HomeMy WebLinkAbout9430-03 Vacation - Alley & Street - Kale, Logan, Edison Road Addition first replat. Second Street Logan , Edison, Kale Being a part of Edison Road Addition to COSBORDINANCE No.
Passed by the Common Council of the Ciry of South Bend, Indiana
June 23,
Attest:
Attest:
20 03
Presented by me to the Mayor of the City of Soutlt Bend, Indiana
June 24, 20 03
Ciry Clerk
President of Common Corrncil
Ciry Clerk
Approved and signed by me June 24 2p o3
Mayor
ORDINANCE NO. ~ 3 ~ _ ~ 3
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE NORTH/SOUTH ALLEY WEST OF LOGAN STREET FROM EDISON
ROAD TO KALE STREET, THE FIRST STREET TO BE VACATED IS A
PORTION OF KALE STREET FROM LOGAN STREET, WEST TO THE EAST
LINE OF EDISON ROAD ADDITION FIRST REPEAT. THE SECOND STREET
TO BE VACATED IS ONE HALF OF THE RIGHT OF WAY OF LOGAN STREET
FROM EDISON ROAD TO THE NORTH RIGHT OF WAY LINE OF SAID KALE
STREET, BEING A PART OF EDISON ROAD ADDITION TO 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:
BECTON 1. 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 THE FIRST NORTH/SOUTH ALLEY WEST
OF HICKORY ROAD FROM LOGAN STREET TO KALE STREET FOR A
DISTANCE OF 266 FEET AND A WIDTH OF 14 FEET. BEING PART OF
EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA. THE FIRST STREET TO BE VACATED IS A PORTION
OF KALE STREET FROM LOGAN STREET, WEST TO THE EAST LINE OF
EDISON ROAD ADDITION FIRST REPEAT, FOR A DISTANCE OF 135 FEET
AND A WIDTH OF 60 FEET, BEING A PART OF EDISON ROAD ADDITION TO
THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THE SECOND
STREET TO BE VACATED IS ONE HALF OF THE RIGHT OF WAY OF LOGAN
STREET FROM EDISON ROAD TO THE NORTH RIGHT OF WAY LINE OF
SAID KALE STREET, FOR A DISTANCE OF 326 FEET AND A WIDTH OF 40
FEET, BEING A PART OF EDISON ROAD 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 individuals utilities.
SECTION III. The following property may be injuriously or beneficially affected by such
vacating:
Lot A -Edison Road Addition 1st Replat (Owner: Baugo Creek Realty)
Outlot A -Edison Road Addition 1st Replat (Owner: I&M Electric Co.)
Lots 11, 12, 13, 14, 15 & 16 -Edison Road Addition (Owner: Baugo Creek Realty)
Lot 37 -Edison Road Addition (Owner: I&M Electric Co.)
SECTION {V. The purpose of the vacation of the real property is for the expansion and
development of the existing Hickory Crossing Shopping Center.
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 the Common Councl
1st READING b~~-03
PUBLIC HEARING ~^Z3-o3
3 rd READING (Q -L3,03
NOT APPROVED
REFERRED
PASSED b Z3-03
~f~BL~ 497 ~~~f"ao'S ~f~EC~
,~~;!'0 ~ 2003
LO~E'rT~! J. DL'DJ~,
CITY CLEHt~,, ~.C. QE@~rJ, iN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
45-03 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE NORTH/SOUTH ALLEY WEST OF LOGAN STREET FROM
EDISON ROAD TO KALE STREET. THE FIRST STREET TO BE
VACATED IS A PORTION OF KALE STREET FROM LOGAN
STREET, WEST TO THE EAST LINE OF EDISON ROAD ADDITION
FIRST REPEAT. THE SECOND STREET TO BE VACATED IS ONE
HALF OF THE RIGHT OF WAY OF LOGAN STREET FROM EDISON
ROAD TO THE NORTH RIGHT OF WAY LINE OF SAID KALE
STREET, BEING A PART OF EDISON ROAD 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/ALLEYSl
TO THE COMMON COUNCIL DATE: ,~sa~ ~. ~~03
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
"~1l~ tJo1ZiN SovYr~ Au.~. v~~h of ~-c~GA~f RAE FRo~n ~.~1Sc~~1 1'100
'T~ \~,~~E ST1~~7
B. THE STREET DESCRIBED AS:
~ ~ PaCt~taJ of ~A~ ~djRti~~ ~~M ~~ S"CfL1~F~ UJ~S~ '~~ TNT. BAST ~i+~~- c?F
~,y~~N'~~c~o ~~b~i~an1 ~~~z5-~ P~~.h~.a-~ 2} r~r.~ µ~-F of C~uJ of ~~ 572Y~T
~1~oen 1~o15a~ ~O To 'ti~lE. -~ZH ~vJ taN~ c~+F sa~~ KALYc. `.~7Q~~j'
NAME signe & t )
.'
J
ADDRESS
~A•VC~c~ '~~C1L P11zPl.T`f
3 so 1 Iz~~s~;~ ~~~
So~T\~ ~~, 1~1 dlot~l5
RETURN TO:
OFFICE OF THE CITY CLERK
LORETTA J. DUDA, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
574-235-9221
LOT #
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CfTY CL@F2iS, ^.0. E~E1~J, Ld.
CONTACT PERSON (S)
NAME: 1 A~T `~~~~~
ADDRESS: 1 ~\~9 ~. MA'
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PHONE: 2S S - 4t~~
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I ~ I 42-0486
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OUTLOT A '; ~ o- 38-0483 m ~ ~ 29-1001
-0483.01 _______________
/ ~ 0002.03
37-0483 N
I
KALE STREET /(ALE STREET
VAC. ORD. #9231-01
......................... .............
24-1001 16-0474
EDISON ROAD ADD N 15-0473 Q
1ST REPLAY --------------- w O
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A-0460 14-0472 N ~
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13-0471 0 ~
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11-0469 =
E D I S N ROAD M/s WAxA CORP. LINE
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r~ i ~ i ~ i o i r i B_7715 ~ o
I I I I I I 1 N ~
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THE ALLEY TO BE t/ACAIED lS THE FIRST NORTH/SOUTH ALLEY WEST OF LOGAN STREET fROM EDISON ROAD TO KALE STREET
FOR A DISTANCE OF 266 FEET AND A W/D1N OF 14 FEET. BEING A PART OF EDISON R0,4D ADDITION TO THE CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA. THE FIRST STREET TO BE ~ACAIED lS A PORTION OF KALE STREET fROM LOGAN STREET,
WEST TO 7HE EAST UNE OF EDISON ROAD ADDl110N fTRST REPLAY, FOR A D/STANCE OF 135 FEET AND A W/DTN OF 60 f'EE7,
BEING A PART OF EDISON ROAD ADD/170N TO 1HE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THE SECOND STREET TO
BE ~ACAIED lS ONE l-lAIF OF 1HE RIGHT OF WAY OF LOGAN STREET FROM EDISON ROAD TO THE NORTH R/GHT OF WAY UNE OF
SAID KALE STREET, FOR A DISTANCE OF 326 FEET AND A W/DIH OF 40 FEET, BEING 1"i?F'ED150N77fIAD"AIIDITIOI~~INE
CITY OF SOU1H BE7VD, ST. JOSEPH COUNTY, INDIANA. ~§~~~ I~ ~ie~~ra~~ ~~'~@~~ I
JUG! ~ ~~ ~~~!~
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CITY C-.GF~, ~ a. QiF1~, I.m,
DIVIBION ~~~ ~ _.
DEPARTMENT OF PUBLIC WORKS ®~ STREET AND ALLEY
° ~~
CITY OF SOUTH BEND, INDIDANA ° ^~T~ VACATION
Pro'ect:
Hickory Crossings -Phase 2
3601 Edison Road
South Bend, Indiana 46615
Property Owner•
Baugo Creek Realty
3501 Edison Road
South Bend, Indiana 46615
St. Joseph County -Clay Township (Mishawaka)
29-1001-000203
Donald & Patricia Cressy Foundation
P.O. Box 837
South Bend, Indiana 46624
St. Joseph County -Clay Township (South Bend)
24-1001-0483 24-1001-0460
24-1001-048301 24-1001-0469
Indiana & Michigan Electric Co. 24-1001-0470
P.O. Box 24400 301 Cleveland SWO 24-1001-0471
Canton, Ohio 44701 24-1001-0472
24-1001-0473
24-1001-0484 24-1001-0474
Diane M. Dennis Baugo Creek Realty
Ronald Lewandowski 3501 Edison Road
7920 S 122E South Bend, Indiana 46615
Wolcottville, Indiana 46795
24-1001-0487
24-1001-0488
Lucy Ann Wilson
5905 Landsdown Blvd.
South Bend, Indiana 46614
St. Joseph County -Portage Township (South Bend)
18-5200-7708 18-5200-7714
Housing Authority of South Bend Jon C. & Rosemarie S. Greenlee
501 South Scott Street P.O. Box 8195
South Bend, Indiana 46601 South Bend, Indiana 46660
18-5200-7713
Jon C. & Rosemarie S. Greenlee
17796 Tally Ho Drive East
South Bend, Indiana 46635
18-5200-7715
Peter T. Taddeo
P.O. Box 8195
South Bend, Indiana 466
~,1 ~ ~'i LGUJ
~~a~. ~.~
~o~~r~'a ~.:~~~~~~
cmt c~.c~a;:, ~~. ~~`~:~, tier.
Baugo Creek Realty
3501 Edison Road
South Bend, Indiana 46615
June 3, 2003
South Bend Common Council
City-County Building 4`h Floor
South Bend, Indiana 46601
Re: Petition to Vacate Public Rights-of--Way
Honorable Members of the Common Council,
Attached is our petition to vacate portions of public rights-of--way on the northwest
corner of Hickory Road (Logan Street) and Edison Road. These rights-of way aze
leftover segments when the alignment of LoganStreet/Hickory Road was changed.
The vacation of the north/south alley, the remaining portion of Kale Street and the
former Logan Street will allow for the expansion of the existing Hickory Crossing
Shopping Center. The expansion of the center will add over 13,000 square feet of retail
space, provide employment opportunities and increase the property tax values for the
City of South Bend.
We respectively request approval of our petition. If you need additional
information or have any gy,~s~igns, we aze available.
pec ve
r-
B' odes
Baugo Creek Realty
al rrr~1 tl
-.~....~-~~---,.."_.._ ...,,.ti . _-..
1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LIJECKE, MAYOR
BOARD OF PUBLIC WORKS
June 9, 2003
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Alley and Street Vacation
Dear Members of the Council:
PHONE 574/ 235-9251
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 alley and street vacation:
The north/south alley west of Logan Street from Edison Road to Kale Street. The first street to be
vacated is a portion of Kale Street from Logan Street, west to the east line of Edison Road Addition
First Replat. The second street to be vacated is one half of the right of way of Logan Street from
Edison Road to the north right oi•way line of said Kale Street, being a part of Edison Road addition
to 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. Area Plan stated noted that vacating the alleys as shown would create a dead end alley,
~~~hich is against Common Council policy. Thev recommended that ifthe alley is vacated, that it he done so
subject to aturn-around easement for the dead end alley, and also any cross access or utility easements that
may be necessary. In regard to the partial Hickory Road vacation, the staff recognizes that the ne~~
configuration of Hickory Road along with the proposed development negates the need for this land a public
right of wav. [f Hickory Road and/or Kale Street are vacated, utility easements may be needed.
The Board of Public Works submits to you an favorable recommendation concerning this vacation,
subject to any utility easements that may be necessary.
Sipcerely,
~~'~ ~-; L ~ GC.t~
Angela Jacob, C rk
Board of Public Works
Rosemary Mandrici, Assessor's Office
Melinda Stopczynski, Auditor' Oftce
_ ~ 06 03 12:34p SHPD TRAFFIC (219)235-9308
.. ,
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: Carf Littrell, Engineering Department
John Byorni, Area Pian 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: May 2, 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 for building of Indiana Supermarkets,
Inc.
I would appreciate receiving your comments and recommendation concerning this vacation
no later than May 7, 20Q3. Thank you for your cooperation.
p.l
BY:~UL~ Y U ~ I'L~t~~~~~ DATE: S- ~ "' ~ 3
05/06/2003 11:21 5742359305 SOUTH BEND FIRE DEPT
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: earl Littrell, Engineering Department
,John Byomi, Area Plan Commission
zany Magliozzi, Community 8~ Economic Development
Sob Mathia, Community & Economic Development
yoward Buchanon, Fire Department
.Jack Dillon, Solid Waste
.Joe Markovich. Police Department
'Tom Bodnar, City Attorney's Office
FROM: ,~ngie Jacob, Clerk
RE: ,~4lley Vacation
DATE: May 2, 2003
PAGE 01
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 for building of Indiana Supermarkets,
Inc.
{would ,appreciate receiving your comments and recommendation concerning this vacation
no later than I~Jlay 7, 2003. Thank you for your cooperation.
COMMENTS Fi RECOMMENDATIONS:
__ ' ~ S
DATE: ~ ~~~~
BY: ~~G ~* ~-~
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 7, 2003
The Board of Public Works
13~' Floor, County-City Building
South Bend, Indiana 46601
a~;
'`lii
RE: Generally described as Kale Street located in Edison Road Addition between lots
37 and 16. Also, the north/south alley and the westernmost 40' of Hickory Road located
in South Bend both being between said Kale Street and Edison Road.
Dear Board Members:
The staff has reviewed this petition relative to IC 36-7-3-13. It is the staffls 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 would like to note that vacating the alley as shown would create a dead end alley, which
is against Common Council policy. The staff recommends that if the alley is vacated that it be
done so subject to aturn-around easement for the dead end alley, and also any cross access or
utility easements that may be necessary.
In regards the partial Hickory Road vacation, the staff recognizes that the new configuration of
Hickory Road along with the proposed development negates the need for this land as public right-
of-way. Therefore, the staff recommends that if Hickory Road and/or Kale Street are vacated, that
the vacations be subject to any utility easements that may be needed.
Sincerely,
~~.
~~'~I
~,
Jeffr ~ . M •ers
Y y
Planner
Serving South Bend, Lakeville. New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
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 5/
RE: Alley Vacation
DATE: May 2, 2003
Inc.
Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation.
Petitionerwouldlike toproceed with an alley vacation for building of Indiana Supermarkets,
I would appreciate receiving yourcomments and recommendation concerning this vacation
no later than May 7, 2003. Thank you for your cooperation.
COMMENTS & RECOMMENDATIONS:
iF ~ !^L Y~ ~' a ~'fL L /d' o r~. r ~ !~ ~ / lr G 1 i L ~1~p~ lGj C~ y1
~/J.r1~//' dl dG.<~1 ~G'~r
BY: ~;~, f ~L~„~~. DATE: ~ ~dN~U.~
-~
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: May 2, 2003
Inc.
Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation.
Petitionerwouldlike toproceed with an alley vacation for building of Indiana Supermarkets,
!would appreciate receiving your comments and recommendation concerning this vacation
no later than May 7, 2003. Thank you for your cooperation.
COMMENTS & RECOMMENDATIONS:
BY: ~~- DATE: ~ ' ! ~~ 3
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: ~ Littrell, Engineering Department
~hn Byorni, Area Plan Commission
Larry Magliozzi, Community & Economic Development
~~gb Mathia, Community & Economic Development
o and Buchanon, Fire Department
ck Dillon, Solid Waste
Joe Markovich, Police Department
Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Alley Vacation
DATE: May 2, 2003
Inc.
Attached is a portion of the Plat Book (highlighted area) for a request for an alley vacation.
Petitionerwould like to proceed with an alley vacation for building of Indiana Supermarkets,
I would appreciate receiving your comments and recommendation concerning this vacation
no later than May 7, 2003. Thank you for your cooperation.
tau
f~'t- tisuc ~(ii
BY: DATE:
U U V
n ` S/~ ~b
V = L~~' ~ /
COMMENTS & RECOMMENDATIONS: