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HomeMy WebLinkAboutVacate First North/South Alley East of Georgiana, First North/South Alley East of Burns StORDINANCE No. 10263 -13 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: October 28, 20 13 JOHN VOORDE Dla�Uk& Presented by me to the Mayor of the City of South Bend, Indiana October 29, 20 13 City Clerk President of Common Council JOHN VOORDE Approved and signed by me OC -TGe f'k 711 20 3 City Clerk ORDINANCE NO. 10 vC 3 -1 :3 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1). The first North /South Alley East of Georgians Street, West of Burns Street running North from the first East -West Alley South of Napoleon Street for a distance of approximately 54.5 feet to.its' termination point. 2). The first North /South Alley East of Burns Street, West of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its' termination point. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana. ! -o '.e Section 36- 1 -3 -12, the Common Council is charged with the authority tc hear all petitions to vacate public ways or public places within the City. The following Ordinar_ae vacates the above- described public property.. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as foll.,ws: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: 1) . The first North /South Alley East of Georgians. Street, West of Burns Street running North from the first East -West Alley South of Napoleon Street for a distance of approximately 54.5 feet to its' termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. 2). The first North /South Alley East of Burns Street, West of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its' termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana, hereby determines that it is -issirable to vacate s:±d property. SECTION II. The City of Scith Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, in,::luding, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lot 71 "Hartman 6 Miller's Plat Tax Key Number 018 - 5101 -3557 Lot 72 "Hartman 6 Miller's Plat Tax Key Number 018 - 5101 -3556 Lot 73 "Hartman S Miller's Plat Tax Key Number 018- 5100 -3525 Lot 74 "Hartman & Miller's Plat Tax Key Number 018- 5100 -3528 Lot 107 "Hartman & Miller's ::'.3t Tax KAY. Number 018- 5100 -3557 Lot 108 "Hartman & Miller's Plat Tax Key Number 018 - 5100 -3526 Lot 109 "Hartman & Miller's Plat Tax Key Number 018 - 5100 -3527 Lot 110 "Hartman & Miller's Plat Tax Key Number 018 - 5100 -3530 Unplatted land Tax Key Number 018 -5102 -3579 SECTION IV. The purpose of the vacation of the real property is to allow for the development of the property on the south side of Napoleon Street into single - family attached townhomes. 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. a Ell u Attest: City Mierk Presented by me to th tlayor of the City of South Bend, Indiana on the day of © , 2013, at `�tS� o'clock g. M. Cit Clerk Approved and signed by me on the Z 1 day of ��TG� f , 2013, at ! ' o'clock A .M. MAYOR, C OF ,,S END, INDIANA I si READNG PUBLIC HE;: ^ING tO-Z -k-(3 3r8 READING LO -a -13 NOi AP OVED REFERRED PASSED 0-It'-0 Lied in Clerk':- .', .... . SrP P' A P JOHP CITY CLFE,1 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 58 -13 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1. THE FIRST NORTH /SOUTH ALLEY EAST OF GEORGIANA STREET, WEST OF BURNS STREET RUNNING NORTH FROM THE FIRST EAST -WEST ALLEY SOUTH OF NAPOLEON STREET FOR A DISTANCE OF APPROXIMATELY 54.5 FEET TO ITS TERMINATION POINT. 2. THE FIRST NORTH /SOUTH ALLEY EAST OF BURNS STREET, WEST OF DUEY AVENUE RUNNING NORTH FROM THE FIRST EASTM/EST ALLEY SOUTH OF NAPOLEON STREET FOR A DISTANCE OF APPROXIMATELY 56 FEET TO ITS TERMINATION POINT Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Public Works & Property Vacation Committee. Karen L. White Chairperson, Committee of the Whole PETITION TO VACATE PUBLIC ALLEYS AND STREET RIGHTS -OF -WAY TO: THE COMMON COUNCIL DATE: August 2, 2013 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: Alley Legals: 1). The first North /South Alley East of Georgiana Street, West of Burns Street running North from the first East -West Alley South of Napoleon Street for a distance of approximately 54.5 feet to its termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. 2). The first North /South Alley East of Burns Street, West of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. NAME (signed & printed) & ADDRESS Tax Key Number University of Notre Dame Du Lac 725 Grace Hall Notre Dame, Indiana 46556 ikts Per- '�ror.,.tz' �olx For the University of Notre Dame Du Lac Lot 71 "Hartman & Miller's Plat Lot 72 "Hartman & Miller's Plat Lot 73 "Hartman & Miller's Plat Lot 74 "Hartman & Miller's Plat Lot 107 "Hartman & Miller's Plat Lot 108 "Hartman & Miller's Plat Lot 109 "Hartman & Miller's Plat Lot 110 "Hartman & Miller's Plat Unplatted land CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc 1643 Commerce Drive South Bend, Indiana 46628 (574) 234 -4003 Tax Key Number 018 - 5101 -3557 Tax Key Number 018 -5101 -3556 Tax Key Number 018 -5100 -3525 Tax Key Number 018 -5100 -3528 Tax Key Number 018 -5100 -3529 Tax Key Number 018 -5100 -3526 Tax Key Number 018 -5100 -3527 Tax Key Number 018 -5100 -3530 Tax Key Number 018 -5102 -3579 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND, � , 1 ed 5� 11 �$'�S'$ Office (574) 235 -92a' 5 k S? 2O i3 I CITY CLERK, SdU'. -ri a'ENF IP Alley Legals: 1). The first North /South Alley East of Georgiana Street, West of Burns Street running North from the first East -West Alley South of Napoleon Street for a distance of approximately 54.5 feet to its termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. 2). The first North /South Alley East of Avenue running North from the ,first East - Street for a distance of approximately point. All situated in the "Hartman and Plat Book 7, Page 29, in the office of County, Indiana. Burns Street, West of Duey West Alley South of Napoleon 56 feet to its termination Miller's Plat ", Recorded in the recorder of St. Joseph Filed in Clerk's Of icY } n13 4 JV,J F CITY CLE€' BEND, IN e W -.2:. LOT. 3 fled in Clo'?rkFi ofx,, �'- I clTrcLFe;,;,• >1;; VACATION DIAGRAM 9 4C NAPOLEON (t ' - --F- LOT e - 5102 -3579 U I 9.2 p5 P..S 29 W ^' :09 LOT XISTING PUBLIC ALLEY I � tan w LOT 21 9 LOT 31 88 e _ ry 5 $P50'ID' w 22 0-21 a LOT 30 " IB• W r LOT 23 e w 24 ..... c... ,n .. LOT, 29 .` W LOT 25 018-5102-3579 9O ]T W T g,3 gL,• Y0 \�..:07.J sR Lw LP 7 T u•— : 21 �P. _0 _ N _ e .i L�It iO 0 eS5lBT00 . oa 21 :2 _, 8 8 : - 8a R' ' � „ BL0OLnP I 9 eO '1 1 50 98 ' m Z Vraa - •” ] � l ^ 8 — l-- 2 15 5 z l — 8 We iti EXISTING., PUBLIC ALLEY LOT SLPOA7 '1 8 ..�...Wa. L ux .o w ' �: ' a • j& e sx +_nS 5 v O i .2o• 17 T 8 L OT $ 4 Alley Leoals LOT LOT w' LOT 1) . The first North /South Allay East of Georgians Street, West of Burns Street running North from the first East -West Alley South of Napoleon Street for a distance of approximately 54.5 feet to its' termination N Point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. 2). The first North/South Alley East of Burns Street, West of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its' termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph /�(. //� County, Indiana. S/itf'1 C Seale 1" =100' Dank, Horner &AeeacQate6 Inc. Land Surveyors Professions( Engineers Landscape Architects. Land Planners Office: (5]4)234 -400) 1 (BW)594 -400] Fox' (574)234 -4119 1 fi43 Cemmerce Onve SouN Oen4 rN 46628 _ N _ e .i L�It iO 0 eS5lBT00 . oa 21 :2 _, 8 8 : - 8a R' ' � „ BL0OLnP I 9 eO '1 1 50 98 ' m Z Vraa - •” ] � l ^ 8 — l-- 2 15 5 z l — 8 We iti EXISTING., PUBLIC ALLEY LOT SLPOA7 '1 8 ..�...Wa. L ux .o w ' �: ' a • j& e sx +_nS 5 v O i .2o• 17 T 8 L OT $ 4 Alley Leoals LOT LOT w' LOT 1) . The first North /South Allay East of Georgians Street, West of Burns Street running North from the first East -West Alley South of Napoleon Street for a distance of approximately 54.5 feet to its' termination N Point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. 2). The first North/South Alley East of Burns Street, West of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its' termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph /�(. //� County, Indiana. S/itf'1 C Seale 1" =100' Dank, Horner &AeeacQate6 Inc. Land Surveyors Professions( Engineers Landscape Architects. Land Planners Office: (5]4)234 -400) 1 (BW)594 -400] Fox' (574)234 -4119 1 fi43 Cemmerce Onve SouN Oen4 rN 46628 MIA Uanch, Harner & Associates, Inc. MICHAEL J, RANCH, L.A. RON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4t" Floor County -City Building South Bend, Indiana 46601 Land Surveyors . Professional Engineers Landscape Architects . Land Planners August 2, 2013 RE: Vacation Petition for the Alleys are described as: 1) . The first North /South Alley East of Georgians Street, West of Burns Street running North from the first East -West Alley South of Napoleon Street for a distance of approximately 54.5 feet to its' termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. 2). The first North /South Alley East of Burns Street, West of Duey Avenue running North from the first East -West Alley South of Napoleon Street for a distance of approximately 56 feet to its' termination point. All situated in the "Hartman and Miller's Plat ", Recorded in Plat Book 7, Page 29, in the office of the recorder of St. Joseph County, Indiana. Dear Council Members: Our clients, the University of Notre Dame, are requesting the approval of the Vacation for the above, described Alleys within the Eddy Commons Development. The reason for this request is to allow for the development of the property on the south side of Napoleon Street into single - family attached townhomes. The Petitioners believe that vacating the above- mentioned Public right -of -ways will not have a detrimental effect on the adjacent properties located along this portion of Napoleon Street. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harner & Associates, Inc. File #130155 1643 Commerce Drive . South Bend, IN 46628 Office 5741234 -4003 ■ 800/594 -4003 • Fax 574/2344119 dIn er $ 108 r- E •' CITY cLERIK, ;, f_ S; :, ` F , 208 West Mars . Berrien Springs, MI 49103 office 269/471 -3010 • Fax 269/471 -7237