HomeMy WebLinkAbout10719-20 St Vincent Georgiana Vacation Ordinance (Kite) ORDINANCE No . 10719.20
Passed by the Common Council of the City of South Bend, Indiana
May 26, 20 20
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Attest: V City Clerk
Dawn M. Jones
Attest: _ �� President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 26, 20 20
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City Clerk
Dawn M. Jones
Approved and signed by me 11 ("r Zq 20 k 0
PUL. Mayor
United States of America
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JOSEPH COUNTY
ASSESSOR
Certificate
STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss:
I, Kareemah Fowler, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby
certify that the attached and foregoing is a full, true, and correct copy of
ORDINANCE 10719-20
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
EAST END OF SAINT VINCENT, 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.
PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, MAY 26, 2020.
PRESENTED TO, APPROVED AND SIGNED BY MAYOR JAMES MUELLER,
MAY 28, 2020.
ATTEST: TIM SCOTT, PRESIDENT OF THE COMMON COUNCIL
ATTEST: DAWN M.JONES, CITY CLERK ��c�1E ;, 18/,9
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the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph
County, Indiana.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City
of South Bend, St. Joseph County, Indiana, this 2"'° day of .1u•3e 20 1
IJA " N_ JONES
Clerk of the City of South Bend
St. Joseph County, Indiana
By: /r.l‘a—
Deputy
Filed in Clerk's Office
MAY
BILL NO. 19-20
f16 2020
DAWN M.JONES
ORDINANCE NO. 10719-20 CITY CLERK,SOUTH BEND, IN
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 11, 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 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 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.
Tim Scott, si en
South Bend Common Council
Attest:
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Dawn M. Jones, Cit Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of , 2020, at o'clock m.
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Dawn M. Jones, City Cler
Approved and signed by me on the co day of Ih 7'r , 2020, at 1 o'clock
m. /
James eller, Mayor, City of South Bend
30 S.MERIDIAN STREET
SUITE 1100 MAY n 6 2020
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
41
KITE
REALTY GROUP
Dear Council Members:
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,
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Tony Halsey, P.E.
Kite Realty Group
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1316 COUNTY-CITY BUILDINGV -= tl PHONE 574/235-9251
227 W.JEFFERSON BOULEVARD W - FAX 574/235-9171
SOUTH BEND,INDIANA 46601-1830 %,\ �+
1865
CITY OF SOUTH BEND JAMES MUELLER,MAYOR
BOARD OF PUBLIC WORKS
April 28, 2020
Mr. Tony Halsey
Kite Realty Group
30 South Meridian St.
Indianapolis, IN 46204
thalsey(a,kiterealty.com
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 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