HomeMy WebLinkAbout20-20 Howard Corby South Bend Ave Vacation OrdinanceMAY n 6 2020
vanch, "arrne�r associates, Inc.
Land Surveyors Professional Engineers
Landscape Architects Land Planners
Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4009
1643 Commerce Drive a South Bend, IN 46628
Honorable Members of the City of
South Bend Common Council
41' Floor County -City Building
South Bend, Indiana 46601
April 27, 2020
RE: Street Vacation — East End of Corby Blvd., West of South Bend Ave., Portions of former
Eddy St. and South Bend Ave. Right -of -Ways and covering the Existing Cul -de -Sac North of
Corby Blvd. and; South Side of Howard St. near the Intersection of South Bend Ave., a
Triangular Piece of Right -of -Way within the Limits of Old South Bend Ave., South Bend,
Indiana.
Dear Council Members:
On behalf of our clients we are requesting the Vacation of a portion of the Public Streets
known as South Bend Avenue, Corby Blvd. and Howard Street more specifically described as:
East End of Corby Blvd. West of South Bend Ave., Portions of former Eddy St. and South Bend
Ave. Right -of -Ways and covering the Existing Cul -de -Sac North of Corby Blvd. and; South Side
of Howard St. near the Intersection of South Bend Ave., a Triangular Piece of Right -of -Way
within the Limits of Old South Bend Ave., South Bend, Indiana.
The reason for this request is to allow for the future development of property adjacent to the
proposed vacated streets.
If you have any questions concerning this matter, please feel free to give me a call at 234-
4003.
Sincerely,
lffc%acl t7 i9ard
Michael J. Danch
President
Danch, Harrier & Associates
File No. 200104
MAY o 6 2020
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
East End of Corby Blvd., West of South Bend Ave., Portions of former Eddy St. and South Bend
Ave. Right -of -Ways and Covering the Existing Cul -de -Sac North of Corby Blvd. and; South
Side of Howard St. near the Intersection of South Bend Ave., a Triangular Piece of Right -of -
Way within the Limits of Old South Bend Ave., 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 1. 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 Corby Blvd., West of South Bend Ave., Portions of former Eddy St. and South
Bend Ave. Right -of -Ways and Covering the Existing Cul -de -Sac North of Corby Blvd. and;
South Side of Howard St. near the Intersection of South Bend Ave., a Triangular Piece of Right -
of -Way within the Limits of Old South Bend Ave., South Bend, Indiana, described as follows:
TRACT I: (HOWARD STREET PARTIAL VACATION LEGAL)
PART OF THE WEST HALF OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST,
CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND
BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTH
MOST POINT OF LOT 2 OF THE RECORDED PLAT OF FIVE CORNERS MINOR
SUBDIVISION AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH
COUNTY, INDIANA; THENCE SOUTH 43°53'00" EAST ALONG THE NORTHERLY LINE
OF SAID LOT, A DISTANCE OF 24.17 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 33046'01" WEST, A DISTANCE OF 49.07 FEET; THENCE SOUTH 54°43'56"
WEST, A DISTANCE OF 51.35 FEET; THENCE SOUTH 52°43'11" WEST, A DISTANCE
OF 18.41 FEET TO THE POINT OF BEGINNING.
CONTAINING 450.79 SQUARE FEET, 0.01 ACRES MORE OR LESS.
TRACT 11: (CORBY BLVD. AND SOUTH BEND AVENUE PARTIAL VACATION LEGAL)
PART THE EAST HALF OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST AND
WEST HALF OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH
BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE
PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF LOT
I OF THE RECORDED PLAT OF FIVE CORNERS MINOR SUBDIVISION AS RECORDED IN
THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE
NORTH 00046'16" WEST, A DISTANCE OF 33.55 FEET TO THE CENTERLINE OF
CORBY BLVD.; THENCE NORTH 60'18'49" WEST, A DISTANCE OF 81.38 FEET TO THE
NORTH RIGHT-OF-WAY LINE OF CORBY BLVD.; THENCE ALONG THE RIGHT-OF-
WAY LINE OF CORBY BLVD., AND SOUTH BEND AVENUE FOR THE NEXT NINE (9)
COURSES NORTH 89013'44" EAST, A DISTANCE OF 84.05 FEET, AND NORTH 50°02'31 "
EAST, A DISTANCE OF 75.29 FEET, AND SOUTH 68°06'54" EAST, A DISTANCE OF
57.43 FEET, AND NORTH 50°40'39" EAST, A DISTANCE OF 29.22 FEET, AND SOUTH
00°34'15" EAST, A DISTANCE OF 45.88 FEET, AND SOUTH 32°40'55" WEST, A
DISTANCE OF 47.38 FEET, AND SOUTH 66033'35" WEST, A DISTANCE OF 43.53 FEET,
AND SOUTH 00012'13" EAST, A DISTANCE OF 16.78 FEET, AND SOUTH 89-13,44"
WEST, A DISTANCE OF 81.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 14256.88 SQUARE FEET, 0.33 ACRES MORE OR LESS.
hereby determines that it is desirable to vacate said property.
SECTION I1. 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:
18-5106-3747 18-5098-3483 18-5094-3313 18-5094-3311 18-5030-108505 18-5030-1085
18-5030-108502 18-5030-107803 18-5030-108501 18-5030-1084 18-5106-3738 18-5106-3745
18-5106-3740 18-5087-308201 18-5098-3456 18-5099-3517 18-5094-3322 18-5094-3323
18-5030-108503 18-5030-1086
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/ALLEYS)
To the Common Council Date: 4-27-20
of the City of South Bend, Indiana
We, the undersigned property owner(s), petition you to vacate:
1). East End of Corby Blvd., West of South Bend Ave., Portions of former Eddy St. and South
Bend Ave. Right -of -Ways and Covering the Existing Cul -de -Sac North of Corby Blvd. and;
South Side of Howard St. near the Intersection of South Bend Ave., a Triangular Piece of Right -
of -Way within the Limits of Old South Bend Ave., South Bend, Indiana.
Tax Key Numbers owned by the Petitioners:
18-5106-3747 18-5098-3483 18-5094-3313
NAME (signed & printed) & ADDRESS
/For — Unidersilty ofriotre Dame Du Lac
Notre Dame, Indiana 46556
- - 57f -631-3050
Z-. AA;c A,,e! �+(a
_9,ve CfiT, 11 Faivff� SP r✓icCS
Office of the City Clerk
Dawn M. Jones, MPA, City Clerk
Room 455 -County -City Building
South Bend, IN 46601
574-235-9221
18-5094-3311 18-5030-108505 18-5030-1085
For — Five Corners LLC
814 Marietta Street
South Bend, Indiana
574-233-1296
CONTACT PERSON NAME:
Michael J. Danch
Danch, Hamer & Associates, Inc.
1643 Commerce Drive
South Bend, Indiana 46628
e-mail: mdanch@danchharner.com
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
To the Common Council Date: 4-27-20
of the City of South Bend, Indiana
We, the undersigned property owner(s), petition you to vacate:
1). East End of Corby Blvd., West of South Bend Ave., Portions of former Eddy St. and South
Bend Ave. Right -of -Ways and Covering the Existing Cul -de -Sac North of Corby Blvd. and;
South Side of Howard St. near the Intersection of South Bend Ave., a Triangular Piece of Right -
of -Way within the Limits of Old South Bend Ave., South Bend, Indiana.
Tax Key Numbers owned by the Petitioners:
18-5106-3747 18-5098-3483 18-5094-3313
NAME (signed & printed) & ADDRESS
For — University of Notre Dame Du Lac
724 Grace Hall
Notre Dame, Indiana 46556
574-631-3903
Office of the City Clerk
Dawn M. Jones, MPA, City Clerk
Room 455 -County -City Building
South Bend, IN 46601
574-235-9221
18-5094-3311 18-5030-108505 18-5030-1085
dA e -l-,
For — Five Corners LIC
814 Marietta Street
South Bend, Indiana
574-233-1296
CONTACT PERSON NAME:
Michael J. Danch
Danch, Hamer & Associates, Inc.
1643 Commerce Drive
South Bend, Indiana 46628
e-mail: mdanch@danchharner.com
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
thalsey@_1dtepgglty.co
CITY OF SOUTH BEND .TAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
April 28, 2020
PHONE 574/235-9251
FAX 574/235-9171
RE: Street Vacations — Preliminary Review
- East End of Corby St., West of South Bend Ave., Portions of former Eddy St. and South Bend Ave. Right -
of -Ways and covering the Existing Cul -de -Sac North of Corby and;
- South Side of Howard St. near the Intersection with South Bend Ave. (a Triangular Piece of Right -
of -Way within the Limits of Old South Bend Ave.)
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 give Howard St. and SR 23 a favorable recommendation contingent upon the area
being within the City's ROW; and Corby St. and South Bend Ave. a favorable recommendation contingent
upon the owner committing to provide public access easements around the east side of Corby and the South
Bend Ave. intersection, and proceeding with immediate vacation of the southern portion of Corby west of
South Bend Ave.
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 these streets
subject to the above contingencies of the Engineering Department.
Please contact Permit Department at [574] 235-9254 prior to picking 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