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Home My WebLink About8350-93 Vacating - West old cleveland Rd from the east Right-of-way line of the U.S.#1 Bypass V ORDINANCE No. 8350-93 Passed by the Common Council of the City of South Bend, Indiana. February 8, 93 r9 Attest: / City Clerk IRENE K. GAMMON Attest: 401 ��. i President of Common Council I Presented by me to the Mayor of the City of South Bend, Indiana__ February 9, 93 r9 City Clerk IRENE K. GAMMON Approved and signed by me I 1 19 q - Mayor ORDINANCE NO. go,3 s o - 9 3 AN ORDINANCE OF THE COMMON COUNCIL. OF THE CITY OF SOUTH BEND, INDIANA, VACATING WEST OLD CLEVELAND ROAD FROM THE EAST RIGHT-OF-WAY LINE OF THE U.S. 31 BYPASS TO THE WEST RIGHT-OF-WAY LINE OF NORTH MAYFLOWER ROAD 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 South Bend. Redevelopment Authority and St. Joseph County Airport Authority, owners of the certain property have petitioned the Common Council to vacate a certain public right-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 South. Bend Redevelopment Authority and St. Joseph County Airport Authority to vacate the following described right-of-way in South Bend, St. Joseph County, Indiana: A part of the Southeast quarter (SE 1/4) of Section. 19, a part of the Northwest Quarter (NW 1/4) and a part of the Southwest Quarter. (SW 1/4) of Section. 20, a part of the Northwest Quarter (NW 1/4) of Section 29, and a part of the Northeast. Quarter (NE 1/4) of Section 30 all in Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, more particularly described as follows: The street to be vacated is described as W. Old Cleveland Road from the east right-of-way line of the U.S. 31 Bypass to the west right-of-way line of North. Mayflower Road, 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, 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, owned by the indicated parties, may be beneficially affected by such vacation: Name & Address Legal Description South Bend Redevelopment Authority W 10.46 ACS TH PT S 1/2. SE 1200 County-City Building SEC 19-38-2E LYG E OF E LN South Bend, Indiana 466.01 SOUTH BEND BYP - ` . 4 E SE SE 1/4 EX S END SEC 19 38 2E 18.57 AC. KEY NO. 25 1017 061201 W SW 1/4 EX SE COR & NW COR 71..7 AC & 1.79 AC MID PT S END NW 1/4 SEC 20 38 2E & 2.46 AC E END NE SE SEC 19 38 2E TOTAL 75.95 AC KEY NO. 25 1018 0622. 7 .976 AC SE. COR SW SW & E SW 74.6 AC EX NE COR TO TOLL. RD ALSO A .8. AC TRACT SW CORNER SE NW TOTAL 83.376: AC SEC 20-38-2E KEY NO. 25 1018 0.62401 W NW NW EX 11' S END 29 38 2E 19.83 AC KEY NO. 25 1019 0632 15.4 AC W OF BUTTERNUT RD E 1/2 NW EX. PARTS SOLD NW SEC 29-38-2E & E 1/2. VAC BUTTERNUT RD ORD 8256-92 KEY NO. 25 101.9 031002 ANNEXED FROM 04-1019-031002 St. Joseph County Airport Authority 1.39 AC BEG 21.5' S OF NE COR 4477 Terminal Drive W 1/2 NE SEC 30-38-2E South Bend, IN 46628 KEY NO. 2.5 1020 065001 W 120 AC. SE. EX 5.837 AC NW COR SEC 20-38-2E KEY NO. 25 1018 0628 W 1/2 NE SEC 29-38-2E. 80 AC KEY NO. 25 1019-0636 E NE EX 4.105 AC N SIDE TO STATE. SEC 30 38 2e 75.895 AC KEY NO. 25 1020 0650 Section IV. The purpose of the vacation of said right-of-way is to allow for the redevelopment of the above-referenced property which property abuts said right-of-way. 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. Adopted this ?-#0.- day of , 1993. M-mbe , Cols. Council ,d U T ree. • City of South Bend iN a� Joseph E. Kernan, Mayor -73 Department of Economic Development Jon R. Hunt Ann E. Kolata Executive Director Deputy Executive Director January 6, 1993 Mr. Stephen Luecke, President South Bend Common Council 4th Floor, County-City Building South Bend, Indiana 46601 Re: An Ordinance Vacating a Portion of Old Cleveland Road Dear M . • I am attaching for filing an Ordinance vacating that portion of Old Cleveland Road between the U.S. 31 Bypass and Mayflower Road, along with the Petition of the South Bend Redevelopment Authority and St. Joseph County Airport Authority requesting the vacation. As noted in the Petition, the purpose of the vacation is to allow for the redevelopment of the adjacent property. Favorable action by the Council on this ordinance is respectfully requested. Sincerely, J n R. Hunt xecutive Director JRH:cp Attachment 1200 County-City Building • South Bend, Indiana 46601 • 219/235-9371 Fax 219/235-9021 Redevelopment Business Assistance Housing Rehabilitation CDBG Program & Planning & Ann Kolata & Development Kathryn Baumgartner Financial Management Neighborhood Development 235-9371 Donald Inks 521 Eclipse Place Elizabeth Leonard Pamela Meyer 235-9335 235-9475 235-9335 235-9449 v PETITION TO VACATE PUBLIC RIGHT-OF-WAY To: The Common Council of the Date: City of South Bend, Indiana The South Bend Redevelopment Authority and St. Joseph. County. Airport Authority, owners of those parcels of property as identified below, which property abutts the following-described right-of-way, PETITION the Common Council of the City of South Bend, Indiana to VACATE the PUBLIC STREET described as: A part of the. Southeast quarter (SE 1/4) of Section 19, a part of the Northwest Quarter (NW 1/4) and a part of the Southwest Quarter (SW 1/4) of Section 20, a part of the Northwest Quarter (NW 1/4) of Section 29, and a part of the Northeast Quarter (NE 1/4) of Section 30 all in Township 38 North, Range. 2 East, German Township, St. Joseph County, Indiana, more particularly described as follows: The street to be vacated, is described as. W. Old Cleveland Road from the east right-of-way line of the U.S. 31 Bypass to the west right-of-way line of North Mayflower Road. The petitioned vacation is proposed in order to allow redevelopment of the property listed. below. The following properties with respective owners noted, are situated within one hundred fifty feet. (150' ) of the exterior boundaries of the street petitioned to be. vacated.: Name & Address Legal Description South Bend Redevelopment Auth. W 10.46 ACS TH PT S 1/2 SE 1200 County-City Building. SEC 19-38-2E LYG. E. OF E LN South Bend, Indiana 46601 SOUTH BEND BYP KEY NO. 25 1017 061006 W 1/2 SE SE 1/4 EX 3 AC W SIDE EX 1. 826 AC S SD TO STATE & EX .22 AC NW COR TO STATE, SEC 19 38 2E 14.698 AC KEY NO. 25 1017 0612 E SE SE 1/4 EX S END SEC 19 38 2E 18.57 AC KEY NO. 25 1017 061201 W SW 1/4 EX SE COR & NW COR 71.7 AC & 1.79 AC MID PT S END NW 1/4 SEC 20 38 2E. & 2.46 AC E END NE. SE. SEC 19 38 2E TOTAL. 75.95 AC KEY NO. 25 1018 0622 7.976 AC SE COR SW SW & E SW 74.6 AC EX NE COR TO TOLL RD ALSO A .8 AC TRACT SW CORNER SE NW TOTAL 83.376 AC SEC 20-38-2E KEY NO. 25 1018 062401 . . 15.4 AC W OF BUTTERNUT RD E 1/2 NW EX PARTS SOLD NW SEC 29-38-2E & E 1/2 VAC BUTTERNUT RD ORD 8256-92 KEY NO. 25 1019 031002 ANNEXED FROM 04-1019-031002. St. Joseph County Airport Authority 1.39 AC BEG 215' S OF NE COR 4477 Terminal Drive W 1/2 NE SEC 30-38-2E South Bend., IN 4662:8 KEY NO. 25 1020 06.5001. W 120 AC SE EX 5.837 AC NW COR SEC 20-38-2E KEY NO. 25 1018 062.8 W 1/2 NE SEC 29-38-2E 80 AC KEY NO. 25 1019-0636 E NE. EX. 4.105 AC N SIDE. TO STATE SEC 30 38 2e 75.895 AC. KEY NO. 25 1020 0650 SOUTH BEND REDEVELOPMENT AUTHORITY: / / idc By.By11444 L4 Y Jjsep 1 'robl.e;ski, President \4 t: ST. JOSEPH COUNTY AIRPORT AUTHORITY By: 44,1/9 ,4 Title: ri= eArs1 Attest: n II, a Irene Gammon Contact Person: City Clerk Ann E. Kolata.. Room 455 1200 County-City Building County-City Building South Bend, Indiana 46601 South. Bend., Indiana 46601 ( 219) 284-9371 .Board of Public Woxks' . . 1316 County-City Bldg. South Bend, IN 46601 Street Vacation A part of the Southeast quarter (SE 1/4) of Section 19, a part of ) the Northwest Quarter (NW 1/4) and a part of the Southwest Quarter i (SW 1/4) of Section 20, a part of the Northwest Quarter (NW 1/4) of Section 29, and a part of the Northeast Quarter (NE 1/4) of Section 30 all in Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, more particularly described as follows: The street to be vacated is described as W. Old Cleveland Rd. from the east right-of-way line of the U.S. 31 Bypass to the west right- of-way line of N. Mayflower Rd. X „.,� Z Q ° 9.50 53213 'L" >0. �..r Ivly �,,,1 !'►� • .4 r A . sus boa ' 264: � • Q L � 0-107 . ' 4P 74 V ♦ 136 !" • °6-060606 YZ 2 Q M 20608.05 4 A 30006' n9+R �07e$ • 370 • 34.04 510 400 BO a 90 RD. /NO/ANA EAST-WEST TOLL I-BO B 90 36u 1 %y 11 d9j't 4/2 N I 2.0 tl tl I�I / a h In 'A• 0 I 0 S • .I O - 1•7.31 49 �.' ,, q(5-1018 Z5%1018,-O�Zg .0..3 I 1 0 1 P1.0622 0624.01 • 1 1 Pt 7595 1 83.376 o I 0612 1 i -�., to 14.696 0612.01 1 2 0610 m ; 25-�I017 18.57 t aes J 0610.06 T I I et 51.532 �` � 10.46 I 1°- ._ 10. I"' la IQ O N$ I .7 373 = • ftmnmt##rr Road cQin flit Mount= Qlouu it of the Q Ug of£Poutli find): Your Committee of the Whole to whom was referred BILL NO. 1-93 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING WEST OLD CLEVELAND ROAD FROM THE EAST RIGHT-OF-WAY LINE OF THE U.S. 31 BYPASS TO THE WEST RIGHT-OF-WAY LINE OF NORTH MAYFLOWER ROAD. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Thomas Zakrzewski Chairman . . . r SpUTH.�\\\�1� i xo7 s...III/7„.d'111�� } -� \'�/%/ - City of South Bend q� v .,, , is /,l y>',,, - - )/.:'.?a Joseph E. Kernan, Mayor floe, -•1865 `_a} Board of Public Works January 19 , 1993 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: PETITION TO VACATE WEST OLD CLEVELAND ROAD FROM THE EAST RIGHT-OF-WAY LINE OF THE U.S. 31 BYPASS TO THE WEST RIGHT-OF-WAY LINE OF NORTH MAYFLOWER ROAD 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 Ordinance as filed by Mr. Jon R. Hunt, Executive Director, Department of Economic Development, 1200 County-City Building, South Bend, Indiana, to vacate the following property: A part of the Southeast Quarter (SE 1/4) of Section 19 , a part of the Northwest Quarter (NW 1/4) and a part of the Southwest Quarter (SW 1/4 ) of Section 20 , a part of the Northwest Quarter (NW 1/4) of Section 29, and a part of the Northeast Quarter (NE 1/4) of Section 30 all in Township 38 North, Range 2 East, German Town- ship, St. Joseph County, Indiana, more particularly described as follows: The street to be vacated is described as West Old Cleveland Road from the east right-of-way line of the U.S. 31 Bypass to the west right- of-way line of North Mayflower Road. For your information, the Board of Public Works received favorable recommendations from the Police Department, Fire Department, Area Plan Commission, Department of Economic Development and the Division of Engineering concerning this vacation. Copies of the recommendations received from these departments are attached for your review. 1308 County-City Building South Bend, Indiana 46601 219/284-9412 John E. Leszczynski James R. Caldwell Mary H. Mueller • MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS January 19, 1993 Page -2- Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, BOARD OF PUBLIC WORKS P(Akiw Sandra M. Parmerlee, Clerk smp Enc. • AREA PLAN - COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 January 14, 1993 The Board of Public Works 13th Floor, County-City Building South Bend, IN 46601 RE: Petition to vacate the West Old Cleveland Road from the east right-of-way line of the U.S. 31 BBypass to the west right-of-way line of North Mayflower Road Dear Board Members: The Staff has reviewed this petition relative to IC 36-7-3-13. It is the Staff 's opinion that : (1) 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. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient . (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The Staff would recommend that this right-of-way be vacated, and subject to any utility easements that may be required. Sincerely, jailiDLOVILJ . . Scott Kugler Aj Planner . 4,._3zy., __7,, (5 SK:sr A •. . �,t • D 4 I. GuLIA-PioAd 1 ail.o., .,.71 093 k .o 617 1.)P 3P 5. �' c' sodo ' Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. .Joseph County, IN