HomeMy WebLinkAbout9517-04 Vacation - Street - Angela, Notre Dame Ave, Eddy StORDINANCE No. ss,~-oa
Passed by the Common Council of the City of Soutlt Bend, Indiana
July 26,
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
July 27, 20 04
JOHN
Approved and signed by me July 2s, 20 04
' ~
20 04
City Clerk
esident of Common Council
City Clerk
Mayer
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ORDINANCE NO. q S I ~ -n~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST STREET TO BE VACATED IS THE SOUTH HALF OF THE ANGELA
BLVD. RIGHT OF WAY FROM NOTRE DAME AVENUE, EAST FOR A
DISTANCE OF 930 FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY LINE
OF EDDY STREET AND A WIDTH OF 40 FEET. BECAUSE THE CITY LIMIT
LINE GOES DOWN THE CENTERLINE OF ANGELA BLVD THE VACATION
WILL BE FOR THE SOUTH HALF OF THE RIGHT OF WAY ONLY.
THE SECOND STREET TO BE VACATED IS THE WEST HALF OF THE EDDY
STREET RIGHT OF WAY FROM ANGELA BLVD. SOUTH A DISTANCE OF 380
FEET, MORE OR LESS, TO THE NORTH RIGHT OF WAY LINE OF ANGELA
BLVD. EXTENDED FROM NOTRE DAME AVENUE AND A WIDTH OF 35 FEET.
AGAIN BECAUSE THE CITY LIMTS LINE GOES DOWN THE CENTERLINE OF
EDDY STREET, THE VACATION WILL BE FOR THE WEST HALF OF THE
RIGHT OF WAY ONLY
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 FIRST STREET TO BE VACATED IS THE SOUTH HALF OF THE ANGELA
BLVD. RIGHT OF WAY FROM NOTRE DAME AVENUE, EAST FOR A
DISTANCE OF 930 FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY LINE
OF EDDY STREET AND A WIDTH OF 40 FEET. BECAUSE THE CITY LIMIT
LINE GOES DOWN THE CENTERLINE OF ANGELA BLVD THE VACATION
WILL BE FOR THE SOUTH HALF OF THE RIGHT OF WAY ONLY.
THE SECOND STREET TO BE VACATED IS THE WEST HALF OF THE
EDDY STREET RIGHT OF WAY FROM ANGELA BLVD. SOUTH A
DISTANCE OF 380 FEET, MORE OR LESS, TO THE NORTH RIGHT OF
WAY LINE OF ANGELA BLVD. EXTENDED FROM NOTRE DAME
AVENUE AND A WIDTH OF 35 FEET. AGAIN BECAUSE THE CITY
LIMIT LINE GOES DOWN THE CENTERLINE OF EDDY STREET, THE
VACATION WILL BE FOR THE WEST HALF OF THE RIGHT OF WAY
ONLY
hereby determines that it is desirable to vacate said property, and that the same is
vacated.
SECTION II. The City of South Bend hereby releases the rights and easements
of all utilities held by 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.
SECTION III. The following property maybe injuriously or beneficially affected
by such vacating:
The property of the University of Notre Dame abutting the public streets
which are petitioned to be vacated.
Property of the Trustees of Indiana University at the Southeast corner of
Notre Dame Avenue and Angela Street.
Property of the State of Indiana located at the Southeast corner of Notre
Dame Avenue and Angela Street.
Lots 92, 93, 94 and 95 in University Heights Subdivision.
SECTION IV. The purpose of the vacation of the streets is to:
Facilitate the development of Petitioner's campus plan, to improve traffic safety
by eliminating the S-curve between Notre Dame Avenue and Eddy Street, to facilitate the
re-alignment of Edison Road and to enhance the possibility of developing improvements
along Eddy Street as a potential mixed-use commerciaUresidential district.
SECTION V. The South half of the above described portion of Angela Blvd. and
the East half of the above described portion of Eddy Street have been vacated by action
of St. Joseph County. A condition of this vacation is that Petitioner pays the engineering
expense and expense of construction of a new road to be constructed between Notre
Dame Avenue and Ivy Road ("New Road") and that the Petitioner dedicates the New
Road and all land required for its construction to St. Joseph County prior to the effective
date of this vacation.
SECTION VI. This ordinance shall be passed by the Common Council and be in
full force and effect when passed with the effective date of the vacation being established
A
by a Resolution being promptly filed for .Council consideration by the Administration
when the New Road is accepted by the City of South Bend Engineering Department for
use by the public, setting forth a date certain for the effective date of the vacation of the
above-described portions of public streets, which Resolution shall be subject to the
approval of the Common Council and the Mayor.
SECTION VII. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Attes
C rk
Presented by me to the Mayor of the
the 2 Z~ day of ~ , 2 COy , at
ember of the Co mon Council
City of South Bend, Indiana on
~ '~ S y o'clock ~. m.
V~p~ City Clerl
Approved and signed by me on the ~~' h day of~, 2 ~~' -, at
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SBDS02 BRB 297989v3
1st READING ~ J ~L-o y
PUBLIC HEARING ~~~~~y
3 rd READING 1 _2~-~y
NOT APPROVED
REFERRED
PASSED `~ -~i~- ~
Mayor,"City of Stith Bend, Indiana
Filed In Clerk's 4fftC9
JOHN VOOROE
CITY CLERK, S0. BEND, INa
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
40-04 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST STREET TO BE VACATED IS THE SOUTH HALF OF THE ANGELA
BLVD. RIGHT OF WAY FROM NOTRE DAME AVENUE, EAST FOR A
DISTANCE OF 930 FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY
LINE OF EDDY STREET AND A WIDTH OF 40 FEET. BECAUSE THE CITY
LIMIT LINE GOES DOWN THE CENTERLINE OF ANGELA BLVD THE
VACATION WILL BE FOR THE SOUTH HALF OF THE RIGHT OF WAY
ONLY. THE SECOND STREET TO BE VACATED IS THE WEST HALF OF
THE EDDY STREET RIGHT OF WAY FROM ANGELA BLVD. SOUTH A
DISTANCE OF 380 FEET, MORE OR LESS, TO THE NORTH RIGHT OF WAY
LINE OF ANGELA BLVD. EXTENDED FROM NOTRE DAME AVENUE AND A
WIDTH OF 35 FEET. AGAIN BECAUSE THE CITY LIMITS LINE GOES
DOWN THE CENTERLINE OF EDDY STREET, THE VACATION WILL BE
FOR THE WEST HALF OF THE RIGHT OF WAY ONLY
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Sean Coleman
Chairman
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREET/ALLEYS)
TO THE COMMON COUNCIL DATE: June 29, 2004
OF THE CITY OF SOUTH BEND, INDIANA
THE UNDERSIGNED PROPERTY OWNER PETITIONS YOU TO VACATE THE
FOLLOWING ALLEYS AND STREETS:
THE FIRST STREET TO BE VACATED IS THE SOUTH HALF OF THE
ANGELA BLVD. RIGHT OF WAY FROM NOTRE DAME AVENUE, EAST
FOR A DISTANCE OF 930 FEET, MORE OR LESS, TO THE WEST RIGHT
OF WAY LINE OF EDDY STREET AND A WIDTH OF 40 FEET. BECAUSE
THE CITY LIMIT LINE GOES DOWN THE CENTERLINE OF ANGELA
BLVD THE VACATION WILL BE FOR THE SOUTH HALF OF THE RIGHT
OF WAY ONLY.
THE SECOND STREET TO BE VACATED IS THE WEST HALF OF THE
EDDY STREET RIGHT OF WAY FROM ANGELA BLVD. SOUTH A
DISTANCE OF 380 FEET, MORE OR LESS, TO THE NORTH RIGHT OF
WAY LINE OF ANGELA BLVD. EXTENDED FROM NOTRE DAME
AVENUE AND A WIDTH OF 35 FEET. AGAIN BECAUSE THE CITY
LIMIT LINE GOES DOWN THE CENTERLINE OF EDDY STREET, THE
VACATION WILL BE FOR THE WEST HALF OF THE RIGHT OF WAY
ONLY.
1. Construction of New Road. Petitioner agrees to pay the engineering expense and all
construction expense for construction of a new road ("New Road") to be constructed between
Notre Dame Avenue and Ivy Road as depicted on Exhibit "A" attached hereto and Petitioner
shall dedicate the New Road and land required for its construction to St. Joseph County prior to
the effective date of the vacation requested in this Petition.
2. Reasons for the Petition. The undersigned submits this Petition to Vacate the streets
described above in order to facilitate the development of Petitioner's campus plan, to improve
traffic safety by eliminating the S-curve between Notre Dame Avenue and Eddy Street, to
facilitate the re-alignment of Edison Road and to enhance the possibility of developing
improvements along Eddy Street as a potential mixed-use commerciaUresidential district. The
undersigned Petitioner requests approval of this Petition.
3. Names and Addresses of Owners of Property within 150 Feet of the Boundary of the
Road Proposed to be Vacated.
NAME (sued & printed) ADDRESS
UNIVERSITY OF NOTRE Notre Dame, Indiana 46556
DAME, DU LAC
TRUSTEES OF INDIANA
UNIVERSITY
STATE OF INDIANA
TERESA JERMANO
RICHARD E. AND
VIRGINIA M. LOCHNER
c/o Real Estate Department
Carmichael Center
Suite 204
530 E. Kirkwood Ave.
PROPERTY
All property located adjacent
to the public street which is
petitioned to be vacated which
is part of the University of
Notre Dame campus.
Southeast corner of Notre
Dame Avenue and Angela
Street
Bloomington, IN 47408
Department of Environmental
Management
Indiana Government Center -
North
100 N. Senate Avenue
Indianapolis, IN 46204
Southeast corner of Notre
Dame Avenue and Angela
Street
54652 Winding Brook Drive
Mishawaka, IN 46545
Lots 92 and 93 University
Heights Subdivision
1247 N. Notre Dame Avenue Lots 94 and 95 University
South Bend, IN 46617 Heights Subdivision
By: ~~
Bruce R. Bancroft and Richard J. Deahl,
Barnes & Thornburg LLP
Legal Counsel for University of Notre Dame, Du Lac
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
(574) 235-9221
CONTACT PERSON(S):
Bruce R. Bancroft, Esq.
Richard J. Deahl, Esq.
Barnes & Thornburg
100 N. Michigan Street, 6th Floor
South Bend,~Indiana 46601
(574) 233-1171
Legal Counsel for University of Notre Dame, Du Lac
SBDS02 BRB 297985v3
Filed In Clerk's Office
JUea 2 9 2004
JOHN VOORDE
CITY C4ERK, S0. BEND, tN.-
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JOHN VOORDE
CITY CLERK, S0. BEND, IN.
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131 GCOUNTY-CITY BUILDING
SOUTH BEND, INDIANA 40001-1830
PHONE 574/ 235-9251
Fnx 574/235-9171
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
July 8, 2004
RE: Street Vacation
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 following street vacation:
The first street to be vacated is the south halfofthe Angela Boulevard right ofway from Notre Dame
Avenue, east for a distance of 930 feet, more or less, to the west right of way line of Eddy Street and
a width of 40 feet. Because the City limit line goes down the centerline of Angela Boulevard the
vacation will be for the south halfofthe right of way only. The second street to be vacated is the
west halfofthe Eddy Street right of way from Angela Boulevard south a distance of 3 80 feet, more
or less, to the north right ofway line of Angela Boulevard extended from the Notre Dame Avenue
and a width of 35 feet. Again because the City limits line goes down the centerline of Eddy Street,
the vacation will be for the west halfofthe right ofway only.
The Division of Engineering, Area Plan Commission, Community & Economic Development, Fire
Department, Solid Waste, Police Department and the City Attorney's office submitted favorable
recommendations. Engineering recommended approval, subject to the construction ofthe proposed relocated
Edison Road. Area Plan Commission stated that this vacation would hinder the growth or orderly
development of the unit or neighborhood in which it is located; would make access to the lands of the
aggrieved person by means of public way difficult or inconvenient; and would hinder the use of a public ~vay
by the neighborhood in which it is located. The Board of Public Works gave a favorable recommendation
for this street vacation subject to a delayed effect based on resolution from the City Council and Mayor
concurrent with similar actions fro St. Joseph County. In addition, if the vacations are permitted, they do
so subject to any access and utility easements that may be necessary.
The Board ofPublic Works submits toyou an favorable recommendation concerning this vacation,
subject to any utility easements that may be necessary.
cerely, ~_. JJ,,,,
/1 , ~~--l,C~
nge'la \ . ac-olb, 1 rk
Board o Public Works
Rosemary Mandrici, Assessor's Office
Melinda Stopczynski, Auditor' Office
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INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: r/Carl Littrell, Engineering Department
John Byor•ni, Area Plan Commission
- Larry Magliozzi, Community & Economic Development
Bob Mathia, Community & Economic Development
Howard Buchanon, Fire Department
Jack Dillon, Solid Waste
Joe Markovich, Police Department
Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk .
RE: Street Vacation - (Angela Blvd. From Notre Dame to Eddy St. and Eddy St, from
Angela Blvd. South to proposed Edison Road)
~-
Preliminary Review
DATE: April 27, 2004
Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation.
would appreciate receiving your comments and recommendation concerning this vacation
no later than May 5, 2004. Thank you for your cooperation.
COMMENTS ~ RECOMMENDATIONS:
BY:
~ or 28 0.4 12:.56p SBPD TRRFFIC (2191235--,9308.,'.
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: Carl Littrell, Engineering Department
John Byorni, Area Plan Commission
Larry Maglioui, Community & Economic Development
Bob Mathia, Community & Economic Development
Howard Buchanon, Fire Department
J~k Dillon, Solid Waste
r/Joe Markovich, Police Department
Tom Bodnar,"City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Street Vacation - {Angela Blvd. From Notre Dame to Eddy St. and Eddy St, from
Angela Blvd. South to proposed Edison Road) "
Preliminary Review ." "
DATE: April 27, 2004
Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation.
f would appreciate receiving your comments and recommendation concerning this vacation
no later than May 5, 2004. Thank you for your cooperation.
"S & RECOMMENDATIONS;
D6_i~~o~v,c •
BY:
DATE: ( `~ ~ ~ - Q
p.i
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INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: Carl Littrell, Engineering Department
John Byorni, Area Plan Commission
~rry Magliozzi, Community & Economic Development
ob Mathia, Community & Economic Development
Howard Buchanon, Fire Department
Jack Dillon, Solid Waste 4~i~
Joe Markovich, Police Department -•-~~~~~
Tom Bodnar; City Attorney's Office -
AP~ :; ~ Z0~4 -
FROM: Angie Jacob, Clerk tiro
RE: Street Vacation - (Angela Blvd. From Notre Qame-.to Eddy~:3~.~and Eddy St, from
-, ~ .
Angela.,Blvd. South to proposed Edison Road) -. -~-- - ~.
Preliminary Review
DATE: April 27, 2004
Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation.
I would appreciate receiving your comments and recommendation concerning this vacation
no later than May 5, 2004. Thank you for your cooperation.
COMMENTS 8~ RECOMMENDATIONS:
•'.~ r ,L Gc /y5M-~ 1..! fit- /I/~ ~ ~C3n G. / f~l q u. ~ 'Y/Gn T~~~ ~i1 ~i k ~~ N~ S ~- l ..cz yi x'37 /f~T
t p; n ti ; •~t ~5 -~s-i. ~"~l C.yn. 3 7'/!I.~ G.~'i 4.h~/~ ai /~1-/~ :~t~, % a~Y~S 1'~ sL f ~3_ ~~~j ~ / S
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BY:~~,.~~ i~~ DATE: ~f ~ ~~~ ,~
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INTER-OFFICE MEMORANDUM ~~~ 2 ~ ~~~`~
BOARD OF PUBLIC WORKS
TO: Car! Littrell, Engineering Department
John Byorni, Area Plan Commission
Larry Magliozzi, Community & Economic Development
Bob Mathis, Community & Economic Development
Howard Buchanon, Fire Department
Eck Dillon, Solid Waste
Joe Markovich, Police Department
Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Street Vacation - (Angela Blvd. From Notre Dame to Eddy St. and Eddy St, from
Angela Blvd. South tp proposed Edison Road)~~
Preliminary Review
DATE: April 27, 2004
Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation.
I would appreciate receiving yourcomments and recommendation concerning this vacation
no later than May 5, 2004. Thank you for your cooperation.
COMMENTS ~ RECOMMENDATIONS:
BY: ~ DATE: S ' ~ -z~r
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~ 05/04/2004 -16:05
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5?42359305
SOUTH BEND FIRE DEPT ,' PAGE O1
INTER-OFF{CE MEMORANDUM
BOARD OF PUBLIC WORKS
TO:
FROM:
Carl Littrell, Engineering Department
John Byorni, Area Plan Commission
Larry Magliozzi, Community & Economic Development
Bob Mathis, Community 8~ Economic Development
~/t'joward Buchanon, Fire Department
Jack DiNon, Solid Waste
Joe Markovich, Police Department
Tom Bodnar, City Attorney's Office
Angie Jacob, Clerk
RE: Street Vacation - (Angela Blvd. From Notre Dame to E idy St. and Eddy St, from
Angela Bivd. South to proposed Edison Road)
Preliminary Review
DATE: April 27, 2004
Atta~:hed is a portion of the Plat Book (highlighted area) for a n :quest for an alley vacation.
~ wo,~e appreciate receiving your comments and recpmmendai on concerning this vacation
no later than May $, 2004. Thank you for your cooperation.
co--~EN~'s & RECOMMENDATIONS;
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', Area Plan Commission of St. Joseph County
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante John W. Byorni
Executive Director Assistant Director
Phone 574 235-9571 Fax 574 235-9813
May 5, 2004
The Board of Public Works
13`~ Floor, County-City Building
South Bend, Indiana 46601
RE: Right-of--way Vacation -Generally described as Angela Boulevard from
Notre Dame to Eddy Street and Eddy Street from Angela Boulevard south to
proposed Edison Road.
Dear Board Members:
The staff has revietived this petition relative to IC 36-7-3-13. It is the staff's opinion that:
(1) The vacation wozrld 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 tivozrld make access to the lands of the aggrieved person by means of public
way difficult or inconvenient.
(3) The vacation lvotrld not hinder the public's access to a church, school, or other public
building or place.
(4) The vacation tivozrld hinder the use of a public way by the neighborhood in which it is
located or to which it is contiguous.
The Staff recommends that this vacation not be effective until new right-of--ways are dedicated and the
roads are built.
Sincerely,
Ci~~t«i
Andrew Videkovich
Planner
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rte' ~
Serving South Eend, Lakeville, New Carlisle, North Libem/. Osceola, Roseland and St. Joseph County, Indiana ,~" ~~
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INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO:
FROM:
Angie Jacob, Clerk
~L~6~ ~r
NPk z 7 2004 iu
RE: Street Vacation - (Angela Blvd. From Notre Dame to Eddy St. and Eddy St, from
Angela Blvd. South to proposed Edison Road} ~ -.
Preliminary Review
DATE: April 27, 2004
Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation.
would appreciate receiving yourcomments and recommendation concerning this vacation
no later than May 5, 2004. Thank you for your cooperation.
MMENTS
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BY:
Carl Littrell, Engineering Department
john Byorni, Area Plan Commission
c~Larry Magliozzi, Community & Economic Developmen
Bob Mathia, Community & Economic Development
Howard Buchanon, Fire Department
Jack Dillon, Solid Waste
Joe Markovich, Police Department
- Tom Bodnar, City Attorney's Office
~-~ DATE: ~' J ~ d C,D
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