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Home My WebLink About08-11-08 Council Meeting Agenda & PacketSOUTH BEND COMMON COUNCIL MONDAY, AUGUST 11, 2008 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME; 43-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NOR`t'H/SOUTH ALLEY WEST OF LAUREL STREET AND SOUTH OF WESTERN AVENUE CONTINUING SOUTH BORDERING THE PENN CENTRAL RAILROAD 44-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 2, SECTIONS 16- 6 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST RATES FOR COLLECTION OF SOLID WASTE 8. BILLS, THIRD READING BILL NO. TIME: 43-08 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY; THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET AND SOUTH OF WESTERN AVENUE CONTINUING SOUTH BORDERING THE PENN CENTRAL RAILROAD 44-08. THIRD READING ON COUNCIL OF THE CITY AMENDING CHAPTER 16, 6 OF THE SOUTH BEND RATES FOR COLLECTION 9. RESOLUTIONS BILL N0. A BILL OF THE COMMON OF SOUTH BEND, INDIANA, ARTICLE 2, SECTIONS 16- MUNICIPAL CODE TO ADJUST OF SOLID WASTE 08-67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR PROPERTY LOCATED AT 1911 IRELAND ROAD, SOUTH BEND, INDIANA 08-69 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR PROPERTY LOCATED AT 1129 N. ST. LOUIS BLVD. 08-53 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY -KNOWN AS 1401 SOUTH MAIN STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) REAL PROPERTY TAX ABATEMENT FOR 1ST SOURCE LAND TRUST #13 (ROBERT F. DAGGER) D/B/A OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. 08-70 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 225 GARST STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR JAMES F. AND SANDRA M. MCCUNE 08-71 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 919 AND 923 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR • RICHARD S. AND MICKI L.KIDDER 08-72 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN 'AVENUE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A SEVEN ( 7 ) YEAR REAL PROPERTY TAX ABATEMENT FOR FOXTROT REALTY CORPORATION 08-73 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, INC. 08-74 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1840 N. COMMERCE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STANZ FOODSERVICE, INC. 08-75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4441 JADE CROSSING DRIVE, 4522, 4532 ASHARD DRIVE, 4430 JADE CROSSING DRIVE (OR 4607 ASHARD DRIVE), 4601, 4523, 4513, 4411, 4321 AND 4309 ASHARD DRIVE ALL IN JADE CROSSING, SECTION I AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. 08-76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2008 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 10. FIRST READING BILL N0. 45-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM OLIVE STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART OF HIGHLAND PARK ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 46-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST- WEST ALLEY NORTH OF INDIANA AVENUE FROM THE WEST RIGHT-OF-WAY LINE OF LAFAYETTE STREET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY 177.84 FEET; AND A WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST NORTH-SOUTH ALLEY WEST OF LAFAYETTE STREET FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE FOR A DISTANCE OF APPROXIMATELY 416 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 47-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST- WEST ALLEY NORTH OF STATE ROAD 23 FROM THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 23 APPROXIMATELY 195.00 FEET NORTH MORE OR LESS, AND 258.98 FEET WEST MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 48-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, JOHN ROY, 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA 49-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST 12 FEET OF DERUE COURT FROM JEFFERSON BOULEVARD TO THE NORTH LINE OF THE SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT PER INSTRUMENT NUMBER 0365811 AND SAID SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT FROM THE WEST LINE OF THE EAST 12 FEET OF DERUE COURT EXTENDED TO ST, JOSEPH STREET 11. UNFINISHED BUSINESS A. REQUEST TO PUT BILL 07-67, STANZ FOOD SERVICE (7) SEVEN YEAR REAL PROPERTY TAX ABATEMENT ON FOR 8/25/08 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL .MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: Emmanuel Christian Church 1024 Tt! 1Yestern Ave. South Bead, IN 46619 Pastor; Francisco Cuenca July 17, 2048 To Whom it May Concern: 1~-~~\ ~~- ~k3'O~ I write this letter in behalf of Emmanuel Christian Church and myself to provide our reasoning in vacating the alley on the Ordinance. I have been a member of Emmanuel Christian Church for over 12 years. During that time, I have seen our congregation grow in numbers. Due to this, we are in need of building a bigger and more suitable church temple for our youth and children. This cannot be possible unless we vacate the surrounding alleys to our church. Our church property lies next to this alley in a very particular form, that eve can not build on it unless it is vacated. We have main- tained the alley to this day by mowing and cleaning any debris around it. We believe to be the only people to have ever used it. We would appreciate your help in voting to vacate this alley so we can then start our plans in building our dream church. We thank you for your time in reading our request and hope to receive a response from you soon. Gad Bless! Sinc rely, ~ ~ Gloria Vasq ~ (Church Secretary) Emmanuel Christian Church Phone: (574) 323-8895 ~r~~`c:~~ ~F'~~(~.N~ JUL 1 8 2008 ~tE v^c`r;~~ Fax: (574)675-9629 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET AND SOUTH OF WESTERN AVENUE CONTINUING SOUTH BORDERING THE. PENN CENTRAL RAILROAD 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 the first North/South alley (10' wide) West of Laurel Street on the South side of Western Avenue and the 14' wide alley that runs Southwesterly from said North/South alley along the North right of way of a vacated railroad. Both alleys being located in Bank Out Lot 92, in the Southwest'/4 of Section 11, Township 37 North, Range 2 East, St. Joseph County, Portage Township, City of South Bend, Indiana, and more particularly described as follows: Commencing at the intersection of the original South right of way line of Western Avenue and the West right of way line of Laurel Street (said original line of Western is 15 feet North of the current right of way line); thence West along said original South right of way line of Western Avenue a distance 346 feet, more or less, to the intersection of the South right of way line of Western Avenue and the East right of way line of said North/South alley and the place•of beginning; thence South along said East line of said 10' wide North/South alley a distance of 72.3 feet to the Northerly right of way fine of a vacated railroad right of way Tax ID #018-3059-2307.01; thence Southwesterly along said Northerly railroad right of way a distance of 190 feet, more or less; thence Northwesterly perpendicular to said Northerly right of way line of said railroad a distance of 14 feet; thence Northeasterly along a line parallel to and 14 feet from the Northerly right of way line of the vacated railroad a distance of 182.9 feet to the West right of way line os said 10 foot wide North/South alley; thence North along said West right of way line of the 10 foot wide North/South alley a distance of 61.82 feet to the South right of way line of Western Avenue; thence East along said South Line to the place of beginning. 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 tll. The following property may be injuriously or beneficially affected by such vacating: Lot 18-3059-2305, Lot 18-3059-230701, Lot 18-3059-2303, Lot 18-3059-2302, Lot 18-3059-2301, and Lot 18-3059-2299 SECTION IV. The purpose of the vacation of the real property is for the Emmanuel Christian Church to build it's riew facilities, their dream church. 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 C uncil gigning ~~ {his 5!I ~~ only so prov;de Attest: an op?ortun;ty for pubtsc i~~ar;ng an Council action on this issue. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved, and signed by me on the day of at o'clock . m. '! st BEADING ~ '~ g'--C`10 PUBLIC NEARING 3 rd READING NDT AP'?G`!`~' RE<~ER°:i:~ . "M55.E~ 2 , Mayor, City of South {~~ tt~ ~~I~r~'~ Qf~€~e J U L 1 8 2008 JoEfv VOORDE CITY CLE_t;l{, S0. BEND, IN. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY f STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: O I I ~ O8 1 (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:. A. THE ALLEY DESCRIBED AS: ~Q~\YOC~d B. THE STREET DESCRIBED AS: NAME (signed & printed) ADDRESS ~ w.e~r~ ~~e, 7~ / - ~a ! 6~?n ~ /Y~Q. LOT # 1`a-3D~1-2303 ~=[(O~,t rte ~(I?E~t'S ~Y7iCB RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 JUL 1 82008 ,Jnuct YG~~G~ G!3'f CLF:::Y, ~C. aCfiD, III CONTACT PERSON (S) NAME: ~, O`~ l 0. Y '~ ~ - y O~~QllE2- ADDRESS: ~0 ~ ' ~~~' ~u.~ ~~d ~ l N ~lal~ l3 PHONE: ~~~.~~ ~~ ~ 83g5 The Ciiey to be vacated ;s the fist NGrih/Svlitl"i Ciiey (1 G' Yride) iciest Of LCUrEI Street on the Scuth side of V,'estern Avenue and the 1t' wide alley that runs Southwesterly from said North/South alley along the North right of way of a vacated railroad. Both alleys being loceted in Bank Out Lot 92, in the Southvrest ;+ of Section 11, Township 37 North, Range 2 East. St. Joseph County, Portage Township, City cf South Bend, Indiana, and more particularly described as fellow: Commencing at the intersection of the original South right of way line of ~'lestern Avenue and the +'~'est right of way line of Laurel Street (said original line of Western is 15 feet North of the current right of vray fine); thence ~~'est along said original South right of way fine of ~4'estern Avenue a distance of 346 feet, mare or less, to the intersection of the South right of way line of 1~'lestern Avenue and the East right of way line of said North/Sout;t alley and the place of beginning; thence South a{eng said East line of said 10' wide Ncrth/South alley a distance of 72.3 feet to the Northerly right cf way line of a vacated railroad right of way (Tax ID X018-3059-2307.01)- thence Southwesterly along said Northerly railrood right of way a distance of 190 feet, more or less; thence Northwesterly perpendicular to said Northerly right of vray line of said railroad a distance of 14 feet; thence Northeasterly along a fine parallel to and 14 feet fram the Northerly right of way line of the vacated railroad a feet to the Vlest right of vray line of said 10 foot wide North/South al North along said ~Uest right of Fray line of the i0 foot wide Ncrth/Sou diistonce of 61.132 feet to the South right of way fine of 4t'estern Avent along sand South line to the place of beginning. ~~1~~'l~ ~~~i`~nJ~ ~~~E~e obey th nce East J U L 1 8 2008 ,i~~~ ~f~a~lx~ CI'i'`f CLE~:i~, drys?. ~EF~~, End Joe Grabill George Gofis 202 Lincolnway E. Ste. 100 21344 Ravenna Dr. Mishawaka, In 46544 South Bend, In 46628 Burkhart Advertising Rolland Schafer P.O. Box 536 65045 Miami St. South Bend, IN 46624 Bremen, In 46506 Alma and Jaime Navarro Maryrose Clayton 1033 Hancock St. 304 E. Donald St. South Bend, In 46619 South Bend; In 46613 Housing Authority of South Bend Teresa L. Buggs 501 S. Scott St. 1042 Western Ave South Bend, In 46601 South Bend, IN 46601 Teresa L. Buggs 1044 Western Ave. South Bend, IN 46601 ------ L, ~, ~. _~~: ~ ~ JUL ,1,~~ L?~~8 ,_ : soli"1:~~~~~; 1316 COUNTY-CITY BUILDING 227 W. J EFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 Fax 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN ~. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GTLOT, P.E. DIRECTOR OF PUBLIC WORKS ~~<<1 lea 4`I-~~A July 22, 2008 Rev. Timothy Rouse President South Bend Common Council In Re: Ordinance to Amend the South Bend Municipal Code Chapter 16, Article 2, Sections 16--6: To adjust rates for the collection of Solid Waste. Dear President Rouse: Attached is an ordinance for Council consideration which deals with amendments to Chapter 16 of the Municipal Code, specifically Solid Waste fees. These amendments are prompted by the increased cost of collection and disposal of residential solid waste. We are asking, at this time, to increase the cost for service by two-dollars and fifty five cents ($2.55) per month for each class of customer and for increases of 3% in 2010 and 2011. These new fees will allow us to put our solid waste vehicles on a seven year replacement schedule, allow us to replace lost containers, and rebuild reserves. Even with these rate increases South Bend Solid Waste fees will remain competitive with surrounding cities. I will make the formal presentations and am available anytime if you have questions. Sincerely, ~~~~r J hn J. on ~i`~c~ t~ ~'~~~?~'~ ~~~'sce „~ L 2 3 2008 ,~(`yiifZ ~t~t(3~Q~ C1T1' C~.F` {, ~G. GL,PFD, ti4,. ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LITTRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI 574/235-9251 574/277-8515 574/235-9316 FAx 574/235-9171 FAZ 574/277-8980 FAx 574/235-9007 STREETS SAM HENSLEY 574!235-9244 FAx 574/235-9272 WATER WORKS JOHN F. STANCATI 574/235-9322 FAx 574/235-9728 a~ ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 2, SECTIONS 16-6 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST RATES FOR COLLECTION OF SOLID WASTE , STATEMENT OF PURPOSE AND INTENT Since 1993 the South Bend Solid Waste utility rate for most residential customers has been under Nine Dollars ($9.00) per month. Over these past fifteen years, the Bureau of Solid Waste has been successful in improving service, reducing staff and improving the technology of its equipment. The Bureau has furnished closed containers to City residents. The appearance of South Bend's streets and alleys has improved, and huge strides have been made in becoming a "Clean City". However, rising fuel costs, an aging fleet,' and increased landfill tip fees have cut into reserves. It is necessary to raise rates in order. to sustain quality service. This ordinance provides for a rate increase of two dollars and fifty-five cents ($2.55) per month for the remainder of 2008 and 2009. Increases of 3% in 2010 and 2011 are also included to cover any inflationary increases in near future. Revenues received will allow for ongoing replacement of vehicles and containers, as well as, increased operating costs, particularly fuel and landfill costs. The terms of this ordinance are in the best interests of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA that Chapter 16, Article 2, Section 16-6 of the South Bend Municipal Code be amended as follows: Section I. Chapter 16, Article 2, Section 16-6, subpart c of the South Bend Municipal Code be and hereby is amended to read as follows: Section 16-6 Collection of residential refuse; exceptions; fees. (c) The City shall charge the owner or occupant of each occupied residence within the City for the collection and disposal of residential refuse according to the following schedule: (1) One-family dwelling: ~'b"+ ~' " ~ ~,+ ~*~ icQ Qm „ ~~. Eleven dollars and thirty-five cents ($11.351 per month in 2008 and 2009• Eleven dollars and sixty-nine cents ($11.69) per month on January 1 2010• Twelve dollars and four cents ($12.04) per month on January 1 2011 and thereafter until modified. (2) One-family dwelling where the head of the household has submitted to .the Board of Public Works proof of age sixty-five (65) or over: ~~ ~' " a r'~ iQC cm ror ,,,,,,,+h Eight dollars and five cents ($8 OS) per month for the remainder of 2008 and 2009• Eight dollars and twenty-nine cents ($8.29) per month on January 1 2010• Ei~,ht dollars and fifty-four cents ($8.54) per month on January 1 2011 and thereafter until modified. 3) Two-family dwelling with one water meter: Sixteen dollars and thirty five cents ($16 35) per month or Eleven dollars and thirtv- five cents ($11 35) per month per water meter for the remainder of 2008 and 2009• Sixteen dollars and eighty-four cents ($16.84) or Eleven dollars and sixty-nine cents ($11.69) per month per water meter on January 1 2010• Seventeen dollars and thirty-five cents ($17 35) per month or Twelve dollars and four cents ($12.04) per month per water meter on January 1 2011 and thereafter until modified. (4) Three-family dwelling with one water meter: € . Twenty-one. dollars and t_hirty-five cents ($21 35) per month or Eleven dollars and thirty- five cents ($11 35) per month per water meter for the remainder of 2008 and 2009• Twenty-one dollars and ninety-nine cents ($21.99) per month or Eleven dollars and sixty-nine cents ($11.69) per _month per water meter on January 1, 2010; Twenty-two dollars and sixty-five cents ($22 65) per month or Twelve dollars and four cents ($12 04) per month per water meter on January 1, 2011, and thereafter until modified. (5) Four-family dwelling with one water meter: -r, °~+., +~,,.°° -, • b . Twenty-six dollars and thirty-five cents ($26 35) per month or Eleven dollars and thirty-five cents ($11.35) per month per water meter for the remainder of 2008 and 20091 Twenty-seven dollars and fourteen cents ($27.141 per month or Eleven dollars and sixty-nine cents ($11.69) per month per water meter on January 1 2010• Twenty-seven dollars and ninety-five cents ($27 951 per month or Twelve dollars and four cents ($12.04) per month per water meter on January 1 2011, and thereafter until modified. Section III. This Ordinance shall take effect September 1, 2008. Section III. This Ordinance shall be in full force and effect from and after the time it has been adopted by the Common Council and approval by the Mayor. c~ ~.~ l~, ~ tell.-~ A ` ~/~ ~ ~'~-- Member, South Bend Common C ~ i1ci1 Attest: signing o~ this biPl is arty #o n°^vide an opportunity fieY pui;Ei~ i,::criiig and City Clerk Council action cn ti}is issue. Presented by ine to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock Mayor, City of South Bend, Indiana 1 st READING l `~, ~~ PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED ~~l~~i ~~ ~i~rk'~ ~~~~~e J U L 2 3 2008 JOFtt! VODFtDE CIl'1' CLERK, SQ. BIRP~D, IN. t RESOLUTION NO. A RESOLUTION OF T`HE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1911 Ireland Road, South Bend, IN 46614 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1911 Ireland Road, South Bend, IN 46614 in order to permit the construction and use of an A&T 150' Wireless Telecommunication Tower/Facility in the City of South Bend located at 1911 Ireland Road, South Bend, IN 46614, Parcel #23-1040-223605 SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby fords that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council (~~ Only }0 ~t'OVIriP signing of this bi!! is b, ; ino and an PP~rtunity foi t ~s ~ issue. 0 ~uncil action on 'RESENTED HOT. APPROYE® ~it~d ~n Cl~r'~'~ Q~ic~ JUN 2 0 20Q8 dqi„~ Vv4fiGE lN. G1TY G! ~FiiC, 8Q. F~tlE?, ADOPTED BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 July 18, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of AT&T BZA 7/17/08 Dear Council Members: The above referenced petition of AT&T was legally advertised on July 3, 2008. The Board of Zoning Appeals gave it a public hearing on July 17, 2008, at which time the following action was taken: Upon a motion by Mr. Hoffman, being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception for AT&T fora 150' telecommunications tower facility, on property located at 1911 Ireland Road, zoned "CB", is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel }~~~ Charles C. Bulot Building Conmiissioner CCB/cah ~~1~~ t;~ 6~It~~~~;, ~ ~~~~i~~ JUL1~20Q8 ~~-~;t ~~;~~~~~ ^r,~ rat %=t~'t "j~. ~~.~'<~~ ~~. AT~eT (Telecommunications tower) SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INIURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT. COMNIUNIT~' MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all Uuilding, fire safety, traffic, and parking regulations as to not Vein<_* injurious to the puUlic health. safety. morals, and general welfare of the community. ?. THE PROPOSED ~/SE WILL NOT INTURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT .aREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighUorhood and will not devalue the surrounding properties. ~. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE .DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. -I. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND CO~I•lPREHE:n/S1i E PL.9N BECAUSE: It is the feeling= of the Board that the variance is Ulending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT 1S THEREFORE the decision of the Board that this request for Special Exception shall Ue passed onto the City of South Bend Common Council with a: FAVOR~.BLE RECOMMENDATION ADOPTED this 17TH Day of.iULY, 2005 ~'ES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN .ABSENT DAVID SASSANO ® MAURICE HOBAN ® ELONDA WILDER-HAMILTON RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH SEND . BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1129 N. ST. LOUIS BLVD. WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from-the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36- 7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY.OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1129 N. St. Louis Blvd., South Bend, Indiana, 46617. in order to permit an accessory parking lot in an SF2 district. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby fmds that: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21-09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. ~~ ~~~ ~ , ~/C.o~. ~~~ ~~ Member of the Common Council Signing of this bill is only to provide an oPPortunity for p~~biic hearing and Council action on this issue. ~_z~'-erg ~~ROY~~ ~~~ 1JP'FE~. ., Find i~ ~~~1'-'~'~ ~~~~~ JUG ~ 5 200$ ,4~~ vfl~ ~~~~,,~. C14'4 CI.RRK, ~fl• BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION APPLICANT'S NAME GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST PHONE 574-234-2351 ADDRESS 710 E NAPOLEON BLVD, SOUTH BEND, INDIANA 46617 ADDRESS OF PROPERTY 1129 N ST. LOUIS BLVD, SOUTH BEND, INDIANA 46617 PRESENT ZONING OF PROPERTY SF2 OWNER'S NAME GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST PHONE 574-234-2351 ADDRESS 710 E NAPOLEON BLVD, SOUTH BEND, INDIANA 46617 COUNSEL OR CONSULTANT ROB MARTIN !BARK DESIGN GROUP, LLC) PHONE 574-534-6531 ADDRESS 502 S MAIN ST, GOSHEN, INDIANA 46526___ NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: -SPECIAL EXCEPTION FOR ACCESSORY PARKING LOT TN AN SF2 DISTRICT -VARIANCE FROM THE REQUIRED 20' SIDE YARD SETBACK TO 10' SIDE YARD PARKING SETBACK. _ I attest under the penalties for perjury, that the foregoing representations are tzue. f Signa~ure o~ Pr.`c3perty Owner(s) 0 err e~~g~ 502 S. Main St..; Goshen., IN 46526 Tel 574-5:34.-_6531 E'ax: 5'74-534-656._° June 25, 2008 RE: Petition seeking SPECIAL EXCEPTION for GREATER HOhY TEMPLE CHURCH OF GOD SN CHRIST To Whom It May Concern:: We (GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST, 710 E NAPOLEON BLVD:, SOUTH BEND, INDIANA 4661, Phone # 574-234-2.351) are requesting a SPECIAL EXCEPTION for the following: • SPECIAL EXCEPTION TO ALLOW AN ACCESSORY OFF-STREET PARKING AREA WITHIN AN SF2 ZONING DISTRICT • VARIANCE FROM THE REQUIRED 20' SIDE-YARD SETBACK TO 10' SIDE-YARD SETBACK TO ACCOMMODATE THE REQUIRED PARKING The approval of these requests shall not be injurious to the public health, safety, morals and general welfare of the community for the following reasons. 1. Granting the variance will allow the construction of a gymnasium addition to the church across the street. This will help the church serve local community needs The use and value of the area adjacent to the property included in the requests will not be affected in a substantially adverse manner because: 1. Landscaping & screening per the South Bend city ordinances will be installed 2. The parking demand during the week will be a fraction of the need that is calculated per the city ordinances. 3. The church operates a van / bus to bring approximately 15 to 20 congregation members to church, reducing the number of parking spaces needed. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein because: 1. The existing church is at present an asset to the neighborhood, and maintains its property with pride and distinction serving as an example to the adjacent properties. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan because: 1. A church is a permitted use within an SF2 zoning district 2. This exception will allow for church parking which is also permitted within an SF2 zoning district Contact: Rob Martin of Barr Design Group, located at 502 S. Main St., Goshen, Indiana will be presenting the petition. The phone number there is 574-534-6531 rce~s co unty rarceis Rec PARCELID NAME_1 PROP_ADDR STR I EET CITY NOLAN DENTS AND V AC LOT 68 ST 1 18-5104-3605 CATHERINE L OUIS 701 St Vinc ent St South Bend IN 46617 MILLER BRIAN L AND i I 2 18-5104-3620 KATHLEEN M 1 115 N ST PETER 1115 N S Peter St South Bend IN 46617 ' 3 18-5109-3857 DRAMJ LLC 1 104 HILL 61410 CR 3 Elkhart IN 46517 ~I 4 18-5109-3867 ALEXANDER MICHAEL A 1105 ST. LOUIS 1105 N SQ Louis St South Bend IN 46617 6698 EA T 150 5 18-5110-3929 SHORT TIM & DENISE 522 NAPOLEON NORTH Mill Creek IN 46365 TAYLOR KEITH D & 6 18-5109-3848 SHARITA D HILL ST 608 Napol eon St South Bend IN 46619 622 NAPOLEAN/1133 7 18-5109-3859 SCOTT BARROS TONI ST. LOUIS 622 Napo can South Bend IN 46617 8 18-5109-3855 1 G LLC 1114 HILL 1755 S H yes St #A Arlington VA 22203 CHANCE CHERYL 1102 HILL/613 ST. 9 18-5109-3858 L.1 4 MISC VINCENT 1102 N Hj ll Street South Bend IN 46617 10 18-5109-3868 TOWNSEND EMMA 623 ST. VINCENT 623 St Vin cent St South Bend IN 46617 AZZARELLO JAMES 11 18-5109-3852 LYNN JR & BRONWYN HILL 8927 Ech Valley Dr Houston TX 77055 HOUSING AUTHORITY 12 18-5109-3863 OF SOUTH BEND 1121 ST. LOUIS 501 S Sc gtt St South Bend IN 46601 1129 ST. LOUIS 13 18-5109-3861 REDDING JULIA CARTER BLVD 1129 N S Louis 81 South Bend IN 46617 ~` r NOLAN DENTS AND 1 4 18-5104-3607 CATHERINE 701 ST VINCENT 701 St Vi ncent South Bend 1N 46617 NOLAN DENTS AND VAC LOT 69 ST 1 5 18-5104-3606 CATHERINE LOUIS 701 St Vi ~ cent South Bend IN 46617 RYAL JOHN MICHAEL & VAC LOT 63 N ST 16 18-5104-3621 ERlN LEE PETER 1105 N S ~ PETER ST South Bend IN 46617 BASS F LESTER ETAL 17 18-5110-3934 BASS FRANKPETMISC 1109 HILL 1109 HIL 4 ST South Bend IN 46617 18 18-5109-3856 1 G LLC 1110 HILL 1755 S H yes St #A Arlington VA 22202 ALEXANDER WILLIAM H. 19 18-5109-3866 AND LENORA A., LOT 8 ST. LOUIS 1313 E C mpeau St South Bend IN 46617 ALEXANDER JOHN & ~ 20 18-5109-3865 DEBRA ST. LOUIS 1117 N Louis Blvd S South Bend IN 46617 BASS TRACY L AND CRYSTAL M LF EST 21 18-5110-3935 WILFOR 1107 N. HILL 1 109 HILL ST South Bend IN 46617 HOUSING AUTHORITY ~' 22 18-5110-393101 OF SOUTH BEND 1127 HILL 501 S Sc tt St South Bend IN 46601 23 18-5109-3853 1G LLC 1118 HILL 1118 Hill South Bend IN 46617 ~ CIVIL CITY OF SOUTH 14th Flooj • County-City 24 18-5109-3854 BEND 1118 HILL Bldg l South Bend IN 46601 ALEXANDER JOHN R & ~ 25 18-5109-3864 DEBRA E 1117 ST. LOUIS 1117 N St Louis Blvd South Bend IN 46617 ~ !`, HOUSING AUTHORITY 26 18-5110-3933 OF CITY OF S. B. 1121 HILL 501 S Sc gtt St South Bend IN 46601 GREATER HOLY TEMPLE 1131 ST. LOUIS 27 18-5109-3860 COGIC BLVD 710 E Na oleon Blvd South Bend IN 46617 28 18-5109-3850 SCHROETER DAVID J 1128 HILL 15817 A ,HVILLE LN Granger IN 46530 AMEDURI ROCCO AND 29 18-5122-4331 JULIA 612 PEASHWAY 612 Peas way South Bend IN 46617 WAYMOUTH ROBERT H 30 18-5122-4333 AND ADELA M 620 PEASHWAY 620 Pea s way St South Bend IN 46617 JEFFERIES PROPERTIES 31 18-5122-4334 LLC 626 PEASHWAY 9722 E C chise Scottsdale AZ 85258 REINEKE JAN R & MARY 32 18-5122-4336 E 632 PEASHWAY 3431 T kenham South Bend IN 46614 NORTON JOHN E & ELLEN M & NORTON Downers Grove IL nr_ncu~n~nv anAn Rrnn 4Mn4 Rrl Rn51R J J J 10-JILL-YJJI 1../VIYnLV - ~-- - -- KLOSKA ROBERT L & 3 4 18-5104-3619 MARGARET M 1121 N ST PETER 1121 N S Peter St South Bend IN 46617 ROONEY CHRISTOPHER 6006 W e agle Lake 35 18-5109-3851 T 1126 HILL Rd Peotone IL 60468 36 18-5109-3862 REDDING JULIA CARTER ST LOUIS 1129 N S Louis BI South Bend IN 46617 1127 N ST PETER 37 18-5104-3618 BUFILL JOSE A ST 1121 N N THE DAME South Bend IN 46617 HOLY TEMPLE CHURCH VAC LOT 65-66- 38 18-5104-360301 OF GOD IN CHRIST INC 67ST LOUIS 710 E Na polean St South Bend IN 46617 SHEPHERD 39 18-5104-3617 CHRISTOPHER E 718 NAPOLEON ~ 51860 Fo dale Ln Granger IN 46530 MASSA JOSEPH A ~ 40 18-5122-434404 ROSEMARY ~ 535 NAPOLEON 535 Napg leon St South Bend IN 46617 601 E. Los Angeles CA 41 18-5122-4338 VO KHANH & JERRIE NAPOLEON PO Box 5ti 1171 90053 LIU JERRY B & OANH N 605 E. 42 18-5122-4339 VO-LIU NAPOLEON BL 1836 N Wil mont Chicago IL 60647 KIRK WILLIAM & 43 18-5122-4340 ELIZABETH 609 NAPOLEON 1126 E I ,i ngton Ave South Bend IN 46614 MICHIANA PROPERTIES 613 NAPOLEON 44 18-5122-434001 LLC ST 1919 S M~c higan St South Bend IN 46613 MICHIANA PROPERTIES 45 18-5122-4341 LLC NAPOLEON 1919 S M chigan South Bend IN 46613 FRESE J MATTHEW & 46 18-5122-4342 DAWN 617 NAPOLEON 26424 Euh ice St South Bend IN 46628 JONES VICTOR AND 47 18-5122-4343 ERNESTINE 621 NAPOLEON 621 Napo can South Bend IN 46617 1205 SO ST. 48 18-5122-4344 MANDRICI ROSEMARY LOUIS 820 Peas way South Bend IN 46617 1206 N. ST. 49 18-5123-4392 DOUGLAS JOHN R LOUIS BL 1206 N S Louis Blvd South Bend IN 46617 SWEENY RYAN M & I 9363 HIG MEADOW 50 18-5123-4391 SUSAN M 705 NAPOLEON RD Allison Park PA 15101 GRESWICK JOEL V. AND 51 18-5121-4316 PAULINE M. 529 NAPOLEON 23851 Mi t Ct. South Bend IN 46614 MCFADDEN TERENCE M 709 NAPOLEON 52 18-5123-4390 & LAURIE E BL 209 Peas way South Bend IN 46617 CESULKA LEONARD H & 713 E. 53 18-5123-4389 GEORGIANA I NAPOLEON 718 E. Na poleon Blvd. South Bend IN 46617 RAPPELLI JOHN & LEONA AND MANDRICI 54 18-5123-4369 ROSEM 704 PEASHWAY 704 Peas way South Bend IN 46617 ERNSPERGER WILLIAM 5 5 18-5123-4371 & JANICE K 712 PEASHWAY 14160 Te bury Dr Granger IN 46530 n~ ~~. BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 July 18, 2008 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Greater Holy Temple Church of God in Christ BZA 7/17/08 Dear Council Members: The above referenced petition of Greater Holy Temple Church of God in Christ was legally advertised on July 3, 2008. The Board of Zoning Appeals gave it a public hearing on July 17, 2008, at which time the following action was taken: Upon a motion by Ms. Wilder-Hamilton, being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception to allow off site parking in a "SF2" District, on property located at 1129 N. St. Louis, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in amving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincere] Charles C. Belot Building Commissioner CCB/cah GREATER HOLEY TEMPLE CHLTRCH OI' GOD IN CHRIST (1129 N. St. Louis) (off site parking) SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEALS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PROPOSED C!SE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT. CU~'IMLNIT~' MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all Uuilding, fire safety, traffic, and parking regulations as to not Ueing it?furious to the puUlic health, safety, morals, and general welfare of the connnunity. '?. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: "the variance or use shall improve the appearance of the neighUorhood and will not devalue the surrounding properties. :. THE PROPOSED USE ~~'ILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT 1N WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH ' BEND CO:IIPREHENSII'E PL.41d BECAUSE: It is the feelinv of the Board that the variance is Ulending into the overall Comprehensive Plan and is not deviatin_ ti-om it's intent CONDITIONS OR REVISIONS: DECISION IT 15 THEREFORE the decision of the Board that this request for Special Etiception shall Ue passed onto the City of South Bend Common Council with a: FAVOR_ASLE RECOMMENDATION ADOPTED this 17Th Day of JULY", 2005 1'ES NO , ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ABSENT DAVID SASSANO ® MAURICE HOBAN ® ELONDA W"ILDER-HAMILTON 1200 County-Clty Building, 227 West Jefferson, South Bend, Indiana 46601-1830 ®Phone 574/235-9371 O Fax 574/235-9021 ~~.~ ~ \ ~v ~ ~~~~~ To: South Bend Common Council From: Bob Mathia ~~~ ~}~/" Subject: Tax Abatement - 1st Source Land Trust #13 (Robert F. Jagger) (Bill # 08-53) Date: August 5, 2008 Old Fort Building Supply of South Bend, Incorporated, the petitioner for the subject tax abatement, has notified Staff that they are withdrawing their petition for tax abatement contained in Bill #08-53. 1=11~d In Gl~rk'~ gffl~e AUG _ 5 2008 Cmr C ~RX, so a°` Pdp, Lb. WithdrawalMemo.8.5.08 L9lhat Vi/e Do Today li~ake~ A Difference 1 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 225 Garst Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR James F. and Sandra M. McCune Wl-IEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 225 Garst Street, South Bend, Indiana, and which is more particularly described as follows: Lots 45, 46, 47 & S 33' Lot 48 & W'/~ Vac AIIey E & Adj to South Bend City and which has Tax Key Numbers 18-8001-0009 (S1/2 lot 48 & Wl/2 vacated alley); 18- 8001-0010 (Nl/2 lot 47 &W1/2 vacated alley), 18-8001-0011 (Sl/2 lot 47 & Wl/2 vacated alley), 18-8001-0012 9N1/2 lot 46 & W '/Z vacated alley), 18-8001-0012 (Nl/2 lot 46 & W '/Z vacated alley), 18-8001-0013 (S1/2 lot 46 & Wl/2 vacated alley) and 18-8001-0014 (Lot 45 & W '/2 vacated alley) as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of four (4) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common ouncil Signing of this bill is only to p. cvide h°ering and an c~portur.r;;~ f:r ~.bs;c Council action on this issue. PRESENTED ~ '<<-`~o NOT APPROVE[? ~~t~~ lr~ ~E~r4~'~ f~~#aC~ J U L 2 3 2008 JQNF~ VCIu;:~c CITY GLEr,n, fio. EEP.tI, fol. ADOPTED _ ~ RESOLUTION NO. A RESOLUTION CONFIRNIING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 919 and 923 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR RICHARD S. AND MICHI L. HIDDER WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 919 and 923 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Lot 127 of Sorins second addition and this property has Tax Key Numbers 18-5107-3780 and 18-5107-3779, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed .redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 2 SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et se . SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~ ~`-v~ "1 Y~'~ `~ ~ rte' '~i} Member of the Common Counc~l~ Signing of this bill is on1S~~ to provada an opPortuniYy Fcr p~~bi c ,,,,,.:-n8 'Council action on th-s -ssue. PRE~ENTEO ~"" ~ (`~ ~' 1~IOT ~+PPROVED. ADOPTEE7 ~i{~~ I~ G~er~'~ Q~~ice J U L 2 3 2008 JuliP~ t~flu~QE CITY CIG~~;, S0. E~.?.D, !~. ~~~~~ I~~~ o~-~-z~ RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR FOXTROT REALTY CORPORATION WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4201 Linden Avenue, South Bend, Indiana, and which is more particularly described as follows: "A part of the east half of the southwest quarter of Section 4, Township 37 North, Range 2 East, South Bend, Indiana, more particularly described as follows, viz: Beginning at a point on the south line of said Southwest quarter 578.67 feet west of the southeast corner of said southwest quarter; thence continuing westerly along said south line of southwest quarter with an assumed bearing of North 89°42'30" West, 741 feet more or less to the west line of the east half of said southwest quarter, 1344 feet more or less to the southerly right-of--way line of the New York Central Railroad Company; thence South 79°18'30" East along said southerly right-of--way line 758.3 feet, more or less to a point which is North 00°08' 15" East 1207.34 feet to the place of beginning, excepting from the above described tract a strip of land 40 feet in width, north and south, taken off of and from the entire width of the south and thereof for Linden Avenue and which has Key Number 018-2193-7257, be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of up to seven (7) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et se . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. I .. Member of the Common Counci hin~ of this bill is only to provide a g~op~ortunify f:;r p~;bLc hearing and Council action on this issue. ~, P~ESi=s`fl'E!3 ~~~ "~Vl~ r1C3T ~PP~.~~~~ ~il~d !n Cl~rk'~ C~lce JUL 2 4 2008 1Cf,~d `loofl~E CITY C'~Er,K, ;o. ~ERp! , ~E~~ E~UGPTEFJ~ 1~~~~t ~o. U~`-~13 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4201 Linden Avenue, South Bend, Indiana, and which is more particularly described as follows: "A part of the east half of the southwest quarter of Section 4, Township 37 North, Range 2 East, South Bend, Indiana, more particularly described as follows, viz: Beginning at a point on the south line of said Southwest quarter 578.67 feet west of the southeast corner of said southwest quarter; thence continuing westerly along said south line of southwest quarter with an assumed bearing of North 89°42'30" West, 741 feet more or less to the west line of the east half of said southwest quarter, 1344 feet more or less to the southerly right-of--way line of the New York Central Railroad Company; thence South 79°18'30" East along said southerly right-of--way line 758.3 feet, more or less to a point which is North 00°08' 15" East 1207.34 feet to the place of beginning, excepting from the above described tract a strip of land 40 feet in width, north and south, taken off of and from the entire width of the south and thereof for Linden Avenue and which has Key Number 018-2193-7257, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax.. abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the -date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2; Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et se .; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Coun it on'Y ~, .;~,~.,r~~c~e S;gn't;,g rf thy; b's!i ie ^~ an cPPc;tuniYy fcr P'.'L~:~ t,euris~,g and Council action on th-s issue. ~4~~ ~~'~C~Q ~: e E Y. ~~,,``,,~~,, ~/'~,w ~~~k3e,9 S.Y ~il~ ~teriC'~ ®fifiic~ JUL 2 3 2008 dCui~i ErQ4RCE CITY Gt~~~+~, ~'Q. BENS BARNES &THORNBURG LLP Richard J. Deahl (574)237.1240 Email: richard.deahl~hdaw.com 600 1st Source Bank Center 100 North Michigan South Bend, IN 46601-1632 U.S.A. (574)233.1171 Fax (574) 237-1125 www.btlaw.com August 6, 2008 Via E-Mail ~~~~~~ ~~ Ms. Janice Talboom Office of the City Clerk 227 West Jefferson Room G55 South Bend, IN 46601 RE: Stanz Realty Co., LLP/Stanz Foodservice, Inc. Dear Janice: As we discussed, Stanz Realty Co., LLP and Stanz Foodservice, Inc. look forward to discussing and requesting the Common Council's consideration of a confirming resolution for the pending Real and Personal Property Tax Abatement Petitions. We understand that the earliest meeting for the Council to resume consideration of the Real Property Petition is August 25. In this regard, we kindly request that Stanz' Petitions for both the Real and Personal Property Abatement be placed on the agenda for the Community and Economic Development Committee and full Council meeting for Monday, August 25, 2008. Please feel welcome to let me know if we can provide you with any additional information. We appreciate your professional assistance in this matter. Very truly yours, S & THORNBURG LLP Richard J. Deahl RJD:cmr SBDS02 RJD 377884v1 ~'[I~~ to Cler(z'~ ~~i1;0 AUG - 6 2008 sa;~~i vao~QE CITY CLERK, S0. BEND, IN. Chicago Elkhart Fort V'/ayne Grand Rapids Indianapolis South Bend Washington, D.C. ~`~i( ~~~. 0~-7~( RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1840 N. COMMERCE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STANZ FOODSERVICE, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1840 N. Commerce Drive, South Bend, and which is more particularly described as follows: PARCEL I: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90°00'000° West on and along the North line of the Southwest Quarter of said Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue; thence South 00°42'05" West on and along the West line of Maplewood Avenue a distance of 399.39 feet to the true place of beginning; thence South 00°42'05" West on and along the West line of Maplewood Avenue a distance of 409.85 feet; thence South 89°30'39" West a distance of 434.08 feet to the East line of Commerce Drive; thence North 00°29'21" West on and along the East line of .Commerce Drive a distance of 409.85 feet: thence North 89°30'39" East a distance of 442.55 feet to the true place of beginning. Said tract being Lot Number 21 of the Airport Industrial Park, Phase II. PARCEL II: Lots Numbered Twenty-eight (28), Twenty-nine (29), Thirty (30) and Thirty-one (31) as shown on the recorded Plat on the recorded Plat of Post Place, recorded August 21, 1912 in Plat Book 9, page 142 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90°00'00" West on and along the North line of said Southwest Quarter of Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue, said point being the true place of beginning; thence South 90°00'00" West on and along the South line of said Progress Drive, a distance of 450.98 feet to an iron on the East line of Commerce Drive; thence South 00°29'21" East on and along the East line of Commerce Drive, a distance of 403.15 feet to an iron; thence North 89°30'39" East a distance of 442.55 feet to an iron on the West line of Maplewood Avenue; thence North 00°42'05" East on and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being Lot Numbered 22 of the Airport Industrial Park Phase 2. ALSO, a portion of Maplewood Avenue vacated by the City of South $end, Indiana, pursuant to Vacation Resolution No. 3466 (1977), which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right-of--way line of Progress Drive and the East right-of--way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning; and which has Key Numbers 18-2183-688604, 18-2183-6832, 18-2183-6834, 18.-2183- 6838, 18-2183-6840, 18-2183-6842, 18-2183-6844 and 18-2183-688607, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Muzucipal Code of the City of South Bend and Indiana Code 6-1.1-12 et se .; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under LC. 6-1.1-45 for the same property. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Coun 1 signing of this bill is only to. -.°y-o-°and en oPPo`tunity fo• P~biic h~ ~. {i ~b Council action on this issue. t~tOT APPROt!ED. Cal~e~~.'~ ~~?~~: ~i4~d to y JUL 2 ~ 2C1~8 Urs; Ft ADOPTS ~'"~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4441 JADE CROSSING DRIVE, 4522, 4532 ASIIARD DRIVE, 4430 JADE CROSSING DRIVE (OR 4607 ASHARD DRIVE), 4601, 4523, 4513, 4411, 4321 AND 4309 ASHARD DRIVE ALL IN JADE CROSSING - SECTION I AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 4441 JADE CROSSING DRIVE, 4522, 4532 ASHARD DRIVE, 4430 JADE CROSSING DRIVE (OR 4607 ASHARD DRIVE), 4601, 4523, 4513, 4411, 4321 AND 4309 ASHARD DRIVE ALL IN JADE CROSSING -SECTION I, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: JADE CROSSING -SECTION I LOTS NUMBERED 1, 83, 84, 87, 88, 90, 92, 95, 98 AND 100 AS SHOWN ON THE RECORDED PLAT OF JADE CROSSING, SECTION I, RECORDED APRIL 2, 2004 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AS INSTRUMENT NO. 0415098. . and this property which has Tax Key Numbers 25-1013-020748, 25-1013-020930 and 25-1013- 020931, 25-1013-020934, 25-1013-020935, 25-1013-020937, 25-1013-020939, 25-1013- 020942, 25-1013-020945 and 25-1013-020947 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12,1, et sue., and South Bend Municipal Code Sections 2-76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION, I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies;,or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. 2 SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~~ ~ ~. ~~u_c<L~ Member of the Common Council only to provide signing of this bill ~ ubti~ hearinS and 0 ortunity for ~ ssue~ Is - an Pp council action ~-~ . ~~, ~I~~~ ~f1 ~-~~~'-~C'~ ~~$~G~ All ~ - 4 2008 JQIih! voal~D~ CITY CLERK, fiD. 6=+~D, l;+l. 1200 C,ouNTY-CITY BUILllfNL; 227 W. JEFFERSON BOULEVARD Sourx BEND, INDIANA 46601-1830 PxONE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVF•. DIRECTOR July 25, 2008 Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: CLELAND BUILDIERS, INC. (Jade Crossing -Section I) Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Cleland Builders, Incorporated. This developer intends to develop ten lots remaining in Section I of Jade Crossing. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. Please note that the petitioner applied for a tax abatement on eleven lots, however, the Building Department reported that one of those lots, lot number 77, already had a building permit issued for it and a house constructed on it. Therefore, that lot, number 77, was deleted from the list and the total number of lots reduced from eleven to ten. The project's cost estimates and estimated taxes were reduced accordingly. The report contains the department's findings relative to the above petition. The petitioner proposes to develop the ten lots at a cost of $1,380,000. The developer has sold twenty-two lots under a prior tax abatement. The term for that abatement expired June 8, 2008, and the developer is requesting a new tax abatement in order to continue offering tax abatements as incentives for the sale of the remaining lots. The project meets the qualifications for afive-year (5) real property tax abatement. The petitioner will be available to meet. with the Committee on Monday, August 11, 2008. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, ;~rtn ~ n -rr~- Bob Mathia Assistant Director, Economic Development COMMUNITY DEVF.C.OPMF.NT ECONOMIC D@VELOI ~MENT FINANCLAL SC PROGFGIM PAMELA C. MEYF.R DONALD F.. INKS MANAGEtvCENT~ 574(235-9660 574/235-9371 ELIZADETH LEONnen FAX: 574/235-9697 574/235-9371 Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks 1200 CouNT~~-CITY BuaDIN<~ 227 W. ~EFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-)371 FAx 5741235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN ~. LUECKE, MAYOK COMMUNITY ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY E.~CECUTIVE DIRECTOR TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: CLELAND BUILDIERS, INC. (Jade Crossing -Section I) DATE: July 25, 2008 On June 23, 2008, a petition for residential tax abatement consideration for real property located in Jade Crossing - Section I was filed with the City Clerk by Cleland Builders, Incorporated. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Section I of the subject subdivision was granted afive-year residential real property tax abatement on June 23, 2003, through Common Council Resolution number 3205-03. The Common Council's resolution confirmed its earlier declaratory resolution designating Section I as a Residentially Distressed Area (RDA) and that designation was limited to five calendar years from the date of the passage of the declaratory resolution, which was June 9, 2003. The RDA designation is required in order for the developer, Cleland Builders, to offer tax abatements on the lots sold in Section I of the subdivision. The RDA expired on June 8, 2008. Ten lots remain available in Section I of the subdivision which has a total of 32 home sites. The developer is petitioning for a new tax abatement on Section I in order to continue offering tax abatements on the remaining available lots in that Section. COMMUNITY DEVELOPMENT' ECONOMIC DEVELOPMENT' FINANCIAL HC PROGRAM PAMELA C. IV,EYER L70NALD E. INKS MANAGEMENT' 574!235-9660 574/235-9371 ELIZABETH LF,ONARD FAx: 574/235-9697 574/235-9371 South Bend Common Council RE: Cleland Builders, Inc. (Jade Crossing -Section I) July 25, 2008 Page~2 The average cost to construct the remaining homes to be built in Section I is $138,000 each. The new homes will be between 1200 and 1600 square feet with three to four bedrooms, one to one and one-half baths, two car attached garages and full basements. The new homes will be consistent in size and style with what is already constructed in Section I. Taxes to be abated during the five-year (5) abatement period are estimated at $6,692 per home. The taxes to be >L during the five-year (5) abatement period for each home are estimated at $1,940. Total taxes to be abated for the 10 houses during the five (5) year abatement period are estimated at $66,920. Total taxes to be paid during the five (5) year abatement period for the 10 houses are estimated'at $19,400. Please note that the petitioner applied for a tax abatement on eleven lots, however, the Building Department reported that one of those lots, lot number 77, already had a building permit issued for it and a house constructed on it. Therefore, that lot, number 77, was deleted from the list and the total number of lots reduced from eleven to ten in the draft resolutions approving the tax abatement petition. The project's cost estimates and estimated taxes were reduced accordingly. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has been associated with or been granted the following previous tax abatements. Term/Type Resolution No. Date 5-year real property 3205-03 June 23, 2003 5-year real property 3353-04 July 12, 2004 5-year real property 3518-OS September 12, 2005 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. However, as noted above, the Commissioner found that one of the lots listed in the petition already has a building permit issued for it and a house constructed on it. That. lot, number 77, was deleted from the resolutions approving the abatement. 3. A review of the South Bend Redevelopment designation areas finds that the properly is not located in any of the development areas; therefore, approval of the tax abatement petition by the South Bend- Redevelopment Commission is not required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petition, except for lot number 77, meets the qualifications fora (5) five-year residential tax abatement under Section 2- 77.1,Single Family Residential Construction. 5 YEAR 30~Ju1-08 CLELAND BUILDERS, INC. South Bend German Township Residential Real Property Tax Abatement Schedule' Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost)' E350% LAND Value 1t3,i)OQ Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value $138.OOODO Total Taxes Tax Abated** Tax Paid"' 128, 000.00 128, 000.00 128, 000.00 10,000.00 N/A N/A 138, 000.00 128, 000.00 128, 000.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (31,500.00) (31,500.00) (31,500.00) 58,500.00 48,500.00 48,500.00 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of N/A N/A (48,500.00) N/A 0.00 N/A N/A N/A 10,000.00 58,500.00 48,500.00 10,000.00 4.3404% 4.3404% 4.3404% Gross Tax (tax rate x net assessed value) 2,539.13 2,105.09 434.04 Less State & County Homestead Credit: 0.4611% (269.74) (223.63) (46.11) Tax Due Before Circuit Breaker 2,269.39 1,881.46 387.93 Less Circuit Breaker Credit (543.13) (543.13) 0.00 Net Tax 1,726.26 1,338.33 387.93 Circuit Breaker Cap Circuit Breaker 1.0000% 1,380.00 1,280.00 1,380.00 Debt Service 0.5919% 346.26 287.07 59.19 Circuit Braker Cap 1,726.26 1,567.07 1,439.19 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 58,500.00 1,726.26 1,338.33 387.93 2 58,500.00 1,726.26 1,338.33 387.93 3 58,500.00 1,726.26 1,338.33 387.93 4 58,500.00 1,726.26 1,338.33 387.93 5 58,500.00 1,726.26 1,338.33 387.93 5 year totals: 8,631.31 6,691.66 1,939.65 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. "*Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE Year 1 Year 2 Year 3 Year 4 Year 5 Total Cleland Builders, Inc. 10 lots LAND' BUILDINGS*" $955 $19,400 955 19,400 955 19,400 955 19,400 955 19,400 TOTAL $20,355 20, 355 20,355 20,355 20,355 $4,775 $97,000 $101,775 'Current tax levy for the 10 vacant lots **Additional tax revenue from new investment. ~ STAaE~~~~~ ~F ~~&~?~~? i ~ - State Form 27167 (R7 / 12-01) ~ ~• °rescribed by the Depanment of local Government Finance s=~~€~ ~~-`~ INSTRUCTIONS: 1. This statement must be submitted to the body designating the economic revitilization area prior to the public hearing if the designating body requi,~es infor- mation from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating bodyy BEFORE a person installs the new manufacturing equipment and / or research and development equipment, er BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects"planned crcommitted to aRerJuly i, 1987 and areas designated slier July 1, 1987 require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, or prior to installation of the new manufacturing equipment and / or research and development equipment, BEFOREa deduction may be approved. 3. To obtain a deduction, Form 322 ERA, Real Estate Improvements and l or Form 322 ERA! PPME and l or 322 ERA l PPR & DE, must be filed with the county auditor. With respect to real property, Form 322 ERA must be filed by the titer of.• (1) May 10; or 2) thirty (30) days aRer a notice of increase in rsa! property assessment is received from the township assessor. Form 322 ERA /PPME and / or 322 ERA f~f~R & DE must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and / or research and development equipment becomes assessable, unless a filing extension has beer, obtained. A person who obtains a filing extension must file the form between March i and the extended due date of that year. 4. Property owners whose Statement of Benefrts was approved aRer June 30, 199 i must submit Form CF - 1 annually to show compliance with the Statement of Benefrts. (IC 6-i. i-J2.1-5.6) 5. The schedules established under IC 6-1.1-12.1-4(dJ and IC 6-1.1-12.1-4.5 (e) effective July 1, 2000 apply to any statement of benelits filed on or aRer July 1, 2000. The schedules effective prior to July 1, 2000 shall continue to apply to those statement of benefits filed before July 1, 2000. •' • • Name of taxpayer ' Cleland Builders, Inc. Address of taxpayer (street and number, city, state and ZIP code) 1117 Lincolnway West Mishawaka, IN 46545 Name of contact person Telephone number Lance Cleland, President (574) 252-2427 ~ • • ~ ~ • • -~-e ~ •'• Name of designating body Resolution number City of South Bend Common Council Location of property South- side of Brick Road, 1/2 county Taxing district mile East of Ma flower Road St. Jose h German Description of real property improvements and / er new manufacturing equipment and 1 or ESTIMATED research and development equipment (use additional sheets if necessary) .Start Date Completion Date Construction of 11 single family homes in Real Estate ' 7/1/2008 7/1/2013 Jade Crossing, Section One New Mfg Equipment N/A R 8 DE N/A - -.•. •-. Number retained Current number Salaries Salaries Number additional Salaries -0- N/A N A N A N NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the Real Estate Improvements Research and Development Machinery Equipment COST of the property is confidential. Cost Assessed Value Cost Assessed Yaiue Cost Assessed Yalue Current values 26 , 200 Pius estimated values of proposed project Less values of any property being replaced N A Net estimated values upon completion of project 1, 815, 000 ~g'~~ ~. Estimated solid waste converted (pounds) Estimated haz rdo s''~v -~ Sifed (pounds) ~, 3 Other benefits: - ` ~-- 't ~~ Cl~ ` _ I h by certify that the representations in this statement are true. _ Signature ffauthorized pre ati ,s ~~ ~ i / L Title President, Date signed (month, day, year) leland Homes, Inc. /~~ •~~~ , ~ • ~/ ~ A ~' %// ~ ~ (v , Y -•rT '+yT ~q ~ r W ~' z3 1 '~ E r ~.~-r f_ t , fa~fx ~ A~19~~;u1 a., The undersigned owner(s) of real property, located within the City of South Bend, Hereby petition the Common Council of the City of South Bend for Residential Real property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-i, et-se .and Sou~Ji Berd Municipal Code Sec. 2-76 et sea., for t`?is petition states the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance ofthe project (use additional sheet for long project descriptions); Construction of 11 sin le famil homes includin sewers water mains storm sewers and retention basins aloe with ublic streets sidewalks and li tin 2. Estimate the dollar value of the construction project (do riot include land cost): $ 1 518 000.00 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following indrvidual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commsssion): Lzterest 1\Tame Address Cleland Builders 1117 Lincolnwa West Mishawaka IN 46544 Dvvner Vacant land, South side 4. The commonly known address of the Property is: of Brick Road South Bend IN and having tax key no.: See Attached Sheet (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s} is attached hereto, marked Exhibit `A', and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s} is attached hereto, marked Exhibit `B', and is incorporated herein. 7. The current assessed valuation of the properly before construction is $ 26 200 00 (see attached sheet) (use additional sheet for multiple addresses}. (This information may be obtained from the St. Joseph County Assessor's Qfr'ice 235-9523) 8. Photographs of the Property, taken within two (2) ~~~eeks of the filing of this petition, are attached r=ereto, marked Exhibit `C', and incorporated herein. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): 2006 - $1 034.78 2007 - $1 034.78 (This infornation may br obtained from the Si. Joseph County Treasurers office 235-9533) i0. `JVhat is your best estimate of the after completion market value ofthe property: $ $1 815,000.00 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. 1.~LSi Q~~`Iei 2litlcipate`,~. puJ11c fii1al.C4i~ for ills prQ]e;:t, LLici.1~C11Ilg a V aSSi~~an2e i'J ne SOUght Qr already a•~Ltlrorizea `sLYoug11 *~lle United States ~epartmert of ~~ous~rlg and '+Jrban L'evelopmert nlnds from t'_ne City of Soctli Bend, So~1th Bend :riousing Authority, Dousing Assistance i}ffice, St. Jcseph Ce~lnty Reusing Cer~sorti~1lr. er other public fIr_ancial assists~rlce, i:~cludi:<g b~~t net lSrnited to ;public ~~~erks improvel~lents. 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of irr~provements or other fac~ors which have impaired values and prevent a normal dsvelopn:ent of the property: Pro~ertv has be°n used as a gavel pit has also been farmed and used as a renta~rertv B'ue to srlrcundin~ commercial/industrial nothmu has been done to unorove or a grade this parcel. 14. 'The current use of the property is Vacant land ar<d the current zoning is Residential (use) and A (height and area). (This information maybe obtained from the Building L`epartment 235-S553) 15. The property is located i_n the followir<g Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): 16. The following person should be contacted as `ine petitioners agent regarding additional information and public hearing notifications: Name J. Bernard Feeney Lan Feene ~z Associates Inc. Address 715 South Michioan Street City, State, Zip South Bend Indiana 46601 Telephone 574-233-1841 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Com.*non Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, detenri_ne that the qualifications for a residentially distressed area have been met, and confirm such resolution. Name of Property Qwner(s) Cleland Builders Inc. (Signs e) Lance 3. Cleland, President .(Typed or printed name and capacity} ~1~~'l~ ~€1 ~~wl''~'~ ~'$fil;8 v~L _. ~,.r.r-~ ~ r. n^P~,f'allT :f11ATA~' ~ F~ ~ 1Pi 3.35`19 i3."~ it l~l l~r - J x. ~. n :-a s i ~ ..y i ~ °., ~~s zoo~r 'it•A~~~~ Lflrl• ## ADD~~~ 'TAIL ~~~~ # Ass>~ssa~D '~AY_.iJE'~'TIDI~i zoos ~A 'AID iPA~ 32 $86 Lot 1 Lot 77 4441 Jade Crossing Drive 4406 Ashard Drive 25-1013-020748 25-1013-020924 $2,200.00 $2,000.00 $86.82 $79.82 5 ____ . $79.82 _ 95 0149 83 Ashard Drive 452? 25-1013-020930 $3,800.00 - $149.9 . Lot . 95 0149 Lot 84 Lot 87 _ 4532 Ashard Drive 4430 Jade Crossing Drive 4607 Ashard Drive 25-1013-020931 ~ 25-1013-020934 $3,800.00 $2,100.00 0 00 $149.95 _ $82..87 98 $74 _ . 082.87 93 $74 Lot 88 Lot 90 4601 Ashard Drive 4523 Ashard Drive 25-1013-020935 25-1013-020937 . $1,90 $1,800.00 . $71.03 . $71.03 27 0126 92 4513 Ashard Drive 25-1013-020939 $3,200.00 $1?.6.27 __ _ . Lot 03 071 Lot 95 4411 .~~shard Drive 25-1013-020942 $1,800.00 $71.03 . Lot 98 Lot 100 4321 Ashard Drive 4309 Ashard Drive 25-1013-0?.0945 25-1013-020947 $1,800.00 $1,800.00 $71.03 $71.03 $71.03 $71.03 -n -: , ~ A _ C 7 ~r~~ '- C~ a , ~ : ~ ; ,,, 5 -~~ ~-~ , ,~ a z ~' ~ m EXHIBIT `A' LEGAL DESCRIPTION Lots Numbered 1, 77, 83, 84, 87, 88, 90, 92, 95, 98 & 100 as shown on the recorded Plat of Jade Crossing, Section 1, recorded Apri12, 2004 in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 0415098 e~ f ~~~~~° ~ ~ t~~~8 Cil^r3 ~, .~ ~~ ~ 3 ~~U08 ----~,~ ~- .~ CCt't r1;. .. i al I I 3~a~ E~R~ I e~~~ i '~S Qas~j ~ ale j ~~~ '{r..Cr C:aKe I ~ ~ ~ ~ ~ n 'Cnr..CS- x~Fa. I stcncrr n. Je vcrn. av.4 l s I anuE.; :x.o ' ~_ _ __ + b1 -Vy .~~-.~.- .~ . _ . _ . _ a L 11:+:1 r ~:C :O I _. " ~ ~I I I f ~ C:;T ~ _~ ~. ~ I ~ a I^ I I sl & f! I Isere, .: ~ /~ i - I + = I + __-' _____________3 iRl I i 8 FI a I -m~ I I I s euw'+9- t l '6 I l rO'm d0 e~ I -- i i I r .3 I I __ I I I I I I. l i l _ rl i u I I I __1 i sl ~ F.XHIBI'P "B" JADE CROSSING SECTION 1 RAR1 OP i~E NCRirIwESi OUaRI:R Of S;CiION 21, iCWNSHIP 3B NGRTH, RANGE j ~i$i, CIN OF $OUiH BE`!0, CERA/AN 'OWNSHIP, $f. JOSEPH COUMtt, INDIANA. i ~ i I s I q ~~_ I ° 44 I 0 $ asa I g & + $ ~ e ~ 4 a m ~ ~ i I er i ~~~ I I ~ I ~.-_-. i ~ BAICR AOAD _ _ ~ndPln ant Cr I.( KYti.r ~- '4Witi `f :(:'Cr 1+ 3 e9'e/':!' [ 11,19 el.^ . - ~ __ ~' _ .. _ .. r------------ + + z I sl loom. 91 B I ~ I L•~ J I 1e rY I_____________~ I I = I , i a I i i ~ + _ ~ .~i/ r-- ~ ~-------- i / I ~ ~ , I ~, ' ~-~ / r ~ I i~ ~ ~ ~ i I I ~------------ I1/~ /.I j ~' / ~S' o' 90' IW' r9p' CVI~( u fIU1R tom rAC 9UdM v r1 Crrp4D ~FM le u' O+OeO etµ1NG s w~11 le t Ctlf.1 NGIC Sum a IMSCxi m.os a mm ' uu lea rf lsv'SSt ermu w9s u )O ao )+1r lea w rnln c er3ru n+s' C1 70m )+1f 71.11' 31~7J 1e C 90'01+1 70 C3 04150'38 RECORDED ON 04/02/2004 03:20:45F'M TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: f23.08 PAGES: 2 ---- . ~, ~~ ~ "--~ _ +' ;Ul '~- 3 2008 J'Y ~_ ,r '. _. r9196 -_._.__._-___ IILY710 ®• 3' unrrr tASaat m . ).s' vtc(mnw vuwr a un.~n uwlEw9 m . +o' vretn a eawur luert[~rna EASE9(I(9 m • ro' ultm us~M O~ lY fI11DfC )nMaf ueC m • A[iC119OM EASOtIIf ®. Scn [.tSC3pr Is[ onK n+a vatTl (dtDGfEp i0 Yll( Ce(SSef. rrfi[ONEAL +adnl9nrq It14WCC 0. 1/+K, q5 n0. 3-ma I v wD I I rs 101 i 6 ~ ~ ~ , ~ 1 ao ~ R I I f - •-I------J g -- ~ '~'-- g --- I>~1PD Ce. 3i'ij. - ., --~ -- --r----- - I OJti I I I E I I 7 I IQ I ' e I ~ 3 I I I I S11'J _____ I wJ9+EF PoiM?E S+.BdN+SCM __I __ __ _ _ . ~ _ _ 11CM SEC:tOU dME f0uup ~ ~rs1A. ,4 SSwe+t I +e I I I 11 +6 I I 1 I I I , --- ---1-------i --- L ' •-- I e/r --- cxen .a.rE oe. so __T____-~_--- I I 19 ~ 10 i 21 1 Carp. iwn.r a Aa.eclslN. IM.I - )Ie: Yeyn sw sw. e.~a w .Nor Rwr 0111 e3>-rNr Yahoo! Maps - 4298 Ashard Dr, South Bend, IN 46628-6159 Yahoo! Maps - 4298 Ashard Dr, South Bend, IN 46628-6159 ~A~~~~ LocAL Moos YxH~r ~ Silver ~~, springs ~ ~w z ~_ ~ '-: 4 ~o a r ~ __ ~ 6r'~k1~' n - Br~k Rd ". t`i~ic3 CaOt~ Ut ~.. a c Glenn '~, ~ ~ Y _ At;~.ia PI ` Qak Ar P o, (7~~~~W a x ~ " ,i ryr n ~l!iaR: Y ~ 31 C1~YeJa ~ RY.haidson Ur G ?~~d ~ .r++........ a " t~ r - a 7 ~ N ` f~irrtitz sky ... ~~Ti' 54~ m ~~a 10D{? ft S.Yahoo 1009. Data''. NAVTEQ2008 When using -any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. http://maps.yahoo.com/print?ard=1 &v3=0&.intl=us&&mvt=m&tp=1 &stx=&clat=41.73669&clon. 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'' J t ,"L . , t :4 .Y ~ •1 r r -. • ~~y . ~ r r;r ~ T 1+~ ~ r ,, .' ;~ ~ ~ .y r r-rC ~ it r5 r fv' Yd r ( ' ~ ' ~ ~ i . e / ,~ _ ~y r rr J•' ,.. .~ r:; d ... • t 1y . ~ !` ~.r_ '. i' ,..1 `^"r~ .R..r~r'i' t _31R. .+.r ~~r.-.G~~f_i....f r. :'''^.-_ .. .. :... ii-7" ~ ".. _ .., __, _" - fJf ZIgIHX~ COUNTY--CITY BUfI,DING 227 W JEFFERSON BLW. SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LLTECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER August 5, 2008 Members of the Common Council Council Chambers 4`h Floor County-City Building Dear Members of the Council, ~~~11 No, o~ ~~ In accordance with the procedure for the renewal of City Business/Occupational licenses for the operation of Scrap Metal/Junk Dealers/Recycling Operations, renewal applications for six (6) businesses were submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department. Also submitted, were applications for two (2) new businesses (LKO of Indiana and Schrock Aggregates), both of which are located on sites previously licensed and used for this purpose. The properties were inspected for Fire Code violations, environmental violations, proper maintenance of the premises and areas outside the fences, the height and condition of the surrounding fencing and, compliance with record keeping and security requirements. All applications received favorable recommendations from all departments. As the applicants have met all of the technical requirements of the ordinance, the attached resolution is being submitted for your consideration. I will present it at, both, the Committee meeting and the public hearing. Please contact me at 574-235-5912 or cclark@southbendin.gov, if you have any further questions. ` Sincerely, Charles E. Clark License Auditor, City of South Bend --~~ I vni 35,1rl~ ~6rQ~~ AUG - 6 2008 dGfi*7 E~UG~?CE CifY CLEr~`~C, SU. EEF:~J, IN. C~ ~ ,6'c, JANICE L. HALL ,JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFOIL~fATIONTECHNOLOGY RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2008 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE. WHEREAS , Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on August 5, 2008 the City Business Licensing Auditor provided written notice to the City Clerk that the following businesses had been approved for Scrap Metal Dealer, Junlc Dealer, Valuable Metal Dealer and Recycling Operations Licenses for the 2008 licensing year; and LKQ Self Service Auto Parts, 1602 S. Lafayette Blvd. Schrock Aggregates, Inc., 1702 N. Bendix Dr. . Shapiro Sales, 2920 W. Sample St. South Bend Waste Paper, 1519 S. Franklin St. . U.S. Scrap & Recycling, 1700 W Washington St. U.S. Scrap & Recycling, 1610 Circle Ave. U.S. Scrap & Recycling, 2014/2016 W. Washington St. U.S. Scrap, LLC; 1420 S. Walnut St. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Business Licensing Auditor's communication to the City Clerk dated August 5, 2008: LKQ Self Service Auto Parts, 1602 S. Lafayette Blvd. Schrock Aggregates, Inc., 1702 N. Bendix Dr. Shapiro Sales, 2920 W. Sample St. South Bend Waste Paper, 1519 S. Franklin St. U.S. Scrap & Recycling, 1700 W Washington St. U.S. Scrap & Recycling, 1610 Circle Ave. U.S. Scrap & Recycling, 2014/2016 W. Washington St. U.S. Scrap, LLC; 1420 S. Walnut St. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Member of~the Common Council ~Igning ofi tYi1s 6i11 14 only to .provide an oPPortunity for public he~.r~r-,g arty! Council action on itus issue.. AUG _ 6 ~~Og `~J~l` lea- ~~-°`~ ORDINANCE NUMBER AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EASTNVEST ALLEY SOUTH OF CALVERT STREET FROM OLIVE STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART OF HIGHLAND PARK ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with 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 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: THE FIRST EASTNVEST ALLEY SOUTH OF CALVERT STREET FROM OLIVE STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A ;~ISTAfdCE OF 1 i6 FEET AND A WIDTH OF 12 FEET. BEING A PART Oi= t-flt~l-1LHlVD Pfyl{K ADDI I ION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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 Ill. The following property may be injuriously or beneficially affected by such vacating: LOT I'yC.~l`:~BER 252, KE`f NUMBER 18-8100-3810 AND LOT NUMBER 253, KEY NUMBER 18-8100-3809. SECTION IV. The purpose of the vacation of the real property is: THE. ALLEY 1N QUESTION IS A PAPER ALLEY AND THE OWNER OF THE SURROUNDING LOTS WILL BE ABLE TO DETERMINE ANY DEVELOPMENT OF THE SITE. 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. Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock .m. ~--- Member of the Common Cou ~ it E(gn(ng Dfi ~'n(s bil! i~ enly fo p~cvfde an oppcrtuniiy i _ ~ r =b;ic hearing and council action an this issue. City Clerk Approved and signed by me on the o'clock .M. day of 2 , at t s. ~:E~:Di~'G ~~ 1,~~X PUBE.C: f;wA~;lNG 3 rd READ;;~G NOT AP?~t:;'~~C-D REFE2R'ED PASSED Mayor, City of South Bend, Indiana ~~~~~ i~ ~~e~~'~ ~~t~~~ JUL 3 0 2008 CtTf C!.s".r"ctiE, r`•`, cr'r~i~~~ ~'~. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETSJALLEYS} TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: August 4, 2008 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: fast Half df the first East West Alley North of Delaware and West of Philippa B. THE STREET DESCRIBED AS: NAME (signed 8~ printed) ADDRESS ~o ~ n C Co ~ ~' `~ ~~`t`~ ~il~d i~ ~i~rEc';~ ~~f~~~ JUL302008 ~cf~F~ vao~D= I Ci'iY CLEf;~f, S0. SEhD, lPI. RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 LOT # 252/253 CONTACT PERSON (Sj NAME: Kenneth P . Fedder ADDRESS: 53600 North Ironwood South Bend, IN 46635 PHONE: 574-272-2870 ~ ~ 1 R150,0' 18..8100-3805 18-8097-3690 18-8103-3913 18-8103-39i 4 18-8100-3806 18-809 691 18-8100-3807 18-8097-3692 18--8103- 15 18-8100-3808 18-8097 3693 18-8 033916 18-8100-3809 18-8097-3694 1$ 103-3917 ~ i 6 ~=~ 12' ALLEf TO BE VACATED 18-81003810 18-8097-3695 18 103-3919 18-8100-3794 18-8097-3696 18-81003793 18-8103-39 0 18-8100-3792 18-8097-3698 18-8103-3921 ~+ ~t.+ ~ 18-8103-3922 ~ 18-8100-3814 ~, ~ •Q° ~ ~ ~ 18-81003815 1 &8097-3700 ~ 18-8103-3923 ' I ~ 1 ~ ~t1 ~j~l't4 ~ ~ _ ~ 1 ~- LEGAL DESCRIPTION: ~~ VDORDE• CITY CLEi~IC, ~A• gEtvD, lN. THE ALLEY TO BE VACATED iS THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM OLIVE STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART OF HIIGHLAND PARK ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. William A. Ross Rev. Trust of WM A Ross 2005 South Olive South Bend, IN 46613 Randall Flanagan 57200 Clona Court South Bend, IN 46619 Albert Vanderhegghen 1905 S. Philippa Street South Bend; TN 46613 Elizabeth Nemeth 11-7-98 2009 S. Olive Street South Bend, In 46613 Jim and Dorothy A. Vanderhegghen 2013 E. Philippa South Bend, TN 46613 Cathy Miller & Donald Burkett 1917 S. Olive South Bend, IN 46613 Cathy Miller 1917 S. Olive South Bend, IN 46613 4000 Group LLC 703 West 16`" Street Mishawaka, IN 46544 Joseph S. Panzica 8124 York Road South Bend, IN 46614 Daniel and Joann Popielski 2402 W. Calvert St. South Bend, IN 46613 Madou Home Rentals LT,C 54579 Chalmers Drive Osceola, In 46561 ~iZ~~ ~~ ~1~c~.'~ ~~ti~e ,~L 3 p 2008 aat~ca v~o~oe g~FlD, SPi. CITY CGrrtC, sC. Daniel H. Pfeifer* Richard Z^J. Morgan Jeffrey J. Stesiak Douglas E. Sakaguchi 'Bnnrd Certified Trial Adoonite Kenneth P. Felder o{Counsel August 4, 2008 ~ei~e~L•,orga~. ~. ~tesiak ~_~.,._.___~_ ,~._,_ _.... __t~,__. _....__ .~_.-_. _ ____.. Members of the South Bend Common Council 4th Floor -County/City Building South Bend, IN 46601 Anne B. Klosowski Kathe J. Snodgrass Susan M. Seagrove Sherry A. Money Paralegals Re: Alley Vacation THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM OLIVE STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART OF HIGHLAND PARK ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Dear Member of the Council, The undersigned represents John C. Cocquyt of 703 West 16th Street, Mishawaka, IN, the owner of the members interest in the 4000 Group, LLC, a limited liability company. The 4000 Group, LLC is the owner of ten (10) lots located on Olive Street, between Delaware Street and Calvert Street in the City of South Bend, 1N. It is their desire to vacate a 12-foot paper alley located north of lot number 252, key number 81-8100-3810 and located south of lot number 253, key number 81- 8100-3809. This is a paper alley. It is their intention to consider a further development of the #en (10) lot area. Currently, on several of the tots north ofi Delaware Street there is an existing building being leased. And there is an existing building south of Calvert Street, which is also currently being leased. It is their desire to consider a development of the remaining tots, which could include a new building on Olive Street. Very Truly Yours, KENNET P.FEDDER ttor at Law ~i~~~ ~~ ~t0~k';~ ~~~m~~ J U L 3 0 2008 I'C'Y Gzi_i`, ~___._~`:,~ltg, -- 53600 North Iron~a~ood Drive • South Bend, Indiana 46635 574.272.2370 South Bend 574.271.4329 Fay www.pilawyers.com i31G CouNrr--CITY LL'iLDI*,c 227 V'/. JEFFERSON BOL'LEV.4RD SOUTH BL•ND, INDIANA 46601-IS30~ CITY OF SOUTH BEND STEPHEN J. LiJECKE, MAYOR QAR~ GF 1~U~LIC ®I~ILS 7uly I4, 2008 Mr. Ken Fedder 53600 North Ironwood Road South Belld, Indiana 46635 PFIC~E 574/ 235-925 F F.~x 574/ 235-9171 TDD 574/ 235-5567 RE: Alley Vacation -East Half of the First East-West Alley North of Delaware and West of Philippa (Preliminary Review) Dear Mr. Fedder: The Board of Public Works, at its July 14, 2008, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division -and the City Attorney's Office. 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. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. Once you pickup the radius map, proceed to the City Clerk's office for your alley vacation packet. . Sincerely, --~..~ y~ -~ JCtr4~"L---~. )•linda M. Martin, Clerk c: Robert Sanders, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. 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I ~ ro I m i "' "t m In ~ `; I n I ,~ " ~'' ' ~'~~ . , ~ ~ < _80 1 ; , 1 I ~ 1 1 , ~ ~ ~ ~1 r~~ M-; '~ ~"n I ~ 1 I , y~4.~ ~ I w.. l Q9 . ! 67 ! 44' 3 9 3 3 3 - 54 1~. 1 k'rT lNT~~-OFFfC~ ~~R~(~RAN®U~~9 ~~AR~ ®F PU~LI~ ~~(€~ TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department ~ ~ . Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Only FROl+~: Linda M. Martin, Clerk RE: Request for Recommendation -Alley Vacation Location: East Half of First East-West Alley North of Delaware Street and West of Philippa (Preliminary Review) ®ATE: June 13, 2008 ®UE: July 8, 2008 FAX Oft E-PlIAIL TO: 235-9171 / Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COIVIi'~ENTS ~ RECO~~YtImNDATIONS: ~/ ~ t , //!'mil iti/1~O71/l~l ~S'7?li/i1i1Jd7i/ /6-1/~Z~ll~~1'Gf ,J/1 .f-t-~ ii~~~L-f%V BY: ~~~~ ~j ~~j DATE: 05/16/2008 09:40 542357536 SOUTH FEND POLICE PAGE 06/10 1NYER-C?FFICE ~IEEVI®I~A~DUIl~ ~~AI$~ CF PIJ~LIC ~CRI~S T'®: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9613 fax} Jeff Gibney, Community & Economin psvelopment Chris Dress®I, Community & Economic Dev®lopment Bob Mathias Community & Economic Development Federico Rodriguez, Fire D®partment Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin~nisource.com or 264-2220 fax) T=or Informational Purposes Onfy FROM: Linda M, Martin, Clerk RE: Request far Recorttmendation -Alley Vacation Location: East Walf of First East-West Alley North of Delaware Street and West of Phili pa (Preliminary Review) DATE: June 13, 200$ DUE: July 8, 2008 FA3C 4R E-MAIL Td:, 235-9171 I (martin .southbendin.slov RETURN RECOMMENDATION PAGE ONLY, P~TTACFiMENTS NOT REQUIRED. c01~MENTS ~, Rf~cpMMENDATrONS: O BY: Received Time Jun, 16. 7:46AM INTEL-®FFICE R~I:M®~AI~®Ult~ 13~A~® CF PUBLIC ~l®RI<S TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob.Mathia, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(cr~nisource.com or 284-2220 fax) For Informational Purpo§es Only FROI'JI: Linda M. Martin, Clerk 1 RE: Request for Recommendation -Alley Vacation Location: East Half of First East-West Alley North of Delaware Street and West of Philippa (Preliminary Review) DATE: June 13, 2008 DUE: July 8, 2008 FAX OR E-MAIL TO: 235-9171 1 Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: G o .~ 1~ cs x- e, h a 6 ~~ f.-~ ~ ~ f' n `~'~ .~ ~ , .! ~y~.~- of to :', S ~ ~ c~ ~ x,;~ :~~. ~.k•~. Grl. BY: C ~7~~~.~,, DATE: ~ / ~`~ ~h~ 07/G3/2009 09:04 FP,X Ii~TER~®FFICE P~iEMi~I~AN~U~ ~®~-~~3 bP FU®LI~ W4Rf~~ T0: ~ 002/002 Carl Llttr~ll, Engineering Departm®nt John 6y rni, Area Plan Commission (235-9513 fax) Jeff Glbn y, Community & Economlc D®v®lopment Chris Dr ssel, Community & Economic D®velopm®nt Bob Matf{~ia, Community & Economic Dev®lopm®nt Federico Ftodrlgu®z, Flre D®partment Andr® Pr ce, Solid Waste Stephen ~aen, Police Departm®nt • Cheryl G(eene, City Attorney's Office Jlm Bettirtt, NIPSCO (irbettinCa?nisource.com or 284-2220 fax) For Informational Purposes only FROM; Linda M.IMartin, Clerk p RE: Request or Recomm®ndatlon -All®y Vacation Locatlo :East Half of First East-West Allot/ North of Qel~v~taCe S~rea>: and West of Phili a ,(Pr®Ilml ary Revlaw) DATE: Jun® 13, 008 DUE. Julv 8, 2008 FA?(O~i E-MAIL TO: 236-8191 / Imartln .southbsndln.~oy RETURN RECOMME DATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. Pr16110.dCA1T@ 4. OCfti /1R EAC0.11'1ATIf\AI G'• 1.~~ ' 1 i BY ~ ~._ DATE: ~' ~L~ ' ~ Received Time Jul. 3. 9:11AM Ares P6~n ~~rnmissi®n ®f St, J®s~ph ~®un~y 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 July 8, 2008 The Board of Public Works 13`i' Floor, County-City Building South Send, Indiana 46601 RE: Alley Vacation East Half of First East-West Alley North of Delaware Street and West of Philippa Dear Board Members: The staff has reviewed this petition. 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 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. Staff recommends that the alley be vacated subject to any further utility or access easements recommended by the Engineering and Building Departments. Sincer/~el/y~, iffy'/i~L ~yu~s Mark Lyons Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~ ~' Page 1 of 1 lathy ~aniei~ - fie: Fwd: ®op~-ali~y ~acati®n-n ®f d~lawar~ v+r of philippa From: Andre Price To: Cathy Daniels Date: 7/9/2008 7:06 AM Subject: Re: Fwd: oops-alley vacation-n of delaware w of philippa will not afFect trash collection. »> Cathy Daniels 7/8/2008 9:43 AM »> see attached, your response has not yet been received. Thank you file://C:\Documents and Settings\CDANIELS\Local Settings\Temp\XPgrpwise\487463815... 7/9/2008 Inc, ~~~rn~r mss®c®ates, Inc. MICHAEL J. DANCH, L.A. Land .Surveyors .Professional Engineers RON HARNER, P.S. Landscape Architects .Land Planners ~~ll iJo. ~ °8 July 15, 2008 Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for alleys located are described as the first east-west alley north of Indiana Avenue from the west right-of--way line of Lafayette BIvd. to the west right-of--way line of the first north-south alley west of Lafayette Blvd. for a distance of approximately 178 feet; and a width of approximately 14 feet; and the first north-south alley west of Lafayette Blvd. from the north right-of-~vay line of Indiana Avenue for a distance of approximately 416 feet, and a width of approximately 14 feet. Part situated in Stull's 1St Addition to the Town of Myler, 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 (2) Two 14 foot alleys located north of Indiana Avenue and west of Lafayette Blvd. The reason for this request is for the City of South Bend to develop a One lot Minor Subdivision, this is for the Transpo relocation project. The City and the Petitioners believe that vacating the above mentioned right-of--ways will not have a detrimental effect on the adjacent properties located along this portion of Indiana Avenue and Lafayette Street. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. File #080105.2 7-15-08 GlT`i G(.~F::.~ku. ~^f 1643 Commerce Drive South Bend, IN 46628 office 574/234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 208 West Mars Berrien Springs, MI 49103 once 2691471-3010 ^ Fax 2691471-7237 ~1~~~- ~~1 ~Il;l'~L'~ (~~~E~B Gilt - 5 2008 ------ ,~ President Danch, Harper & Associates ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO VACATED ARE DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF INDIANA AVENUE FROM THE WEST RIGHT-OF-WAY LINE OF LAFAYETTE STREET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY .177.84 FEET ; AND A WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST NORTH-SOUTH ALLEY WEST OF LAFAYETTE STREET FROM THE NORTH RIGHT-OF-WAY. LINE OF INDIANA AVENUE FOR A DISTANCE OF APPROXIMATELY 416 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 ALLEYS TO VACATED ARE DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF INDIANA AVENUE FROM THE WEST RIGHT-OF-WAY LINE OF LAFAYETTE STREET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY 177.84 FEET'; AND A WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST NORTH-SOUTH ALLEY WEST OF 7.AFAYETTE STREET FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE FOR A DISTANCE OF APPROXIMATELY 416 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 y ~~ rights are released by the individual utilities. } ` 2 SECTION III. The following property may injuriously or beneficially .affected by such vacating: Tax Key Number 18-8005-0230 Tax Key Number 18-8005-0229 Tax Key Number 18-8007-0351 Tax Key Number 18-8006-0349 Tax Key Number 18-8006-0344 be SECTION IV. The purpose of the vacation of the real property is to allow for the future Development of Transpo relocation project. The proposed project will use the proposed vacated right-of-ways. SECTION from and after Mayor. V. This ordinance shall be in full force and effect its passage by the Common Council and approval by the Member ' of the Common Clounc~- 6igning of this bill is only to provide an opportunity for public hearirg end Council action on this issue. 1st R~ADlNG 6 'L 1~~6 PUBLlG HEAP,lNG 3 rd READ(N~-, NOT gppROy~ P.EFER~D I~A~~ F~i~~ €;? ~`~~;1't'~ ~it~C~ it' ^nn ,l~,cld VOd(v1~ CITY CLt:r"rK, ~0. 3ci~iD, ti`!. PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: JULY 15, 2008 OF THE CITY OF SOUTH BEND, INDIANA I (WE}, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEYS TO VACATED ARE DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF INDIANA AVENUE FROM THE WEST RIGHT-OF-WAY LINE OF LAFAYETTE STREET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY 177.84 FEET'; AND A WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST NORTH-SOUTH ALLEY WEST OF LAFAYETTE STREET FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE FOR A DISTANCE OF APPROXIMATELY 416 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, 18-8006-0349 Dept of Redevelopment 18-8006-0344 1200 County City Building Sout Bend, Indiana 46601 For City of South Bend, Dept of Redevelopment ~i~~d to ~f~rk'~ ~~f~c~ AUG - 5 2008 a~w~i vflofio~ CfTY Ck.ct~i., 50.5Ehl~?, !N. (2) CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 ~it~~ Irt ~{crK'c C~~ric~ AUG - 5 2008 u.i~'i3 ...4~~.~ ~IT~ OF SOUTH BEND BOARD OF PUBLIC WORKS TO: BiII SchallioI FROM: Linda Martin, Clerk ~, SUBJECT: Alley Vacation -Part of Former Eckler-Lahey Site DATE: 7/15/08 The Board of Public Works, at its meeting held on July 14, 2003, meeting, reviewed the above referred to request and gives a favorable recommendation for vacation. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Ton~Molnar at extension 9254 prior to picking up your radius map. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. FF~~Ia ~l'I ~~`~l`~~'~ ~~tC~ p;i(; - 5 20Q8 { ~r . ;'~~ iz`~. i1 ~~Tf ~d ~ ~~ o ~~ ~;~ ~ ~~ d ~ U GLv ~~ ~~ i ALLEY VACATION SURVEY ORDERED B Y: City of South Bend G o tJ T,~GT; SURVEY DATED: 7/9 /08 PROJECT NO : 08010 PART OF THE NORTHEAST QUARTER SECTION 13, TOWNSHIP 37 NORTH, RANGE 2 EAST 2 5 . . PORTAGE TOWNSHIP. Cf1Y OF SOUTH BEND, COUNT`( OF ST. JOSHPH, INDIANA g(LC~ ... - ~i f-{- ~ t' ~- (~ ~•- . ~ 1Oi° . i I ~iC~Ie BRAADXAY (74.2b' R/lf) ~ ~~ // tm ~ 6/e RB ~ •.N ~ v! N !0'74']D" E 3432' Y ~~{{ R uH ltetae' q ~ r ~ 4P. ).P~ \F-. t/2 HE ' i . (HELD) ) ( \ 1D (H ~{p. RR. SPIKE , ~. ~ w 10• b ~ ~ ~ ~ g lOT 30 .'. ~ IOT N LOT 12 ler 11 T7 ]iV c '; ~ LOT M am , -~:,:1 _ _ i .C ~~~ `J~J Wr Jb ~ .4• A' tEY ~ _ ~ Qt :4' AL1£f m 0~ t m ~ l ~~ .. . . O L ~ / ' FROPOSCD ~' ~ 1 urt w v wr n Ls n E ~r ( 3 (ra cal q \~ ~ I s . . - - Qp gi LOr ]] WW tDr M . ' ~ ~. V 1 I~ ;~ ~ , Ldr ~! ~~ 1Df 11 ~ 1 . ~ ~ "rv. C~' . . I 1 . Lnr m .~ un' eo ~ " , . 1 ~ ~~G 1 un >s Y` . ~ C\ / t , IOr n .. ~ LOt y ~ U 1 tDf !i ~`~r`: . t ~ ~ Lm ee . `I .~ ~ t: '>= Board l01 A LOr T n / T 1 41 I ~{ ° ~ am Te a w Lm u LOT !e ~ ` I / 6{ . (telm q peecr !1 . II 1 1 ~ ~ ~ 1 ® ALLEY TO BE VACATED ~ 4 w ~ I ~ ~ ~ ~ 0 100 t 200 30D Y i j I r e ~ ti~ ~ / 1 SULE t' ' 100' h R UNE ln+E _ R_ _ ~ ~ M [ Y W ~ $ C/L INDIANA ~ (60.00' R/1I) o L SO o o a o ~ t ~ ~~' t R lW \ ' R Danc Harner~Aesoctatefl, ln~ Land Surveyors Professional Engineers "~ Landscape Architects• Land Planners Office: (574)234-400] / (800)594-4003 • Foz: (574)234-4119 164] Commerce Drive • South Bend, IN 46628 S `~ ~ C ) ':a ~ 0U! i ~ 1 ;" 4 _L7 i j ..~ v 1~'~ ~-y ? ~ ' c~ ~..z ~ Q ~} ~ V Public Works ~ 4 2008 5/8 RB HEIR) . , +NE I - I ~ ~1 ~~~a~ 4~~.~~' ~~~ ~~' (tatb' n rc/w unc t'"'"•' "`-p. 3/4 LPG ~FD. R.R. SPIKE ~ ~ (H ) r 0 ~ g In:.so ' ~ LCf as ~ . . r. ~ . w z ' - . ~ . • ~ DLO' J ~ •r:' _ I jy~. ~T~' LoT as 'j., LQi3a ~' • ~ . ~. ~ ~ / wr a7 7 ~ :; ~ • . s .. ' ~ tm ~ ~ O~ • / PR 8' ~ V • OPOSED ACAI+ON , ~ - LOT 47 ~ LA. 37 . IIIC S8 LO. a?, 1 1 I LOC i8 •fJ •y ..: v:~tdT 33 i ~ 1 . :~ v.,' ~V '=' UJf SO J ( '`~ ~ ID: 34 l~'t I . ~.', .- .~.:, -`•` ~ Y I ~; as , y .. ~ LOT st - .,~ ~ ' . ~ 1 ~- lj. . . EI ~I .. 5 I lOt 36 tl ~ ~ ~ ,_ ~ ~ ~ . i ~` . . . . . . . . . . o SI ~ ~I d » l0: Si ~ =tom LOT 38 I 1 1 1 1 ALLEY TO BE ~ VACATED I _ ~ - ~1 0 1 100 ~ ~ e r ~ I SCPiE L` - L00' 1 I/ .I t - DSO t •On. .\` ~~ OO +t ~ t I ` .... .. 1 ~ l ( / ~?a J ~.a ~~ ~ / ~~ ~Es ~•• ~ ~ ( ~., i ' ~ '~ 113 ~'~ e ~,_ :>s ~ ,~ ~ o ci ~ } ~ U I ~c z cr = p w ~~ / f ~ ~ ~ i i ~ w z R LIP 0 - o 0 I .n 0 I / 0 0 ~ 18-8007-0351 LEGAL DESCRIPTION: \ THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF LAFAYETTE BLVD. FROM INDIANA AVENUE NORTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 390 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF INDIANA AVENUE FROM LAFAYEfTE BLVD. WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. BEING A PART OF STULL'S FIRST ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. 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.) JTD Realty Inc. 1502 Lafayette Blvd. South Bend, In 46613 Tax Id: 018-8005-0230 3.) ls` Source BankCity 1401 S. Main Street South Bend IN 46613 Tax Id: 018-8005-0229 4.) Ridge Company 1535 S. Main Street South Bend IN 46613 Tax Id: 018-8006-0351 _~ h ~ 4~ ~ ~ ~~~ ~~ ~~~k:~~ ~ ~~f~~ ~1.,C ~~ Nom..--^ f ~Ou8 o~~~~~~r=i~~ c~~~~~~~®~~ ~E~A~T~ENT ®E ~l9~Ll~ ~"JO~F~~ ~IVI~I®N ®F ~~l~I~l~ERIP~~ T®: Linda Martin, Glerk Board of Works I'R®f~: Tony Molnar SUBJECT: Alley Vacations ®AT@: July 10, 2008 Please find attached a map showing two additional alleys that need to be vacated as part of the TRANSPO relocation project. Community and Economic Development owns all of the surrounding property so I feel that the normal review by the other City agencies is not required. Because TRANSPO was moved a considerable delay has occurred and any time we can save with the vacation process will be a big help to them. Any questions, please let me know. Thanks, Tonv F:IDATA\SHARE\EN GINEER\WPDATAImemoboard.wpd ~an~~, earner ~~s®~Aa~es, Any. MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON I'IARNER, P.S. Landscape Architects ^ Land Planners ~~~ll ~o, ~lY-~q Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 July 31, 2008 RH: Annexation & Rezoning Petition for Stadium Place Developers for property in the 54700 Block of Burdette Street and Rezoning for property in the 1800 Block of Vaness Street, South Bend, Indiana: Dear Council Members: Our client is requesting the approval of an Annexation and Rezoning to the "PUD" Planned Unit Development District Classification for their property located in the 54700 Block of Burdette Street and property in the 1800 Block of Vaness Street, South Bend, Indiana. This Annexation and Rezoning. is to allow for the construction of three residential buildings within a proposed Planned Unit Development. Our clients hope. that the Council will approve the requested Annexation and Rezoning request. They believe the requested rezoning would fit in this established neighborhood area of South Bend that contains a-mix of residential type land uses. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, ichael J. Danc President Danch, Horner & Associates File No. 080178 "C" Md. ~C9 ~s"3 '~``~~~ ~'~:,~ F€~:- a:E~ ~. ~l,~G - 5 2u~~~ ~;;c~~;~, `r~c:~,ce CO. B~~&0, lt1. 1643 Commerce Drive South Bend, IN 46628 ostce 5741234-4003 ^ 800/ 594-4003 ^ Fax 5741234-4119 208 West Mars Berrien Springs, MI 49103 office 269/471-3010 ^ Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, JOHN ROY (PETITIONER) 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.77+/- acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100$ of the owners of the land in the territory sought to be annexed. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION & REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR LESS- FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 82.65 FEET MORE OR LESS; THENCE WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WE5T, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL 22. (REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANESS STREET, 5A4.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR 2 LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 1.83 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described Parcel I as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate in Parcels I & II, with the exception of all adjacent rights-of-way, is hereby established as "PUD" Planned Unit Development District, in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approved by the Mayor, and legal publication. l wls A- . V ~ t~. S~ 1 ~~~_. Member of the` Common Council Attest: City Clerk 6igning of this bill is only to provide an opportunity for public hearing and Council action on th+s issue. Presented by me to the Mayor of the City of South Bend, Indiana on the Day of , 2 , at O'clock _. M. City Clerk Approved and signed by me on the Day of at O'clock .M. 1st READING b '~ l-`fib PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED 2 , Mayor, City of South Bend, Indiana PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in. Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1). We are the owner(s) (hereinafter "petitioners") of a parcel of land more particularly described in Exhibit "A". 2). Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is .signed by at least (CHECK ONE): X a. one-hundred percent (100) of the owners of the land in the territory sought to be annexed; OR b. fifty-one percent (51$) of the owners of the land in the territory sought to be annexed; OR c. the owners of seventy-five (75~) of the total assessed value of the land for property tax purposes. 4). The property sought to be annexed and rezoned is located at: 54700 Burdette Street South Bend, Indiana 46637. 5). That the name and address of the property owner(s) of the petition site is: Stadium Place Developers, LLC 822 Main Street Lafayette, Indiana 47902• (765) 429-4044. Property Tax Key Nos. 02-1106-5383, Property Tax Key Nos. 02-1106-5389.01 6). That the name and address of the contingent purchaser(s), if applicable, is: N/A 7). Parcel I, the property to be annexed is 0.95+/- acres in size and currently has the following use(s) on it: Single-family home. Population (1). Parcel II, the property to be rezoned 1.83+/- acres in size and is presently in the City and contains a Buildings under construction. 8). It is desired and requested that the petition site be rezoned: Parcel I.: (Anticipated Build-out year - 2009) From: "R" Residential (County Zoning) To "PUD" Planned Unit Development District 2 Parcel II.: (Anticipated Build-out year - 2009) From: "MU" Mixed Use District To "PUD" Planned Unit Development District for the following uses: Residential Planned Unit Development as allowed under the "PUD" Planned Unit Development District Zoning classification. 9). The following information has been submitted with the Petition: a). 1. A legal description of the property, titled as Exhibit nAn. 2. A list of names and addresses of all property owners, along with the tax key numbers for all properties, within 300 feet of the petition property; 2a. 17 Copies of site plan. 3. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. b). By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to annex and zone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to its former zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. 10). The signature(s) of all property owner(s), or Attorney for all property owner(s). Signed: /~ ~'" Tom Troeger for Stadium Place Developers, LC 822 Main Street Lafayette, Indiana 47902 (765) 429-4044. 11). Name, Address & Phone Number of Contact Person/Preparer: Danch, Harner ~ Associates, Inc. C/O Michael Danch 1643 Commerce Drive ~f1~Q ~'~ ~~()'~~~ ~i~i~~' South Bend, Indiana 46628 (574) 234-4003. AUG - 5 2008 JO'siN VOOROE . GIT'f GLEHI~, B0. BE~!D, lid. EXHIBIT "A" ANNEXATION LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 82.85 FEET MORE OR LESS; THENCE WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT-OF-WAY. LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION PARCEL I THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 249.60 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 129.80 FEET MORE OR LESS; THENCE EAST, 246.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.88 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION PARCEL II THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT- OF-WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANESS STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 1.83 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. gip,. ..._.. ~,~.e-• ._...-.~.~_.s.... r. € iii!(; - ~ /C~~ ~ Gil":' C4:c'~, ~t~. ~'.~1`~, `:?1. ~ - ~~< ~.~....~..,,,,.,.._._._r..._~.~ _..__~ Property Owners Within 300 Feet ~~}~ - J %v't) i a _ ~.~ Jo'riPi L~Cfl~'4~c CITY CLEe~~G, ~~. rr~'~~, d'~:`. Willis Street Townhomes LLC Stadium Place Dev LLC Glenn & Kaye Blossom 19468 Blue Oak Ct 822 Main St 20 Lyndale Ave Noblesville, IN. 46060 Lafayette, IN. 47902 Staten Island, NY 10312 Tax Key # 002 1106 5380 Tax Key # 002 1106 5383 Tax Key #.002 1106 5384 Stadium Place Dev Inc Robert A Howland Jr Zolman Tire Inc. 822 Main St 54739 Willis 18255 Vaness St Lafayette, IN. 47902 South Bend, IN. 46637 South Bend, IN. 46637 Tax Key # 002 1106 538901 Tax Key # 002 1106 5390 Tax Key # 002 1106 539101 Salvation Army Campus Shoppes LLC Campus Shoppes LLC 510 S Main St 22700 Crenshaw Blvd Suite 123 22700 Crenshaw Blvd. Ste. 123 South Bend, IN. 46601 Torrance, CA. 90505 Torrance, CA. 90505 Tax Key # 024 1106 539710 Tax key # 024 1003 056601 Tax Key # 024 1003 055603 AIMCO Turtle Creek LP Stadium Place Developers LLC Stadium Place Developers LLC 191 N.Wacker Dr.Ste. 2600 822 Main 822 S Main Chicago, IL. 60606 Lafayette, IN. 47902 Lafayette, IN. 47902 Tax Key # 024 1003 0565 Tax Key # 002 1106 5395 Tax Key # 002 1106 5394 Stadium Place Developers LLC Stadium Place Developers LLC University of Notre Dame Du Lac 822 Main St 822 Main St 910 Flanner Hall Lafayette, IN. 47902 Lafayette, IN. 47902 Notre Dame, IN. 46556 Tax Key # 002 1106 539301 Tax Key # 002 1106 539302 Tax Key # 002 1106 5393 Stadium Place Developers LLC University of Notre Dame Du Lac University of Notre Dame Du Lac 822 Main St 836 Grace Hall 836 Grace Hall Lafayette, IN. 47902 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1106 5389 Tax Key # 002 1106 539201 Tax Key # 002 1106 539202 University of Notre Dame Du Lac Thomas Chapleau University of Notre Dame Du Lac 836 Grace Hall 472 Capricorn Street 836 Grace Hall Notre Dame, IN. 46556 Brea,CA. 92821 Notre Dame, IN. 46556 Tax Key # 002 1106 5392 ~ Tax Key # 002 1106 5387 Tax Key # 002 1106 5386 Stadium Village Homes LLC Stadium Village Homes LLC University of Notre Dame 1212 Walnut 1212 Walnut 824 Grace Ha{{ South Bend, IN. 46619 South Bend, IN. 46619 Notre Dame, IN. 46556 Tax Key # 002 1106 5388 Tax Key # 002 1106 538101 Tax Key # 002 1106 5381 Adam & Jozefa Zdanowski Robert A Johnson Jr./ Jean Rinehart University of Notre Dame /Angel 9321 Laurence St 54666 Ivy Rd Miller Allen Park, MI. 48101 South Bend, IN. 46637 824 Grace Ha11 Tax Key # 002 1106 5377 Tax Key # 0021106 5376 Notre -Dame, IN. 46556 Tax KPV # (1(l~ 11f1R 5:~7~n1 University of Notre Dame Angel Miller Willie & Pamela White Willie & Pamela Harris 824 Grace Hall 54693 Burdette 54693 Burdette St Notre Dame, IN. 46556 South Bend, IN. 46637 South Bend, IN. 46637 Tax Key # 002 1106 5370 Tax Key # 002 1106 537202 Tax Key # 002 1106 5372 Connie_L Haley 54673 Burdette South Bend, IN. 46637 Tax Key # 002 1106 5371 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 5382 Edward C Wolfe 711 Brockmoore Lane Bloomfield Hills, MI. 48304 Tax Key # 002 1106 5362 Irish Crossings Development LLC P.O.Box 248 Lafayette, IN. 47902 Tax Key # 002 1106 5367 Irish Crossings Development LLC P.O.Box 248 Lafayette, IN. 47902 Tax Key # 002 1106 5379 Irish Crossings Development LLC P.O.Box 248 Lafayette, IN. 47902 Tax Key # 002 1106 5374 Jean Johnson Revocable Trust 54703 Willis Street South Bend, IN. 46637 Tax Key # 002 1106 538401 Irish Crossings Development LLC P.O.Box 248 Lafayette, IN. 47902 Tax Key # 002 1106 537901 Kevin &Kristie Sandor 52266 Lookout Pointe Cr Granger, IN. 46530 Tax Key # 002 1106 5368 Kevin &Kristie Sandor South Bend Brookhaven LLC Salvation Army 52266 Lookout Pointe Cr 380 Union St. Ste. 300 510 S Main Granger, IN. 46530 Springfield, MA. 01109 South Bend, IN. 46601 Tax Key # 002 1106 5375 Tax Key # 024 1106 539712 Tax Key # 024 1106 539714 ANNEXATION I .........................~........ ~- I ., Z :...................................: I rn ?; I 184.64' A ~ :b O t ~ 0 z ~ • m II .............................................. f I DIAGRAM R/W LINE 60' RL__ r 47., ~ A'~ ~ ~ a• ` ~ ~, ~ c~;~ ~ ., ~ ~,, ~'~ z N"<< -5~ ` ~'~ ~ ~n ~ I souTH o o •,• 12sso ~ I ;~, -~ ~~ I i~r c"`i,l`'j~~ ` ~ k~, .~ L5, ~_ . .(„;~, •~~ ~~ J • 1> ~. II I 1 i ~ ~1> ~~ I `~y}_ :A 'i ~ I I ~ R/W LINE c ~ C L ~fILLIS AVENUE ~ 60' R ~P -~ -- - Z --- -- - - m l / I R W LINE A ~ r ~1~4>~ ~0 t'.~BTii'~ ~i`~1i8 Z `" LINE CHART AU G - 5 2008 ~Z ~ ~v~ ~~~'_`~ scnLE )'= I oo' i Danch, Harper drA~~oc tee, Inc Land Surveyors Professional Engineers '~ Landscape Architects • Land Planners orr~e: (s~s)z~a-aoo3 / (eoo)s9t-aoo~ Fez: (574)2]a-4119 16f3 Commerce Orive South Bene, IN !6628 LINE BEARING DISTANCE L-1 NORTH 82.851 L-2 WEST 60.00! L-3 NORTH 46.701 ~ Q . ~, ~. August 6, 2008 City of South Bend i ` Common Council 227 West Jefferson Boulevard, Suite 400 South ABONMARCHE South Bend, IN 46614 Confidence By Design RE: Vacation of Public Rights-of-Way Part of DeRue Court 8~ Part of Lot AA of the Hall of Fame 8~ EN~wEERS Chocolate Cafe Minor Subdivision ARCHITECTS PLANNERS Dear Honorable Members: SURVEYORS Please accept the attached petition and ordinance as our firm's written 750 Lincoln Way East request, on behalf of our client, the City of South Bend Department of South Bend, IN 46601 Community and Economic Development to vacate the following T. 574-232-8700 described public rights-of-way: (1) the east 12 feet of -DeRue Court from F. 574-251-4440 Jefferson Boulevard to the north line of the south 13 feet of a 30 foot www.abonmarche.com ingress /egress easement located within Lot AA of the Hall of Fame 8~ Chocolate Cafe Minor Subdivision, Exhibit B-1 attached; (2) and the south FORT WAYNE, IN 13 feet of said 30 foot ingress /egress easement from the west line of the BENTON HARBOR, MI MANISTEE, MI east 12 feet of DeRue Court extended to St. Joseph Street, Exhibit B-2 SOUTH HAVEN, MI attached. Please refer to the attached location map for the areas to be vacated. The Department of Community of Economic Development is in the process of redeveloping Lots 38, 39, and 40 in the Original Plat to the City of-South Bend lying contiguous to the proposed vacated right-of-way and ingress/egress easement into a hotel and parking facility. The vacated real estate is needed for the planned development of said lots. The City Board of Public Works considered and approved both the vacation and easement releases within these public rights-of-way at their July 28th meeting. If you have any questions or comments regarding this vacation request, please contact our office at 232-8700 or Jennifer Laurent, Economic Development Specialist with the Department of Community and Economic Development at 235-9336. We appreciafie your time and consideration on this request. Sincerely, ~it~d (fl CI~Ci~'~ C~$~1~~ ABONMARCHE CONSULTANTS, L.L.C. L ~ siL" Aug - 6 2aog Derek J. Spier, AICP Planner cc: File M8-0554-132 aorri vo~~a= CtT'l C~irR;C, 5Q, p~Ft~3, IN. Jennifer Laurent, Economic Development Spe F:\Projects\M8-0554\Public Right-of-Way Vacation LOT- for merger.doc ORDINANCE NO AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST 12 FEET OF DERUE COURT FROM JEFFERSON BOULEVARD TO THE NORTH LINE OF THE SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT PER INSTRUMENT NUMBER 0365811 AND SAID SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT FROM THE WEST LINE OF THE EAST 12 FEET OF DERUE COURT EXTENDED TO ST. JOSEPH 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: A PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT NUMBER 38 OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY, OF SOUTH BEND, INDIANA; THENCE SOUTH 89 DEGREES 45 MINUTES 18 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT 38, A DISTANCE OF 128.29 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 17 MINUTES 45 SECONDS EAST, ALONG THE EAST LINE OF DERUE COURT, A DISTANCE OF 198.04 FEET TO THE SOUTH LINE OF LOT 40 IN SAID ORIGINAL PLAT; THENCE SOUTH 89 DEGREES 45 MINUTES 03 SECONDS WEST, ALONG SAID SOUTH LINE EXTENDED WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 45 SECONDS WEST, PARALLEL WITH THE EAST LINE OF DERUE COURT, A DISTANCE OF 198.04 FEET TO THE NORTH LINE OF SAID LOT 38 EXTENDED WEST; THENCE SOUTH 89 DEGREES 45 MINUTES 18 SECONDS EAST, ALONG EXTENDED NORTH LOT LINE, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.055 ACRES, MORE OR LESS; AND A PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 38 OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY, OF SOUTH BEND, INDIANA; THENCE SOUTH 89 DEGREES 45 MINUTES 18 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT 38, A DISTANCE OF 140.29 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 45 SECONDS WEST, PARALLEL WITH THE EAST LINE OF DERUE COURT EXTENDED NORTH, A DISTANCE OF 13.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 18 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID LOT 38, A DISTANCE OF 140.26 FEET TO THE EAST LINE OF SAID LOT 38 EXTENDED NORTH; THENCE SOUTH 00 DEGREES 24 MINUTES 52 SECONDS EAST, ALONG SAID EXTENDED EAST LOT LINE, A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.042 ACRES, MORE OR LESS; SUBJECT TO ALL COVENANTS, RESTRICTIONS, AND RIGHTS OF WAY OF RECORD. 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 riot 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: LOTS 38 THROUGH 43 IN THE ORIGINAL PLAT OF THE TOWN, NOW THE CITY OF SOUTH BEND, INDIANA, AND LOT 43A AND AA OF THE HALL OF FAME & CHOCOLATE ' CAFE MINOR SUBDIVISION. . ~, , ~ . Section IV. The purpose of the vacation of the real property is VACATE A 12 FOOT WIDE STRIP OF DERUE COURT, 40 FEET IN WIDTH, AND A 13 FOOT WIDE STRIP OF AN INGRESS EGRESS EASEMENT, 30 FEET IN WIDTH, FOR THE USE AND BENEFIT OF LOTS 38 THROUGH 40 WITHIN THE ORIGINAL PLAT OF THE TOWN, NOW THE CITY OF SOUTH BEND. 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. r_`""` Member of the Common Council / ~lgnln$ o~ ~iT~ Slt T3 ~r,?v ~~ prn~.-;r e Attest: an opportunity fcr p~:i;li~ t;ea~ir,a and Council action on this issue. City C{erk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ~ , 2 , at o'clock . m. Approved and signed by me on the o'clock . m. D~N~ S ,i ~-~~' ~ sf RAP HtiAR~' ;`' pU611~ ~ ~~ NOjRA~ ~ ~~~D REFERRED P A~SED City Clerk day of , 2 , at Mayor, City of South Bend, Indiana Fite to Gt~xt~'~ ®~si~~ AUG - 6 2008 Jo~°!N `~f0oRflE C{Tl CE.~4~K, S__ DAD, tPd' PETITION TO VACATE PUBLIC RIGHTS-OF--WAY {STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: August 6.2008 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNIrR(S), PETITION YOU TO VACATE: A. 7HE ALLEY 1 INGRESS 8~ EGRESS EASEMENT DESCRIBED AS: The South 13 feet of an Ingress-Egress Easement 30 width in width shown on the Hali_of Fame S~ Ghocolate Cafe Minor Subdivision (tnstr. #03658111 from the West line of the east 12 feet of DeRue Court extended north to St. Josegh Street. B. THE STREET DESCRIBED AS: The East 12 feet of DeRue Court 40 feet in width from Jefferson Boulevard to the North line of the South 13 feet of an Ingress/Egress Easement 30 feet in width shown on the Hall of Fame 8~ Chocolate Cafe Minor Subdivision (tnstr. #03658111. NAME (signed 8~ printed) ADDRESS City of South Bend, Redevelopment 1200 County-City Building, Autho South Bend,lN 46601 Do a .Inks, irecto (Si ned) City of South Bend, for the Use 8~ Benefit of Its Department of Redevelopment Dona E. Inks, Director Divis~n of Econbinic elo ent (S fg ned) 1200 County-City Building, South Bend, IN 46601 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDWG SOUTH BEND, IN 46601 574-235-9221 ~c~~~ ~ AuG - s 200$ J~St~( <<~~t=~~'~ ~I~, c~.~~~, :~~l~~~~, Ita. LOT # AA Halt of Fame ~ ChocotateCafe Minor Sub. (Instr. #0365811) 38 through 40 Original Plat of the Town, now the City of South Bend (Plat Book 1, Page 1 ~ 2) CONTACT PERSON (S) NAME: Derek J. Spier, AICP ADDRESS: 750 Lincoln Way East South Bend, 1N 46601 PHONE: 574-232-8700 NAME: Jennifer Laurent, Economic Development Specialist Department of Economic Development ADRESS: 1200 County-City Building, South Bend, IN 46601 PHONE: 574-235-9336 ~G ~ 1 ~ - - t ~s f - r ,.;~ ~~ ~ ~'~ °'~ .~ ~w ~, } ~`~~ T to • .. ,. .. .r ~ 1Y~ .1 i~ ~~~ { ~iF~ - (~ i ~i. ~1 ~ _ ~ = ,,, t~~ ~~ . r ~^ ~.-• :# ~ ~~il. ~f 2r Syr I1A•. ..-~ ~~ •# ~r # ii ,i,f -i.+.Y ~ i fit. ~ # ~~~ ~+i c.~ y. ~`1~ RiR _'~ '~, }4 ~.4 ~f' l ~ it , ~/ # ,3 ,t. 1-+~' ~ 7_~{„~ i~~~~ .. ~ s.. ~r..d~+4,w. i .,~ Its.-:.s. a.-......~ -; .q _ ~/~1r :... , ~ l~~-:. .~..o..t' . k z~kr~~ i ~j ~C1`4t~1a1 `. f4.w,r: ~1' z~"~. s. .~". _ ~ i •_ - 4._ 'liY1~~:. ;._,i + ~, Y_y~ ~ >~ arJ •, ~ 1 ~~t 1 ti: t 15 t.r.~?~t~s~i~~,~ ";. 1 ~:11~1 .~,~ ~ -r ,fir y. y _ .r<'~-. ~ t~ 4 y.w _ (k7,i to +171 r. 13 l~ ~'r .. #R •' r .. ~ I `°°°~` a~~i¢~ `d~~~~~ GEYY CI.~F~'~+ 5~. S~hl~, l~6. EXHIBIT B-2 P ~. SOUTH EDGE OF PUBLIC NPLOOGP ~ MNpC~ Sub' SANITARY SEWER EASEMENT ~ (AS SHOWN ON INSTR. #0365811) GNpGp~P~ ~ \ ~~ ~ _ _ _ 30' WIDE PUBLIC INGRESS & EGRESS EASEMENT -_~ - ~ ~S SHOWN ON INSTR. #0365811) ~} ~ ~ - ~ N89°45'18"E ~^ 140.26' ~ N ~ I ~_ ~ ~ N I ~ p' S 0 A V C T~ 1 N ~I - ~ ~ - -I ° ~ . _- - - _- S89'45 18 ' W 140.29'- - - -_ ~ ~°on ~ ~~ II ------=~_ o ~I ~I~ ~I\ wo ~~ ~ v a~ 0 m .a N v m 0 z 0 z m x x w la z 0 a a m `~~. ~~•1 W. e~9/f'i'i = STATE OF - =, iy gyp- :' ~ ~ ,, ~ ~, tr. . Imo' ~ '~~~~I' ~'A,``~~ O ``~~ 'AY, y ~~i ~ ~ ~ ~ ~' p , S ' ~ R v ~ ` ``~ ~~ AARON W. BLANK, P.L.S. DATE PROFESSIONAL LAND SURVEYOR #LS20200020 STATE of INDIANA RIGHT OF WAY DESCRIBED AREA 0 15 30 60 SCALE 1°=30' ~ .LEGAL DESCRIPTION ~® ABONMARCHE CONSULTANTS, L.L.C. p A PORTION OF PUBLIC ' ~ INGRESS & EGRESS EASEMENT 75o Lincoln way East Fort Wayne, Indiana ~ Pre ared for Cit of South Bend, p y South Bend, Indiana 46601 (574) 232-8700 Benton Harbor, Michigan Manistee, Michigan , ~ Community and Economic Deve{opment FAX: (574) 251-4440 „ W by Abonmarche Consultants of Indiana, LLC. ° .(Job #M4-0379) ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES S CALE: 1"=30' 1 DATE: 06/16/08 DRAWN BY: JLM CHECKED SY: j LOT 38 ORIGINSOUTMAB'END CITY OF SURVEY BY: PRIOR BOUNDERC NSULTANTS AEON DA~p 05/15/06 P.O.B.-' ` Sheet 1 of 1 I- w w rn 2 W 0 AUG - 6 2008 .}u~a vC~:~'S G!'YY G~F.ni`., SJ. ~±i:c?, f%a. LEGEND / R/W L1~ S~NITARYD SEWER EASEMENT E~:H 1 B I T B-1 Sheet 1 of 1 -~ (AS SHOWN ON INSTR. #0365811)- - - - - 30' WIDE PUBLIC INGRESS & EGRESS EASEMENT I /~ ~~ (AS SHOWN ON INSTR. #0365811) N89°4 '18"E ff 12: 0' S89°45'18"W 128.29' - - ~ ~ - -I- -' i - - - - - a ~rfi;~Swst;' $~~i~:4t-~~s.C1°i LOT 43A I I 1 ~- -- ~~~~~~ G"~~ ~ i~~ & 1 ~ - = P.o.c. OF FAME J NE CORNER HA CHOCOLATE I ~ ~ P.O.B. LOT 38 2008 CAFE MINOR SUB I I / A~G - 6 i ----~ 2800' - ~ /~ I I I / iLOT 38 Ct1°°1 O~a:~, ~0. GIs?;:?, i~. LOT 43 ~ I ~~ ~ i I ~ I~ i I I II ~ I ~ I d- II ~I~ i IOR BOUNDARCONSULTANTS `J QQ',~~~1STE,pFo ti~~~ ~ ~ II'/ ~ Pp,gONMARCHE 05/15/06 _~ I ~ I a, ~ Ir ~ DATED' _ * ' LS20200020 LOT 42 I F- I ~ ~ I / / = STATE OF - P.~ I ~ I ~ i[) /LOT 39 ORIGINAL P ~7H %i ~,9°•;~Dr~pt,~•~`~~-~~: ~,~~~''''~ rs'URV~`````~~. ~ ~ ~ ~ ~ CITY BEND N ORIGINALS TH I ~ I o CITY BEND ~ ~ ~I / / I ~ I z cn lr ~ ~ I o I I ~ - - - - I L - -Ii' .~ ~- - - AARON W. BLANK, P.L.S. DATE ~ I I i PROFESSIONAL LAND SURVEYOR #LS20200020 I I ~ I~ / ~ STATE of INDIANA I ~ ~ m I I ~, LOT 41 a I LEGEND LOT 40 `g ~ ~\~ R/W RIGHT OF WAY o I I m I I ~ ~ DESCRIBED AREA W I---28.00' ~~ m ~ I I °' -J L- ' ------- 3 - - R/W S89'4 '03"W R/w 12.0' ~ 0 15 30 60 40.00' ~`~ m ~ SCALE 1 "=30' ' W JEFFERSON BOULEVARD = m ~ LEGAL DESCRIPTION ~~ ggONMARCHE CONSULTANTS, L.L.C. A PORTION OF DeRUE COURT 75o Lincoln way East Fort Wayne, Indiana Prepared for City of South Bend, South Bend, Indiana 46601 Benton Harbor, Michigan a Community and Economic Development (574) 232-8700 Manistee, Michigan by Abonmarche Consultants of Indiana, LLC. ~ FAX: (574) 251-4440 5 J (Job #M4-O379) ,ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES <' SCALE: 1 "=30' DATE: 08/04/08 DRAWN BY: JLM CHECKED BY: '~ i:iih L.O1,NT1 -C.iTI' Si'I LL)P<G .~J ~5.~.~E.FEERGUN LL~OULE\'.5YS7 .MOUTH LEND, INDIANA k6601-1.830 CITY" OF SUU`i'H BEND STEPHEN j. LUECKB, 1MAYOR ~o of Pull! ,~r Wo~.~z:~ 1 HCItiL ~j'~ !! "t3~-9.7.5 t TI]D 574/ 23 5-5567 TO: Jennifer Laurant FROM: Linda Martin, Clerk ` fY~~`. SUBJECT: Alley Vacation -Portion of DellZue Court and Access Easetuent ®ATE: 7/28/08 The Board of Public Works, at its meeting held on July 28, 2008, meeting, reviewed the above referenced request and gives a favorable recommendation for vacation. Please note, the Board corrected the alley name to DeRue Court, rather then Woodward Court. However, please address the following items: - Ownership of the land, if any, by the College Football Hall of Fame; - Bond restrictions. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Ton~Molnar at extension 9254 prior to picking up Your radius map. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. GARY A. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER rr . J 52 -'~ ~ =__<~ p-l002 0 ~ ' _ ~7~D 44.03 ~ `A7 9 ~' ,r~~ ~ m COLFAX 205_/2 ¢73.45-•- '%:»+ ". ~._r_s ~; 3474.01 ;:?~~~° '" ~ ;~ 4 ~. 91 - ~ ~ - / 30 18 ~ , u! ~t 'i~- ':~r 8-3091 : ~ 3474.02 ~ ~ ~ ~,,,~~ ;.i Pf. -8474.01 •~ `. / sr ~ ~ • ~ IA-3474.05 N . , ' ~ 19-3091 ~- ~ ~ ~~ u N~Y ~ -~ C H~.~, - ~ {A- 0013.01 „=,'N yy,1_aar4 W.oaoa -0015 •oo 8°3QE?f' `` ~ ~ -ar7r7 . ~:< !G5 -BLVD. ~~'=z. -0047 x-0048 4 _ ,55-0044 -90 ~~~ ~ -Oo5f ',r3 tt-0032 g 0531;,51 "" 0 m S.E67,4 -oaSG- o m• ~ 7 I! fd ~ 014.5 A. a O B I~_80Q3 _ ~ roa.9 - ~ o -crass ~ 4 ~ c 9 ~ o~ ia8.4 oY 44 Q'1-aa4~ 41`#~ 9 .I r ~ V r~n.00CaG ~°i~ o - Tv u o o I$-5t~05 ~ ~ ~ 4 /4G.7~ Q1 = 2-0048 I cc I - ~ Q 3 18- .004 03 7 Q r ( 1 tv ~ t "1 4(t - 23 2~• ~ - I rdo. ~ a 4 ° ~ ~ r 1 ~~ ~4 E - t 921 ~e ~ d uJ t !74 41 44 45,5 45.5 . 35.;3 50.77 64 _ _ !35 mar- -~--U.S.2O -~"d zT o oootoz r ~ ¢p I s° ~ lye i /~ Is-5ool V t9 V rv ~~ ~ "T~ ,~ 10 -0001.0/ ^ 39.93 18-3088 ~3 „ '~~ ,/~ A A % `'~Fe 3474.04 ~Q~ ~] . ~~'Jo g 4 a FISH LADDER E HYORO- 's 4A , ~ EIECT, PLANT `i=q 8 A~' ~ ~ ~ _9411 942.57 ~ ~}-_ r \ , 137.7r \'o\ ELEVATE ~`T ,,,WASH/NGTON~, tiA~KwA YAN ti n ST s~ 95 pj44 -3474.05 m 19_3091 w ~I FII t3 98 u -0004 = 18-3001 ~ t 2 =u p~rOT O o 95 ~n /EFFfRSON~ ~ ~BLVO, m 54 /~~ /a5 B5 a ..~47 3 z ` i48= •- `y 49 0 -0057 ~ I `~` K.5 I ~~ ~ , 5D-0o59 ~ ,~ I 1 a 51 u ~ +- ~2 ~ I ~ PP~~Pos~ .~ ~,~~o wo~~ , 0 431 dA I/6r.7 fiY Lam. ~ =I ~~J~~~1~ ~, j 4--1 .- N r f. 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Ems. ,cG~rG?r --o -Q\~;>, A.53 "' -F'~ t ~ "° 2ja ~j ~~ ~O \\d. 8 ~9p 4~ ~ ~+ "~ 1 a ..a !:i~.." ~~/~~ ~ ~ -'~ .x r ;J`w: , 111'-~~~y~ / ,"~~~ ~ VV ~ ~~ ,. j y i ~-c ~ ~~f°~~ ~~ - _ r--- i~ Jul, 11, 2008 7:08AM BRD PUB '~"FORKS & SAFkTY INTER-OFFICE MEMORANDUM BQARD OF PUBLIC WORKS No. 2916 ~. 1~'2 T0: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (ibyorni(cD,co.st-ioseph,in.us or 235-9813 fax) Jeff Gibney, Community ~. Economic Development Chris Dressel, Community & Economic Development B.ob Mathia, Community & Economic Development .Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin a(~,nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk J Y~ RE: Request for Recommendation -Alley Vacation Location: Portion of N/S Woodward Court and ENV Access Easement at NW Corner of Jefferson Boulevard and St. Joseph Street (Preliminary R®view) DATE: July 10, 2008 DUE: JuIV 22, 2008 FAX OR E-MAIL TO: 235-9171 / Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS R RECOMMENDATIONS: „~ Yr,.~~l~r.nt~s,~ ~'~H~' ~%j.l iniSl...~~yt..i~ f'<~~«~ dF ~•~4~:r~ r~S BY: ~,,C.~••"~12~<r~~ DATE: ? fx> n~ Or/14/2603 12:09 FP~:~ gut, i i~ ~uvo ~: IJN~Y~ ~9iU ruc~ ~r~u~rtJ ~Ahl,lY INTEReO~FIGE MEMtaRANDUP~i Bt)A~RCt aF PUE3LIC V~ARI~~ ~i.002/003 No, 216 P, 1/2 4B'~: Carl L(ttr$Ii, Engina~aring Department • John l~yorni, Are® Plan Commiasian (ibyaml ~~-jg~oh~in.~~s or 23 ad9893 fax} Jeff C3lbney, Community ~ Economic Development Chris ®reeeei, Communl~r ~ Economic Developm®nt ' 9o~,Mathia, Community & Economic Development F®derico Rodriguo~, Fire Department Andre Price, Solid Waste 6t~phan t^aoen, Sogee Department Cheryl 4reene, City Attorney's Office Jim Eettin„ NIP5C0 (Jrbettin(i~lntsource.c~ or 28~-Z229 fax) For InformatlonAl Purpos®a Only FFtOlbb9; Linda M, IVlertin, Ci®rk • RE: Roque®t for Recommendation -Alley vacation Loca~on; Portion cZf N/S V~Lp4si~trl Court ant DATE: July 10, aQoe DUi=:. a2, 2008 i:AX OR E-MAIL Tp;, ' ~,~~-9171 / Imartin(~aouthb®ndin.s~Qv RETURN RECOMMENDATION PAGE ONLY. A`i-fACHMEN7S NQT REQUIRED, ~,~ ~ RECQM~I6NDAT10NS: • ~ ~i~~ ~~ BY: QATt:: t~~,- I,'~-~~- Received Time Ju1,14, 12;17PM Ju I. 11. 2000 7:06AM BRD RUB 6~'ORKS & SAFETY INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS No. 2916 R. 1/2 TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (ibyorni .cost-ioseph.in.us or 235-9813 fax) Jeff Gibney, Community 8~ Economic Development Chris Dressel, Community ~ Economic Development Bob Mathis, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ~'(`~ RE: Request for Recommendation -Alley Vacation Location: Portion of N/S Woodward Court and E/W Access Easement at NW Corner of Jefferson Boulevard and St. Joseph Street (Preliminary R®view) DATE: Juty 14, 2008 DUE: July 22.2008 FAX OR E-MAIL Tp: 235-9171 I Imartin~outhbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. BY: ~'~' ,"'~`•'l rj DATE: ~~ J ~ (Y i ~-~~-e~ ~7 ~I~[ 1 5 : i ~ CC3MMtT1V T T'Y T)E~~ET.OT?t~tET~T T T3=-F T 5^4235~Ei9'~ INTER-QF~ICE IVIEIVIC)17ANDUM BQe4RD ®F PUBLIC Vt9t~F2KB TO: Carl l.ittrell, Engineering Department John Byorni, Area Plan Commission 'b orni co.st~ ose h,in.us or 235-9813 fax) /.~eff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development ,,,,13~lt3 Mathia, Community & Economic Development erico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Green, City Attorney's Office Jim Bettin, NIPSCO (iri~ettin~u,nisource.com or 284-2220 fax) For Informational purpo9es Only FRONT: Linda M. Martin, Clerk RI=: Request for Recommendation -Alley Vacation Location: Portion of N/S ~IVoodward Court and E/1/11 Access Easement at NW Comer of Jefferson Boulevard and St. Joseph Street (Preliminary Ravie+~) DATE: Jufy 10, 2008 ~uE: July 22.2aos FAX OR E-IUTAIL TO: 235-9171 / Imartin(a~southhendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. CQ~dIMENTS Ili. REGOffMMEN//D++__ATIONS:1~ /' Q M M~ (9 (' M1 on "lam ~ ~ C T- t/~ G C h b/1 ,D ~ e C ~~~ BY: ( ',~I (~ S 1~ (~ S S e, ~ DATE: ~7 2 a O k>.a~ Received Time Ju1.23. 3:26PM ~ 07/24/2008 08;33 5742357536 SOUTH BEND POLICE INTER-OF'FtCE MEMORANDUM BOARD OF PUBLIC WORKS PAGE 01/01 TO; Carl Littrell, Engineering Iepartment John Byorni, Area Plan Commission (i_byorni aC~.co.st-ioseah.in.us or 235-9813 fax) /.1'eff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development ~6~at5 Mathia, Community & Economic Development L~FeOerico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO firbettinCcDnisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk '~`J RE: Request for Recommendation -Alley Vacation Location: Portion of N!S Woodward Court and ENV Access Easement at NW Comer of Jefferson Boulevard and St. Joseph Street (Prellminary Review) DATE: July 10, 2D08 DUE: July 22. 2008 FAX 4R E-MAIL T4:, 236.8171 ! ImartinCa~southbendin.aov RETURN RECOMMENDATION PAGE ONLY. ATTACFIMENTS NOT REQUIRED. COMMENTS $~ RECOMMENDATIONS: BY: Received Time Ju1.24, 6:39AM ,TE: 7/aY~aB' Page 1 of 1 Linda Martin -Fwd: Re: Alley vacation -Woodward Court and E?W Access Easement at NW Corner of Jefferson and St. 7 ,..r--.~.-,..° ,r.^.. ~.,~;r.~~..a .. ,t.._-,.---_---...-.. ;.+. <. ax. a.:w. r, a Fr .. .. _ -- .... _.. ~r: ..... , ,_.~ .~ -t-~. From: Jennifer Corle To: Linda Martin Date: 7/24/2008 1:25 PM Subject: Fwd: Re: Alley vacation -Woodward Court and E?W Access Easement at NW Corner of Jefferson and St. J »> Andre Price 7/24/2008 12:55 PM »> this will not affect trash collection. »> Jennifer Corle 7/23/2008 1:52 PM »> Good afternoon. I've attached a request for the above alley vacation and access easement that was sent on July 10, 2008. This is an urgent request and I hope to get your response by Friday, July 25, so the Board of Public Works can review it at their next Board meeting. Thank you in advance, Jennifer Corle Department of Engineering Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 (574) 235-9251 (574) 235-5927 (Direct Line) Fax: (574) 235-9171 E-mail: jcorle a southbendin.gov file://C:\Documents and Settings\LMARTIN\Local Settings\Temp\XPgrpwise\488882BBS... 7/24/2008 ~i 14D Cour7ty-~;ity F3uilctir'tc~ South Bor7ci, Indians 46€JO1 John W. Byorni E=xecutive Director Larry F'. Magliazzi Assistant Director r'hone 574 235-9571 wwwstjosephcountyindiana.com/areaplan Fax 574 235-9813 July 24, 2008 T'he Board of Public Works 13''' Floor, County-City Building South Bend, Indiana 46601 RF,: Right-of--Way Vacation -Eastern I2' of N/S DeRue Court, and E!W Access Easement at NW Corner of Jefferson Boulevard and St. Joseph Street Dear Board Members: The staff has reviewed this petition. 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 rTOt make access to the lands of the aggrieved person by means of public way difftcult or inconvenient. (3) The vacation tivould Trot 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. Staff recommends that the request be approved, subject to any needed utility or access easements recommended by the Department of Public Works. Staff would further note that the name of the right-of- way is DeRue Court and not Woodward Court. Sinceret , -_ ~~~ Larry Magl dozzi Assistant Director Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: ~L'arl Littrell, Engineering Department ~.dohn Byorni, Area Plan Commission (ibyorni .cost-ioseph.in.us or 235-9813 fax) /.1eff Gibney, Community & Economic Development 'Chris Dressel, Community & Economic Development ~et5 Mathia, Community & Economic Development ,.fF~erico Rodriguez, Fire Department ~~ ndre Price, Solid Waste ~phen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ~~~~ RE: Request for Recommendation -Alley Vacation Location: Portion of N/S Woodward Court and E/W Access Easement at NW Corner of Jefferson Boulevard and St. Joseph Street (Preliminary Review) DATE: July 10, 2008 DUE: July 22, 2008 FAX OR E-MAIL TO:, 235-9171 / Imartin(aysouthbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: -~ ~ ,> i _ BY: ~Q~G~J ~JG L - DATE: J~~-'`.,t,D' .'~' '' i ._._....-•-a__ *` a ~' ~ •---~ ~ r ~ I i III ~l~'~4 ~ ~'t ,._+ i M '~" .~ . ~. f j,, ~._ s x ., ... - .~_ . _ ~ r'. (~i c~ 3 ~ ~ ~i'',r y,~. ",h ~~ ~~'' :,t; s s d ^~ imi 7 to I r=a t f ~ t t ~ . , y , F a ~' ' -' ~~ ~ ~37,~ k ~. ~ r S ,~ ~ +', ~. ( ~. .~. th `:i ~Y~ ~ x '7-1~ - ~ s € 4§ ~ ~ ~, f ~.. Fr"~ ~ , f a r a ~ , - ,.... ''1 ~ t ~ ( ~ - ,T iTfi .rm.:.`. ~ k +y.~ ~:~ 1 ~ S t ~ nY .lt. rye, rq, _ Y" ~ } i .7r. 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R/w S89'4 '03"W R/w 12.0'. 40.00' ---~-I JEFFERSON BOULEVARD = _ - v N 0 3 m AARON W. BLANK, P.L.S. DATE PROFESSIONAL LAND SURVEYOR #LS20200020 STATE of INDIANA LEGEND ~R~/W~ RIGHT OF UJAY DESCRIBED AREA ~/J 0 15 30 60 SCALE 1 "=30' LEGAL DESCRIPTION ®® ABONMARCHE CONSULTANTS, L.L.C. ° A PORTION OF DeRUE COURT ~ 75D Lincoln Way East Fort Wayne, Indiana Prepared for Clty of South Bend, South Bend, Indiana 46601 Benton Harbor, Michigan a Community and Economic Development (574) 232-8700 Manistee, Michigan by Abonmarche Consultants of Indiana, LLC. FAX: (574) 251-4440 ~ (Job #M4-0379) ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES SCALE: 1"=30' ~ DATE: 06/16/08 I DRAWN 8Y: JLM ( CHECKED BY: ~.~ ~~I I E~ I ~1~ E3 30' WIDE PUBLIC INGRESS & EGRESS I"ASEMENT (AS ShiOWN ON INSTR. X0365811) ,~ ~p~ P~ PME 0 Sig. SOUTH EDGE OF PUBLIC NP~L GPF~ ~`~N SANITARY SEWER EASEMENT p~P1tr (AS SHOWN ON INSTR. ~~0365811) CNpC ~ ----- _ 30' WIDE PUBLIC INGRESS & EGRES5 EASEMENT - j - ~ ' - - - - - -~ ~S SHOWN ON INSTR X0365811) " i~ I ~ ° N89'45'18"E ~ ^ 1140.26' __ cy ~ ~_ ~ / T---- ri I / / / T cv I ~ ~ /~ /~ SHOWN ASV C E~ •-r_i~ ----- - --E- - -I o ~ _ 9°45 18 I I z fl I ~I I ~I~ I ~I\ II W ~ ~ ~ a G7 m a Q 8 m 0 z m x W m ``,1\111 11 I I I I I I!/!'' •~~~` ~~ W ~ ~~ r~~~/ ~~ PC7' ~•~~G IST~R~ ~, ~ ~G Q- o _, * _= LS20200020 _ ~ _ _ STATE OF r i '; / P.` ~'~~i~~~ S U RJ~`lo`~~ '!!11111 11 t 1111\1~~~~ AARON W. BLANK, P.L.S. DATE PROFESSIONAL LAND SURVEYOR #L520200020 STATE of INDIANA 0 15 30 60 SCALE 1"=30' LEGAL DESCRIPTION ®® AgONMARCHE CONSULTANTS, L.L.C. A PORTION OF PUBLIC ~ INGRESS & EGRESS EASEMENT 75o Lincoln way East Fort Wayne, Indiana Pre aced for Cit of South Bend, South Bend, Indiana 46601 Benton Harbor, Michigan ~ p y (574) 232-8700 Manistee, Michigan ~ Community and Economic Development FAX: (574) 251-4440 W by Abonmarche Consultants of Indiano, LLC. ° (Job #M4-0379) ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES CALE: 1"=30' ~ DATE: 06/16/08 ` DRAWN BY: JLM I CHECKED BY: ~.~~ Yi ~- - __ J / LOT 38 i/ VEY BY: PRIOR SUR ONSULTANTS AEON pgRED:E 05~15/O6 140.29" LEGEND I~ I~ ---{ _..,--~ /~ ~ w cV ~ }~ /J/ " ~N ~~ - - Oil o ~ ~._ '^ . V )~ P.O.B.-i ~ I~ o- Sheet 1 041 H W w F- 2 w O E- R/W RIGHT OF WAY ~~ DESCRIBED AREA ~G~ .1 'I BARNES &THORNBURG LLP Richard J. Deahl (574) 237-1240 Email: richard.deahl~btlaw.com 600 1st Source Bank Center 100 North Michigan South Bend, IN 46601-1632 U.S.A. (574) 233-1171 Fax (574)237.1125 www.btlaw.com August 6, 2008 Via E-Mail q~~4 ~~ f ~. ~ ~~ __ [ ~ Ms. Janice Talboom Office of the City Clerk 227 West Jefferson Room 455 South Bend, IN 46601 ~~ RE: Stanz Realty Co., LLP/Stanz Foodservice, Inc. Dear Janice: As we discussed, Stanz Realty Co.; LLP and Stanz Foodservice, Inc. look forward to discussing and requesting the Common Council's consideration of a confirming resolution for the pending Real and Personal Property Tax Abatement Petitions. We understand that the earliest meeting for the Council to resume consideration of the Real Property Petition is August 25. In this regard,. we kindly request that Stanz' Petitions for both the Real and Personal Property Abatement be placed on the agenda for the Community and Economic Development Committee and full Council meeting for Monday, August 25, 2008. Please feel welcome to let me know if we can provide you with any additional information. We appreciate your professional assistance in this matter. Very truly yours, S & THORNBURG LLP Richard J. Deahl RJD:cmr SBDSD2 R7D 377884v1 ~il~~ !~ ~i~rl~c'~ ~~i~~ AUG - 6 2008 ,EO'i~PJ V~t3nDE CITY CLERK, ~0. BEt4D, iN. Chicago Elkhart Fort ~YJayne Grand Rapids Indianapolis South Bend ~`Jashington, D.C. ~~1~ C~~. ~l-~1 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1840 NORTH COMMERCE DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (7) SEVEN-YEAR REAL PROPERTY TAX ABATEMENT FOR STANZ FOOD SERVICE, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1840 North Commerce Drive, South Bend, Indiana, and which is more particularly described as follows: Parcel I: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90° 00'000° West on and along the North line of the Southwest Quarter of said Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue; thence South 00°42'05" West on and along the West line of Maplewood Avenue a distance of 399.39 feet to the true place of beginning; thence South 00°42'05" West on and along the West line of Maplewood Avenue a distance of 409.85 feet; thence South 89°30'39" West a distance of 434.08 feet to the East line of Commerce Drive; thence North 00°29'21" West on and along the East line of Commerce Drive a distance of 409.85 feet; thence North 89°30'39" East a distance of 442.55 feet to the true place of beginning. Said tract being Lot Number 21 of the Airport Industrial Park, Phase II. Parcel II: Lots Numbered Twenty-Eight (28), Twenty-Nine (29), Thirty (30), and Thirty-One (31) as shown on the recorded Plat on the recorded Plat of Post Place, recorded August 21, 1912, in Plat Book 9, page 142, in the Office of the Recorder of St. Joseph County, Indiana. Parcel III: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90°00'00" West on and along the North line of said South-west Quarter of Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue, said point being the true place of beginzung; thence South 90°00'00" West on and along the South line of said Progress Drive, a distance of 450.98 feet to an iron on the East line of Commerce Drive; thence South 00°29'21" East on and along the East line of Commerce Drive, a distance of 403.15 feet to an iron; thence North 89°30'39" East a distance of 442.55 feet to an iron on the West line of Maplewood Avenue; thence 00°42'05" East on and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being Lot Numbered 22 of the Airport Industrial Park, Phase II. ALSO, a portion of Maplewood Avenue vacated by the City of South bend, Indiana, pursuant to Vacation Resolution No. 3466 (1977), which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right-of--way line of Progress Drive and the East right-of--way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning and which has Key Number Numbers 18-2183-6886.04, 18-2183-6832, 18-2183-6834, 18-2183-6838, 18-2183-6840, 18-2183-6842 and 18-2183-6844, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited, to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (7) seven years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Co ncil Signing cf this bi!I is cn!'r t., pr:~:i~1e . an opportunity for public I:~~~{~ing and Council action on ih~s issue. I'Kc~~~iTrD 0 `~ ~' v(/ NOT APPROVED ~il~d in G{~i`k's Ofifice APR 2 ~ 2007 }~/ /~JOrH^N(VpO^OR[~DE ^ 7 CI I f V~6Clil~ .7 V. LL~~~Vf I~. ADOPTED