HomeMy WebLinkAboutVacation - Street - Greenlawn - 6th Sunnymede additionORDINANCE No.
9205-01
Passed by the Conrntorr Council of the City of Soutlz Bend, Indiana
March 26,
Attest:
Attest:
01
20
Presented by me to the Mayor of the City of South Bend, Indiana
~/larrh ~7, 20 01
City Clerk
President of Common Council
City Clerk
Approved and signed by me Marrh ~~,., .. 20 ~-
Mayor
ORDINANCE NO. ~ ~~ ~ ~~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
A PORTION OF GREENLAWN AVENUE FROM THE NORTH RIGHT OF WAY LINE OF
MISHAWAKA AVENUE TO THE SOUTH RIGHT OF WAY LINE OF WALL STREET
FOR A DISTANCE OF 561.5 FEET, MORE OR LESS, BEING A PART OF
WHITCOMB & KELLER'S 6TH SUNNYMEDE 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:
A portion of Greenlawn Avenue from the North right of way line of
Mishawaka Avenue to the South right of way line of Wall Street
for a distance of 561.5 feet, more or less, being a part of
Whitcomb & Keller's 6t'' Sunnymede 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:
Lot Number 948, Key Number: 18 6125 4506
Lot Number 946-0, Key Number: 18 6125 4507
Lot Number 991, Key Number: 18 6125 4508
City of South Bend Parks Department, Potawatomi Park
SECTION IV. The purpose of the vacation of the real property
is to facilitate the remodeling and expansion of Adams High
School.
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 Adams High School 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.
V~1-Y
Member of the Common C uncil
1st READING ~~ ~'01
PUBLIC HEARING 3-Lb-01
3 rd READING 3 _L~ - 01
NOT APPROVED
REFERRED
PASSED '3 -2,10-01 0. S
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LORP?TTA J. DUUA
CITY CL~R~, ED. ®EFtD. itl.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
6-01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: A PORTION OF GREENLAWN AVENUE
FROM THE NORTH RIGHT OF WAY LINE OF MISHAWAKA
AVENUE TO THE SOUTH RIGHT OF WAY LINE OF WALL
STREET FOR A DISTANCE OF 561.5 FEET, MORE OR LESS, BEING
A PART OF WHITCOMB & KELLER'S 6TH SLINNYMEDE
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 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 Adams High School
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 Udjak
Chairman
a
WHITCOMB
ADAMS HIGH SCHOOL
SUNNYMEDE
POTTAWATOMI PARK
STREET VACATION
The street to be vacated is a portion of Greenlawn Avenue from
the North right of way line of Mishawaka Avenue to the South
right of way line of Wall Street for a distance of 561.5 feet,
more or less. Being a part of Whitcomb 8c Keller's
6th Sunnymede addition to the City of South Bend, w. ..
St. Joseph County, Indiana ~ a ~~~`, ,"y !4'~ ~z~;; .
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CITY CL~t2:., ~~+. `.;"•:r, ~ . ,
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: January 3, 2001
I THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE:
THE STREET DESCRIBED AS:
A portion of Greenlawn Avenue from the North
right of way line of Mishawaka Avenue to the
South right of way line of Wall street for a distance
of 561.5 feet, more or less, being apart of
Whitcomb & Keller's 6~' Sunnymede addition to the
City of South Bend, St. Joseph County, Indiana.
NAME (signed & printed) ADDRESS LOT # /KEY #
South Bend Community School 635 S. Main Street 948 / 18 6125 4506
Corporation South Bend, IN 46601 946-0 / 18 6125 4507
991 / 18 6125 4508
Anne E. Bruneel, Attorney for Petitioner
CONTACT PERSON:
Anne E. Bruneel
Baker & Daniels
205 W. Jefferson Blvd., Suite 250
South Bend, IN 46601
(219) 239-1918
RETURN TO:
OFFICE OF THE CITY CLERK
LORETTA J. DUDA, CITY CLERK
ROOM 455 COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
219-235-9221
::ODMA\PCDOCS\SBDOCS 1\S 1673\1
BAKER 8z DAl~II~I,5
EST. 1863
FIRST BANK BUILDING • 205 W. JEFFERSON BOULEVARD, SUITE 250 • SOUTH BEND, INDIANA 46601 • (219) 234-4149 ~ FAX (219) 239-1900 • www.bakerdaniels.com
ANNE E. BRUNEEL
DIRECT (2191 239-1918
e-mail: aebrunee@bakerd.com
January 3, 2001
Ms. Charlotte Pfeifer
President, South Bend Common Council
435 County-City Building
South Bend, Indiana 46601
INDIANAPOLIS
FORT WAYNE
SOUTH BEND
ELKHART
WASHINGTON, D.C.
QINGDAO, P.R. CHINA
Re: An Ordinance of the Common Council of the City of South Bend, Indiana to
vacate the following-described property: A portion of Greenlawn Avenue from
the North right of way line of Mishawaka Avenue to the South right of way line
of Wall Street for a distance of 561.5 feet, more or less, being a part of Whitcomb
& Keller's 6th Sunnymede addition to the City of South Bend, St. Joseph County,
Indiana.
Dear Ms. Pfeifer:
Attached for filing please find the above-referenced Ordinance for first reading by
the Common Council at its January 8, 2001 meeting. This Ordinance authorizes the vacation of
Greenlawn Avenue between Mishawaka Avenue and Wall Street, which will facilitate the
renovation and expansion of Adams High School.
Your favorable consideration is respectfully requested. Please do not hesitate to
contact me if you need additional information.
Sincerely,
::ODMA\PCDOCS\SBDOCS 1 \82338\ 1
BAKER & DANIELS
(i[/~"'`'c- ~~' d" "'.ref
Anne E. Bruneel
Attorney for Petitioner
South Bend Community School Corporation
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1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN ]. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
January 22, 2001
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Street Vacation
Dear Members of the Council:
PHONE 219/235-9251
Fax 2191235-9171
TDD 219/235-5567
In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being
submitted to the Common Council concerning the Vacation of a Street on the following:
A portion of Greenlawn Avenue from the north right of way line of Mishawaka Avenue of
the south right of way line of Wall Street for a distance of 561.5 feet, more or less, being a
part of Whitcomb & Keller's 6`'' Sunnymede Addition to the City of South Bend, St. Joseph
County, Indiana.
Favorable recommendations concerning this Vacation Petition have been received from the
Police Department, Fire Department, Sanitation, Department of Economic Development and the
Department of Public Works. Area Plan stated that vacating this street would disrupt the public's
access to Potawa~tomi Park from the south and result in the creation of increased traffic through the
residential neighborhood to the west. In addition, vacating this street would~ave an impact on access
to Indiana University-South Bend. As it exists today Greenlawn Avenue is a connector between
McKinley Avenue and Mishawaka Avenue. Closing the street will result in increased traffic on
Ironwood Drive and Twyckenham Drive, which in this area are also residential streets Mr. Carl
Littrell, City Engineer, has attached a favorable recommendation for this vacation.
Therefore, the Board submits to you a favorable recommendation concerning this vacation.
Sincerely, ~ •~ '~ +T
_~
~ .
gela Jacob, Clei-
Attachments ~ ~~- ~-~--~