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Home My WebLink About9860-08 Vacation - Alley - East/West Alley North of State Road 23 - Situated in Hartman and Woodworth's PlatORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana August 25, Attest: Attest: 20 08 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 08 Mayer ORDINANCE NO. L U "~~ ~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF STATE ROAD 23 FROM THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 23 APPROXIMATELY 195.00 FEET NORTH MORE OR LESS, AND 258.98 FEET WEST MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO 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 ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF STATE ROAD 23 FROM THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 23 APPROXIMATELY 195.00 FEET NORTH MORE OR LESS, AND 258.98 FEET WEST MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO 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. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 18-5097-3440 Tax Key Number 18-5097-3441 Tax Key Number 18-5097-3442 Tax Key Number 18-5097-3443 Tax Key Number 18-5097-3444 2 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of properties located along South Bend Avenue and to allow for a future Street intersection point for the Eddy Street Commons project with South Bend Avenue (S.R. # 23). 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 c r Member f the Common Council Est Rg~DIRC; S l\-`~b PUBLIC HEARING 8-LS,Og 3 rd READING ~_L~ O NOT AP?kUVED REFERRED p' P~SSFD D .'7i.S"- 0 S f~°~f~~ i~ Li~{~~~J ~I~j~iPi AUG - ~ 2008 JOHPJ VOORDE CffY CLERK, S0. BERD, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 47-OS A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF STATE ROAD 23 FROM THE NORTH RIGHT-OF- WAY LINE OF STATE ROAD 23 APPROXIMATELY 195.00 FEET NORTH MORE OR LESS, AND 258.98 FEET WEST MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO 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 ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF STATE ROAD 23 FROM THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 23 APPROXIMATELY 195.00 FEET NORTH MORE OR LESS, AND 258.98 FEET WEST MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. NAME (signed & printed) & ADDRESS Tax Key Number Burkhart Advertising Inc. P.O. Box 536. South Bend, Indiana 46624 p~s~8 For Burkhart Advertising Inc. Organization, Inc. City of South Bend, Board of Public Works 1308 County City Building Sout end, Indiana 4 O1 18-5097-3444 18-5097-3440 18-5097-3441 18-5097-3442 18-5097-3443 For City of South Bend, Board of Public Works (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 Fite to ~t~~~a'~ ~~fiice AUG - 5 2008 JOIiEJ VOORDE CITY CLEnii, 50. B'cND, IN. LEGAL DESCRIPTION: THE ALLEY TO BE VACATED IS THE FIRST EAST-WEST ALLEY NORTH OF STATE ROAD 23 LOCATED DIRECTLY NORTH OF LOTS 28 THROUGH 32 IN THE RECORDED PLAT OF HARTMAN AND WOODWORTH'S PLAT RECORDED IN PLAT BOOK 7, PAGE 30 IN THE RECORDS OF THE RECORDER'S OFFICE OF ST. JOSEPH COUNTY, INDIANA., FOR A DISTANCE OF APPROXIMATELY 258.98 FEET AND A WIDTH OF APPROXIMATELY 12 FEET, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. AU G - 5 2008 Ja;~^~ voo~;a~ PROPERTY OWNERS 150' Burkhart Advertising 1335 Mishawaka Ave South Bend, IN. 46615 Tax Key # 18 5097 3440 Housing Authority 501 S Scott South Bend, IN. 46613 Tax Key # 18 5097 3423 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 18 5102 3579 City of South Bend -Board of Public Works Room 1308 County City Building South Bend, IN. 46601 Tax Key # 18 5097 3441 City of South Bend -Board of Public Works Room 1308 County City Building South Bend, IN. 46601 Tax Key # 18 5097 3442 Ponce Lugo Javier 1338 South Bend Avenue South Bend, IN. 46617 Tax Key # 18 5102 358802 LaSalle Council Boy Scouts Of America 1433 Northside Blvd. South Bend, IN. 46615 Tax Key # 18 5102 358901 Fred L. Binns 51721 Red Mills Rd. Dowagiac, Mi. 49047 Tax Key # 18 5102 3588 City of South Bend -Board of Public Works Room 1308 County City Building South Bend, IN. 46601 Tax Key # 18 5097 3443 Burkhart Advertising P.O.Box 536 South Bend, IN. 46624 Tax Key # 18 5097 3444 ;; ~~ _. _, ;, . ~~ ~~; i~ -. t ... _a. I. <<... .,.... ~xz~. i~~.~~~C: (: 111i°~ .':tt•atir~r 1:.~~{'k','c•~~t ~"tri"t~t ~~'ruE71 ~"':tt!'I .`•.'~'t.;tu. ~~~ ~ ~J E ~' (+_r ~i_ ~_.`~.~ ..~: ~ t ...ll ...1 ,..,ity;'.lY,C t~l:r....tT`:...:~.. a~.'il ~,.i~.::a i:1l. -. ,i .-tii i __;f 1',at~ttt' !`t::~`. ~.) ~ .I"s'. ~~:~i`C_11;: i::..:Ill ~.',r~" 6`I~~[~1~. ~"+ :~~. :~ ., .,la)'`5~1 ~l§Y :c r, (: i'_ ., ic, .'it• !tt_ :>>'rrr_ r'°,' il. ~~t _~ ~ tt _ ° :c~it~7C .?~ ~"~ ._:t__~ ' .~,.,..'_ ;'7T° lid S'1 -:?tt! : z !I; I fl!(tl:~ :.•J1 aj.. 5., it ,•.l.': l `. I.° i . ,....: 111:1'' ''(~': ~"~t~ Vii! t~li' ~ 'r~ ~..~~~ ~~~'~ !.)t3lsw,l'. File l~ ~i~c'~'~ ~-#ic~ AUG - 5 2008 dQyH VSO. DETlD, iN. CI'iY G>,"rfiK, .. ~r ";....... ~-~ Uanch, F/arner ~ ~I ssociates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors .Professional Engineers RON HARNER, P.S. Landscape Architects .Land Planners Honorable Members of the City of South Bend Common Council 4~h Floor County-City Building South Bend, Indiana 46601 July 15, 2008 RE: Vacation Petition fora 259 ft. portion of a 12 ft. wide East-West Public Alley located at the Northeast corner of "Hartman and Woodworth's Plat" in the 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 a 259 ft. portion of a 12 ft. wide East-West Public Alley located at the Northeast corner of "Hartman and Woodworth's Plat" on the Northerly side of South Bend Avenue (S.R # 23). This Alley is located at the Southeast corner of the Eddy Street Commons project site. The reason for this request is to allow for the re-configuration of properties for future uses along South Bend Avenue and also to allow for a future street intersection point for the Eddy Street Commons project site with South Bend Avenue. The Petitioners believe that vacating the above-mentioned Public Alley right-of- way will not have a detrimental effect on the adjacent properties located along this portion of South Bend Avenue. 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 File #080179.1 au~ - 5 Zoos 4Q~~~: ~~S~~~iJ 1643 Commerce Drive South Bend, IN 46628 office 5741234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 208 West Mars ^ Berrien Springs, MI 49103 once 269/471-3010 ^ Fax 269/471-7237