HomeMy WebLinkAboutVacation - Street - Schulman from Olive to Grant. The 2nd street is Grant from Sample to N line of INRC right of wayORDINANCE No.
9320-02
Passed by the Common Council of the City of South Bend, Indiana
April 22,
20 02
City Clerk
Attest.•.
Presented by me to the Mayor of the City of South Bend, Indiana
20 n
President of Common Coccncil
City Clerk
April 23,
Approved and signed by me 20 02
Mayor
ORDINANCE NO . ~ ~ ~ O - O
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The first street to be vacated is Schulman Drive (formerly Davis Drive) from Olive Street to
Grant Street for a distance of 1,067.6 feet and a width of 60 feet. The second street to be
vacated is Grant Street from Sample Street to the North line of the Indiana Northern Railway
Company right of way.
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:
Legal Description:
The first street to be vacated is Schulman Drive (formerly Davis Drive) from Olive Street to
Grant Street for a distance of 1,067.6 feet and a width of 60 feet and being more particularly
described as a part of the Northeast Quarter of Section 15, Township 37 North, Range 2 East,
Portage Township, City of South Bend, Joseph County, Indiana, and described as follows:
Commencing at North Quarter Corner of Section 15, Township 37 North, Range 2 East, said
point also being on the centerline of Olive Street; thence South along said centerline of Olive
Street, 1,326 feet; thence East 30 feet to the East right of way line of Olive Street and the
North right of way line of Schulman Drive (formerly Davis Drive), and the place of
beginning; thence continuing East along said North line of Schulman Drive 1,067.6 feet to the
West right of way line of Grant Street; thence South 60 feet to the South right of way line of
Schulman Drive; thence West along said South line of Schulman Drive, 1,065.15 feet to the
East right of way line of Olive Street; thence North 60 feet to the place of beginning.
The second street to be vacated is Grant Street from Sample Street to the North line of the
Indiana Northern Railway Company right of way and being more particularly described as a
part of the Northeast Quarter of Section 15, Township 37 North, Range 2 East, Portage
Township, City of South Bend, Joseph County, Indiana, and described as follows:
Commencing at North Quarter Corner of Section of Section 15, Township 37 North, Range 2
East, said point also being on the centerline of Sample Street; thence East along said
2
centerline of Sample Street (said line also being the North line of Said Section 15), 1,090 feet;
thence South 16.5 feet to the intersection of the South right of way line of Sample Street and
the West right of way line of Grant Street; thence continuing South along said West line of
Grant Street, 50 feet to the place of beginning; thence continuing South along the West right
of way line of Grant Street, 1,259.9 feet to the North right of way line of Schulman Drive
(formerly Davis Drive); thence continuing South along a curve to the left with a radius of
1729.52 feet and a length of 349.86 feet to the point of reverse curve; thence along a curve to
the right with a radius of 1535.66 feet and a length of 327.44 feet to the North line of said
Indiana Northern Railway Company right of way; thence East along said North line of
railroad right of way, 80 feet to the East right of way line of said Grant Street; thence North
along a curve to the left with a radius of 1615.66 feet and a length of 344.50 feet to a point of
reverse curve to the right; thence along said curve to the right with a radius of 1649.52 feet
and a length of 333.68 feet; thence continuing North along the East right of way line of Grant
Street, 1,338.29 feet to the South right of way line of Sample Street; thence West 80 feet 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 III. The following properties may be injuriously or
beneficially affected by such vacating:
ST. JOSEPH COUNTY, INDIANA PARCEL TAX KEY NUMBERS:
Parcel # 1:
Parcel # 2:
Parcel # 3:
Parcel # 4:
Parcel # 5:
Parcel # 6:
Parcel # 7:
Parcel # 8:
Parcel # 9:
Parcel # 10:
Parcel # 11:
Parcel # 12:
Parcel # 13:
Parcel # 14:
Tax Key No.
Tax Key No.
Tax Key No.
Tax Key No.
Tax Key No.
Tax Key No.
Tax Key No.
Tax Key No.
Tax Key No.
Tax Rey No.
Tax Key No.
Tax Key No.
Tax Key No.
Tax Key No.
18-8075-2841.23
18-8075-2841.21
18-8075-2841.22
18-8075-2841.07
18-8075-2841.08
18-8075-2841.17
18-8075-2841.18
18-8075-2841.24
18-8075-2841.25
18-8075-2841.16
18-8075-2841.05
18-8075-2841.15
18-8075-2841
18-8075-2841.30
3
SECTION IV. The purpose of the vacation of the real property is to
allow for the construction of a large industrial facility to be built
on the reconfigured parcels of ground and vacated right-of-ways.
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.
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Member of the Co on Council
1 st READING ~~~~ ,d'2,.
PUBLIC HEARING ~'
3 rd READING `-~- 2-1-~dZ"
NOT APPROVE ~I~(~Z
REfEP.RED ISP 1
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E~P~' ~ ~ 2002
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
22-02 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST STREET TO BE VACATED IS SCHULMAN DRIVE (FORMERLY
DAVIS DRIVE) FROM OLIVE STREET TO GRANT STREET FOR A
DISTANCE OF 1,067.6 FEET AND A WIDTH OF 60 FEET. THE
SECOND STREET TO BE VACATED IS GRANT STREET FROM
SAMPLE STREET TO THE NORTH LINE OF THE INDIANA NORTHERN
RAILWAY COMPANY RIGHT OF WAY
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Karl King
Chairman
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE: March 26, 2002
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE STREETS ARE DESCRIBED AS:
The first street to be vacated is Schulman Drive (formerly Davits Drive) from Olive Street to
Grant Street fora distance of 1,067.6 feet and a width of 60 feet. The second street to be
vacated is Grant Street from Sample Street to the North line of the Indiana Northern Railway
Company right of way.
NAME (signed & printed) ADDRESS PARCEL TAX KEY NO.
Board of Commissioners 7~' Floor County-City Bldg.
South Bend, Indiana 46601
L. & H. Leasing Corp. 1200 South Olive Street
South Bend, Indiana 46619
18-8075-2841.23
18-8075-2841.21
18-8075-2841.22
18-8075-2841.07
18-8075-2841.08
18-8075-2841.17
18-8075-2841.18
18-8075-2841.24
18-8075-2841.25
18-8075-2841.16
18-8075-2841.15
CA '
~' U~ ~• 18-8075-2841
R itt Corporatio 815 West Sample Street 18-8075-2841.30
South Bend, Indiana 46601
American Electric Power 2929 Lathrop Drive
South Bend Indiana 46628
2
18-8075-2841.05
New Jersey, Indiana, Illinois 110 Franklin Road, S.E.
Railroad Company Roanoke, VA 24042
RETURN TO:
OFFICE OF THE CITY CLERK
LORETTA J. DUDA, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
574-235-9221
1
CONTACT PERSON (S)
NAME:
Michael J. Danch
Danch, Harner & Associates, Inc.
2422 Viridian Drive, Suite 201
South Bend, Indiana 46628
(574) 234-4003
PROPERTY OWNERS WITHIN 150 FEET OF VACATION PETITION PROPERTY:
1. Board of Commissioners
7°h Floor County-City Bldg.
South Bend, Indiana 46601
Tax Key No. 18-8075-2841.23
2. L. & H. Leasing Corporation
120 0 Olive Street
South Bend, Indiana 46619
Tax Key No. 18-8075-2841.25 Tax Key No.
Tax Key No. 18-8075-2841.22 Tax Key No.
Tax Key No. 18-8075-2841.08 Tax Key No.
Tax Key No. 18-8075-2841.18 Tax Key No.
Tax Key No. 18-8075-2841.25
3. American Electric Power Company
2929 Lathrop Drive
South Bend, Indiana 46628
Tax Key No. 18-8075-2841.16
Tax Key No. 18-8075-2841.15
4. Raitt Corporation
815 West Sample Street
South Bend, Indiana 46601
Tax Key No. 18-8075-2841
Tax Key No. 18-8075-2841.30
5. Betty J. Young
2021 West Sample Street
South Bend, Indiana 46619
Tax Key No. 18-4004-0145
6. Martha Kruszewski
2017 West Sample Street
South Bend, Indiana 46619
Tax Key No. 18-4004-0144
7. John & Leona Fleming
2013 West Sample Street
South Bend, Indiana 46619
Tax Key No. 18-4004-0143
8. Robert Campbell
2009 West Sample Street
South Bend, Indiana 46619
Tax Key No. 18-4004-0142
18-8075-2841.21
18-8075-2841.07
18-8075-2841.17
18-8075-2841.24
9. Andrew Yoder
434-B Silverwood
Goshen, Indiana 46526
Tax Key No. 18-4004-0141
l0.Jack & Joan Rader
2001 West Sample Street
South Bend, Indiana 46619
Tax Key No. 18-4004-0140
11.Richard & Dolly Martinczak
57177 Pine Wood Drive
South Bend, Indiana 46619
Tax Key No. 18-4004-0136
12.Barbara Summers & Szymanski
1923 West Sample Street
South Bend, Indiana 46619
Tax Key No. 18-4004-0134
13.Christine Lehman
1913 West Sample Street
South Bend, Indiana 46619
Tax Key No. 18-4004-0133
2
14.New Jersey, Indiana & Illinois Railroad Company
110 Franklin, S.E.
Roanoke, VA 24042
Tax Key No. 18-8075-2841.05
15.Conway Central Express, Inc.
1530 South Olive Street
South Bend, Indiana 46619
Tax Key No. 18-8075-2841.02
16.Stee1 Ware House, Inc.
5100 Grant Street
South Bend, Indiana 46624
Tax Key No. 18-8075-2841.14
Tax Key No. 18-8075-2846.01
17.Raitt Corporation
815 West Sample Street
South Bend, Indiana 46601
Tax Key No. 18-8075-2845
18.Municipal City of South Bend ~ ~~-~'"
1400 County-City Building
South Bend, Indiana 46601 4 ~'~ r ~-"~~~ ~-~
Tax Key No. 18-8075-2838 ~ ~ ~~3`~ Q ~ ~QQ~
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~~ Uanch, F/arner ~ ~1 ssociates, Inc.
MICHAEL J. RANCH, L.A.
RON HARNER, P.S.
DANIEL W. AKIN, P.E., L.S.
Honorable Members of the City of
South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
RE: Street Vacation Petition for Riatt Corporation et. al for
Grant Street and Schulman Drive located south of Sample Street, East of
Olive Street and North of the Indiana Northern Railroad
property, South Bend, Indiana:
Dear Council Members:
Apri12, 2002
Our clients, Riatt Corporation et.al, are requesting the approval of the Vacation of a
portion of Grant Street and Schulman Drive located South of Sample Street and East of Olive
Street, South Bend, Indiana. This request is to allow for the reconfiguration of the existing
parcels of ground in this area to be platted into three legal lots of record and hvo outlots. The
largest lot will be for a proposed Distribution Center. The owners believe that the requested
vacation and proposed use will be compatible with the other mixed uses in this neighborhood.
If you have any questions concerning this matter, please feel free to give me a call at 234-
4003.
Sincerely,
Michael J. Ranch
President
Ranch, Harner & Associates, Inc.
Land Surveyors .Professional Engineers
Landscape Architects .Land Planners
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A~~ ~ ~ zooz
Cs~'`Z~.~4.i_._ ~ a. _ __,af'S,
2422 viridian Drive, Suite 201 South Bend, IN 46628 208 West Mars . Berrien Springs, MI 49103
office 219/234-4003 ^ 800/594-4003 ^ Fax 219/234-4119 office 6161471-3010 ^ Fax 616/471-7237
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE~ MAYOR
DEPARTMENT OF PUBLIC ~/VORKS
GARY A. GILOT~ P.E.
DIRECTOR OF PUBLIC WORKS
April 18, 2002
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Street Vacation
Dear Members of the Council:
PHONE 219/235-9251
Fax 219/235-9171
TDD 219/235-5567
In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being
submitted to the Common Council concerning a street vacation on the following:
The first street to be vacated is Schulman Drive (formerly Davis Drive) from Olive Street to
Grant Street for a distance of 1,067.6 feet and a width of 60 feet. The second street to be
vacated is Grant Street from sample Street to the north line of the Indiana Northern Railway
Company right of way.
The property is being assembled for the TJX Distribution Center. Access agreements are in
place to protect the interests of lease tenants who will move by Spring of 2003. In this case we are
vacating the utility easements as well to make room for the Phase II building and related site
development. All utilities have been notified and there have been numerous coordinating meetings.
Therefore, the Board submits to you a favorable recommendation concerning this vacation.
Sincerely,
Attachments
~-~ a,~-~
Gary A. Gilot, P.E.
Director of Public Works
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- ,__ .. .,,__..~ 4
Lam.. .R. ait::
F J,
c: Rosemary Mandrici, Assessor's Office
Melinda Stopczynski, Auditor's Office
ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES
CARL LrrrRELL, P.E. JOHN J. DILLON, PH.D. IVIATT CHLEBOWSKI
219/235-9251 219/277-8515 219/235-9316
Ax 219/235-9171
Ax 219/277-8980 STREETS WATER WORKS
SAM HENSLEY JOHN F. STANCA77
219/235-9244 219/235-9322
FAx 219/235-9007 FAx 219/235-9272 Fax 219/235-9728
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: -Tony Molnar, Engineering Department
-Carl Littrell, Engineering Department
-John Byorni, Area Plan Commission
- Larry Magliozzi, Department of Economic Development
-Chief Howard Buchanan, Fire Department
-Jack Dillon, Solid Waste
-Joe Markovich, Police Traffic Department
-Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Alley Vacation
DATE: April 3, 2002
Attached for your review and recommendation is the following alley vacation:
Schulman Drive (Formerly Daves Drive) From Olive Street to Grant Street for a distance
of 1,067.6 feet and a width of 60 feet. The second street to be vacated is Grant Street from
sample Street to the north line of the Indiana Northen Railway Company right of way.
I would appreciate receiving your comments and recommendation concerning this vacation
no later than April 17, 2002. Thank you for your cooperation.
COMMENTS 8 RECOMMENDATIONS:
SC.a4l-HAnJ J7a~vE W~5 Fo2nEa~-t' ~.4v~S ~R~VE l
BY:
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: -Tony Molnar, Engineering Department
-Carl Littrell, Engineering Department
-John Byorni, Area Plan Commission
- Larry Maglioui, Department of Economic Development
-Chief Howard Buchanan, Fire Department
-Jack Dillon, Solid Waste
-Joe Markovich, Police Traffic Department
-Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Alley Vacation
DATE: April 3, 2002
Attached for your review and recommendation is the following alley vacation:
Schulman Drive (Formerly Daves Drive ]From Olive Street to Grant Street for a distance
of 1,067.6 feet and a width of 60 feet. The second street to be vacated is Grant Street from
sample Street to the north line of the Indiana Northen Raihvay Company right of way.
1 would appreciate receiving your comments and recommendation concerning this vacation
no later than April 17, 2002. Thank you for your cooperation.
COMMENTS & RECOMMENDATIONS:
i~ ~~
~~ .~i~ DATE: 7 ` ~ ~ - UZ
BY:
for 10 02 01: 12p SHPD TRAFFIC (2191235-9308 p.l
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: -Tony Molnar, Engineering Department
-Carl Littrell, Engineering Department
- John Byorni, Area Plan Commissbn
- Larry Magliozzi, Department of Economic Development
-Chief Howard Buchanan, Fire Department
- Jack Dillon, Solid Waste
-Joe Markovich, Police Traffic Department
-Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Alley Vacation
DATE: April 3, 2002
Attached for your review and recommendation Is the following alley vacation:
Schulman Drive (Formerly Daves Drive) From Olive Street to Grant Street for a distance
of 1,067.6 feet and a width of 60 feet. The second street to be vacated is Grant Street from
sample Street to the north line of the Indiana Northen Railway Company right of way.
Iwouldappreciatereceivingyourcommentsandrecommendationconcerning this vacation
no later than April 17, 2002. Thank you for your cooperation.
COMMENTS 8 RE-CEO-MMENOATIONS•
i-yd ~b~e~ll°NS
BY: DATE: `1' "~(/- ~ 2 F~-Kea
Area Plan Commission of St. Joseph County
1140 County-City Building
227 West Jefferson Blvd.
' South Bend, Indiana 46601
' Robert W. Sante John W. Byorni
Executive Director Assistant Director
Phone 574 235-9571 Fax 574 235-9813
April 11, 2002
The Board of Public Works
13'h Floor, County-City Building
South Bend, Indiana 46601
RE: The first street to be vacated is Schulman Drive (Formerly paves
Drive) from Olive Street to Grant Street for a distance of 1,067.6 feet and
a width of 60 feet. The second street to be vacated is Grant Street from
Sample street to the north line of the Indiana Northern Railway Company
right-of--way.
Dear Boazd Members:
The staff has reviewed this petition relative to IC 36-7-3-13. 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.
The Staff recommends that if these streets are vacated that it be done so subject to the creation of any
cross access or utility easemenu that may be necessary. The Staff would a]so like to note that the
southern portion of Grant Street is shown differently from the legal to the drawing and also that less
than half of the adjacent property owners have signed the petition.
Sincerely,
~~~~'~
Je rey O. Myers
Planner
Serving South Bend, Lakeville. New Cadisle, North Liherty, Osceola. Roseland and St. Joseph County, Indiana
04/16/2002 15:24 2192359305 SOUTH BEND FIRE DEPT PAGE 01
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: -Tony Molnar, Engineering Department
-Carl Littrell, Engineering Department
-John Byorni, Area Plan Commission
- Larry Magliozzi, Department of Economic Development
-Chief Howard Buchanan, Fire Department
-Jack Dillon. Solid Waste
-Joe Markovich, Police Traffic Department
-Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Alley Vacation
DATE: April 3, 2002
Attached for your review and recommendation Is the following alley vacation:
Schulman Drive (Formerly Daves Drive) From Olive SVeet to Grant Street for a distance
of 1,067.6 feet and a width of 60 feet. The second street to be vacated is Grant Street tram
sample Street to the north line of the Indiana Northen Railway Company right of way.
Iwouldappreciatereceivingyourcommentsandrecommendationconceming this vacation
' no Later than April 17, 2002. Thank you for your cooperation.
COMMENTS 8 RECOMMENDATIONS;
~~ W ~C.~IJ~ l-~n.ISI.N
BY: t DATE: ~ (~
INTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: "T,eny Molnar, Engineering Department
~Q'arl Littrell, Engineering Department
John Byorni, Area Plan Commission
La~ry Magliozzi, Department of Economic Development
I~hief Howard Buchanan, Fire Department
Jack Dillon, Solid Waste
~oe Markovich, Police Traffic Department
-Tom Bodnar, City Attorney's Office
FROM: Angie Jacob, Clerk
RE: Alley Vacation
DATE: April 3, 2002
Attached for your review and recommendation is the following alley vacation:
Schulman Drive (Formerly Daves Drive) From Olive Street to Grant Street for a distance
of 1,067.6 feet and a width of 60 feet. The second street to be vacated is Grant Street from
sample Street to the north line of the Indiana Northen Railway Company right of way.
I would appreciate receiving your comments and recommendation concerning this vacation
no later than April 17, 2002. Thank you for your cooperation.
COMMENTS & RECOMMENDATIONS:
BY: