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Home My WebLink About9859-08 Vacation - Alley - Lafayette, Indiana Avenue - Part situated in Stull's 1st Addition to the town of Myler inORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana August 25, 20 08 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana August 26, 20 08 City Clerk President of Common Council City Clerk Approved and signed by me August 2 7 . 20 0 8 May~vr ORDINANCE NO. I~ U ~ ` 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 LAFAYETTE STREET FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE FOR A DISTANCE OF APPROXIMATELY 416 FEETt, 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 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 r Member o the Common Council 1st READING g- ~ ~-~g PUB~IG NEARING ~'_ZS_~$ 3rd READING _ pN~O~T APPROVf;D $'-ls' d~ REF~ERR® pASSE>3 g ~~ ~ ~ ~"'fit.`' 9i~i ~i~~l'o ~ ~.d13:~'iPi a' it ~,~, F., ~,,, - L.~J ~~~~"iJ vLl u~i iJC CITY CLI:K. ^0. r7Et`iD, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 46-08 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 INDIANAAVENUE FOR A DISTANCE OF APPROXIMATELY 416 FEET±, AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED IN STULL'S 1sr ADDITION TO THE TOWN OF MYLER IN THE 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 no recommendation due to a lack of a quorum. Derek Dieter Chairperson, Committee of the Whole 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 Filed In Clerk's ®~fi1c0 AUG - 5 2008 J04i"! VOORDE CITY CL~~r., 40. BEPlD, iN. (2) CONTACT PERSON: Michael J. Danch NAME: Danch, Harper & 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 ~il~~' Ire Cle~'rc'v C3fi~~G~ AUG - 5 2008 s-~ :a c;-~~ ~~ . .. -v~~, r.~~. 5/8 R8~ HELD) I ~ I ~FD. R.R. SPIKE ~ (H ) 'b~' LDT 39 . ~' t17: 40 ' g ~. .. n: L 32O' ` ' y- •~SY :.r Y•:.: ' ~ ~• ~.::a J~•• `R /. LOL 47 LOT 29 i-t' nL~.Fi ~ •~ ~ O~• ! ~ PROPOSED ~ d 8 • ! VACA770N '^''^~\ \ . (tC3D0' il) . lDT 48 LOT Y . . JiV t lT 48 ~ .C;t.~, ~ /`" • i . C.' ; ~` ~ lIIf SO ' r `~ LOT 36 t7'i r t '' nf• . L .'. Y '-Yr'='~ ~1 ' (~ t ~ I.OT St .. '~ iva • C lflT 35 52 ~ ~ 36 . . ~' ~ LOT Ti sI '' ~ » lD: K ~t LOi Se ~' ~ . Ctesno' rq (1cs~ r0 . t 1 t t ALLEY TO BE ~ VACATED ~t 0 500 3Q0 I I I ~ I 1 SCALE 1' = 100' ~ V OFD. 1/2 I.P. w ~H~) \\~ ~ DO 0• 1L t -.. . 1 .. 1 1 Y"" (e1 / ! ~~ ~'.~~~ ! 4% a ~• ~~ / ~! ~ cV ` J rem ' e y. L17 L: U ~ ~ ui ~ ' ~ 1 . ~ ~ rc ~ J U p ~ Y ~ ! ! ! ! t qoa, o t R ut n o / o° 18-8007-0351 ~ 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 LAFAYETTE 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 ~P % 5~, ~t:sd y'~ ~S 1f~~4~~ ~~'~ - 1~ ,. . r,0 ,,,. _ ~uJ f t _~ ~_ ~" ~~ /ranch, F/arner & ~Issociates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Land ,Surveyors .Professional Engineers Landscape Architects .Land Planners July 15, 2008 Honorable Members of the City of South Bend Common Council 4t" 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 Blvd. 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--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, 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. Sincerely, ~~ ~' .~` / ~ ~`. .. , \~ i; iced in Cll;~iz'S ~~flce Mi ael J. Danch President ~,~~r - 5 2008 Danch, Harner & Associates File #080105.2 7-15-08 ~;;~; C~; ~~_'~'• ~-~''_~ ~~f+.-- 1643 Commerce Drive South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 office 269/471-3010 ^ Fax 269/471-7237 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS TO: Bill Schalliol 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, 2008, 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 Tony Molnar at extension 9254 prior to picking up your radius snap. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. ~1~~~ ~$~ ~sj~l'ia'~ ~,~81.a AUG - 5 2008 ~'t L