HomeMy WebLinkAboutVacate - Irregularly shaped portion of the right of way of Indiana Ave located at the Northwest intersection of the said Indiana Ave with Kemble St ORDINANCE No . 10217-13
Passed by the Common Council of the City of South Bend,Indiana
January 28, 2a3
Attest: ___ ' -. —40 .. - City Clerk
JO• •.RDE
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411111
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 29, 2013
:...1 A,!R.. — City Clerk
JO VO• 'DE
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Approved and signed by me .AN a A Q- I 21 20
'.' Mayor
ORDINANCE NO. 1,324-1 4.3
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
AN IRREGULARLY SHAPED PORTION OF RIGHT-OF-WAY OF
INDIANA AVENUE LOCATED AT THE NORTHWEST INTERSECTION
OF SAID INDIANA AVENUE WITH KEMBLE STREET
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:
PARCEL A;
A PARCEL OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHWEST
CORNER OF LOT NUMBERED SIXTEEN (16) IN PART OF THE RECORDED PLAT OF
THOS. E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER; THENCE EAST A
DISTANCE OF SIXTY-FIVE AND SIX TENTHS (65.6) FEET ALONG THE SOUTH
PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16), TO THE SOUTHEAST
CORNER OF SAID LOT NUMBERED SIXTEEN (16); THENCE NORTH FIVE FEET (5)
ALONG THE EAST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16);
THENCE SOUTHWESTERLY A DISTANCE OF THIRTEEN AND SIX TENTHS FEET
(13.6) TO A POINT FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID
LOT NUMBERED SIXTEEN (16); THENCE DUE WEST ALONG A LINE PARALLEL TO
AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT
NUMBERED SIXTEEN (16) TO THE WEST PROPERTY LINE OF SAID LOT NUMBERED
SIXTEEN (16); THENCE SOUTHWESTERLY ALONG THE WEST PROPERTY LINE OF
SAID LOT NUMBERED SIXTEEN (16) TO THE POINT OF BEGINNING, THIS PARCEL
BEING TAKEN OFF OF AND FROM THE ENTIRE SOUTH END OF SAID LOT
NUMBERED SIXTEEN (16) IN PART OF THOS. E.A. BYERLEY'S ADDITION TO THE
TOWN OF MYLER.
PARCEL B;
A LOT OR PARCEL OF LAND THIRTY-THREE (33) FEET IN WIDTH, NORTH AND
SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF
2
LOTS NUMBERED 17, 18, 19, AND 20 AS SHOWN ON THE RECORDED PLAT OF THOS.
E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER, NOW A PART OF THE CITY
OF SOUTH BEND.
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 018-8053-2141
Tax Key Number 018-8053-2139
Tax Key Number 018-8053-2134
SECTION IV. The purpose of the vacation of the real property is to vacate that portion
of Indiana Avenue, for approval of subdivision replat.
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. I
' '.i‘ qa .1 Alr , ""
Member of the Common Council
3
Attest:
erk --
Presented by me to the Mayor of the City of South Bend, Indiana on the
2itt. day of wit t ce,Yl,2013, at 1,01 c r o'clock q . m.
ft
City Cl rk t Qet
Approved and signed by me on the Zq day of TA"AlLY, 2013, at
h o'clock P . m.
Mayor, City : ' out, 'i f ndiana
Flied in Clerk's Office
1 s READING -l3 JAN 6 13
PUBLIC HEARING (-4--0 JO NN E Id 4C
3rd READING (_1-.�� CITY CI REIf},SOWN SENIO,IN
NOT APPROVED
REFERRED
PASSED ��-
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE: 1-3-13
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE PORTION OF INDIANA AVENUE DESCRIBED AS:
PARCEL A;
A PARCEL OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHWEST
CORNER OF LOT NUMBERED SIXTEEN (16) IN PART OF THE RECORDED PLAT OF
THOS. E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER; THENCE EAST A
DISTANCE OF SIXTY-FIVE AND SIX TENTHS (65.6) FEET ALONG THE SOUTH
PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16), TO THE SOUTHEAST
CORNER OF SAID LOT NUMBERED SIXTEEN (16); THENCE NORTH FIVE FEET (5)
ALONG THE EAST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16);
THENCE SOUTHWESTERLY A DISTANCE OF THIRTEEN AND SIX TENTHS FEET
(13.6) TO A POINT FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID
LOT NUMBERED SIXTEEN (16); THENCE DUE WEST ALONG A LINE PARALLEL TO
AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT
NUMBERED SIXTEEN (16) TO THE WEST PROPERTY LINE OF SAID LOT NUMBERED
SIXTEEN (16); THENCE SOUTHWESTERLY ALONG THE WEST PROPERTY LINE OF
SAID LOT NUMBERED SIXTEEN (16) TO THE POINT OF BEGINNING, THIS PARCEL
BEING TAKEN OFF OF AND FROM THE ENTIRE SOUTH END OF SAID LOT
NUMBERED SIXTEEN (16) IN PART OF THOS. E.A. BYERLEY'S ADDITION TO THE
TOWN OF MYLER.
PARCEL B;
A LOT OR PARCEL OF LAND THIRTY-THREE (33) FEET IN WIDTH, NORTH AND
SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF
LOTS NUMBERED 17, 18, 19, AND 20 AS SHOWN ON THE RECORDED PLAT OF
THOMAS E.A. BYERLEY'S ADDITION TO THE TOWN OF MYLER, NOW A PART OF
THE CITY OF SOUTH BEND
2
NAME(signed&printed) &ADDRESS Tax Key Number
City of South Bend 18-8053-2134
Dept .of Redevelopment 18-8053-2141
12t Floor County-City Building
South Bend, Indiana 46601
/ C
Don. d Inks: ity of South Bend Dept. of Redevelopment
MM Vance LLC 18-8053-2139
1531 Kemble Street
South Bend, Indiana 46613
yA4obax:6.--
XeCia/
Michael Vance
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
574-235-9221
CONTACT PERSON NAME:
Michael J. Danch
Danch, Harner and Asscociates
1643 Commerce Drive
South Bend, Indiana 46628
PHONE: 574-234-4003
Filed in dark Office
JAN r 82,gr1/41
J VO60
CITY CI.ERic, � im, INO,IN
Property Owners
Within 150 Feet
City of South Bend City of South Bend Board of Public Duane Miller
227 W Jefferson Works 1609 Kemble Ave
South Bend, IN. 46601 227 W Jefferson South Bend, IN. 46613
Tax Key#018 8053 2137 South Bend, IN. 46601 Tax Key#018 8054 2167
Tax KPV it n1R Rfl..iR 712A
Moshe Buchholz Elva Bautista Monique Inc
309 S Logan St 1024 W Indiana Ave 3019 S Michigan
South Bend, IN. 46615 South Bend, IN. 46613 South Bend, IN. 46614
Tax Key#018 8054 2166 Tax Key#018 8054 2156 Tax Key#018 8054 2158
Barak Group LLC City of South Bend City of South Bend State of Indiana
309 Logan County City Building 227 W Jefferson Blvd.
South Bend, IN. 46615 South Bend, IN. 46601 South Bend, IN. 46601
Tax Key#018 8054 2165 Tax Key#018 8024 0970 Tax Key#018 8053 2131
City of South Bend Board of Public City of South Bend MM Vance LLC
Works 227 W Jefferson Blvd 1531 Kemble Ave
227 W Jefferson South Bend, IN. 46601 South Bend, IN. 46613
South Bend, IN. 46601 Tax Key#018 8024 0972 Tax Key#018 8053 2139
Tax KPV it fl1 R RnR2 1418
Armando& Elva Bautista Armando& Elva Bautista City of South Bend
508 S Walnut 508 S Walnut 227 W Jefferson Blvd
South Bend, IN. 46619 South Bend, IN. 46619 South Bend, IN. 46601
Tax Key#018 8053 2132 Tax Key#018 8053 2133 Tax Key#018 8024 0971
Thomas& Mary Magee City of South Bend Ervin Swift
1524 Prairie Ave 227 W Jefferson 913 W Indiana Ave
South Bend, IN.46613 South Bend, IN. 46601 South Bend, IN. 46613
Tax Key#018 8053 2130 Tax Key#018 8053 2138 Tax Key#018 8053 2127
Filed in Ciark a Offic,_e
JAN 2Q1
JO '.4`O0
CITY CL AR,40Viii OEND,IN
0
x' 18-8053-2127
3 1 --.4- 18-8053-2137
i -- f8-8024-0970
At C 18-805-229 18-ap33-2138
0 18-802
4-0971
l'`Q . /
19-8053-2130 !( C
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/ , LOT 17 LOT 1a LOT 19 LOT 20 , r 18-8024-0972 ,,�\
'
r� 18-8055-2131
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05-
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12-52139 150' t
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LOT II '
i fa-8055-2132
18-8033-2134 '/4 �/�%� 1
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18-8553-2133 '''''';'4%.('%'0A1.'4,';!; 'W;'*`?; j(,;/ i'� �:
r ii �%� � 1'"i%ii� i�i%i'i
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Parcel A
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ri
Indiana Indiana ,
18-8032-1418
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15-8054-2185
18-8054-2158
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4
4
LEGAL DESCRIPTION:
PARCEL A
A PARCEL OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHWEST CORNER OF LOT NUMBERED
SIXTEEN (16) IN PART OF BYERLRY'S ADDITION THENCE EAST A DISTANCE OF SIXTY—FIVE AND SIXTH TENTHS
(65.6) FEET ALONG THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN (16), TO THE SOUTHEAST
CORNER OF SAID LOT NUMBERED SIXTEEN (16); THENCE NORTH FIVE FEET (5') ALONG THE EAST PROPERTY
LINE OF SAID LOT SIXTEEN (16) THENCE SOUTHWESTERLY A DISTANCE OF THIRTEEN AND SIXTENTHS FEET
(13.6) TO A POINT FOUR FEET (4) NORTH OF THE SOUTH PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN
(16); THENCE DUE WEST ALONG A LINE PARALLEL TO AND FOUR FEET (4) NORTH OF THE SOUTH PROPERTY
LINE OF SAID LOT NUMBERED SIXTEEN (16) TO THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN
(16); THENCE SOUTHWESTERLY ALONG THE WEST PROPERTY LINE OF SAID LOT NUMBERED SIXTEEN TO THE
POINT OF BEGINNING; THIS PARCEL BEING TAKEN OFF OF AND FROM THE ENTIRE SOUTH END OF SAID LOT
NUMBERED SIXTEEN (16) IN PART OF BYERLY'S ADDITION.
PARCEL B
A LOT OR PARCEL OF LAND THIRTY—THREE (33) FEET IN WIDTH, NORTH AND SOUTH, TAKEN OFF OF AND
FROM THE ENTIRE WIDTH OF THE SOUTH ENDS OF LOTS NUMBERED 17, 18, 19 AND 20 AS SHOWN ON THE
RECORDED PLAT OF THOMAS E.A. BYERLY'S ADDITION TO THE TOWN OF MYLER, NOW A PART OF THE CITY OF
SOUTH BEND.
Filed in ' 4 d :.office
JAN 7' 4°1
JOhN Vim :
CITY CLERK, M 3410,IN
1316 COUNTY CITY BUILDING ;4 �\�\ ��� _ PHONE 574/235-9251
\
227 W JEFFERSON BOULEVARD i FAX 574/235-9171
SOUTH BEND, INDIANA 46601-1830
V4 rte :
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
January 8,2013
Mr.David Relos
Community Investment
1400 County-City Building
227 West Jefferson Boulevard
South Bend,Indiana 46601
RE: Right of Way Vacation — A Portion of Lots 16 through 20 at the Corner of Kemble Street and
Indiana Avenue
(Preliminary Review)
Dear Mr.Relos:
The Board of Public Works, at its January 8, 2013, meeting, reviewed comments by the
Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police
Department, and the Solid Waste Division for the above referenced right of way vacation. The following
comments and recommendations were submitted:
Area Plan stated that 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. The vacation would not make access
to the lands of the aggrieved person by means of public way difficult or inconvenient.The vacation would
not hinder the public's access to a church, school or other public building or place. The vacation would
not hinder the use of a public right of way by the neighborhood in which it is located or to which it is
contiguous.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of
this property.
Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. You
will need a radius map showing properties within 150' of the proposed vacation for your petition to the
Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your right of
way vacation packet.
Sincerely, , Filed in Cierk Office
'-:///tett/ik.,/,Ve
Linda M.Martin, Clerk JAN -8 2013
c: Federico Rodriguez,Fire Department JON61 v c.AN.,1
Tony Molnar,Engineering CITY CLERK, SOP*SEND,IN
Janice Talboom,City Clerk's Office
Michael Mecham,Engmeenng
GARY A. GILOT DONALD E. INKS KATHRYN E. Roos MICHAEL C. MECHAM MARK W.NEAL