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HomeMy WebLinkAboutApproving Issuance of Scrap Meate/Junk Dealer/Recycling Operation Licenses for year 2008 pursuant to Section 4-51 (2)ORDINANCE No. s Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: March 12, 01 20 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 13, 20 01 City Clerk March 13 O1 Approved and signed by me 20 ORDINANCE NO. ~ ~~ 1- V AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF DALE AVENUE FROM THE NORTH RIGHT OF WAY LINE OF MILTON STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 120 FEET; THE FIRST NORTH/SOUTH ALLEY EAST OF DALE AVENUE FROM THE SOUTH RIGHT OF WAY LINE OF DAYTON STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 120 FEET; THE FIRST EAST/WEST ALLEY NORTH OF MILTON STREET FROM THE EAST RIGHT OF WAY LINE OF DALE AVENUE TO THE SECOND NORTH/SOUTH ALLEY FOR A DISTANCE OF 240 FEET. ALL BEING A PART OF SOUTH EAST ADDITION 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: 1. The alley to be vacated is the first north/south alley east of Dale Avenue from the north right of way line of Milton Street to the first East/West alley for a distance 120 feet. Being a part of South East Addition to the City of South Bend, St. Joseph County, Indiana. 2. The alley to be vacated is the first north/south alley east of Dale Avenue from the south right of way line of Dayton Street to the first East/West alley for a distance of 120 feet. Being a part of South East Addition to the City of South Bend, St. Joseph County, Indiana 3. The alley to be vacated is the first east/west alley north of Milton Street from t e east right of way line of Dale Avenue to the Second north/south alley for a distance of 240 feet. Being a part of South East Addition 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: 18-7055-2049 18-7055-2051 18-7055-2053 18-7055-2058 18-7055-2060 18-7055-2062 18-7055-2050 18-7055-2052 18-7055-2054 18-7055-2059 18-7055-2061 18-7055-2063 SECTION IV. The purpose of the vacation of the real property is to permit the implementation of campus master plan improvements and the replat of the Diocese of Fort Wayne/South Bend St. Matthew Cathedral properties. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and shall be subject to the petitioner providing access to its property for a turning radius, if necessary, for utilities who may need to access the vicinity of the "T" alley for maintenance and public service purposes. 1st READING Z-2~"~ PUBLIC HEARING 3 -lL-~~ 0. S S ~`bs~~w~.--~ rd READING 3_~2_p\ qS Sc~~S-~-t -}-ta~:e,{~1 NOT APPROVED REFERRED PASSED 3 -i 2-ot ~, s s ubs~~~~ Member of the Common ouncil Filed in Cie~k's ®ffice 6~i~~ ~ ~ 2001 LOR&TTA J. DUDA t~TY CtliR~. F.~. E~PdD. pJ. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 18-01 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF DALE AVENUE FROM THE NORTH RIGHT OF WAY LINE OF MILTON STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 120 FEET; THE FIRST NORTH/SOUTH ALLEY EAST OF DALE AVENUE FROM THE SOUTH RIGHT OF WAY LINE OF DAYTON STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 120 FEET; THE FIRST EAST/WEST ALLEY NORTH OF MILTON STREET FROM THE EAST RIGHT OF WAY LINE OF DALE AVENUE TO THE SECOND NORTH/SOUTH ALLEY FOR A DISTANCE OF 240 FEET. ALL BEING A PART OF SOUTH EAST ADDITION 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 a favorable recommendation as amended as follows: Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and shall be subject to the petitioner providing access to its property for a turning radius, if necessary, for utilities ~vho may need to access the vicinity of the "T" alley for maintenance and public service purposes. Andrew Udj ak Chairman Bill No. 18-01 Amend Section V to read as follows: This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and shall be subject to the petitioner providing access to its property for a turning radius, if necessary, for utilities who may need to access the vicinity of the "T" alley for maintenance and public service purposes. 3-12-01 PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: 1. The alley to be vacated is the first north/south alley east of Dale Avenue from the north right of way line of Milton Street to the first East/West alley for a distance of 120 feet. Being a part of South East Addition to the City of South Bend, St. Joseph County, Indiana 2. The alley to be vacated is the first north/south alley east of Dale Avenue from the south right of way line of Dayton Street to the first East/West alley for a distance of 120 feet. Being a part of South East Addition to the City of South Bend, St. Joseph County, Indiana 3. The alley to be vacated is the first east/west alley north of Milton Street from the east right of way line of Dale Avenue to the Second north/south alley for a distance of 240 feet. Being a part of South East Addition to the City of South Bend, St. Joseph County, Indiana NAME (signed & printed) ADDRESS LOT NUMBERS Diocese of Ft. Wayne - 1701 Miami Street, 18-7054-2048.01 South Bend South Bend, IN 46616 18-7055-2049 Cathedral of Saint Matthew 18-7055-2050 18-7055-2051 18-7055-2052 18-7055-2053 18-7055-2054 18-7055-2055 18-7055-2058 18-7055-2059 18-7055-2060 18-7055-2061 ~' ~ ~~ L; S, C, 18-7055-2062 18-7055-2063 The Most Reverend Daniel R. Jenky, CSC RETURN TO: Office of the City Clerk Loretta J. Duda, City Clerk Room 455 -County-City Building South Bend, Indiana 46601 219-235-9221 G:\PROJ\proj\0161 \ 1136\docs\petition.doc CONTACT PERSON (S): Name: Jeffrey K. Hirsch Address: DLZ Indiana, LLC 2211 East Jefferson Blvd. South Bend, IN 46615 Phone: (219) 236-4400 Facsimile: (219) 236-4471 DUBAIL ~~ ~ CALV l~ s .' n AvE. o. ~' Q ALLEY VACATIONS: The alley to be vacated is the first north/south alley east of Dale Avenue from the north right of way line: of Milton Street to the first ' East /west alley fora distance of 120 feet. Being a part of South East Addition to the City of South Bend, St. .Joseph County, Indiana The alley to be vacated is the first north/south alley east of Dale ' Avenue from the south right of way line: of Dayton Street to the first East /west- alley fora distance of 120 feet. Being apart of South East Addition to the City of South Bend, St. Joseph County, Indiana The alley to be vacated is the first east/west alley north of Milton Street from the east right of way line of Dale Avenue to the Second north /south alley for a distance of 240 feet. Being a part of South East Addition to the City of South Bend, St. Joseph County, Indiana F~~~ 2 ~, ~oo~ 3 -- -_ ~ ~ Property Owners within 150' of the Property to be Vacated St. Matthew Cathedral Certified Mail #7000 1670 0000 4051 9752 1701 S. Miami Street For: 18-7054-2048.01 South Bend, 1N 46613 18-7055-2049 18-7055-2050 18-7055-2051 18-7055-2052 18-7055-2053 18-7055-2054 18-7055-2055 18-7055-2058 18-7055-2059 18-7055-2060 18-7055-2061 18-7055-2062 18-7055-2063 Mr. Joseph Kaniuga Certified Mail #7000 1670 0000 4051 9769 222 East Edgar For: 18-7055-2077 Mishawaka,lN 46545 Mr. John Thompson Certified Mail #7000 1670 0000 4051 9806 P.O. Box 719 For: 18-7055-2075.01 Dallas, TX 75221 Mr. Joseph Roskuski Certified Mail #7000 1670 0000 4051 9844 P.O. Box 760 For: 18-7055-2057 Bonita Springs, FL 34133 Ms. Maria Granados Certified Mail #7000 1670 0000 4051 9837 1624 Kendall For: 18-7057-2125 South Bend,1N 46613 Mr. Stehpen Krupnik Certified Mail #7000 1670 0000 4051 9820 P.O. Box 1364 For: 18-7057-2124 South Bend, IN 46624 Mr. Scott Torzewski Certified Mail #7000 1670 0000 4051 9882 922 E. Dayton Street For: 18-7057-2123 South Bend, IN 46613 Maranatha Christian Fellowship Certified Mail #7000 1670 0000 4051 9868 1817 Miami Street For: 18-7055-2064 South Bend, IN 46614 18-7055-2065 i E= ~: ~ z ri ~o~~ _.~. Property Owners within 150' of the Property to be Vacated Elkcases Inc. Certified Mail #7000 1670 0000 4051 9851 1821 Miami Street For: 18-7055-2066 South Bend, IN 46613 Evangelical Lutheran Church Certified Mail #7000 1670 0000 4051 9899 929 E. Milton Street For: 18-7057-2137 South Bend, IN 46613 18-7057-2136 Mr. Robert Adair Certified Mail #7000 1670 0000 4051 9905 1020 E. Milton Street For: 18-7055-2072 South Bend, IN 46613 18-7055-2073 Mr. George Husband Certified Mail #7000 1670 0000 4051 9912 18920 Paddington Lane For: 18-7055-2079 South Bend, IN 46613 St. Joseph County Commissioners Certified Mail #7000 1670 0000 4052 0185 227 W. Jefferson Blvd. For: 18-7055-2078 South Bend, IN 46601 Mr. Jeffrey Blue Certified Mail #7000 1670 0000 4051 9813 P.O. Box 836 For: 18-7055-2056 South Bend, IN 46624 Mr. Robert Daniel Certified Mail #7000 1670 0000 4051 9929 P.O. Box 116 For: 18-7055-2067 Niles, MI 49120 Mr. Thomas Schelbelhut Certified Mail #7000 1670 0000 4051 9936 55807 Clover Rd. For: 18-7055-2070 Mishawaka, IN 46545 Ms. Marie York Certified Mail #7000 1670 0000 4051 9943 1017 E. Calvert For: 18-7055-2080 South Bend, IN 46613 Northern Oak Homes, Inc. Certified Mail #7000 1670 0000 4051 9950 P.O. Box 4553 For: 18-7055-2069 South Bend,1N 46634 18-7055-2068 Mr. Cory Day Certified Mail #7000 1670 0000 4051 9967 1013 E. Calvert Street For: 18-7055-2079 South Bend, IN 46613 G:\PROJ\proj\0161\1136\docs\List of Property Owners.doc __ THE CATHEDRAL OF ST. MATTHEW 1701 Miami Street SOUTH BEND, INDIANA 46613 (219) 289-5539 February 20, 2001 The City of South Bend Common Council County-City Building South Bend, IN 46601 Re: Proposed Public Right-of--Way Vacation Dear Members of the Common Council: With completion of St. Matthew Cathedral School Campus Master Plan in September, 2000, areas of facility and site expansion were identified. Further reinforced was the immediate need for site improvements such as secured off-street parking and accessible drop off points to serve both the school and cathedral. The Diocese of Fort Wayne -South Bend and Saint Matthew Cathedral School are preparing for the implementation of Phase one of the Master Plan. The Diocese recently acquired sufficient residential properties between Milton and Dayton Streets in preparation for the implementation of the master plan. With clearing of acquired properties, the Cathedral will have attained adequate area for planned expansion of Phase one-site improvements. To facilitate Saint Matthew Cathedral School and the Diocese of Fort Wayne -South Bend with the replat of recently acquired properties and the rapid continuation of properly planned site improvements imperative to the Cathedral School, we request your consideration on the matters of proposed public right of way vacation as presented herein. The Cathedral of Saint Matthew is committed to improving its current facilities and grounds, along with future building renovations and additions. It is crucial that the Cathedral take initiative at this time to ensure that it continues to provide its parishioners and students with the best possible facilities and the best possible Catholic education. Very truly yours, Most Reverend Daniel R. Jenky C.S.C. Encl: As noted 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 219/235-9251 Fax 219/Z3S-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKEJ MAYOR POARD OF PUBLIC WORKS March 12, 2001 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Property Vacation Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, an unfavorable recommendation is being submitted to the Common Council concerning a property vacation on the following: That portion ofthe existing public rights ofway known as Western Avenue and Columbia Street being apart of the recorded Plat of River Bend Addition to the City of South Bend also being a part of the west half of Section 12, Township 37 North, Range 2 East and described as follows: On Western Avenue, from a point approximately 650 feet southwesterly of Jefferson Boulevard; thence northeasterly to Jefferson Boulevard; thence also on Columbia Street from a point approximately 350 feet southeasterly of Western Avenue; thence northwesterly to western Avenue. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. Area Plan noted that the staff would not normally recommend the vacation of rights ofway in a fashion that results in the dead ending of streets. However, the traffic from both Columbia and Western will flow into the proposed Crowe Chizek campus area, which provides adequate space to turn around if necessary. The vacation of these rights ofway makes sense as part of the development of this area. It should also be noted that the closing of these rights of way will have an effect on travel routes of both pedestrian and vehicles to and through do«mto~~n South Bend. For this reason, it is recommended that prior to the vacation, studies be undertaken to help properly redirect both forms of downtown traffic. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, tt~~ ge1~1a~COb, Cler Attachments led in Clerk's a~flce I.1~i~ 1 ~ 2001 I.ORETTA J. DUD3~ Gil'Y CLEROC~ fi0. REFdD, ill.