HomeMy WebLinkAboutVacate - Streets and alleys in the area bounded by Sample St, High St and Railroad tracks10240 -13
Passed by the Common Council of the City of ,South Pend, Indiana
Attest:
Attest:
July 8,
JOHN VOORDE
2013
Presented by me to the Mayor of the City of south Pend, Indiana
July 9,
13
20
City Clerk
President of Common Council
Approved and signed by me
JOHN VOORDE
ri VL, y ii
J
20 3
City Clerk
Mayer
❑■
ORDINANCE NO. 10 2ND ` ( 3
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
Streets and alleys in the area bounded by Sample Street, High
Street and the Railroad tracks.
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 first street to be vacated is a portion of Marietta Street from Sample Street South to
the intersection of Marietta and Ohio Street for a distance of 300 feet, more or less, and
a width of 49.5 feet. The second street to be vacated is a portion of Ohio Street from
the intersection of Ohio Street with Marietta Street East for a distance of 370 feet, more
or less, to a point 50 feet West of the High Street right of way and a width of 50.5 feet.
The first alley to be vacated is the first North /South alley West of High Street, South to
the first East/West alley for a distance of 132 feet and a width of 14 feet and continuing
South from the East/West alley-to Ohio Street for a distance of 146 feet and a width of
14 feet. The second alley to be vacated is the first East/West alley South of Sample
Street from High Street West to the first North /South alley for a distance of 198 feet and
a width of 14 feet, continuing West to Marietta Street for a distance of 212 feet and a
width of 14 feet. The third alley to be vacated is the first East/West alley South of
Sample Street from Marietta Street West to the first North /South alley for a distance of
198 feet and a width of 14 feet. The forth alley to be vacated is the first North /South
alley West of Marietta Street, South from Sample Street to the first East/West alley for
a distance of 134.64 and a width of 14 feet. The fifth alley to be vacated is the first
North /South alley West of High Street from Ohio Street South a distance of 102.8 and a
width of 14 feet. The sixth alley to be vacated is the first East/West alley from the first
North /South alley West of High Street Southeast along the Norfolk and Western
railroad right of way for a distance of 90 feet, more or less. All being a part of Wenger's
Addition, Portage Township, City of South Bend, St Joseph County, Indiana.
hereby determines that it is desirable to vacate said property.
Fire Dept Training Facility, vacation.doc
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 28, US Sprint Communications Company
P. O. Box 12913, Overland Park, KS 66212
Lot 29, Grand Trunk Western RR
1 Administration Road, Concord ON 46614
Pt of Lot 21, Redevelopment Commission
1200 County City Building, South Bend, IN 46601
Pt of Lot 21, South Bend Board of Public Works
Rm 1300, 227 W. Jefferson Blvd, South Bend, IN 46601
Section IV. The purpose of the vacation of the real property is
Construction of new South Bend Fire Department Training
Facility
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.
."�Ll -
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 0, at l 1 Lo o'clock _ . M.
Fire Dept Training Facility, vacation.doc
Approved and signed by me on the
5:00 o'clock 10 . m.
I � jr, EADi.
6 —L`i— U
PUILIC HEARING '7
3 rd READING ?—Y—( -3
NOT APPROVED
R I .
EFERIZED
PASSED 3
Fire Dept Training Facility, vacation.doc
City Cighl-
VL
13 day of T& I- Y 2013 at
Mayor, Cite Bend, Indiana
Filed In " S, Office
JUN 18 Z01
CITY CLERK, Wta b h SEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
30 -13 A BILL TO VACATE THE FOLLOWING DESCRIBED
PROPERTY: STREETS AND ALLEYS IN THE AREA
BOUNDED BY SAMPLE STREET, HIGH STREET AND
THE RAILROAD TRACKS
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.
This bill was heard by the Public Works & Property Vacation Committee.
Karen L. White
Chairperson, Committee of the Whole
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETS /ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE:—June 6, 2013
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS: All alleys bounded by Sample Street, High Street and the Grand Trunk
Railroad tracks.
B. THE STREET DESCRIBED AS: All streets bounded by Sample Street, High Street and the Grand Trunk
Railroad Tracks.
NAME (signed & printed)
Michael C. Mecham, P. E.
City Engineer
ADDRESS
Room 1300, 227 West Jefferson Blvd.
South Bend, IN 46601
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
574- 235 -9221
Fire Dept Training Facility, vacation.doc
CONTACT PERSON (S)
NAME: Same as above
ADDRESS:
PHONE: 574 - 235 -925
LOT #
See Legal
Filed I p � _
JUG! 18 2013 1
t
C17 Y CLERk, SOU f'Ne BEND, IN
LEGAL DESCRIPTION:
The first street to be vacated is a portion of Marietta Street from Sample Street South to the
intersection of Marietta and Ohio Street for a distance of 300 feet, more or less, and a width of 49.5
feet. The second street to be vacated is a portion of Ohio Street from the intersection of Ohio Street
with Marietta Street East for a distance of 370 feet, more or less, to a point 50 feet West of the High
Street right of way and a width of 50.5 feet. The first alley to be vacated is the first North/South alley
West of High Street, South to the first East/West alley for a distance of 132 feet and a width of 14 feet
and continuing South from the East/West alley to Ohio Street for a distance of 146 feet and a width of
14 feet. The second alley to be vacated is the first East/West alley South of Sample Street from High
Street West to the first North/South alley for a distance of 198 feet and a width of 14 feet, continuing
West to Marietta Street for a distance of 212 feet and a width of 14 feet. The third alley to be vacated
is the first East/West alley South of Sample Street from Marietta Street West to the first North/South
alley for a distance of 198 feet and a width of 14 feet. The forth alley to be vacated is the first
North/South alley West of Marietta Street, South from Sample Street to the first East/West alley for a
distance of 134.64 and a width of 14 feet. The fifth alley to be vacated is the first North/South alley
West of High Street from Ohio Street South a distance of 102.8 and a width of 14 feet. The sixth alley
to be vacated is the first East/West alley from the first North/South alley West of High Street
Southeast along the Norfolk and Western railroad right of way for a distance of 90 feet, more or less.
All being a part of Wenger's Addition, Portage Township, City of South Bend, St Joseph County,
Indiana.
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE'BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
May 28, 2013
Mr. Michael Mecham
City of South Bend Engineering
227 West Jefferson Boulevard, Room 1316
South Bend, Indiana 46601
PHONE 574/235 -9251
FAx 574/235 -9171
RE: Alley Vacation — All Alleys bordered by Sample Street, High Street and the Penn Central
Rail Road Tracks
(Preliminary Review)
Dear Mr. Mecham:
The Board of Public Works, at its May 28, 2013, meeting, reviewed comments by the
Area Plan Commission, Community Investment, Fire Department, and the Police Department.
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 alley.
GARY A. GILOT DONALD E. INKS KATHRYN E. RODS MICHAEL C. MECHAM MARK W. NEAL
9
Page 2 of 2
May 28, 2013
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 alley vacation packet.
Sincerely,
Lin a M. Martin, Clerk
c: Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
Michael Mecham, Engineering
Filed iP k �. office
JUN �1 8 ,101` 3 <
CITY CLE Rrk, akA h SEND, IN