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Home My WebLink About9848-08 Vacation - Alley - Indiana Ave & Franklin - Stull's 1st Addition to the town of MylerORDINANCE No. a Passed by the Common Council of the City of Soutli Bend, Indiana June 23, Attest: Attest: 20 08 Presented by me to t/te Mayor of the City of Sorrtlt Bend, Indiana June 25, City Clerk Approved and signed by me June 26, 20 08 20 0 8 City Clerk President of Common Council I~(~~ Mayer ORDINANCE NO. ` ~ ~ ~~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY. APROXIMATELY 400 FEETt FROM THE NORTH LINE OF INDIANA AVENUE, AND THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, FOR A DISTANCE OF 165 FEET± AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN STULL'S 1ST ADDITION TO THE TOWN OF MYLER IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, 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: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY. APPROXIMATELY 400 FEETt FROM THE NORTH LINE OF INDIANA AVENUE, FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, FOR A DISTANCE OF 165 FEET± AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN STULL'S 1ST ADDITION TO THE TOWN OF MYLER IN 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 18-8006-0349 Tax Key Number 18-8027-1107 Tax Key Number 18-8006-0344 Tax key number 18-8006-0338 Tax Key Number 18-8027-1106 2 SECTION IV. The purpose of the vacation of the real property is to allow for a one (1) lot Minor Subdivision. The City of South Bend will use the vacated right-of-way for its new Studebaker Redevelopment project 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 f the Common Council Filed in C`',~~ e q ~uN - ~ 200$ 1st P.E~D6NG ~ - l~"`~~ _ PUQLIC hiEARING (~j-Z3A8~ ~ j~flHQ v~ OOPDE 3 rd READING (0~2..~ .AB' Cm( CLLfiK, S0. BEND, ~~~ NOT APPROVED REFERRED PASSED ~ -'L3-Og TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 38-08 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY APPROXIMATELY 400 FEET+ FROM THE NORTH LINE OF INDIANA AVENUE, AND THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, FOR A DISTANCE OF 165 FEET+AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN STULL'S 1sT ADDITION TO THE TOWN OF MYLER IN 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 no recommendation due to a lack of a quorum. Derek D. Dieter Chairperson, Committee of the Whole PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: JUNE 3, 2008 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY. APPROXIMATELY 400 FEETt FROM THE NORTH LINE OF INDIANA AVENUE, FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, FOR A DISTANCE OF 165 FEET± AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN STULL'S 1ST ADDITION TO THE TOWN OF MYLER IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. NAME (signed & printed) & ADDRESS Tax Key Number City of South Bend 14~' Floor County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Tax Key Number 18-8006-0344 18-8006-0349 1 al i For City of South Bend NAME: Danch, Harper & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 Attn: Michael J. Danch RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 JUN-4 2008 JO!~1?J VOORuE C17Y C! ERK, u0. GEND,IN. Property owners within 150' 1.) City of South Bend Dept. of Redevelopment 1200 County-City Bldg South Bend IN 46601 Tax Id: 018-8006-0349 2.) Bjr Investment Company Inc. Waste Management P.O. Box 1450 Chicago IL 60690 Tax Id: 018-8027-1107 3.) City of South Bend Dept. of Redevelopment 1200 County-City Bldg South Bend IN 46601 Tax Id: 018-8006-0344 4.) City of South Bend Dept. of Redevelopment 1200 County-City Bldg South Bend IN 46601 Tax Id: 018-8006-0338 5.) Engel Ventures LLC 411 Indiana Ave South Bend IN 46613 Tax Id: 018-8027-1106 F~~c~~ ~~ ~`~!:~t'ji~~y ~''sat~iv i ~~_ JUN - 4 200 ~c~>> vca i j .~ ~-®- ~c~~ ~~~~ns~~~ 235-S89z ~~~--Q~° ~~ Irv D,~~~ ALLEY VACATION SURVEY ORDERED BY: City of South Bend SURVEY DATED: 3-27-08 PROJECT NO,: OgOtpB PART OF THE NORTHEAST QUARTER SECTION 13, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, CITY OF SOUTH BEND, COUNTY OF ST. JOSHPH, INDIANA THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-VEST ALLEY, APPROXIMATELY 400 FEETi: FROM THE NORTH LINE aF INDIANA AVENUE, FROM THE EAST RIGHT-OF-VAY LINE OF FRANKLIN STREET, FOR A DISTANCE OF 165 FEETt AND A VIDTH OF APPROXIMATELY 14 FEET, PART SITUATED IN STULL'S 1ST ADDITION TO THE TOVN aF MYLER IN THE CITY OF SOUTH REND, ST. JOSEPH COUNTY, INDIANA. . ~ ~r ~ _~__~C/L BItOdD11AY (74.2b' R/lf) .~~ ~ N _ .... ..~I S/ )RR~ HELD Im ~ ~~ ~ H / /.~ l4, ~ , {I ~ w . 114' AJE; . I0T N ,. Uhf ~ ...~'~~ ...~`~' . .`~`~ . . im w ICT ]o Ci 0 °m 0 ~' OFD, R.R. SPINE ~ ~ ~ ~HL~) • 8 Il1fn ~ ~ ~ ~: ur.w• ~ .. ~ . ~ " T,. r s7X ' i~ r f 'a u ~ ~~r~~ o PQ.o Po s~o LOT b z b " . ~ ~4.~~y ..:.. ~ ..:.. w ro ~ . : oo .. ` >?~ $ inr 4; ~j ' (,earn' q un r . . . 1~4, A~TI~>.... .1i~ ~ : .. • IDt b ID. 32 . .........~~:.... ./... . Q . .. ~>; ~ . ................. u>i at .... ....s ii Ii ~ nor r w ~; o ~ Q. t, . . ur s, .Q E' . , . (raoa ~9 ~ ~ (+~n'!0 . U n 0 100 ~ 200 300 e I ~I ~~~ SCALE 1' ~ 100' __R/W lME _._._. S m ~~ ` ~ I __ ~ tAa/!c Ha1°-~/~~At;-~~tat.~0,111~ Land Surveyors Professional Engineers Landscape Architects• Lond Planners Office; (574)234-4003 / (800)594-4003 . Fax: (574)234-4119 1643 Commerce Drive South Bend, IN 46628 c/L tttDisrre AYs'. ao.00' R ® ALLEY TO BE VACATED 1 c~ _~ c~;T ~' i'. w,• ,_; J9}. ; t 3 c: } ~ _. =:= rc o '" `' v U A 'PROVE>?3 Board f Public ~ arks 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS May 27, 2008 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 PHONE 574/235-9251 FAx 574/235-9171 TDD 574/ 235-5567 RE: Alley Vacation -First East-West Alley North of Indiana Avenue, East of Franklin Street and west of Lafayette Street -Part of the Studebaker Redevelopment 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 above described alley vacation. All of the property surrounding this alley is owned by the Redevelopment Commission. Because there are no City Agencies using the alley, the staff was not asked to use their time to review this proposed vacation. There are no access issues with this alley vacation. The Board of Public Works submits to you a favorable recommendation concerning this vacation. If you have any questions, please call me at (574) 235-9251 Sincerely, .~ Linda M. Martin, Clerk Board of Public Works c: Rosemary Mandrici, Assessor'Office Melinda Stopczynski, Auditor's Office Carl Littrell, Engineering Bill Schalliol, Community & Economic Development GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Linda Martin, Clerk Board of Works FROM: Tony Molnar SUBJECT: Alley Vacation DATE: May 15, 2008 _._ __ Several months ago you will remember that we had two alleys in the Studebaker Redevelopment area to be vacated. It was decided that it was not necessary to send that proposed vacation to the other City agencies for their review because all of the property around the alley was owned by the Redevelopment Commission. The attached alley vacation is a similar situation. All of the property surrounding this alley is also owned by the Redevelopment Commission. I would recommend that the Board prepare a letter for the City Council indicating that the Board recommends that the alley be vacated. Danch/Harner will then petition City Council to complete the vacation process. The City has no utilities in the alley. If you have any questions, please feel free to call me at 9254. Thanks, Tony F:\DATA\SHARE\EN G I N EER1W PDATA\memoboard.wpd ~~ Uanch, F/arner & ~I ssociates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Land Surveyors .Professional Engineers Landscape Architects Land Planners June 3, 2008 RE: Vacation Petition for an alley located approximaltely 400 feet more or less, from the north line of Indiana Avenue, and the east right-of way line of Franklin Street, for a distance of 165.00 feet more or less, and a width of approximately 14 feet more or less. Part situated in Stull's 1St Addition to the Town of Myler in the City of South Bend, St. Joseph County, Indiana. Dear Council Members: Our clients, the City of South Bend, are requesting the approval of the Vacation of a 14 foot alley located Bet`veen Indiana Avenue and Broadway Street on the east side of Franklin Street. The reason for this request is for the City of South Bend to develope a One lot Minor Subdivision, this is for the Studebaker Redevelopment project. The City and the Petitioners believe that vacating the above mentioned right-of--way will not have a detrimental effect on the adjacent properties located along this portion of Franklin Street and Indiana Avenue. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch President Danch, Harner & Associates File #080105 fit,^~ QCs ~~~C~a .s SUN _ ~ 2008 ~Cyia v~:e~ao ~ s~ iii. Ci'i'i CLE:~~, sC• ~' 1643 Commerce Drive South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 5741234-4003 ^ 8001594-4003 ^ Fax 574/234-4119 orce 269/471-3010 ^ Fax 269/471-7237