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HomeMy WebLinkAboutVacation - Public Right of way - Western, Columbia, JeffersonORDINANCE No. 9202-01 Passed by the Compton Council of the Ciry of South Bend, Indiana Attest: Attest: March 12, 01 20 .R Presented by me to the Mayor of the City of South Bend, Indiana March 1:~, 20 01 Ciry Clerk President of Common Council City Clerk March 13 O1 Approved and signed by me 20 Mayor ORDINANCE NO . ~ ~ ~ ~~ © 1 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE EXISTING PUBLIC RIGHTS-OF-WAY KNOWN AS WESTERN AVENUE AND COLUMBIA STREET BEING A PART 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 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: That portion of the existing public rights-of-way known as Western Avenue and Columbia Street being a part 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: Commencing at the Northerly most corner of Lot 4 of St. Joseph Towers Minor Subdivision also a part of the West half of Section 12, Township 37 North, Range 2 East; thence South 58 °07'22" East 8.02 feet to the place of beginning; thence Northeasterly 183.73 feet on a 360.81 foot radius curve to the left subtended by a chord bearing North 39°18'06" East 181.75 feet; thence North 24°42'50" East 145.34 feet to the Easterly right-of-way of Western Avenue; thence South 5°31'20" West on said Easterly right-of-way 117.15 feet; thence continuing on said Easterly right-of-way South 0°18'28" East 284.43 feet; thence Southwesterly 114.34 feet on a 424.42 foot radius curve to the right subtended by a chord bearing South 7°21'39" West 113.99 feet to the Northerly right-of-way line of Columbia Street; thence South 69°25'55" East on said Northerly right-of-way line 96.17 feet; thence continuing on said Northerly right-of-way line Southeasterly 273.75 feet on a 422.26 foot radius curve to the right subtended by a chord bearing South 50°48'29" East 268.99 feet; thence South 57°45'53" West 80.0 feet to the Southerly right-of-way line of Columbia Street; thence Northwesterly on said Southerly right-of-way line 221.89 feet on a 342.26 foot radius curve to the left subtended by a chord bearing North 50°48'29" West 218.02 feet; thence continuing on said Southerly right-of-way line North 69°22'51" West 80.0 feet; to the Easterly right-of-way line of Western Avenue; thence South 41°42'18" West on said Easterly right-of-way line 91.96 feet; thence continuing on said Easterly right-of-way line Southwesterly 148.38 feet on a 424.47 foot radius curve to the right subtended by a chord bearing South 47°44'18" West 147.62 feet; thence North 32°14'51" West 85.0 feet to the Westerly right-of-way line of Western Avenue; thence Northeasterly on said Westerly right-of-way line 344.40 feet on a 339.47 foot radius curve to the left subtended by a chord bearing North 28°41'20" East 329.82 feet; thence continuing on said Westerly right-of-way line North 0°22'29" West 78.53 feet to the Northerly line of said Lot 4 of St. Joseph Towers Minor Subdivision; thence North 58°07'22" West 94.86 feet to the place of beginning. 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: Blocks 8 and 11 of Riverbend Addition and Lots 1 through 4 of St. Joseph Towers Minor Subdivision. SECTION IV. The purpose of the vacation of the real property is to allow for re-development of the adjoining City blocks wherein certain parking and site improvements will be needed to the extent of which that the public ways referenced above would impair or make the project impossible. SECTION V. This ordinance shall be passed by the Common Council and be in full, force and effect, upon a Resolution being filed for Council consideration by the Administration which addresses the progress of the proposed construction related to the redevelopment project. Such Resolution shall further set forth a date certain for the effective date of the vacation of real property addressed in this ordinance, all of which shall be subject to the approval of the Common Council and the Mayor. W- ~- ~ Member of the Common Council 1st READING 2'Z~~~ ~ A. S S ~,b~-l~o.~ ~ Q"'^G'n~`~~ PUBLIC HEARING 3'\L 1 3rd READING 3-\Z-0 \ aS S "~~05~"`~'~`-~-F1 ~'^-~ a'V~4rv`[I~~ NOT APPROVED REFERRED l PASSED '~-12-0\ 0. S S U~~S-~~-~-v"~'Q.c\ Gfm~ O~W~~^~QC~, Filed in Cl®rk's ®ffice LORBTTAJ. WDA ~ ~. E)@f~, i~d. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of-the Whole, to whom was referred: BILL NO. 20-01 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE EXISTING PUBLIC RIGHTS-OF-WAY KNOWN AS WESTERN AVENUE AND COLUMBIA STREET BEING A PART 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 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 passed by the Common Council and be in full, force and effect, upon a Resolution being filed for Council consideration by the Administration which addresses the progress of the proposed construction related to the redevelopment project. Such Resolution shall further set forth a date certain for the effective date of the vacation of real property addressed in this ordinance, all of which shall be subject to the approval of the Common Council and the Mayor. Andrew Udj ak Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY . (STREETS/ALLEYS) TO THE COMMON COUNCIL ~ OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: DATE: 2-5-01 N/A B. THE STREET DESCRIBED AS: A portion of Western Avenue and a portion of Columbia Avenue- see attached NAME (signed & printed) ADDRESS LOT# City of South Bend Redevel nt Commission By: Robert W. Hunt, President Attest: Maria Jone ice President Crowe Chizek & Co. LLP (~ By: Frank B. Arfor Partner & C.O.O. RETURN TO: CONTACT PERSON(S) NAME: Kenneth K. Jones, P.L.S. ADDRESS: Wi~htman Petrie, Inc. 630 E. Colfax South Bend, IN 46617 PHONE: (219) 232-4388 OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455- COUNTY-CITY BUILDING SOUTH BEND, IN 4b601 219-235-9221 G:\200-0460\Wpdata\Petiti on. Vacate.doc 1200 County-City Building Part of Lots South Bend, IN 46601 2, 3 & 4 St. Joseph Tower Minor 330 E. Jefferson Blvd. Block 8 South Bend, IN 46601 Riverbend Addition Fited ni Cl®rl:'~ ®~fic~ ~E~ 2 ~ 2001 ~~~cA~. c~a. A ~ z Q ~_ U S T. WESTERN F- ROADWAY VACATION i i v MONROE ST ~ ~ LEGAL DESCRIPTION OF ROADWAY VACATION REQUEST PORTIONS OF WESTERN AVENUE AND COLUMBIA AVENUE That portion of the existing public rights-of--way known as Western Avenue and Columbia Street being a part 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: Commencing at the Northerly most corner of Lot 4 of St. Joseph Towers Minor Subdivision also a part of the West half of Section 12, Township 37 North, Range 2 East; thence South 58°07'22" East 8.02 feet to the place of beginning; thence Northeasterly 183.73 feet on a 360.81 foot radius curve to the left subtended by a chord bearing North 39° 18' 06" East 181.75 feet; thence North 24°42' S0" East 145.34 feet to the Easterly right-of--way of Western Avenue; thence South 5°31'20" West on said Easterly right-of- way 117.15 feet; thence continuing on said Easterly right-of--way South 0°18'28" East 284.43 feet; thence Southwesterly 114.34 feet on a 424.42 foot radius curve to the right subtended by a chord bearing South 7°21'39" West 113.99 feet to the Northerly right-of- way line of Columbia Street; thence South 69°25'55" East on said Northerly right-of--way line 96.17 feet; thence continuing on said Northerly right-of--way line Southeasterly 273.75 feet on a 422.26 foot radius curve to the right subtended by a chord bearing South 50°48'29" East 268.99 feet; thence South 57°45'53" West 80.0 feet to the Southerly right-of--way line of Columbia Street; thence Northwesterly on said Southerly right-of- way line 221.89 feet on a 342.26 foot radius curve to the left subtended by a chord bearing North SO°48'29" West 218.02 feet; thence continuing on said Southerly right-of- way line North 69°22'51" West 80.0 feet to the Easterly right-of--way line of Western Avenue; thence South 41 °42' 18" West on said Easterly right-of--way line 91.96 feet; thence continuing on said Easterly right-of--way line Southwesterly 148.38 feet on a 424.47 foot radius curve to the right subtended by a chord bearing South 47°44' 18" West 147.62 feet; thence North 32°14'51" West 85.0 feet to the Westerly right-of--way line of Western Avenue; thence Northeasterly on said Westerly right-of--way line 344.40 feet on a 339.47 foot radius curve to the left subtended by a chord bearing North 28°41'20" East 329.82 feet; thence continuing on said Westerly right-of--way line North 0°22'29" West 78.53 feet to the Northerly line of said Lot 4 of St. Joseph Towers Minor Subdivision; thence North 58°07'22" West 94.86 feet to the place of beginning. G:\200-0460\2001\Survey\Legal Westem.Columbia.doc E= E~ ~ L .2003 Coyne, Mare F. St. Joseph's Tower, Inc., St. Joseph's Care Group, Inc., 1428 Hamilton Avenue 811 E. Madison 811 E. Madison Cleveland, OH 44114 South Bend, IN 46617 South Bend, IN 46617 US of A, Wash DC Post Office South Bend, IN 46601 Civil City South Bend, South Bend, IN 46601 JV Realty, Inc., 3930 Edison Lakes Parkway Mishawaka, IN 46545 JV Realty, Inc., 401 S. Lafayette Blvd. South Bend, IN 46601 Crowe Chizek & Co., LLP, 330 E. Jefferson Blvd. South Bend, IN 46601 City South Bend, Redevelopment Authority 1200 County-City Bldg. South Bend, IN 46601 United States of America, Wash DC St. Joseph River Bend Dev. Corp., Ganey Press Real Estate LLP, Post Office P.O. Box 94839 404 Columbia St South Bend, IN 46601 Cleveland, OH 44101 South Bend, IN 46601 ~~ ~~ ~ ~ 205 PH. 219/293-7762 EMAILwpi@skyenet.net CONSULTING ENGINEERS & LAND SURVEYORS 4703 Chester Drive Kenneth K. Jones, P.L.S. Elkhart, Indiana 46516 Peter H. Schnaars, P.L.S. Bradley S. Cramer, P.L.S. Michael A. Freehling, P.L.S. Beryl M. Jones, P.L.S. John G. Kamer, P.L.S. February 15, 2001 City of South Bend Office of the City Clerk Room 455 County-City Building South Bend, IN 46601 Attention: Loreta J. Duda, City Clerk RE: CROWE-CHIZEK RE-DEVELOPMENT PROJECT Dear Ms. Duda: FAX 219/294-3717 Mark E. Wilson, P.E. Jeffrey L. McKean, P.E. Thomas A. Deneau, P.E. Mary M. Pfahler, P.E. Thomas M. Rushlow, P.E. Christopher J. Brayak, A.I.A. Wayne A. Koch, A.I.A. Enclosed please find the completed application, ordinance and mailing materials for street vacations associated with the above project. We are submitting these materials on behalf of the City of South Bend and the private partner involved with this exciting project. As always, if you have any questions please call. Sincerely, ~, E i=` / ' ~ :f L~ 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PxoNE219/235-9251 Fax 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE; MAYOR BOARD OF PUBLIC WORKS March 12, 2001 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley 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 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 Southeast Addition to the City of South Bend, St. Joseph County, Indiana. 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. The Division of Engineering stated that the residual alleys forma "T", and the City Engineer recommends that a means to allow trucks to maneuver in the stem of the "T" be implemented, or that the stem alley also be vacated. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, Lac ~~ ~ Angela .~acob, Cl~i-1 Attachments fted I~ ~~~rt~'~ ~ffice_ ~~T~ f-ua-~. i e ~~;~i I LOflBTTA J. aUDI~..a. C37YCLFfi1t, 0.?. OrF:3'i, t`~. 14UU COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 219/ 235-9241 FAx 2191235-9892 TDD 219/ 235-5567 CITY OF SOUfH BEND STEPHEN J. LuECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY March 9, 2001 (Hand Delivered) Honorable Charlotte Pfeifer President, South Bend Common Council 4"' Floor County-City Building South Bend, Indiana 46601 RE: Bill No. 20-01: Petition to Vacate and Ordinance to Vacate Vacation for Implementation of the River Glen Expansion/Construction Project Dear Ms. Pfeifer: Attached is a Substitute Ordinance on Bill No. 20-01 related to the above-referenced redevelopment project. This Substitute Ordinance revises Section V, and only Section V, of the original Ordinance to provide a delayed effective date for vacation of portions of Western Avenue and Columbia Street. The construction project related to this Ordinance shall have several complex stages. Closure of the streets to through vehicular movements may vary according to the construction schedule in order to provide for minimum disruption to traffic. In addition, the delayed triggering mechanism of the Substitute Ordinance should facilitate an orderly transition establishing two-way traffic on Jefferson and Wayne Streets. Revised Section V of the Substitute Ordinance reflects the intent that the ultimate vacation of the effected portions of Western Avenue and Columbia Street be triggered by a Resolution of the City of South Bend Board of Public Works upon the recommendation of the City Engineer based upon the progress of the construction. Gary Gilot, Director of Public Works will be making the appropriate presentation to the Council. It is also expected that the City Engineer, Carl Littrell and representatives ofthe Redevelopment Commission and Crowe-Chizek will also be in attendance to offer further information or assistance. Sincerely, ~" adean M. DeRose Chief Assistant City Attorney CAG:jI cc: Owen Rock Gary Gilot Carl Littrell Filed In Cleriz's Office ~i/~!~i 0 ~ ~0(!- LOAt£'TTA J. DLtDA CJiY CLERK, &O. [I~el~, L?!. THOMAS L. BODNAR CHERYL A. GREENS FRANK E. SCHAFFER JEFFREY M. JANKOWSKI ROBERT C. ROSENFELD ANN-CAROL NASH