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HomeMy WebLinkAbout8413-93 Streets & Alleys E Milton St S Fellows St S Rush St Calvert St Bowman St Riley HS Area z �jT y < T ORDINANCE No. 8413-93 Passed by the Common Council of the City of South Bend, Indiana_ September 13 , 19 93 Attest: °° City Clerk IRENE K. GAMMON Attest: Alt:; of ' / President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 14, 1993 City Clerk IRENE K. GAMMON Approved and signed by me q -/ 193 otc G. Mayor 1 � R2 T 1 1 ORDINANCE NO. f'5'/3-93 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The streets and alleys to be vacated are described as E. Milton St. from the east right-of-way line of S. Fellows St.to the west right-of-way line of S. Rush St.; the first east-west alley south of E. Milton St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush St.; E. Calvert St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush St.; the first east-west alley south of E. Calvert St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush St.; E. Bowman St. from the east right-of-way line of S. Fellows St.to the west right-of-way line of S. Rush St.; the first north-south alley east of S. Fellows St. from the north right-of-way line of E. Calvert St. to the south right-of-way line of E. Milton., excluding that area which intersects with the east-west alley; the first north-south alley east of S.Fellows St.from the north right-of-way line of E. Bowman St. to the south right-of-way line of E. Calvert St., excluding that area which intersects with the east-west alley; and S. Rush St. from the south right-of-way line of E. Bowman St. to the south right-of-way line of the first east-west alley north of E. Milton St. Parts located in Studebaker's Second and Third Addition to the city of South Bend, Indiana. (SEE EXHIBIT A.) The street to be vacated is described as E. Calvert St.from the east right-of-way line of S. Rush St. to the west right-of-way line of S. High St. Part located in Henry Studebaker Park and South East Addition in the city of South Bend, Indiana. (SEE EXHIBIT B.) The street to be vacated is described as S. Marietta from the south right-of-way line of E. Dayton St. to the south right-of-way line of the first east-west alley south of E. Dayton for a distance of approximately 134 feet and a width of approximately 49.5 feet; Part located in Studebaker's Second Addition to the city of South Bend,Indiana. (SEE EXHIBIT C.) The alley to be vacated is described as the first north-south alley east of south Fellows from the north right-of-way line of the first east-west alley south of E. Bowman St. to the south right-of-way line of E. Bowman for a distance of approximately 128 feet and a width of approximately 14 feet; Part located in Studebaker's Third Addition to the city of South Bend, Indiana. (SEE EXHIBIT D.) The alley to be vacated is described as the first north-south alley east of S. Fellows from the north right-of-way line of E. Milton St. to the south right-of-way line of the first intersecting east-west alley north of E.Milton St.for a distance of approximately 120 feet and a width of approximately 14 feet; Part located in Studebaker's Second Addition to the city of South Bend, Indiana. (SEE EXHIBIT E.) The alley to be vacated is described as the first east-west alley south of E. Dayton from the west right-of-way line of S.Marietta to the west line of lot 127 for a distance of approximately 120 feet and a width of approximately 14 feet; part located in Studebaker's Second Addition to the City of South Bend, Indiana. (SEE EXHIBIT F.) Y c 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 streets and alleys to be vacated are described as E. Milton St. from the east right-of-way line of S.Fellows St. to the west right-of-way line of S.Rush St.; the first east-west alley south of E. Milton St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush St.; E. Calvert St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush St.; the first east-west alley south of E. Calvert St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush St.; E. Bowman St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S.Rush St.; the first north-south alley east of S. Fellows St. from the north right-of-way line of E. Calvert St. to the south right-of-way line of E. Milton., excluding that area which intersects with the east-west alley; the first north-south alley east of S. Fellows St. from the north right-of-way line of E. Bowman St. to the south right-of-way line of E. Calvert St., excluding that area which intersects with the east-west alley; and S. Rush St. from the south right-of-way line of E. Bowman St. to the south right-of-way line of the first east-west alley north of E. Milton St. Parts located in Studebaker's Second and Third Addition to the city of South Bend, Indiana. (SEE EXHIBIT A.) The street to be vacated is described as E. Calvert St.from the east right-of-way line of S. Rush St. to the west right-of-way line of S. High St. Part located in Henry Studebaker Park and South East Addition in the city of South Bend, Indiana. (SEE EXHIBIT B.) The street to be vacated is described as S. Marietta from the south right-of-way line of E. Dayton St. to the south right-of-way line of the first east-west alley south of E. Dayton for a distance of approximately 134 feet and a width of approximately 49.5 feet;Part located in Studebaker's Second Addition to the city of South Bend,Indiana. (SEE EXHIBIT C.) The alley to be vacated is described as the first north-south alley east of south Fellows from the north right-of-way line of the first east-west alley south of E. Bowman St. to the south right-of-way line of E. Bowman for a distance of approximately 128 feet and a width of approximately 14 feet; Part located in Studebaker's Third Addition to the city of South Bend, Indiana. (SEE EXHIBIT D.) The alley to be vacated is described as the first north-south alley east of S. Fellows from the north right-of-way line of E. Milton St. to the south right-of-way line of the first intersecting east-west alley north of E.Milton St. for a distance of approximately 120 feet and a width of approximately 14 feet; Part located in Studebaker's Second Addition to the city of South Bend, Indiana. (SEE EXHIBIT K) HOLD FOR ALLEY VACATION (SEE EXHIBIT F.) M i y Y x 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: Name and Address Legal Description Leland J. Adams Key No. 18 7049 1911 30368 CR 12 W South Bend, IN 46614 John and Alma A. Afford Key No. 18 7049 1889 517 E. Milton St. South Bend, IN 46613 Robert L. and Eamestine Baskin Key No. 18 7049 1894 4016 Bonfield Pl. South Bend, IN 46619 Elizabeth J. Bennett Key No. 18 7048 1864 19353 Breenacre St. South Bend, IN 46637 Elizabeth J. Bennett Key No. 18 7048 1866 19353 Greenacre St. South Bend, IN 46637 Shirley S. Blair Key No. 18 7049 1898 2239 Topswood Lane South Bend, IN 46614 Joseph L. and Sharon K. Boyd Key No. 18 7036 1433 410 E. Bowman St. South Bend, IN 46613 Philip E. Bush Key No. 18 7049 1893 13630 Alderwich Dr. Apt. #776 Seal Beach, CA 90740 Mark Campbell Key No. 18 7035 1375 406 E. Calvert South Bend, IN 46613 Mark Campbell Key No. 18 7035 1376 406 E. Calvert South Bend, IN 46613 Mark Campbell Key No. 18 7035 1377 406 E. Calvert South Bend, IN 46613 1 Y A.B. & Frances Collins Key No. 18 7049 1906 533 E. Calvert South Bend, IN 46613 Leon Eck & Thomas Doran Key No. 18 7035 1364 417 E. Calvert South Bend, IN 46613 Leon Eck & Thomas Doran Key No. 18 7035 1363 417 E. Calvert South Bend, IN 46613 Miriam R. Dreibelbeis Key No. 18 7048 1843 629 E. Dayton St. South Bend, IN 46613 Miriam R. Dreibelbeis Key No. 18 7048 1844 629 E. Dayton St. South Bend, IN 46613 Miriam R. Dreibelbeis Key No. 18 7048 1845 629 E. Dayton St. South Bend, IN 46613 Erin Real Estate, Inc. Key No. 18 7049 1890 2239 Topswood Lane South Bend, IN 46614 Alice C. Farrington & Debra S. Speth Key No. 18 7036 1422 222 E. Walter South Bend, IN 46614 James A. and Rebecca I. Fenters Key No. 18 7048 1867 23177 Roosevelt Rd. South Bend, IN 46614 James A. and Rebecca I. Fenters Key No. 18 7048 1868 23177 Roosevelt Rd. South Bend, IN 46614 Donald and Mildred A. Flannery, Sr. Key No. 18 7049 1908 525 E. Calvert South Bend, IN 46613 Guy A. & Helen M. Fox Key No. 18 7036 1421 415 E. Bowman St. South Bend, IN 46613 Timothy Allen Freel Key No. 18 7048 1869 618 Dayton South Bend, IN 46613 Joseph N. and Jean E. Freeman Key No. 18 7036 1434 418 E. Bowman South Bend, IN 46613 r T f { Sylvester Fultz Key No. 18 7048 1872 606 E. Dayton St. South Bend, IN 46613 Salvador Garcia Key No. 18 7050 1928 509 E. Bowman South Bend, IN 46613 John R. Gouker & William T. Bell Key No. 18 7049 1884.01 750 Portage South Bend, IN 46616 James A. Gozzola Key No. 18 7048 1871 610 E. Dayton St. South Bend, IN 46613 James A. Grununell Key No. 18 7049 1902 1146 E. Cleveland South Bend, N 46628 Glen A. and Josephine Harrington Key No. 18 7049 1901 514 E. Milton South Bend, IN 46613 Jeffery Hines Key No. 18 7049 1899 18131 Field Ct. South Bend, IN 46637 Martin A. Horvath Key No. 18 7049 1895 S.R. 104, R.R. #2 Box 510 - A Walkerton, IN 46574 Housing Authority of South Bend Key No. 18 7049 1907 501 S. Scott St. South Bend, IN 46613 Housing Authority of South Bend Key No. 18 7049 1909 501 S. Scott St. South Bend, IN 46613 Walter T. and Jeanette Hubbard Key No. 18 7048 1870 612 E. Dayton St. South Bend, IN 46613 Stacey Mills Key No. 18 7049 18% Thaumaturgus, Inc. 2239 Topswood Lane South Bend, IN 46614 John A. Parsons Key No. 18 7049 1888 521 E. Milton St. South Bend, IN 46613 Bobbie J. Reams Key No. 18 7049 1905 t f a Evert L. Riley Key No. 18 7049 1898 1206 Mishawaka Ave South Bend, IN 46615 Charles Roberts Key No. 18 7049 1900 518 E. Martin St. South Bend, IN 46619 Loren D. & Barbara J. Rockwell Key No. 18 7035 1362 59546 M 51 South Dowagiac, MI 49047 James L. Rosebaum Key No. 18 7048 1873 515 S. St. Joseph South Bend, IN 46601 James R. Sego, Jr. Key No. 18 7049 1891 26633 SR 23 South Bend, IN 46615 Stephen G. Smith Key No. 18 7036 1423 2803 Southeast Dr. South Bend, IN 46614 City of South Bend Key No. 18 7049 1892 1200 County-City Bldg. South Bend, IN 46601 City of South Bend Key No. 18 7049 1910 1200 County-City Bldg. South Bend, IN 46601 City of South Bend Key No. 18 7059 2171 1200 County-City Bldg. South Bend, IN 46601 City of South Bend Key No. 18 7059 2172 1200 County-City Bldg. South Bend, IN 46601 South Bend Community School Corp. Key No. 18 7050 1926.01 635 S. Main Street South Bend, IN 46601 Key No. 18 7050 1916 Key No. 18 7050 1917 Key No. 18 7050 1918 Key No. 18 7050 1919 Key No. 18 7050 1920 Key No. 18 7050 1921 ■ , Key No. 18 7050 1925 Key No. 18 7050 1926 Key No. 18 7050 1927 Key No. 18 7050 1928 Key No. 18 7050 1930 Key No. 18 7050 1931 Key No. 18 7050 1932 Key No. 18 7050 1934 James W. Spencer Key No. 18 7049 1903 501 E. Calvert South Bend, IN 46613 James W. Spencer Key No. 18 7049 1904 501 E. Calvert South Bend, IN 46613 James W. Spencer Key No. 18 7049 1913 501 E. Calvert South Bend, IN 46613 James W. Spencer Key No. 18 7049 1914 501 E. Calvert South Bend, IN 46613 Robert J. and Janice Thompson Key No. 18 7050 1935 11894 Wagner Drive Mishawaka, IN 46545 Joseph A. and Helen Toth Key No. 18 7049 1884 2916 Miami St. South Bend, IN 46614 Brian K. and Joanna S. Weaver Key No. 18 7049 1885 533 E. Milton St. South Bend, IN 46613 Robert Webber, Sr. Key No. 18 7045 1746 1017 Fuerbringer South Bend, IN 46616 Larry A. Weesner Key No. 18 7045 1747 1826 Fellows St. South Bend, IN 46614 Wilkeson Brother's Rentals Key No. 18 7049 1886 61595 Elderberry South Bend, IN 46614 I Marvin H. & Ruth Willman Key No. 18 7045 1744 757 W. Market St. Nappanee, IN 46550 Estate of Virginia Wilmes Key No. 18 7050 1933 ao Atty. Arthur Perry JMS Bldg., Suite 420 108 N. Main St. South Bend, IN 46601 SECTION IV. The purpose of the vacation of the real property is to: The South Bend Community School Corporation is petitioning to have the above-described streets, street segments, and alley-ways vacated in accordance with City ordinance. All of the streets and alley-ways included in this petition are in the area designated by the South Bend Community School Corporation as necessary in support of the construction of the New Riley High School. The South Bend Community School Corporation has acquired or is in the process of acquiring real property in the area served by the identified streets, streets segments, and alley-ways. The closing of the enumerated streets and alley-ways will enable the South Bend Community School Corporation to: • Provide a contiguous campus arrangement with the new Riley High School building and the designed layout of the athletic and recreational facilities. • Provide students with safe access to the athletic/recreational facilities. • Provides for setback from the street and allows for reconfiguration of the building footprint to the North of the existing track facility. • Removes the building from the Bowman Creek flood plain which will provide fewer construction related problems. • Would allow the shifting of the athletic/recreation facilities within Studebaker Park to the South and West. • Would enhance the green space(playground area)to Studebaker Elementary School. • Would provide additional off street parking adjacent to the building (North). SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and shall be further contingent upon the State Tax Commissioners final approval of the new Riley High School project. Memb'r of th •mmon Council al-argued only to provide an opportunity for public d1s.^1=: o9 wad Council action on the isaue.. of • • r EXHIBIT A • ' July 28, 1993 • r , Board of Public works 1316 County-City Bldg. South Bend, IN 46601 • STREET VACATION' . The streets and alleys to be vacated are described as E. Milton St. . from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush St.; the first.east-west alley south of E. Hilton St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush'St.; E. Calvert St. from . • the east right-of-way line of S. Fellows St. to the west right-of way line of S. Rush St.; the first .east-west alley south of E. Calvert St. from the east right-of-way line of S. Fellows St. to • the west right-of-way line of S. Rush St.; E. Bowman St. •from the east right-of-way line of S. Fellows St. to •the west right-of-way line.of S. Rush St.; the first north-south alley east of S. Fellows St. from the north right-of-way line of E. Calvert St. to the south right-of-way line of E. Milton St., excluding that area which intersects with the east-west alley; the first north-south alley east of S. Fellows St. from the north right-of-way line of E. Bowman St. to the south right-of-way line of E. Calvert St., • excluding that area which intersects with the east-west alley; and S. Rush St. from the south right-of-way line of E. Bowman St. to the south right-of-way line of the first east-west alley north of E. Milton St. Parts located in .Studebaker's•Second and Third Addition to the city of.South Bend, Indiana: • q .....Z4-• 3tl .`...•r-• t1. Vim. • • AO ta t .a .'� CJ'i O;Ooh t P .p ..P 'P P' Q� Cr. oa Z,• I ,:; DAYTON. _ a .v-4' '. ., ' - a- gRi-PW q--- ,, TA. .. Weil , .± . - t..4. 'O �� a b t'. 8 II�.3b ., ` Orr"; ‹.7 . !� Tom• C]' P• � _„.evict • �i1119�}S� .i��� •o • -111111Witi). -111410• 4t �F r 00 - : • . NNNNIS-151, 18-7048 n^ � NMI ARO,. NMI ;1.1 • . , 0/ 1 ,:t.....R . . iz.I. « • I . Li - aJul. • to....1 a a O. almilittialleinii :::;,:4111 iiiitill Ft.,.....:o vac, �6 /i48 DONALD ST. „ ,. • • EXHIBIT' C i July 26, 1993 Board of Public Works 1316 County-City Bldg. South Bend, IN 46601 STREET VACATION G r( The street to be vacated is described as S. Marietta from the south right-of-way line of E. Dayton St. to the south right-of-way line of the first east-west alley south of E. Dayton for a distance of approximately 134 feet and a width of approximately 49.5 feet; Part located in Studebaker's Second Addition to the city of South Bend, Indiana. . - 40.1.*? r . =V 4 • 0::?.. ` d O i =V,ti ..,, .4 b b �4 it : \ \ , . • Z'd. hl Di IIN 40 . CI .: .• .. 4.1../ 44.4 • • 4: . •Alti‘. .0 Ara&• 00 Yr-.01.-••• z; 0 Ili ." - .- z iii!Ii . -R "04YrON i " r .--, : UF h � , ��, Y sliir OBI r , • 4%5p., .c-8\ 0, • 4 i ..: ,i'iLTON 1 ST ..), . .O • E. P lin 1.�� he � 18-7043 �t � •• /947 N v M � \ O d O I y ' � O; � d~' ^' 41�` � ` v '1. \ b CALVERT UA ` T Ml ct i« I w P 1 r F ; j,•\P «.x • u- .. .cac n• pi' I � I :I a Rl o' t ^ .77.3.-s, . . , 1477 • v BOWMAN ST ii wP tr n '3,.. to P P .c' • . EXHIBIT B ,' July 27, 1993 . Board of Public Works 1316 County-City Bldg. South Bend, IN 46601 • STREET VACATION • The street to be vacated is described as E. Calvert St. from the • • east right-of-way line of S. Rush St. to the west right-of-way line of S. High St. Part located in Henry Studebaker Park and South East • Addition in the city of South Bend, Indiana..73 r\ 4% C; O'^._. E-. a-' ej t∎ V nR h O_ •+� 4� J`• 'll h • W .. "O : 1..suor , :3, / / J 0 DAYTON . (\ V Zg�/ ,� :�471� DAY 101, IiiisolvJklitioi261-1- .../ • w„„, _ tin Fa� e . 03102) �o oral r 94s v ,������• . • •°° MILTON Sr y . :1,87:„ Ntge-:,:ssi t-.-; ‘,,,,-: 1-,:jgal c 0:61,,,, ,) • . roa art', - rig Aram '1147 - dWit!■�.'.o +,, ,.. rim . . 7/ '- 73-115c ) ,--° CALVERT LVERT CO Ao i"-• « ` v `. i 1111101 11: tNbZ�l� =� «.. ill 1 2-.:.e .cx. g g i`..j .n n., 4 R• '1 m, v-. .e .d .. 4 7, J1.7 J. « f0 ° BOWMAN v BOWMAN . ST. .o I b 1 b v p ` P' mlo6t • s... ..:, •�J . f� = i ...a � - y_ c..2- -76oG• 1 2 q''.. INEN ' ' ' Vac. \DONALD .STS T-'- -156 6 NALD r 84Th • - 1 . • -9541 • • 1 g G' -25n 1 w 1 • I -:-...-N. .-4., -. 2 . • . f , EXHIBIT D ` 1 July 26, 1993 Board of Public Works 1316 County-City Bldg. South Bend, IN 46601 - ALLEY VACATION d The alley to be vacated is described as the first north-south alley east of south Fellows from the north right-of-way line of the first east-west alley south of E. Bowman St. to the south..right-of-way line of E. Bowman for a distance of approximately 128 feet and a - width of approximately 14 feet; Part located in Studebaker's Third Addition to the city of South Bend, Indiana. ■31‘ MILTON ST h I No- °: .nb��s 18-704)_ sv1 • I /947 • fr3 (3 .co M • V A NJ n • 110.41101:41/111111 A . .. t4= : KM -.1Plqi Itili.:{ rte• v• Ilarnm4 , 44.7, Aise • �G '° .OIYMA / � u 112,1 Th�S �oald �� ,Y () Nil N ..htil... UN _ . • !V\ Mi•CMINIMMealltintl x __,c-:1-5V rprilinif, vt t .. ii ...c 416 s /148 •at. I DONALD --7-sr--s-r-• 18-7048 J44G . ° . _ i EXHIBIT ,E • July 27, 1993 Board of Public Works 1316 County-City Bldg. South Bend, IN 46601 ALLEY VACATION OK The alley to be vacated is described as the first north-south alley east of S. Fellows from the north right-of-way line of E. Milton St. to the south right-of-way line of the first intersecting east- west alley north of E. Milton St. for a distance of approximately 120 feet and a width of approximately 14 feet; Part located in Studebaker's Second Addition to the city of South Bend, Indiana. r .3 1«-• SQ .04....4 •Z; °j 1 . n vh h h ° ' 04 � =o a ")--. Amp- e ,b« L • • t qis cc 'h V(.. Oi ^ ■ " M h ci o ^ I v- o2 a` V o- e- C` P . o0 W t•• ; � ° • o i $ o o op ' • •• 'b If '1. 4J.1 . . . 111 40 . b - - 40 40 . /! 41 P..' ••u DAYTON V Z 97 I b 111� � N .. a eq iV �, tom("' '' N. t-- E1151 kl tt him C'^�41i, �7 fit \ Q• 0V• •111111601rtillit�� MtL F .O -1 h /L iN ': • Iliii I 18-7048 . • k. gilli •coig„w gig 1947. 4JA . CALVERT 141- CO A n o 7... 1 !IL N. 'r -5 . � ' «.x 'ti`s' Icx b i . m I 7-'1 >/,'„ 3 HT, . « 3J.• aif v BOWMAN ST. u l0 fo t` 43 1..(.4 w IV .. O. o- - I.41s\t. � 1 .r.0 0 h o h h 14 .. 447'34 131 .. .. 431 41.61!4�8`-' /948 DONALD '' ...97:-- -1-1 LL 1 • EXHIBIT F ALLEY VACATION The alley to be vacated is described as the first east-west alley south of E. Dayton from the west right-of-way line of S. Marietta to the west line of lot 127 for a distance of approximately 120 feet and a width of approximately 14 feet; Part located in Studebaker's Second Addition to the city of South Bend, Indiana. 3? ^ b m 1 °f„ v" -/82G g.-z. —..r�1M M m ;i -d °� / 9 i1 c3 cr- CO t, o-' n j!. R b .!d Ii AI 40 10 40' .. b !! 11 11.4 443 400 43 43 33 10 47 40 P% AVE z: • '• 1].9 4 3d 00 z.....1 b 4., - " A 31 j31 j23 P es ' `V�� ;? 18 7047 E Y li• ��-/4/6 ; . h psY ... ^ V A!B't20l� lila! do p i. ,..,, ,.... 4, a- IR e , ., tl. % : 0 0 °� '= m Cr. c a a, a wM tO -_4 r f cc DAYTON - v3. zg71 °gym{� ^ n 0 oLl v v 1 ' .. 'i A� �i so ■ 1111„ c9, -1,2 cZt iititifiL, -cZ c■( !: '.". (1,/ -4.- r 1 Tr -:* ,p` g ^_ /931 t ,31 s. i /LTON ST :?, wST- . 4 �% h • 18-7048 ` �2 0 0 0 , /147 7oa t v°: P-a e b �' h� 7i SO _ 411 • d x1 4$1 CALVERT ST. P ' %I , . : I w t. I 1 ; a , .. 411 44.77 rALS 1 Se ST. •' 43 44.E '0- a ■ 7 41 tr h` o - ' PETITION TO VACATE PUBLIC WAYS IN THE CITY OF SOUTH BEND To: The Common Council of the Date: August 18, 1993 City of South Bend, Indiana The South Bend Community School Corporation Board of School Trustees, acting by and through the School Corporation administrative personnel, owners of those parcels of property as identified below,which properties abut the following rights-of-way,PETITION the Common Council of the City of South Bend, Indiana to vacate the streets, street segments, and alleys described as: The streets and alleys to be vacated are described as E. Milton St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush St.; the first east-west alley south of E. Milton St..from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush St.; E. Calvert St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush St.; the first east-west alley south of E. Calvert St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S. Rush St.; E. Bowman St. from the east right-of-way line of S. Fellows St. to the west right-of-way line of S.Rush St.; the first north-south alley east of S. Fellows St. from the north right-of-way line of E. Calvert St. to the south right-of-way line of E.Milton., excluding that area which intersects with the east-west alley; the first north-south alley east of S. Fellows St. from the north right-of-way line of E. Bowman St. to the south right-of-way line of E. Calvert St., excluding that area which intersects with the east-west alley; and S. Rush St. from the south right-of-way line of E. Bowman St. to the south right-of-way line of the first east-west alley north of E. Milton St. Parts located in Studebaker's Second and Third Addition to the city of South Bend, Indiana. (SEE EXHIBIT A.) The street to be vacated is described as E. Calvert St.from the east right-of-way line of S. Rush St. to the west right-of-way line of S. High St. Part located in Henry Studebaker Park and South East Addition in the city of South Bend, Indiana. (SEE EXHIBIT B.) The street to be vacated is described as S. Marietta from the south right-of-way line of E. Dayton St. to the south right-of-way line of the first east-west alley south of E. Dayton for a distance of approximately 134 feet and a width of approximately 49.5 feet;Part located in Studebaker's Second Addition to the city of South Bend,Indiana. (SEE EDIT C.) The alley to be vacated is described as the first north-south alley east of south Fellows from the north right-of-way line of the first east-west alley south of E. Bowman St. to the south right-of-way line of E. Bowman for a distance of approximately 128 feet and a width of approximately 14 feet; Part located in Studebaker's Third Addition to the city of South Bend, Indiana. (SEE EXHIBIT D.) The alley to be vacated is described as the first north-south alley east of S. Fellows from the north right-of-way line of E. Milton St. to the south right-of-way line of the first intersecting east-west alley north of E.Milton St. for a distance of approximately 120 feet and a width of approximately 14 feet; Part located in Studebaker's Second Addition to the city of South Bend, Indiana. (SEE EXHIBIT E.) The alley to be vacated is described as the first east-west alley south of E. Dayton from the west right-of-way line of S. Marietta to the west line of lot 127 for a distance of approximately 120 feet and a width of approximately 14 feet; part located in The following properties with respective owners noted, are situated within one hundred and fifty feet (150') of the exterior boundaries of the streets, street segments, and alleys petitioned to be vacated: Name and Address Legal Description Leland J. Adams Key No. 18 7049 1911 30368 CR 12 W South Bend, IN 46614 John and Alma A. Alford Key No. 18 7049 1889 517 E. Milton St. South Bend, IN 46613 Robert L. and Eamestine Baskin Key No. 18 7049 1894 4016 Bonfield P1. South Bend, IN 46619 Elizabeth J. Bennett Key No. 18 7048 1864 19353 Breenacre St. South Bend, IN 46637 Elizabeth J. Bennett Key No. 18 7048 1866 19353 Greenacre St. South Bend, IN 46637 Shirley S. Blair Key No. 18 7049 1898 2239 Topswood Lane South Bend, IN 46614 Joseph L. and Sharon K. Boyd Key No. 18 7036 1433 410 E. Bowman St. South Bend, IN 46613 Philip E. Bush Key No. 18 7049 1893 13630 Alderwich Dr. Apt. #776 Seal Beach, CA 90740 Mark Campbell Key No. 18 7035 1375 406 E. Calvert South Bend, IN 46613 Mark Campbell Key No. 18 7035 1376 406 E. Calvert South Bend, IN 46613 Mark Campbell Key No. 18 7035 1377 406 E. Calvert South Bend, IN 46613 Kenneth Russell Carter Key No. 18 7045 1745 1815 S. Fellows St. South Bend, IN 46613 Leon Eck & Thomas Doran Key No. 18 7035 1364 417 E. Calvert South Bend, IN 46613 Leon Eck & Thomas Doran Key No. 18 7035 1363 417 E. Calvert South Bend, IN 46613 Miriam R. Dreibelbeis Key No. 18 7048 1843 629 E. Dayton St. South Bend, IN 46613 Miriam R. Dreibelbeis Key No. 18 7048 1844 629 E. Dayton St. South Bend, IN 46613 Miriam R. Dreibelbeis Key No. 18 7048 1845 629 E. Dayton St. South Bend, IN 46613 Erin Real Estate, Inc. Key No. 18 7049 1890 2239 Topswood Lane South Bend, IN 46614 Alice C. Farrington & Debra S. Speth Key No. 18 7036 1422 222 E. Walter South Bend, IN 46614 James A. and Rebecca I. Fenters Key No. 18 7048 1867 23177 Roosevelt Rd. South Bend, IN 46614 James A. and Rebecca I. Fenters Key No. 18 7048 1868 23177 Roosevelt Rd. South Bend, IN 46614 Donald and Mildred A. Flannery, Sr. Key No. 18 7049 1908 525 E. Calvert South Bend, IN 46613 Guy A. & Helen M. Fox Key No. 18 7036 1421 415 E. Bowman St. South Bend, IN 46613 Timothy Allen Freel Key No. 18 7048 1869 618 Dayton South Bend, IN 46613 Joseph N. and Jean E. Freeman Key No. 18 7036 1434 418 E. Bowman South Bend, IN 46613 Joseph N. and Jean E. Freeman Key No. 18 7036 1435 418 E. Bowman South Bend, IN 46613 Salvador Garcia Key No. 18 7050 1928 509 E. Bowman South Bend, IN 46613 John R. Gouker & William T. Bell Key No. 18 7049 1884.01 750 Portage South Bend, IN 46616 James A. Gozzola Key No. 18 7048 1871 610 E. Dayton St. South Bend, IN 46613 James A. Grummell Key No. 18 7049 1902 1146 E. Cleveland South Bend, N 46628 Glen A. and Josephine Harrington Key No. 18 7049 1901 514 E. Milton South Bend, IN 46613 Jeffery Hines Key No. 18 7049 1899 18131 Field Ct. South Bend, IN 46637 Martin A. Horvath Key No. 18 7049 1895 S.R. 104, R.R. #2 Box 510 - A Walkerton, IN 46574 Housing Authority of South Bend Key No. 18 7049 1907 501 S. Scott St. South Bend, IN 46613 Housing Authority of South Bend Key No. 18 7049 1909 501 S. Scott St. South Bend, IN 46613 Walter T. and Jeanette Hubbard Key No. 18 7048 1870 612 E. Dayton St. South Bend, IN 46613 Stacey Mills Key No. 18 7049 1896 Thaumaturgus, Inc. 2239 Topswood Lane South Bend, IN 46614 John A. Parsons Key No. 18 7049 1888 521 E. Milton St. South Bend, IN 46613 Bobbie J. Reams Key No. 18 7049 1905 537 E. Calvert South Bend, IN 46613 Dale W. and Bernetha Redman Key No. 18 7049 1912 Charles Roberts Key No. 18 7049 1900 518 E. Martin St. South Bend, IN 46619 Loren D. & Barbara J. Rockwell Key No. 18 7035 1362 59546 M 51 South Dowagiac, MI 49047 James L. Rosebaum Key No. 18 7048 1873 515 S. St. Joseph South Bend, IN 46601 James R. Sego, Jr. Key No. 18 7049 1891 26633 SR 23 South Bend, IN 46615 Stephen G. Smith Key No. 18 7036 1423 2803 Southeast Dr. South Bend, IN 46614 City of South Bend Key No. 18 7049 1892 1200 County-City Bldg. South Bend, IN 46601 City of South Bend Key No. 18 7049 1910 1200 County-City Bldg. South Bend, IN 46601 City of South Bend Key No. 18 7059 2171 1200 County-City Bldg. South Bend, IN 46601 City of South Bend Key No. 18 7059 2172 1200 County-City Bldg. South Bend, IN 46601 South Bend Community School Corp. Key No. 18 7050 1926.01 635 S. Main Street South Bend, IN 46601 Key No. 18 7050 1916 Key No. 18 7050 1917 Key No. 18 7050 1918 Key No. 18 7050 1919 Key No. 18 7050 1920 Key No. 18 7050 1921 Key No. 18 7050 1922 Key No. 18 7050 1923 r ' Key No. 18 7050 1927 Key No. 18 7050 1928 Key No. 18 7050 1930 Key No. 18 7050 1931 Key No. 18 7050 1932 Key No. 18 7050 1934 James W. Spencer Key No. 18 7049 1903 501 E. Calvert South Bend, IN 46613 James W. Spencer Key No. 18 7049 1904 501 E. Calvert South Bend, IN 46613 James W. Spencer Key No. 18 7049 1913 501 E. Calvert South Bend, IN 46613 James W. Spencer Key No. 18 7049 1914 501 E. Calvert South Bend, IN 46613 Robert J. and Janice Thompson Key No. 18 7050 1935 11894 Wagner Drive Mishawaka, IN 46545 Joseph A. and Helen Toth Key No. 18 7049 1884 2916 Miami St. South Bend, IN 46614 Brian K. and Joanna S. Weaver Key No. 18 7049 1885 533 E. Milton St. South Bend, IN 46613 Robert Webber, Sr. Key No. 18 7045 1746 1017 Fuerbringer South Bend, IN 46616 Larry A. Weesner Key No. 18 7045 1747 1826 Fellows St. South Bend, IN 46614 Wilkeson Brother's Rentals Key No. 18 7049 1886 61595 Elderberry South Bend, IN 46614 Wilkeson Brother's Rentals Key No. 18 7049 1887 61595 Elderberry South Bend, IN 46614 Estate of Virginia Wilmes Key No. 18 7050 1933 ao Atty. Arthur Perry JMS Bldg., Suite 420 108 N. Main St. South Bend, IN 46601 A I Bend Community S ool Co r lion By: A el WITitle: ca. f Attest: Irene Gammon Contact Person: City Clerk Ralph Komasinski, Deputy Superintendent Room 455 South Bend Community School Corporation County-City Building 635 South Main Street South Bend, IN 46601 South Bend, IN 46601 ///, dt^ w �` d City of South Bend �l� 1,.1 ' Joseph E. Kernan, Mayor a $ 865;." 01.'s %' Board of Public Works September 8, 1993 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: PETITION TO VACATE VARIOUS STREETS AND ALLEYS IN THE VICINITY OF RILEY HIGH SCHOOL 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 Petition as submitted by Mr. Ralph Komasinski, Deputy Superintendent, South Bend Community School Corporation, 635 South Main Street, South Bend, Indiana, to vacate the following property: 1. a. East Milton Street from the east right-of-way line of South Fellows Street to the west right-of-way line of South Rush Street; b. The first east/west alley south of East Milton Street from the east right-of-way line of South Fellows Street to the west right-of-way line of South Rush Street; c. East Calvert Street from the east right-of-way line of South Fellows Street to the west right-of-way line of South Rush Street; d. The first east/west alley south of East Calvert Street from the east right-of-way line of South Fellows Street to the west right-of-way line of South Rush Street; e. East Bowman Street from the east right-of-way line of South Fellows Street to the west right-of-way line of South Rush Street; f. The first north/south alley east of South Fellows Street from the north right-of-way line of East Calvert Street to the south right-of-way line of East Milton, excluding that area which intersects with the east/west alley; 1308 County-City Building • South Bend, Indiana 46601 • 219/235-9412 John E. Leszczynski James R. Caldwell Mary H. Mueller • MEMBERS OF THE COMMON COUNCIL September 8, 1993 Page -2- g. The first north/south alley east of South Fellows Street from the north right-of-way line of East Bowman Street to the south right-of-way line of East Calvert Street, excluding that area which intersects with the east/west alley; h. South Rush Street from the south right-of-way line of East Bowman Street to the south right-of-way line of the first east/west alley north of East Milton Street. Parts located in Studebaker' s Second and Third Addition to the City of South Bend, Indiana. 2. East Calvert Street from the east right-of-way line of South Rush Street to the west right-of-way line of South High Street. Part located in Henry Studebaker Park and South East Addition in the City of South Bend, Indiana. 3. South Marietta Street from the south right-of-way line of East Dayton Street to the south right-of-way line of the first east/west alley south of East Dayton for a distance of approximately 134 feet and a width of approximately 49.5 feet. Part located in Studebaker's Second Addition to the City of South Bend, Indiana. 4. The first north/south alley east of South Fellows Street from the north right-of-way line of the first east/west alley south of East Bowman Street to the south right-of-way line of East Bowman for a distance of approximately 128 feet and a width of approximately 14 feet. Part located in Studebaker' s Third Addition to the City of South Bend. 5. The first north/south alley east of South Fellows from the north right-of-way line of East Milton Street to the south right-of-way line of the first intersecting east/west alley north of East Milton Street for a distance of approximately 120 feet and a width of approximately 14 feet. Part located in Studebaker' s Second Addition to the City of South Bend. 6. The first east/west alley south of East Dayton Street from the west right-of-way line of South Marietta to the west line of MEMBERS OF THE COMMON COUNCIL September 8, 1993 Page -3- lot 127 for a distance of approximately 120 feet and a width of approximately 14 feet. Part located in Studebaker's Second Addition to the City of South Bend. For you information, attached are copies of the recommendations which the Board received from the Area Plan Commission, Fire Department, Police Department, Department of Community and Economic Development, Division of Engineering and Division of Sanitation concerning this Petition. Additionally, the Division of Engineering will be providing to members of the Council a copy of the Final Report - Calvert Street Closing: Traffic Impact Analysis as prepared by Cole Associates. Therefore, the Board of Public Works submits to the Common Council a favorable recommendation concerning this Vacation Petition with the understanding that this recommendation is strictly technical in nature and does not address the impact of the vacation of the various streets and alleys on the residents of the neighborhoods. Sincerely, BOfp OF PUBLIC Ww S U ' g / JD� Sandra M. Parmerlee, Clerk