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Home My WebLink AboutVacation - Street - Kale a part of Edison Road addition. Beginning alley of Hickory to the West line of Edison RoadORDINANCE No. 9231-01 Passed by the Common Council of the City of South Bend, Indiana June 25, Attest: Attest: 01 20 Presented by me to the Mayor of the City of South Bend, Indiana ~! a ne 25, 20 ~1_ City Clerk President of Common Council Ciry Clerk Approved and signed by me June 27 20 01 Mayor ORDINANCE NO. ~ 231J AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS KALE STREET, A PART OF EDISON ROAD ADDITION AND IS DESCRIBED AS BEGINNING AT THE FIRST NORTH/SOUTH ALLEY WEST OF HICKORY ROAD; THENCE WEST A DISTANCE OF 420 FEET MORE OR LESS, TO THE WEST LINE OF SAID EDISON ROAD ADDITION AND HAVING A WIDTH OF-60 FEET. BEING A PART OF SAID EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT Purseant 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 STREET TO BE VACATED IS KALE STREET, A PART OF EDISON ROAD ADDITION AND IS DESCRIBED AS BEGINNING AT THE FIRST NORTH/SOUTH ALLEY WEST OF HICKORY ROAD; THENCE WEST A DISTANCE OF 420 FEET MORE OR LESS, TO THE WEST LINE OF SAID EDISON ROAD ADDITION AND HAVING A WIDTH OF 60 FEET. BEING A PART OF SAID EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, CLAY 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 III. The following property may be injuriously or beneficially affected by such vacating: LOT 17 OF EDISON ROAD ADDITION KEY NO. 24-1001-0475 LOT 18 OF EDISON ROAD ADDITION KEY NO. 24-1001-0476 LOT 19 OF EDISON ROAD ADDITION KEY NO. 24-1001-0477 LOT 20 OF EDISON ROAD ADDITION KEY NO. 24-1001-0478 LOT 21 OF EDISON ROAD ADDITION KEY NO. 24-1001-0479 LOT 22 OF EDISON ROAD ADDITION KEY NO. 24-1001-0480 LOT 23 OF EDISON ROAD ADDITION KEY NO. 24-1001-0481 LOT 24 OF EDISON ROAD ADDITION KEY NO. 24-1001-0482 LOTS 25 & 26 OF EDISON ROAD ADDITION KEY NO. 24-1001-0460 LOTS 27 THRU 36 OF EDISON ROAD ADDITION KEY NO. 24-1001-0483 PARCEL OF GROUND WITH KEY NO. 24-1001-0549 ABUTTING OWNERS: Donald Cressy 3930 Edison Lakes Parkway, Mish., IN 46545 Lots 17 thru 22 of Ediion Road Addition Bill Rhodes, C/O Mark Miller 3930 Edison Lakes Parkway, Mish., IN 46545 Lots 23 thru 26 of Edison Road Addition American Electric Power Company, P.O. Box 24400 301 Cleveland SW, Canton, OH 44701 Lots 27 thru 36 of Edsion Road Addition and Parcel of Ground at West termination point of Kale Street SECTION IV. The purpose of the vacation of the real property is to allow for Commercial development to occur within the vacated right- of-way portion of said Kale Street. 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 Council 1st READING b ~ `~~~ PUBLIC HEARING~o'~-~'0` 3rd READING 1o-z $-0\ NOT APPROVED REFERRED PASSED ~ -L 5 -0\ Filed In Clerk's ®gfice J ~~ ~>~ Q ~ X001 LORfiTTl1 J. DUDA CITY CLfiFtlt, 80. BEPttD, IH. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 48-01 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS KALE STREET, A PART OF EDISON ROAD ADDITION AND IS DESCRIBED AS BEGINNING AT THE FIRST NORTH/SOUTH ALLEY WEST OF HICKORY ROAD; THENCE WEST A DISTANCE OF 420 FEET MORE OR LESS, TO THE WEST LINE OF SAID EDISON ROAD ADDITION AND HAVING A WIDTH OF 60 FEET. BEING A PART OF SAID EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, CLAY TOWNSHIP, 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. Andrew Udj ak Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE STREET DESCRIBED AS: THE STREET TO BE VACATED IS KALE STREET, A PART OF EDISON ROAD ADDITION AND IS DESCRIBED AS BEGINNING AT THE FIRST NORTH/SOUTH ALLEY WEST OF HICKORY ROAD; THENCE WEST A DISTANCE OF 420 FEET MORE OR LESS, TO THE WEST LINE OF SAID EDISON ROAD ADDITION AND HAVING A WIDTH OF 60 FEET. BEING A PART OF~ SAID EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. ADDRESS _3930 Edison Lakes Parkway wish. IN. 46545 3930 Edison Lakes Parkway Mish. IN. 46545 RETURN TO: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK 4TH FLOOR COUNTY-CITY BUILDING SOUTH BEND, IN 46601 219-235-9221 LOT ~ 23-26 Edison Road Addition CONTACT PERSON (S) NAME: __Michael Danch ADDRESS:_Dan_Gh, Harney & Associates 2422 Viridian Drive Suite 200 South Bend, In. PHONE: 219-234-4003 Filed in C1erk's Office tlii~~ 0 ~ ~00~ ~oa~rrA~, o{mr. cmr cteaac, so. ate, ~~~. NAME (signed & printed) 4-~ aai os49 ~s.oD a o' -0480 N 181 w Q 0463 °' ~ 0464 a W 0465 ~ / R150.0 ~ R130.0 (n -0480 Is' o -0482 u -0481 ~' -0480 ~ W I -0479 ~ Q N I -0470 p -0477 m -0471 p v -0475 , V w~luV+la HICKORY R13D.D ~ ~ id S~ o ~ RD. N -0492 # -0481 V -0490 ~ -0484 ~-o4a6 -D487 Fi(ed to Clerk's ffice ,~ l! ~~ ~ ~ ?.00 LORLsT'fA J. QUD~ CITY CLERK, ~Q, dE('~ !!. STREET VACATION The street to be vacated is Kale street, a part of Edison Road Addition and is described as beginning at the first north /south alley west of Hickory Road; thence west a distance of 420 feet, more or less, to the west line of said Edison Road Addition and having a width of 60 feet. Being a part of said Edison Road addition to the City Of south Bend, St. Joseph County, Indiana PROPERTI' Ol't7NERS Indiana & Michigan Electric Co. Ralph C_ & Judith M. Tremel P.O. Box 24400 301 Cleveland SW 332 N. Ironwood Drivc Canton, OH 44701 South Bend, IN 46615 Tax Key # 24-1001-0549 Tax Key # 24 100I 0474- Agr_es L~wandoski C/O Agne Hibshman Indiana & Michigan Electric Company 1517 I~Hickory Rd P.4 Box 24404301 Cleveland SW South Bend, IN 46635 Canton, OH 44701 Tax Key #24~10i}1-0484 Tax Key #~2410410483- Lucy Wilson Douglas Lingar 590~Landsdown Blvd 60S N. Coquillard South Bend, IN 46514 South Bend, IN 46617 Tax Key # 24-1001-047 Tax Key #-24-1Ot11-0489 Douglas Lingar Douglas Lingar 605 N Coquillard 60S1~Coquillarc~ South Bend, IN 46617 South Bend,1N 46617 Tax K.ey #~24-1041-0494 Tax Key #~24 10010492 Douglas Lingar Indiana & Michigan Electric Company 605 N Coquillard P.O: Box 24400 301 Cleveland SW South Bend, IN 46617 Canton, OH 44701 Tax Key # 24-1041-0493 Tax Key # 2410010495 Indiana & Michigan Electric Co. Leonard ~: Delores Koch P.O. Box 24400 301 Cleveland SW 1409 Hickory Road Canton, OH 44701 South Bend, IN 46535 Tax Key # 24-1001-0496 Tax Key # 2410410471 Ralph C. & Judith M Tremel Ilcfiko Molnar 332 N. Ironwood Drive 20132 Darden Road South Bend, IN 46615 South Bend , IN 46637 Tax Key # 24-1.001-0469- Tax Key # 24-104104¢3 Lucy Wilson Kencieth R & Hazel N. Cole 5908 Landsdoun Boulevard- 54619 Willis Avgnue South Bend, IN 46614 South Bend, IN 46637 Tax Key #24-1041-0488 Tax Key #241001 0474 Douglas Lingar Hazel N. Cole 605 N. Coquillard 54619 Willis Avenue South Bend, IN. 46617 South Bend IN 46637 Tax Key # 24-1.001 0491 Tax Key # 2~ 1.001 0473 Mary A & Kenneth E. Perrin 3501 E. Edison Rpad South Bend, IN 46615 Tax Key # 24-10410461 Mary, A & Kenneth E. Perrin 3515 E. Edison road South Bend, IN 46615 Tax Key # 2~ 10010462 Ildiko Molnar 24132 Darden-Rgad South Bend, IN 46637 Tax Key #-24-10410464 Douglas Lingar t-05 N, CocluiNard South Bend, IN 46617 Tax. Key # 20 10010494 Hazel N. Cole 54619 Willis-Avenue South Bend, IN 46637 Tax Key # 24 1001 0472 Filed (n Clergy's ®ffice LOq~7TA J. DUDA CITY CLFiRK. SO. BE~I'J, ~'~, 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 219/235-9251 Fnx 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 June 21, 2001 RE: Street Vacation Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning an alley vacation on the following: The street to be vacated is Kale Street, a part of Edison Road Addition and is descried as beginning a the first north/south alley west of Hickory Road; thence west a distance of 420 feet more or less, to th west line of said Edison Road Addition and having a width of 60 feet. Being a part of said Edison Road Addition to the City of South Bend, Clay Township, St. Joseph County, Indiana. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Police Department, Fire Department, Department of Economic Development and the Department of Public Works. Solid Waste did not submit a recommendation. Mr. Carl Littrell, City Engineer submitted a favorable but conditional recommendation. The parcels of real estate contiguous to the part of Kale Street proposed for vacation are owned by three parties. The properties of two of the owners are all the properties on the south side of Kale. These owners are partners in development of the real estate for a grocery and office use that is in the process ofbeing re-zoned for those uses. The remaining contiguous property is owned by American Electric Power Company. AEP is not a petitioner on the vacation petition. It is recommended that the Board approve this petition with the condition that American Electric Power acknowledge that they do not object to the fact that if the vacation becomes effective, all but two of the parcels of real estate would have no public access. Since the power company has suspended a large electrical transmission line above this real estate, it seems apparent that this will not be a burden for them. However, this may change in the future. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, Angel .Jacob, Ci~rk c: Rosemary Mandrici, Assessor's Office Melinda Stopczynski, Auditor's Office Attachments