciate receiving your comments and recommendation concerning this vacatio no later than October 5, X004. Thank you for your cooperation. COMMENTS ~K RECOMMENDATIONS: ~_ ~~~ r ~-~~~~~ ,{ ~ r. ~! ~ J~ ~_ '- DATE: ~ O ` '~ ", . INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: ~arl 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 between Bertrand & Lawton/Bendix Drive Relocation DATE: September 27, 2004 I would appreciate receiving your comments and recommendation concerning this vacation no later than October 5, 2004. Thank you for your cooperation. TE: ~ °,~~6 COMMENTS 8~ RECOMMENDATIONS: INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department ~ohn 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 between Bertrand & Lawton/Bendix Drive Relocation DATE: September 27, 2004 '~, - r ' ~'/ - ~ EP ~ ~ 2d 09. I would appreciate receiving your comments and recommendation concerning this vacation no later than October 5, 2004. Thank you for your cooperation. COMMENTS & RECOMMENDATI/O,N~S: BY: ~ DATE: ~ d ~ '~ -~ r, ,~ 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 between Bertrand & Lawton/Bendix Drive Relocation DATE: September 27, 2004 I would appreciate receiving your comments and recommendation concerning this vacation no later than October 5, 2004. Thank you for your cooperation. BY: DATE: ! ~ ~ ~ ` ~ 7