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Home My WebLink About9437-03 Vacation - Easement Washington St., Michigan Street, St. Joseph St.,ORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana July 28, 20 03 Attest: Attest: ~~ Presented by me to the Mayor oft/ae City of South Bend, Indimia July 29, 20 03 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me July 30 20 03 ~~~ ~~ Mayrn ORDINANCE NO. ~ ~ J ~ ~ ~3 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PUBLIC INGRESS/EGRESS EASEMENT TO BE VACATED IS THE FIRST EAST/WEST EASEMENT SOUTH (APPROXIMATELY 177 FEET) OF WASHINGTON STREET FROM MICHIGAN STREET EAST TO ST. JOSEPH STREET FOR A DISTANCE OF 333.70 FEET, MORE OR LESS, AND WIDTH OF 30 FEET. SAID EASEMENT BEING PART OF HALL OF FAME REPEAT OF LOT 5, RIVER BEND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT Purseant 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 PUBLIC INGRESS/EGRESS EASEMENT TO BE VACATED IS THE FIRST EAST/WEST EASEMENT SOUTH (APPROXIMATELY 177 FEET) OF WASHINGTON STREET FROM MICHIGAN STREET EAST TO ST. JOSEPH STREET FOR A DISTANCE OF 333.70 FEET, MORE OR LESS, AND WIDTH OF 30 FEET. SAID EASEMENT BEING PART OF HALL OF FAME REPEAT OF LOT 5, RIVER BEND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 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 may be injuriously or beneficially affected by such vacating: LOT "A" OF THE PLAT OF "HALL OF FAME REPEAT OF LOT 5, RIVER BEND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA." LOTS #38 & #43 OF THE ORIGINAL PLAT OF THE TOWN, (NOW CITY) OF SOUTH BEND" 2 SECTION IV. The purpose of the vacation of the real property is to allow for the addition to an existing building located on Michigan Street. The addition will cross the proposed vacated Pubic Ingress & Egress Easement which runs from Michigan Street on the West to St. Joseph Street on the East. 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. Me er of the Common C uncil 1st READING ~'~ ~ y~ ~3 PUBLIC HEARING. -j -Lg-O j 3rd READING `~ ~La'_p3 NOT APPROVED REFERRED PASSED "~ -L~~ O3 1=ilet~ in Clerk's ®fgic~ J U L Q ~ 2003 ~,OAGTYA J. DUDA CITY CLERK, ~. DEhID, {v'd. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL N~_ 50-03 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PUBLIC INGRESS/EGRESS EASEMENT TO BE VACATED IS THE FIRST EAST/WEST EASEMENT SOUTH (APPROXIMATELY 177 FEET) OF WASHINGTON STREET FROM MICHIGAN STREET EAST TO ST. JOSEPH STREET FOR A DISTANCE OF 333.70 FEET, MORE OR LESS, AND WIDTH OF 30 FEET. SAID EASEMENT BEING PART OF HALL OF FAME REPEAT OF LOT 5, RIVER BEND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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. Karl King Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: JUNE 25, 2003 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE 30 FT. WIDE PUBLIC INGRESS & EGRESS EASEMENT DESCRIBED AS: THE PUBLIC INGRESS/EGRESS EASEMENT TO BE VACATED IS THE FIRST EAST/WEST EASEMENT SOUTH (APPROXIMATELY 177 FEET) OF WASHINGTON STREET FROM MICHIGAN STREET EAST TO ST. JOSEPH STREET FOR A DISTANCE OF 333.70 FEET, MORE OR LESS, AND WIDTH OF 30 FEET. SAID EASEMENT BEING PART OF HALL OF FAME RE PLAT OF LOT 5, RIVER BEND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. B. THE STREET DESCRIBED AS: NAME (signed & printed) & ADDRESS LOT # City of South Bend for the Lot # 43 of the Original Use and benefit of its Department Plat of The Town (Now City) of Redevelopment of South Bend 1200 County-City Building South Bend, Indiana 46601 if~~ Don Inks - For City of South Bend South Bend Redevelopment Authority Lot "A" of the Hall of Fame 1200 County-City Building Replat of Lot 5, River Bend South Bend, Indiana 46601 Addition to the City of South Bend -r1~ Do Inks - For South Bend Redevelopment Authority Parking Facilities of South Bend 6u' Floor First Bank Building South Bend, Indiana 46601 Lot # 38 of the Original Plat of The Town (Now City) of South Bend i'ii~d in Cleri~'~ ®f~ice J U L n ? 2003 tORE:17A J. DUDA CITY CLERK, SO. a~D, IPd. 2 CONTACT PERSON (S) NAME: Danch, Harner & Associates, Inc. RETURN TO: 2422 Viridian Drive, Suite 201 OFFICE OF THE CITY CLERK South Bend, Indiana 46628 LORETTA J. DUDA, CITY CLERK (574) 234-4003 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 ~Ited Ire Clerk's ®fg~ce ~ u ~ n ? zoo3 LURETTA J. DUDA CITY CLERK. SO.OEN0,13~L ~.~ of SOWN ENO ~ OR SO 4 3 18 R150' WASHINGTON ST. B REp~.p`~ j s o E M F P ~ ~ S 177' ~ OF Np,L LOT A = oa ~ y Q ~ o ~ 30' W ~ ~ 333.70' ~ ~sQ z ~ ~~ =2 Q ~~ ~~ ~ 43 OF F- Q~ = WN ~ ~ ~ p 42 P~ ~ 8 N 39 V N \G\N o m~ ~ SO OR LEGAL DESCRIPTION: The public Ingress/Egress easement to be vacated is the first East/West easement South (approximately 177 feet) of Washington Street from Michigan Street East to St. Joseph Street for a distance o f 333.70 feet, more or less, and width of 30 feet. Said easement -being part of Hall of Fame Replat of Lot 5, River Bend Addition to the City of South Bend, St. Joseph County, Indiana. ~~~~d in C~er~~°~ ®f~tc~ J U L ~ ~ 2003 LORET'i"A J. DUDA C{7Y CLERlt, SO. f3EtaD, G~. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 4G601-1830 PHONE 574/235-9251 FAx 574/235-9171 TDD 574/ 235-55G7 CITY OF SOUTH BEND STEPHEN J. LtrECxE, MAYOR BOARD OF PUBLIC WORKS July 24, 2003 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Property Vacation Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation, subject to the following conditions, is being submitted to the Common Council concerning a property vacation on the following: First east/west easement south of Washington Street from Michigan Street east to S. Joseph Street for a distance of 333.70 feet, more or less, and a width of 30 feet. Said easement being part of the Hall of Fame Replat of Lot 5, River Bend Addition to the City of South Bend, St. Joseph County, Indiana. Favorable recommendations from the Area Plan Commission, Police Department, Fire Department, Sanitation, Community and Economic Development, Legal Department and the Department of Public Works have been received. Area plan stated this public ingress/egress easement be vacated subject to any utility easements that are necessary. The Board of Public Works submits to you a favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. erely, ~ ~ ~,( G(-(:GY/ gella aco , CI Attachments Rosemary Mandrici, Assessor's Office Melinda Stopcrynski, Auditor's Office ._,_~. - ---~-.....p. I~l1~Gi' ~~~ ~.~/l~ira .~-~ 'a. it ~~~,. J U L 2 3 X003 ~ to~~-r~,~. uu~~ Cl'ilf CLEFN~„ Sq,1' ~€~p, ii', INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, 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: Alley Vacation DATE: July 10, 2003 - ~ I ~ cCC3 ~~v- I would appreciate receiving your comments and recommendation concerning this vacation no later than July 23, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: BY: ~'e.~- DATE: 7-- - `f '~ ~~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, 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~~~ 4 RE: Alley Vacation DATE: July 10, 2003 I would appreciate receiving your comments and recommendation concerning this vacation no later than July 23, 2003. Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: ~~i f r .~ ;., , ~t ~.-~ l~ L, L. y ~s~ ~ 3h ~1 ~ tir n ~/1 ~ •r~ 1 '1~~ i' { ~{r.,~ ~J.n, ~ n i 6 ~ ~ ~ ~ ~E 9 ~- h / f~ n~ h (h ~ ~ f~~ - BY:~;~ ~~-s~r~,~r~.~ DATE: ?' / j,'f / ~ 3 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, 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: Alley Vacation DATE: July 10, 2003 I would appreciate receiving your comments and recommendation concerning this vacation no later than July 23, 2003. Thank you for your cooperation. BY: ~ ~ DATE: ~ `~ 1 ~`~ CS~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, 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: Alley Vacation ``~e~~ DATE: July 10, 2003 I would appreciate receiving your comments and recommendation concerning this vacation no later than July 23, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: BY: TE: ~I~- 03 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Community & Economic Development Bob Mathia, Community & Economic Development Howard Buchanon, Fire Department Jack Diflon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation `kJ DATE: July 70, 2003 I would appreciate receiving yourcomments and recommendation concerning this vacation no later than July 23, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: ~, _ _ 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 July 21, 2003 The Board of Public Works 13`t' Floor, County-City Building South Bend, Indiana 46601 ( ~ ~ i 11i.~~ RE: Public Ingress/Egress Easement Vacation -The first East/West easement approximately 177' South of Washington Street from Michigan Street East to St. Joseph Street for a distance of approximately 333.7', more or less, and a with of 30'. 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 recommends this public ingress/egress easement be vacated subject to any utility easements that are necessary. Sincerely, Cu/h V,11 Andrew Videkovich Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana