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Home My WebLink About9457-03 Vacation - Street - Circle, Norfolk, Western Railroad right-of-wayORDINANCE No. ~~~-03 Passed by the Common Council of the City of South Bend, Indiana October 13, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana October 14, 20 03 03 20 City Clerk President of Common Council City Clerk Approved crud signed by me October 15 20 03 Mayor ORDINANCE NO. ~ ~ .J ~ - 0~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS A PORTION OF CIRCLE AVENUE FROM THE NORFOLK AND WESTERN RAILROAD RIGHT-OF-WAY TO THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON AVENUE, FOR A DISTANCE OF 770 FEET, MORE OR LE5S, AND A WIDTH THAT VARIES FROM 15 FEET TO 80 FEET. THE SECOND STREET TO BE VACATED IS ALSO A PORTION OF CIRCLE AVENUE FROM THE PENN CENTRAL RIGHT-OF-WAY TO THE NORTH/SOUTH PORTION OF SAID CIRCLE AVENUE FOR A DISTANCE OF 400 FEET AND A WIDTH THAT VARIES FROM 20 FEET TO 35 FEET. BOTH PARTS OF SAID STREETS BEING A PART OF 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 FIRST STREET TO BE VACATED IS A PORTION OF CIRCLE AVENUE FROM THE NORFOLK AND WESTERN RAILROAD RIGHT-OF-WAY TO THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON AVENUE, FOR A DISTANCE OF 770 FEET, MORE OR LESS, AND A WIDTH THAT VARIES FROM 15 FEET TO 80 FEET. THE SECOND STREET TO BE VACATED IS ALSO A PORTION OF CIRCLE AVENUE FROM THE PENN CENTRAL RIGHT-OF-WAY TO THE NORTH/SOUTH PORTION OF SAID CIRCLE AVENUE FOR A DISTANCE OF 400 FEET AND A WIDTH THAT VARIES FROM 20 FEET TO 35 FEET. BOTH PARTS OF SAID STREETS BEING A PART OF 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: Tax Key Number 18-2001-0009.03 2 Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number 18-2001-0001 18-2001-0009 18-2001-0013.02 18-2001-0013.01 18-4096-3581.05 18-4096-3581.20 18-2002-0017.01 18-2002-0017.02 18-2002-0017.04 18-2002-0017.01 18-2002-0017 18-2002-0017.05 18-2002-0017.03 18-2002-0016 18-2002-0078 SECTION IV. The purpose of the vacation of the real property is to allow for better use of the industrial land owned by Hurwich Iron Company, Inc. and Accent Indiana, Inc. The present street configuration bisects the 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 a Comm Council 1st READING PUBLIC HEARING ~b'l3'03 3rd READING ~ Q - ~ 3 ~03 NOT APPROVED REFERRED PASSED ( ~' ~ 3 - ~3 F~l~d ~n ~l~r~:'s ~~fic CEP 0 ~ 200 I u~~a arses.-F-. P~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 74-03 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS A PORTION OF CIRCLE AVENUE FROM THE NORFOLK AND WESTERN RAILROAD RIGHT-OF-WAY TO THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON AVENUE, FOR A DISTANCE OF 770 FEET, MORE OR LESS, AND A WIDTH THAT VARIES FROM 15 FEET TO 80 FEET. THE SECOND STREET TO BE VACATED IS ALSO A PORTION OF CIRCLE AVENUE FROM THE PENN CENTRAL RIGHT-OF-WAY TO THE NORTH/SOUTH PORTION OF SAID CIRCLE AVENUE FOR A DISTANCE OF 400 FEET AND A WIDTH THAT VARIES FROM 20 FEET TO 35 FEET. BOTH PARTS OF SAID STREETS BEING A PART OF 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 DATE: AUGUST 27, 2003 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE FIRST STREET TO BE VACATED IS A PORTION OF CIRCLE AVENUE FROM THE NORFOLK AND WESTERN RAILROAD RIGHT-OF-WAY TO THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON AVENUE, FOR A DISTANCE OF 770 FEET, MORE OR LESS, AND A WIDTH THAT VARIES FROM 15 FEET TO 80 FEET. THE SECOND STREET TO BE VACATED IS ALSO A PORTION OF CIRCLE AVENUE FROM THE PENN CENTRAL RIGHT-OF-WAY TO THE NORTH/SOUTH PORTION OF SAID CIRCLE AVENUE FOR A DISTANCE OF 400 FEET AND A WIDTH THAT VARIES FROM 20 FEET TO 35 FEET. BOTH PARTS OF SAID STREETS BEING A PART OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. B. THE STREET DESCRIBED AS: NAME (signed & printed) & ADDRESS Tax Key Number Hurwich Iron Company, Inc. 18-2001-0009.03 18-2001-0009 1721 Circle Avenue 18-2001-0009 18-2001-0013.02 South Bend, Indiana 46619 18-2001-0013.02 18-2002-0017.01 18-2002-0017.02 For Hurwich I on Company, Inc. Accent Indiana, Inc. 18-2001-0017.04. 1420 South Walnut Street South Bend, Indiana 46619 For Accent Indiana, Inc. Scott Brothers Construction Co., Inc. 18-2001-0013.01 201 North College South Bend, Indiana 46628 ~~~~_ , - i~~ For Scott Brothers Construction Co., Inc. RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) CONTACT PERSON (S) • NAME Danch, Harner & Associates, Inc. 2422 Viridian Drive, Suite 201 South Bend, Indiana 46628 (574) 234-4003 235-9221 Filed In Clerls'~ C~~fiC~ SEP 0 ~ 2003 LORHTTA J. [WD.9 CITY CI.~iRK. EO. eLf tD. its, 18-2 0078 18-200 0016 18-2001 WASHINGTON AVENUE 0009.03 ~ 150' 18-2001 18-2001 18-T 0001 0009.03 0017 18-2002 J oon.os P \~G 18-2001 18 2 OOOg '001 .03 /8-2002 0017.01 18-2001 0013.02 to-zooz 16-zooz ~'o~ oonoa oon.oz 16-zoos 0013.01 18-2002 pQ~/H C 0017A1 -"'~C RR 150• 16-409 3561.os 18-4096 358120 ~t1ed to C ~~ s ~fiice r ~ Q :~ 2.003 LOa&TTA~ d N~1, 4A>. 6 ~y CIEFTK, - LEGAL DESCRIPTION: A. THE FIRST STREET TO BE VACATED IS A PORTION OF CIRCLE AVENUE FROM THE NORFOLK AND WESTERN RAILROAD RIGHT-OF-WAY TO THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON AVENUE, FOR A DISTANCE OF 770 FEET, MORE OR LESS, AND A WIDTH THAT VARIES FROM 15 FEET TO 80 FEET. THE SECOND STREET TO BE VACATED IS ALSO A PORTION OF CIRCLE AVENUE FROM THE PENN CENTRAL RIGHT-OF-WAY TO THE NORTH/SOUTH PORTION OF SAID CIRCLE AVENUE FOR A DISTANCE OF 400 FEET AND A WIDTH THAT VARIES FROM 20 FEET TO 35 FEET. BOTH PARTS OF SAID STREETS BEING A PART OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. nrvcscox o ~~ crrY o~ sovTx ~~, ~m~.arTA ~ .~1,~ ~~~'~' ~TA~A~']Cg®RT o weszsn~l~t Property Owners Within 150 Feet Scott Brothers Construction 201 N College South Bend, IN. 46628 Tax Key # 18 2001 001301 Adams Engineering Inc. 1702 W. Washington South Bend, IN. 46628 Tax Key # 18 2001 0001 Sean Pierre Trotter P.O. Box 3525 South Bend, IN. 46619 Tax Key # 18 2002 0016 George & Jeanette Urbansld 23594 State Road 23 South Bend, IN. 46614 Tax Key # 18 2002 0017 Goodwill Industries ofMichiana 1805 W Western South Bend, IN. 46619 Tax Key # 18 4096 358120 Harwich Iron Company, Inc. 1721 Circle Avenue South Bend, IN. 46619 Tax Key # 18 2001 0009 Oil Express Inc. P.O. Box 3141 South Bend, 1N. 46619 Tax Key # 18 2002 001705 Goodwill Industries of St. Joseph Co P.O. Box 3128 South Bend, 1N. 46619 Tax Key # 18 4096 358105 Harwich Iron Company, Inc. 1721 Circle Avenue South Bend, IN. 46619 Tax Key # 18 2001 0013.02 Oil Express, Inc. P.O. Box 3141 South Bend, IN. 46619 Tax Key # 18 2002 001703 Harwich Iron Company, Inc 1721 Circle Avenue South Bend, IN. 46619 Tax Key # 18 2001 0009.03 Harwich Iron Company, Inc. 1721 Circle Avenue South Bend, IN. 46619 Tax Key # 18 2002 0017.02 Harwich Iron Company, Inc. Accent Indiana, Inc. Scott Brothers Construction Co.,Inc. 1721 Circle Avenue 1420 South Walnut 201 North College South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46628 Tax Key # 18 2002 0017.01 Tax Key # 18 2001 0017.04 Tax Key # 18 2001 0013.01 Filed to Clcrls'~ ~fiice SEP 0 3 2003 LORETfA J. IIiJDh Ci7Y CLEFII~ gQ.6FffD, f;?. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECxE, MAYOR BOARD OF PUBLIC WORKS September 5, 2003 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Street Vacation Dear Members of the Council: PHONE 5741235-9251 FAx 574/235-9171 TDD 574/ 235-5567 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 a portion of Circle Avenue rom the Norfolk and western Railroad right of way to the south right of way line of Washington Avenue, for a distance of 770 feet, more or less, and a width that varies from 15 feet, more or less, and a width that varies from 15 feet to 80 feet. The second street to be vacated is also a portion of Circle Avenue from the Penn Central right of way to the north/south portion of said Circle Avenue for a distance of 400 feet and a width that varies from 20 feet to 35 feet. Both parts of said streets being a part of the City of South Bend, St. Joseph County, Indiana. 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 indicated a favorable recommendation provided the lots have common ownership and become platted to one parcel. The Grant Street vacation should be coordinated with the adjacent property owner. Community & Economic Development stated that the Circle Avenue vacation raises questions because of the proposed use and potential negative effects on the West Washington neighborhood due to noise, and provided a negative recommendation. Area Plan does not recommend that Grant Street be vacated because this would hinder access to properties along the right of way. The staff does not recommend Circle Avenue be vacated because this would completely take access away from an adjacent property. However, if the vacations are permitted, they do so subject to any access and utility easements that may be necessary. The Board ofPublic Works submits to you an favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. `merely, gela .Jacob, Clerl~/ Board of Public Works Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor' Office 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 ' ~ ~ `+ f i ~ ~C+1 Joe Markovich, Police Department .Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: June 4, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like to proceed with an alley vacation to re-do parking with side entrance to the building. Please note, petitioner owns lots on both sides of the alley. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than June16, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: l~~ r~ ~ ~~ ~ ,Ua~ BY: „~' ~ ~~Dc.~- DATE: (~ '~ d ,~ 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: June 4, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like to proceed with an alley vacation to re-do parking with side entrance to the building. Please note, petitioner owns lots on both sides of the alley. would appreciate receiving your comments and recommendation concerning this vacation no later than June16, 2003. Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: / n BY: ~, ~,~,-= DATE: L/ ~f ~ ~ ~~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission Larry Magliozzi, Community 8~ 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: June 4, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like to proceed with an alley vacation to re-do parking with side entrance to the building. Please note, petitioner owns lots on both sides of the alley. I would appreciate receiving your comments and recommendation concerning this vacation no later than June16, 2003. Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: A~n ~~ c.~~ ,ors BY: C~'~1/`'1 U Vt C _ _DATE: ~ - ~ -- a 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: June 4, 2003 Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like to proceed with an alley vacation to re-do parking with side entrance to the building. Please note, petitioner owns. lots on both sides of the alley. I would appreciate receiving your comments and recommendation concerning this vacation no later than June16, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: BY: DATE: z / ,~~, . ~ ~ ~ `~~ O ~~ / ~D> ,y' ~iLt1() /~-2_.1.~'~1L~ ,/J ~%~d~ ~ 7Z 8-'ZL' -~-~Gc INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: (;arl Littrell, Engineering Department .lohn Byomi, Area Plan Commission Larry Magliozzi, Community & Economic Deverropment I~ob Mathis, Community 8~ Economic Develop -toward Buchanon, Fire Department ,Jack Dillon, Solid Waste ,toe Markovich, Police Department 'Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Alley Vacation DATE: June 4, 2003 AttachEtd is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like to proceed with an alley vacation to re-do parking with side entrance to the building, 1 would appreciate receiving your comments and reQOa onndation concerning this vacation no later than June16, 2003. Thank you for your coop COMMENTS 8- RECOMMENDATIONS: 1~ ~ ~.~~ DATE: ~O - ~ 2-~ ~ BY: INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission fLarry 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: June 4, 2003 i ~ J it; ;. l,1fl: p ~(~f~(1LV1~ Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation. Petitioner would like to proceed with an alley vacation to re-do parking with side entrance to the building. Please note, petitioner owns lots on both sides of the alley. I would appreciate receiving your comments and recommendation concerning this vacation no later than June16, 2003. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: QbS1~~J~ CCGa•M!"~enJal1v~ foc Gfev-~ S~'. U~~c~/~~ C~r~~~. A~. U~ca~~~ rs to ~ve.s.fi~ oec~.u~-e a~ . ~'~ p ~ ~ ~ o ~ c~ use.. 4,n c~ p b }~en ~ w ~ n cs ~, fi~ mac. e~~~'s o n BY: DATE: ~ 3 d ~ ~' ~ L' ~.! ~ S ~ - i, f.; s ~ ~ n,J i'v n (1 z i~ ~1 () C1 ~ ~ ~ D ~ (~ V ~, ~ (~ D i J ~ ~ vi` CL t<~ ~ ~ fur ~~a~' (-c~.s a~ , ,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 June 17, 2003 The Board of Public Works t ~, ,~,~ ;~'f 13"' Floor, County-City Building South Bend, Indiana 46601 RE: Right-of--way Vacation -Circle Avenue from Washington Avenue to Penn Central Railroad and Grant Street from Washington to Penn Central Railroad. 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 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 does not recommend that Grant Street be vacated because this would hinder access to properties along the right-of--way. The Staff does not recommend Circle Avenue be vacated because this would completely take access away from an adjacent property. However, if the vacations are permitted, we recommend they do so subject to any access and utility easements that might be needed. Sincerely, Andrew Videkovich Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana