HomeMy WebLinkAbout8597-95 Vacate - First East West Alley North of the Ohio St East right of way South Columbia •
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ORDINANCE No. 8597-95
Passed by the Common Council of the City of South Bend, Indiana.
May 22, �9 95
Attest: City Clerk
IRENE K. GAMMON
G%-
Attest: G� .���-? President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
May 23, iq 95
City Clerk
IRENE K. GAMMON
Approved and signed by me 5/°27` Ig9S
6` Mayor
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ORDINANCE NO. 7
.5 q7-95
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, VACATING THE FIRST EAST-WEST ALLEY NORTH
OF E. OHIO STREET FROM THE EAST RIGHT-OF-WAY LINE OF
SOUTH CARROLL STREET TO THE WEST RIGHT-OF-WAY LINE OF
SOUTH COLUMBIA STREET FOR A WIDTH OF 14 FEET AND A
LENGTH OF APPROXIMATELY 198 FEET; AND FROM THE EAST
RIGHT-OF-WAY LINE OF SOUTH COLUMBIA STREET TO THE WEST
RIGHT-OF-WAY LINE OF SOUTH FELLOWS STREET FOR A WIDTH
OF 14 FEET AND A LENGTH OF APPROXIMATELY 198 FEET;
ALSO, COLUMBIA STREET FROM THE NORTH RIGHT-OF-WAY LINE
OF EAST OHIO STREET TO THE SOUTH RIGHT-OF-WAY LINE OF
EAST SAMPLE STREET FOR A WIDTH OF APPROXIMATELY 20 FEET
AND A LENGTH OF APPROXIMATELY 278 FEET. PARTS SITUATED
IN KIRBY' S ADDITION TO THE CITY OF SOUTH BEND, ST.
JOSEPH COUNTY, INDIANA
STATEMENT OF PURPOSE AND INTENT
Pursuant to I .C. 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 of South Bend. The City of South
Bend Department of Redevelopment and New Hope Missionary Baptist
Church, owners of certain property, have petitioned the Common
Council to vacate a certain public rights-of-way which that
property abuts .
This Ordinance vacates the below-described public
right-of-way as petitioned.
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,
Indiana having held a public hearing on the petition of the City
of South Bend Department of Redevelopment to vacate the following
described right-of-way in South Bend, St . Joseph County, Indiana:
The first east-west alley North of E. Ohio Street
from the east right-of-way line of South Carroll
Street to the west right-of-way line of South
Columbia Street for a width of 14 feet and a
length of approximately 198 feet; and from the
east right-of-way line of South Columbia Street to
the west right-of-way line of South Fellows Street
for a width of 14 feet and a length of
approximately 198 feet; also, Columbia Street from
the north right-of-way line of East Ohio Street to
the south right-of-way line of East Sample Street
for a width of approximately 20 feet and a length
of approximately 278 feet . Parts situated in
Kirby' s Addition to the City of South Bend, St .
Joseph County, Indiana,
hereby determines that it is desirable and in the best interests of
the City to vacate said public right-of-way and does hereby vacate
said public right-of-way.
Section II . The City of South Bend, Indiana hereby reserves the
rights and easements of all utilities and Municipal City of South
Bend, Indiana to construct and maintain any facilities including, but
not limited to, the following: electric, telephone, gas, water,
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Name & Address Legal Description
City of South Bend East Yz Lot 16 Kirbys
Department of Redevelopment Addition
1200 County-City Bldg. Key #18 7008 0311
South Bend, IN 46601
Lot 16 WY2 Kirbys Addition
Key #18 7008 0310
33 Ft . E. Side Lot 15
Key #19 7008 0309
27/2 Ft E. Side Lot 14 &
16; Y2 Ft W. Side Lot 15
Kirbys Addition
Key #18 7008 0308
22 Ft W. Side Lot 14 & 17
Ft . E. Side Lot 13 Kirbys
Add; Key #18 7008 0307
32 Ft W. Side Lot 13
Kirbys Addition
Key #18 7008 0306
W�2 Lot 7 Kirbys Addition
Key #18 7008 0290
Lot 7 E/z Kirbys Add E
Key #18 7008 0291
WY2 Lot 6 Kirbys Add
Key #18 7008 0292
0/2 Lot 6 Kirbys Add
Key #18 7008 0293
Lot 5 Ex 36 Ft S End
Key #18 7008 0294
Lot 19 & W 40' Lot 18
Kirbys Addn
Key #18 7008 0317
Lot 20 Kirbys Add
Key #18 7008 0316
Lot 17 & E 9]i Ft Lot 18
J F Kirbys 1st
Key #18 7008 0319
36 Ft S End Lot 5
Kirbys Add
Key #18 7008 0295
Lot 4 Kirbys Add
Key #18 7008 029601
Key #18 7008 030301
S1/2 Lot 9 Kirbys Addition
Key #18 7008 0302
Lot 5 Ex 18'/2 Ft N Side for St & 10
Ft N Side Lot 6 Hutchins Add
Key #18 7008 0280
Lot 24 Kirbys Addition
Key #18 7008 0312
Lot 23 J F Kirbys
Key #18 7008 0313
Lot 22 Kirbys Add
Key #18 7008 0314
Lot 21 Kirbys Add
Key #18 7008 0315
Lot 20 Kirbys Add
Key #18 7008 0316
Lot 19 & W 40' Lot 18
Kirbys Addn
Key #18 7008 0317
Lot 12 Kirbys Addition
Key #18 7008 0305
NV2 Lot 9 Kirbys Addition
Key #18 7008 0301
St . Vincent De Paul Society Lot 8 Kirbys Addition
230 E. Sample Key #18 7008 0289
South Bend, IN 46601
Lot 4 Ex 7 Ft for St
Hutchins Addition
Key #18 7008 0279
Great Lakes Holding Group Lot 3 Kirbys Add
412 E. Sample Key #18 7008 0297
South Bend, IN 46618
Lot 2 and 87 Ft N End Lot 1
Kirbys Add
Key #18 7008 0298
45 Ft S End Lot 1
Kirbys Add
Key #18 7008 0300
Railroad Bargain Center Inc. Lots 1-2-3 Hutchins Add
1714 E. Jefferson Key #18 7008 0277
South Bend, IN 46618
Hydronic & Steam Equipment Co Lot 8 Wenger & Kreighbaum
501-03 E. Ohio, PO Box 6550 Key #18 7009 0350
South Bend, IN 46615
Lot 9 Wenger & Kreighbaum
Key #18 7009 0349
allow for the redevelopment of those above-referenced properties which
abut said right-of-way.
Section V. This ordinance shall be in full force and effect from and
after its passage byn the Common Council and approval by the Mayor.
Adopted this £n('day of , 1995 .
.J--' --
i//fY' / i/
Me on Council
le
QInmmtttri Erprirt
On the f!nmmon alounrit of the Qlitg of fount!! Brad:
of the Whole
Your Committee
to whom was referred
BILL NO.
24-95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, VACATING THE FIRST EAST-WEST ALLEY NORTH OF E.
OHIO STREET FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH
CARROLL STREET TO THE WEST RIGHT-OF-WAY LINE OF SOUTH
COLUMBIA STREET FOR A WIDTH OF 14 FEET AND A LENGTH OF
APPROXIMATELY 198 FEET; AND FROM THE EAST RIGHT-OF-WAY
LINE OF SOUTH COLUMBIA STREET TO THE WEST RIGHT-OF-WAY
LINE OF SOUTH FELLOWS STREET FOR A WIDTH OF 14 FEET AND A
LENGTH OF APPROXIMATELY 198 FEET; ALSO, COLUMBIA STREET
FROM THE NORTH RIGHT-OF-WAY LINE OF EAST OHIO STREET TO
THE SOUTH RIGHT-OF-WAY LINE OF EAST SAMPLE STREET FOR A
WIDTH OF APPROXIMATELY 20 FEET AND A LENGTH OF
APPROXIMATELY 278 FEET. PARTS SITUATED IN KIRBY'S
ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA
Respectfully report that they have examined the matter and that in
their opinion,
This bill has been recommended to the Council favorable.
Chairman
Cleo Washington,
FREE PRESS � PUBLISHING CO.
,o\.SOUTH 8�:.,„
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tva \\--;" / c City of South Bend
v$, �� � ),a� ` Joseph E. Kernan, Mayor
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Community & Economic Development
Jon R.Hunt Ann E.Kolata
Executive Director Deputy Executive Director
April 18, 1995
Mr. Eugene Ladewski
President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re : An Ordinance of the Common Council of the City of South Bend,
Indiana Vacating the North/South and East/West Alleys Within
the Block Bounded by Sample, Carroll, Ohio and Fellows
Streets, in the City of South Bend, Indiana
Dear Mr. Ladewski,
I am attaching an Ordinance vacating the alleys within
the block bounded by Sample, Carroll, Ohio and Fellows streets, all
located within the Sample-Ewing Development Area. The petitioners,
the City of South Bend, Department of Redevelopment and New Hope
Missionary Baptist Church, are the owners of the property abutting
the alleys to be vacated. The vacation of the alleys is necessary
to allow the expansion of the Church within the block.
Your favorable consideration is respectfully requested.
Sincerely,
Ann E. Kolata
Redevelopment Director
L
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APR 1 9 1995 1
1200 County-City Building•South Bend,Indiana 46601 •219/235-9371 •Fa 219/2 1 i : ' r,lit„
Redevelopment Business Assistance Bureau of Housing Financial&Program Planning&
Ann E. Kolata &Development Kathryn Baumgartner Management Neighborhood Development
235-9371 Donald E.Inks 521 Eclipse Place Elizabeth Leonard Pamela C.Meyer
235-9335 235-9475 235-9335 235-9660
Fax:235-9469 Fax: 235-9697
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\�� , , , d , City of South Bend
W,,, :� \EACE/ a:�
. //�,41, . Joseph E.Kernan,Mayor
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Department of Law
Richard A. Nussbaum, II Jenny Pitts Manier
City Attorney Chief Assistant City Attorney
April 25, 1995
Mr. Eugene Ladewski
President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: An Ordinance of the Common Council of the City of South Bend,
Indiana Vacating the North/South and East/West Alleys Within
the Block Bounded by Sample, Carroll, Ohio and Fellows
Streets, in the City of South Bend, Indiana
Dear Mr. Ladewski,
I am attaching the Petition that should accompany the
Ordinance vacating the alleys within the block bounded by Sample,
Carroll, Ohio and Fellows streets, all located within the Sample-
Ewing Development Area that is on file with the City Clerk and
scheduled for first reading at the Council' s first meeting in May.
Please call if you have any questions .
Sincerely,
Q
(/77 /
envy Pitts Manier
Chier Assistant City Attorney
1400 County-City Building•South Bend,Indiana 46601 •219/235-9241 •TDD 219/235-5567
Thomas L.Bodnar John E.Broden Anne E.Bruneel
Aladean M. DeRose Jeffrey M.Jankowski Robert C. Rosenfeld
PETITION TO VACATE PUBLIC RIGHT-OF-WAY
To: The Common Council of the Date: April 21 , 1995
City of South Bend, Indiana
The City of South Bend Department of Redevelopment, acting
by and through the South Bend Redevelopment Commission and New
Hope Missionary Baptist Church, owners of those parcels of
property as identified below, which property abuts the following-
described right-of-way, PETITION the Common Council of the City
of South Bend, Indiana to VACATE the PUBLIC ALLEYS as described
as :
The alley to be vacated is described as the first east-
west alley North of E. Ohio Street from the east right-
of-way line of South Carroll Street to the west right-
of-way line of South Columbia Street for a width of 14
feet and a length of approximately 198 feet; and from
the east right-of-way line of South Columbia Street to
the west right-of-way line of South Fellows Street for
a width of 14 feet and a length of approximately 198
feet; also, Columbia Street from the north right-of-way
line of East Ohio Street to the south right-of-way line
of East Sample Street for a width of approximately 20
feet and a length of approximately 278 feet. Parts
situated in Kirby' s Addition to the City of South Bend,
St . Joseph County, Indiana.
The petitioned vacation is proposed in order to allow
redevelopment of the property listed below.
The following properties, owned by indicated parties, are
situated within one hundred fifty feet (150' ) of the exterior
boundaries of the alleys petitioned to be vacated:
Name & Address Legal Description
City of South Bend East Y2 Lot 16 Kirbys
Department of Redevelopment Addition
1200 County-City Bldg. Key #18 7008 0311
South Bend, IN 46601
Lot 16 W'h Kirbys Addition
Key #18 7008 0310
33 Ft. E. Side Lot 15
Key #19 7008 0309
271/2 Ft E. Side Lot 14 &
16; Y2 Ft W. Side Lot 15
Kirbys Addition
Key #18 7008 0308
22 Ft W. Side Lot 14 & 17
Ft. E. Side Lot 13 Kirbys
Add; Key #18 7008 0307
32 Ft W. Side Lot 13
Kirbys Addition
Key #18 7008 0306
W1 Lot 7 Kirbys Addition
Key #18 7008 0290
Lot 7 E' Kirbys Add E
Key #18 7008 0291
Wiz Lot 6 Kirbys Add
Key #18 70080292
E' Lot 6 Kirbys Add
Key #18 7008 0293
Lot 5 Ex 36 Ft S End
Key #18 7008 0294
Lot 19 & W 40' Lot 18
Kirbys Addn
Key #18 7008 0317
Lot 20 Kirbys Add
Key #18 7008 0316
Lot 17 & E Ft Lot 18
J F Kirbys 1st
Key #18 7008 0319
36 Ft S End Lot 5
Kirbys Add
Key #18 7008 0295
Lot 4 Kirbys Add
Key #18 7008 029601
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New Hope Missionary Baptist Church Lot 11 Kirby Addition
313 E. Ohio Key #18 7008 0304
South Bend, IN 46601
S1 Lot 10 Kirby Addition
Key #18 7008 0303
, ..
•
Lot 10 Kirbys Addition
Key #18 7008 030301
S1 Lot 9 Kirbys Addition
Key #18 7008 0302
Lot 5 Ex 18'4 Ft N Side
for St & 10 Ft N Side Lot
6 Hutchins Add
Key #18 7008 0280
Lot 24 Kirbys Addition
Key #18 7008 0312
Lot 23 J F Kirbys
Key #18 7008 0313
Lot 22 Kirbys Add
Key #18 7008 0314
Lot 21 Kirbys Add
Key #18 7008 0315
Lot 20 Kirbys Add
Key #18 7008 0316
Lot 19 & W 40' Lot 18
Kirbys Addn
Key #18 7008 0317
Lot 12 Kirbys Addition
Key #18 7008 0305
Nei Lot 9 Kirbys Addition
Key #18 7008 0301
St . Vincent De Paul Society Lot 8 Kirbys Addition
230 E. Sample Key #187008 0289
South Bend, IN 46601
Lot 4 Ex 7 Ft for St
Hutchins Addition
Key #18 7008 0279
Great Lakes Holding Group Lot 3 Kirbys Add
412 E. Sample Key #18 7008 0297
South Bend, IN 46618
Lot 2 and 87 Ft N End Lot
1 Kirbys Add
Key #18 7008 0298
45 Ft S End Lot 1
Kirbys Add
Key #18 7008 0300
Railroad Bargain Center Inc. Lots 1-2-3 Hutchins Add
1714 E. Jefferson Key #18 7008 0277
South Bend, IN 46618
Hydronic & Steam Equipment Co Lot 8 Wenger & Kreighbaum
501-03 E. Ohio, PO Box 6550 Key #18 7009 0350
South Bend, IN 46615
Lot 9 Wenger & Kreighbaum
Key #18 7009 0349
Lot 10 Wenger &
Kreighbaum Add
Key #18 7009 0348
Magaldi, Philip J. Lot 1-2-3 Wenger &
222 E. Sample Kreighbaum Ex 15' W Side
South Bend, IN 46601 Lot 1 Key #18 7009 0337
CITY OF SOUTH BEND
DEPARTMENT OF REDE LOPMENT
By /
Philip J. FEc - da, President
ATTES NEW HOPE MISSIONARY BAPTIST
CHURCH
///4‘‘,?(
By: 1 %u�
Robert W. Hunt, Secretary Joh/ enderson
Irene Gammon Contact Person:
' City Clerk Ann E. Kolata
Room 455 1200 County-City Bldg.
South Bend, IN 46601 (219) 235-9371
N\NEWHOPE.PET
February 6, 1995
ALLEY AND STREET VACATION
The alley to be vacated is described as the first east-west alley north of E. Ohio St. from the east
right-of-way line of S. Carroll St.to the west right-of-way line of S. Columbia St. for a width of
14 feet and a length of approximately 198 feet;and from the east right-of-way line of S.
Columbia St. to the west right-of-way line of S.Fellows St. for a width of 14 feet and a length of
approximately 198 feet;Also, Columbia St. from the north right-of-way line of E. Ohio St. to the
south right-of-way line of E. Sample St. for a width of approximately 20 feet and a length of
approximately 278 feet.Parts situated in Kirby's Addition to the City of South Bend, St. Joseph
County, Indiana.
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AYE %a( City of South Bend
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Joseph E. Kernan, Mayor
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Board of Public Works
May 22, 1995
Members of the Common Council
Council Chambers
County-City Building,4th Floor
South Bend,Indiana 46601
RE: Vacation of Properties(2)
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 Vacation of Two(2)Properties on the following:
1. The first east-west alley North of E.Ohio Street from the east right-of-way line of South Carroll Street to the west
right-of-way line of South Columbia Street for a width of 14 feet and a length of approximately 198 feet;and from the
east right-of-way line of South Columbia Street to the west right-of-way line of South Fellows Street approximately 198
feet; also, Columbia Street from the south right-of-way line of East Ohio Street to the south right-of-way line of East
Sample Street for a width of approximately 20 feet and a length of approximately 278 feet. Parts situated in Kirby's
Addition to the City of South Bend,St.Joseph County,Indiana.
2. The first east-west alley north of W.Calvert Street from the east right-of-way line of S.Philippa Street tot he west
right-of-way line of the first north-south alley east of S.Philippa St.for a distance of approximately 120 feet and a width
of approximately 12 feet. Part situated in South Bend Industrial Addition in the City of South Bend,St.Joseph County,
Indiana.
For your information,the Board of Public Works received favorable recommendations from the Department of
Economic Development,Department of Sanitation,City Attorney's Office,Fire Department,Police Department,Division
of Engineering and the Area Plan Commission concerning this vacation. Copies of the recommendations received from
these departments are attached for your review.
Therefore,the Board submits to you a favorable recommendation concerning these vacations.
Sincerely,
Angela K. ob,Clerk
Attachments
1308 County-City Building•South Bend,Indiana 46601.219/235-9412•TDD(219)235-5567
John E.Leszczynski James R.Caldwell Jenny Pitts Manier