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Home My WebLink About19-20 Howard Corby Kite South Bend Ave Vacation Ordinance30 S. MERIDIAN STREET SUITE 1100 INDIANAPOLIS, IN 46204 317-577-5600 FAX 317-577-5605 kiterealty.com April 28, 2020 Honorable Members of the City Council South Bend Common Council 4th Floor — County City Building South Bend, IN 46601 I KITE REALTY GROUP Dear Council Members: MAY n 6 2020 Kite Realty Group, in association with the University of Notre Dame, the owner of abutting lots, petitions the City of South Bend for the vacation of the eastern end of Saint Vincent Street to provide for a park area in Eddy Street Commons, Phase II. The area to be vacated would begin east of the entrance drive(s) of two existing apartment buildings located at 1104 and 1105 East Saint Vincent Street, respectively. The construction of the proposed park and permanent closure of Saint Vincent Street is consistent with plans for Eddy Street Commons Phase II presented to neighboring residents in the Triangle in October 2017 and approved by the City of South Bend in March 2018. The Right -of -Way was not vacated at the time of plan approval since this section of Saint Vincent Street was needed to provide access to the apartment buildings during construction. Now that construction is nearing completion is an appropriate time to close Saint Vincent Street and construct the park as intended. We believe that the vacation of these alley and street segments would be in the public interest as such vacation would: (i) provide for the completion of Eddy Street Commons, Phase II in a manner consistent with representations made to neighbors and approved by City Engineering; (ii) maintain an appropriate buffer between the Triangle and the more dense Eddy Street Commons multi -family development; (iii) provide for an outdoor space to be used by the general public, all changes which will enhance the use and value of area properties. Thank you for your time and consideration. Should you have any questions or need any additional information, please do not hesitate to contact me at your earliest convenience. Sincerely, Tony Halsey, P.E. Kite Realty Group KRG NYSE MAY n 62020 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: East End of Saint Vincent Street, east of Eddy Street, from the western boundaries of Lots 6 and 7 of Eddy Street Commons Section II, to the western boundary of the Right -of -Way of Georgiana Street, South Bend, Indiana. 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: 1). East End of Saint Vincent Street, from the western boundaries of Lots 6 and 7 of Eddy Street Commons Section II, to the western boundary of the Right -of -Way of Georgiana Street, South Bend, Indiana, described as follows: SAINT VINCENT STREET PARTIAL VACATION LEGAL PART OF 50 FOOT WIDE ST. VINCENT STREET AS PLATTED IN EDDY STREET COMMONS SECTION II, THE PLAT OF WHICH IS RECORDED AS INSTRUMENT NUMBER 1804819 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST RIGHT OF WAY LINE OF GEORGIANA STREET AT THE SOUTHEAST CORNER OF LOT 6 OF SAID EDDY STREET COMMONS SECTION II; THENCE SOUTH 89 DEGREES 50 MINUTES 18 SECONDS WEST ALONG THE NORTH LINE OF ST. VINCENT STREET 68.89 FEET TO THE SOUTHWEST CORNER OF LOT 6; THENCE SOUTH 00 DEGREES 23 MINUTES 07 SECONDS EAST 50.00 FEET TO THE SOUTH LINE OF ST. VINCENT STREET AT THE NORTHWEST CORNER OF LOT 7; THENCE NORTH 89 DEGREES 50 MINUTES 18 SECONDS EAST ALONG THE SOUTH LINE OF ST,VINCENT STREET 68.85 FEET TO THE WEST LINE OF GEORGIANA STREET AT THE NORTHEAST CORNER OF LOT 7; THENCE NORTH 00 DEGREES 20 MINUTES 40 SECONDS WEST A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,444 SQUARE FEET MORE OR LESS. HEREBY DETERMINES THAT IT IS DESIRABLE TO VACATE SAID PROPERTY. SECTION 11. 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 Tax Key Numbers may be injuriously or beneficially affected by such vacating: 18-5101-3561 18-5101-3562 18-5098-3455 18-5098-3457 18-5101-3569 18-5101-3572 18-5101-3575 18-5101-3578 18-5099-3487 18-5099-3491 18-5099-3495 18-5099-3498 SECTION IV. The purpose of the vacation of the real properties is to vacate that portion of the Public Street in the described area to allow for the development of some of the adjacent property. 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. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2020, at o'clock . M. City Clerk Approved and signed by me on the day of 2020, at o'clock . M. Mayor, City of South Bend, Indiana PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYSI To the Common Council Date: 4-28-20 of the City of South Bend, Indiana We, the undersigned property owner(s), petition you to vacate: 1). East End of Saint Vincent Street, east of Eddy Street, from the western boundaries of Lots 6 and 7 of Eddy Street Commons Section II, to the western boundary of the Right -of -Way of Georgiana Street, South Bend, Indiana. Tax Key Numbers owned by the Petitioners: 18-5101-3561 18-5101-3562 18-5098-3455 18-5098-3457 NAME (signed & nnted & ADDRESS For — University of Notre Dame Du Lac 415 Main Building Notre Dame, Indiana 46556 574-631-3050 Office of the City Clerk Dawn M. Jones, MPA, City Clerk Room 455 -County -City Building South Bend, IN 46601 574-235-9221 CONTACT PERSON NAME: Tony Halsey, PE Kite Realty Group 30 South Meridian Street Indianapolis, Indiana 46204 e-mail: thalsey@kiterealty.com m 3` Ym s ~LLI x0 io R 3Wo T. K 2W F ° o�,N-0 r U)W F-Xz MOON ■� o=aoZg f ? �> wa>w_ 0 n i {FNVA3N169 N0310dVN In Q 4 •I z Lu liI• � o a a w >3 � i r O wx x - I l I �I K l .IL--- J`-` J L 0- a� � 1335115 11i3�NH '15 • �� I In Ln N . 1 ,. a f�0 �'� N III l Ilam IL �nLID 0 -- M �7OJ Lu I a II cj a ,? it I ; a ccaeY 9CAm V___ cit "M J T- ir►9 Vo' Ln 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Mr. Tony Halsey Kite Realty Group 30 South Meridian St. Indianapolis, IN 46204 thal sey(a,kiterealty . com CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 28, 2020 PHONE 574/235-9251 FAX 574/235-9171 RE: Street Vacation — Preliminary Review Easternmost 70' of St. Vincent St., West of Georgiana, East of the Entrance to 1104-1105 East St. Vincent St. Dear Mr. Halsey: The Board of Public Works, at its April 28, 2020, meeting, reviewed comments by the Engineering Division, Street Division, Community Investment, Fire Department, Police Department, and NIPSCO. The following comments and recommendations were submitted: The Engineering Division states the St. Vincent Street vacation will need easements for public access and City utilities. Community Investment recommends a public access easement equal to the width of the right-of-way [OR of 15' in width] to permit the passage of pedestrians and nonmotorized vehicles between Eddy and Georgiana Streets. Per IC 36-7-3-13, the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this street subject to the public access and utility easements. Please contact the Permit Denartment at [574] 235-9254 prior to nicking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, s/Linda M. Martin, Clerk GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR