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HomeMy WebLinkAboutVacation - Property - Vorden from Lot 5 to end of street. The vacation includes a 60 foot radius cul-de-sac.ORDINANCE No. 9335-02 Passed by the Common Council of the City of Sout/t Bend, Indiana June 24, Attest: ,_ . __~ Attest: ~ ~ `-'` 20 02 Presented by me to the Mayor of the City of Soattla Bend, Indiana June 25 20 02 City Clerk President of Common Cor~ncil City Clerk Approved and signed by me June 25, 20 02 Mayor ORDINANCE NO. 3 3 S - 0 ~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Vorden Court from the East line of Lot 5, BW Business Park Subdivision, recorded March 16, 2001 as instrument number 0111166, to the end of the street for a distance of 700 feet and a width of 60 feet. The vacation includes the 60 foot radius cul-de-sac. Being a part of BW Business Park Subdivision, 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: Vorden Court from the East line of Lot 5, BW Business Park Subdivision, recorded March 16, 2001 as instrument number 0111166, to the end of the street for a distance of 700 feet and a width of 60 feet. The vacation includes the 60 foot radius cul-de-sac. Being a part of BW Business Park Subdivision, City of South Bend, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of--way, unless such rights are released by the individual utilities. SECTION III. The following property maybe injuriously or beneficially affected by such vacating: Lots 4, 5, 6, 7, 8, 9, 11, and 12 of the BW Business Park Subdivision, City of South Bend, St. Joseph County, Indiana. SECTION IV. The purposes of the vacation of the real property is to facilitate the economic development of the Blackthorn West Business Park in order to benefit the general public and stimulate economic growth in South Bend, Indiana and the surrounding areas. SECTION V. This Ordinance shall be in full force and effect from and after its passed by the Common Council and approved by the Mayor. 1 st READING 6-~Q-~'L PUBLIC HEARING h.-Ly-(7Z Member of the Comi Clerk's ©ffice ~iA~' 3 ~ 2002 3 rd READING (~ - ~-`i-~2 NOT APPROVED REFERRED PASSED b ~Z-``"GZ LORQTfA J. tXJDA q1Y CLEgK, 230 BE!~ID. ~~. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREET TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE: THE STREET DESCRIBED AS: Vorden Court from the East line of Lot 5, BW Business Park Subdivision, recorded March 16, 2001 as instrument number 0111166, to the end of the street for a distance of 700 feet and a width of 60 feet. The vacation includes the 60 foot radius cul-de-sac. Being a part of BW Business Park Subdivision, City of South Bend, St. Joseph County, Indiana. NAME: BW BUSINESS PARK, LLC, owner of Lots# 4,5,6,7,8,9,11,12 BW Business Park Subdivision 7101 Vorden Pkwy South Be Indiana 46628 By: Thomas Veldman, President RETURN TO: Contact Person: OFFICE OF THE CITY CLERK Thomas Veldman, President LORETTA J. DUDA, CITY CLERK BW BUSINESS PARK, LLC ROOM 455-COUNTY-CITY 7101 Vorden Pkwy BUILDING South Bend, Indiana 46628 SOUTH BEND, IN 46601 574/287-2316 Extension 319 574-235-9221 f=iled In Clerk's Office ~~~' 3 ~ 202 LOR3iTTA J. Q!!flA ClYY CLERS~, 8®. B~Pd~.1'~~ INDY 998828v1 COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 41-02 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VORDEN COURT FROM THE EAST LINE OF LOT 5, BW BUSINESS PARK SUBDIVISION, RECORDED MARCH 16, 2001 AS INSTRUMENT NUMBER 0111166, TO THE END OF THE STREET FOR A DISTANCE OF 700 FEET AND A WIDTH OF 60 FEET. THE VACATION INCLUDES THE 60 FOOT RADIUS CUL-DE-SAC. BEING A PART OF BW BUSINESS PARK SUBDIVISION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karl King Chairman BW Business Park LLC 7101 Vorden Parkway South Bend, Indiana 46628 May 30, 2002 Common Council for the City of South Bend 455 County-City Building South Bend, Indiana 46601 Attention: Mr. Roland Kelly, President Ladies and Gentlemen: We are writing in support of the request to vacate the portion of the Vorden Parkway right-of-way that lies between Lots 5, 6, and 7 on the North and Lots 8, 9, and 11 on the South as shown on the recorded Plat of B.W. Business Park Major Subdivision. We have a pending sale to a single purchaser of these six lots. The vacation of the identified right-of-way is necessary in order for the purchaser to utilize fully the six lots as a single building site. Thank you for your consideration. Very truly yours, -- Thomas F. Veldman President (574) 287-2316 Ext. 319 ted In ~1®rk's ®fflee cxs~rc~x.~~ IANDNARK BUSINESS PARK SEC. 8 PART 1 R LINE R UNE • INDIANA EAST -WEST TOLL ROAD a uNE f ws auma uE 0l smlax lRL bft.e SE 7 8 5 4 3 ~ 150' ~ R A 2 ~ ~ W 60' R w uNE \ ~ ~ ~ ~ ~ x R210' 8 9 g " 11 12150' 13 R w uPf 1 I ~ ft LINE ~ 14 ~ "` a i g & „~_„~.~ ~. ;~~; ~5; N ern'Ie• w Im.zD' (wesT IDO.DD' RECOeD) ..~a~, x_ Rcac :':R ~uar.:r::nr: "n=,^ i ,,.. .. The street to be vacated is Vorden Court from the East line of Lot 5, B.W Business Park Subdivision, recorded March 16, 2001 as instrument number 0111166, to the end of the street for a distance of 700 feet and a width of 60 feet. The vacation includes the 60 foot radius cul-de-sac. Being a part of B.W Business Park Subdivision, City of South Bend, St. Joseph County, Indiana. Flied In Clerk's Office Mav ~ ~ zooz LORHTTA J. DUOA CIiTCLfiHK,80.BEHD,tM~ "I 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS June 20, 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 the following street vacation: Vorden Court from the east line of Lot 5, BW Business Park Subdivision, recorded March 16, 2001 as instrument number 0111166, to the end of the street for a distance of 700 feet and a width of 60 feet. The vacation includes the 60 foot radius cul-de-sac, being a part of BW Business Park Subdivision, City of South Bend, St. Joseph County, Indiana. The Division of Engineering, Area Plan Commission, Community & Economic Development, Fire Department, Solid Waste, Police Department and the City Attorney's office submitted favorable recommendations The Board of Public Works submits to you an favorable recommendation concerning this vacation, subject to any utility easements that may be necessary. Sincerely, Angela acob, Ct Board of Public Works c: Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor's Office Jun 07 02 01:20p SBPD TRRFFIC [219]235-9308 p.2 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrep, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Department of Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Street Vacations DATE: June 6, 2002 Attached for your review and recommendation is the following street vacation: Vorden Court from the east line of Lot 5, BW Business Park Subdivision, recorded March 16, 2001 as instrument number 0111166, to the end of the street for a distance of 700 feet and a width of 60 feet. The vacation includes the 60 foot radius cul-de-sac, being a part of BW Business Park Subdivision, City of South Bend, St. Joseph County, Indiana. I would appreciate receiving yourcomments and recommendation concerning this vacation no later than June 14, 2002. Thank you for your cooperation. COMMENTS ~ RECOMMENDATIONS: a pbl~'t`c~Ns .. BY: ~ U~ ~~ 1 I DATE: ~o ` ~ - U ~~ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Department of Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Street Vacations DATE: June 6, 2002 Attached for your review and recommendation is the following street vacation: Vorden Court from the east line of Lot 5, BW Business Park Subdivision, recorded March 16, 2001 as instrument number 0111166, to the end of the street for a distance of 700 feet and a width of 60 feet. The vacation includes the 60 foot radius cul-de-sac, being a part of BW Business Park Subdivision, City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning this vacation no later than June 14, 2002. Thank you for your cooperation. COMMENTS & RECOMMENDATIONS: d- ~Zt`'~` ' I ~f}zL,Le-G~c~Z BY: DATE: 6 7 Ov • 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 June 12, 2002 The Board of Public Works 13`" Floor, County-City Building South Bend, Indiana 46601 RE: Vorden Court from the east line of Lot 5, BW Business Park Subdivision to the end of the street for a distance of 700 feet and a width of 60 feet. The vacation includes the 60 foot radius cul-de-sac. Dear Board Members: The staff has reviewed this petition relative to IC 36-7-3-13. It is the staffs 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 the street is vacated that it be done so subject to any cross- access or utility easements that may be necessary, and the creation of a new turn around easement or cul-de-sac. _ - Sincerely Je ey Myers Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Department of Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Street Vacations DATE: June 6, 2002 Attached for your review and recommendation is the following street vacation: Vorden Court from the east line of Lot 5, BW Business Park Subdivision, recorded March 16, 2001 as instrument number 0111166, to the end of the street for a distance of 700 feet and a width of 60 feet. The vacation includes the 60 foot radius cul-de-sac, being a part of BW Business Park Subdivision, City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning this vacation no later than June 14, 2002. Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: BY: ~G K- ~ i IIO-~~ DATE: F> _ ~ Z ~~ Z e6~la~2ee2 e7: as 2192359305 SOUTH BEND FIRE DEPT INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byomi, Area Plan Commission Larry Magliozzi, Department of Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Street Vacations DATE: June 6, 2002 Attached for your review and recommendation is the following street vacation: Vorden Court from the east line of Lot 5, BW Business Park Subdivision, recorded March 16, 2001 as instrument number 0111166, to the end of the street for a distance of 700 feet and a width of 60 feet, The vacation includes the 60 foot radius cul-de-sac, being a part of BW Business Park Subdivision, City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning this vacation no later than June 14, 2002. Thank you for your cooperation. COMMENTS 8~ RECOMMENDATIONS: -- ~ O ~ bye-e.~-c ¢.~ ~ 4 PAGE 01 BY:~I DATE: ~ ' I~-OZ INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission Larry Magliozzi, Department of Economic Development Howard Buchanon, Fire Department Jack Dillon, Solid Waste Joe Markovich, Police Department Tom Bodnar, City Attorney's Office FROM: Angie Jacob, Clerk RE: Street Vacations DATE: June 6, 2002 Attached for your review and recommendation is the following street vacation: nl~ ~C l If -:t; ~ ~ r I ~;, ~ „ i 2,~~z Vorden Court from the east line of Lot 5, BW Business Park Subdivision, recorded March 16, 2001 as instrument number 0111166, to the end of the street for a distance of 700 feet and a width of 60 feet. The vacation includes the 60 foot radius cul-de-sac, being a part of BW Business Park Subdivision, City of South Bend, St. Joseph County, Indiana. I would appreciate receiving your comments and recommendation concerning this vacation no later than June 14, 2002. Thank you for your cooperation. BY: ~~---WN i~G / DATE: D~ - ~~ OZ