HomeMy WebLinkAboutVacation - Street - Keller & Eclipse - from Keller to MarquetteORDINANCE No.
9107-00
Passed by the Common Council of the City of South Bend, Indiana
April 24,
Attest:
Attest:
c~ Q
Presented by me to the Mayor of the City of Soutlz Bend, Indiana
A{~ril 25. 20 00
City Clerk
President of Common Council
Ciry Clerk
Approved and signed by me Air i 1 2 6 . 20 ~~
00
20 -
May~ar
ORDINANCE NO. I ~ ~ ~ " O ~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY
The first street to be vacated is the east half of Eclipse Place from the south right-of--way of
Keller Street to the south right-of--way of Marquette Boulevard, a distance of 672.6 feet and a
width of 30 feet. Part located in the Vernon Heights Add., South Bend, St. Joseph County,
Indiana. The second street to be vacated is Keller Street form the east right-of--way of Eclipse
Place to the west right-of--way of Kaley street for a distance of 280.5 feet and a width of 50 feet.
Part located in Vernon Heights Add., South Bend, St. Joseph County, Indiana. The alley to
vacated is the first north/south alley west of Kaley Street from the north right-of--way of Keller
Street to the south right-of--way of Marquette Boulevard for a distance of 622.6 feet and a width
of 14 feet. Part located in the Vernon Heights Add., South Bend, St. Joseph County, Indiana.
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indian Code Section 36-7-3-12, the Common Council is charged with the authority to
hear all petition to vacate public ways of 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. Th Common Council of the City of South Bend having held a public hearing on
the petition to vacate the following property:
The first street to be vacated is the east half of Eclipse Place from the south right-of--way of
Keller street the south right-of--way of Marquette Boulevard, a distance of 672.6 feet and a width
of 30 feet. Part located in the Vernon Heights Add., South Bend, St. Joseph County, Indiana. The
second street to be vacated is Keller Street from the east right-of--way of Eclipse place to the west
right-of--way of Kaley Street for a distance of 280.5 feet and a width of SOfeet.
Part located in Vernon Heights Add., South Bend, St. Joseph County, Indiana. The alley to be
vacated is the first north/south alley west of Kaley street from the north right-of--way of Keller
Street to the south right-of--way of Marquette Boulevard for a distance of 622.6 feet and an with
of 14 feet. Part located in the Vernon Heights Add., South Bend, St. Joseph County, Indiana,
hereby determines that it is desirable to vacate said property.
(SEE EXHIBIT A)
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 of beneficially affected by such
vacating:
Key Numbers Name and Address
18-2097-3684 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2097-3685 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2097-3686 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2097-3687 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2097-3688 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2097-3689 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3836 Joseph Grabill
15039 SR 23
Granger, Indiana 46530
18-2102-3838 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3 840
Alberta Carter
2264 Redfield Road
Niles, Michigan 49120
18-2102-3842
Alberta Carter
2264 Redfield Road
Niles, Michigan 49120
18-2102-3844 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3846 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3848 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3850 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3852 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3854 ~~~~~Raymond & Justine DeMaegt
~~`~ 1754 Kaley St.
South Bend, Indiana 46628
18-2102-385 ~ Tiffany Williams
1706 N. Kaley St.
South Bend, Indiana 46628
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18-2105-3918 South Bend Community School Corporation
635 South Main Street
South Bend, Indiana 46601
18-2109-4039 Kuert Concrete, Inc.
3402 Lincolnway West
South Bend, Indiana 46628
SECTION IV. The purpose of the vacation of the real property is to:
The South Bend, Community School Corporation is petitioning to have the above-described
streets, street segments, and alley-ways vacated in accordance with City ordinance. All of the
streets and alley-ways included in this petition are in the area designated by the South Bend
Community School Corporation as necessary in support of the construction of expanded Athletic
Facilities at LaSalle High School. The South Bend Community School Corporation has acquired
Lots 421 to 435, and Lots 466 to 480. The closing of the enumerated street and alley-ways will
enable the South Bend Community School Corporation to:
Provide a contiguous campus arrangement with the LaSalle High School building and the
designed layout of the athletic and recreational facilities.
Provide students with safe access to the athletic/recreational facilities.
SECTION V. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
v \
Member of the Common Counci
1st READWG ~-\~'~a
PUBLIC HEARING y ~ z~~ Op
3rd READING ~11zy~00
NOT APPROVED
REFERRED `
PASSED l.('L~{\O6
Fii~ta i~ ~i~~o~'~ ~,i~
MAR 2 :~ 2000
LOFirTTsS J. CeUiZP.
CIYY CLERK, O. f1 E!SD, P:~.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
34-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST STREET TO BE VACATED IS THE EAST HALF OF
ECLIPSE PLACE FROM THE SOUTH RIGHT-OF-WAY OF
KELLER STREET TO THE SOUTH RIGHT-OF-WAY OF
MARQUETTE BOULEVARD, A DISTANCE OF 672.6 FEET AND
A WIDTH OF 30 FEET. PART LOCATED IN THE VERNON
HEIGHTS ADD., SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA. THE SECOND STREET TO BE VACATED IS
KELLER STREET FROM THE EAST RIGHT-OF-WAY OF
ECLIPSE PLACE TO THE WEST RIGHT-OF-WAY OF KALEY
STREET FOR A DISTANCE OF 280.5 FEET AND A WIDTH OF
50 FEET. PART LOCATED IN VERNON HEIGHTS ADD.,
SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THE ALLEY
TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST
OF KALEY STREET FROM THE NORTH RIGHT-OF-WAY OF
KELLER STREET TO THE SOUTH RIGHT-OF-WAY OF
MARQUETTE BOULEVARD FOR A DISTANCE OF 622.6 FEET
AND A WIDTH OF 14 FEET. PART LOCATED IN THE VERNON
HEIGHTS ADD., 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.
Andrew Udj ak
Chairman
J F- ~
~ 458 443 ~ 398 383 ~
' W 459 442 399 382
a
J 460 441 400 381
W 461 1 097 440 401 380
462 439 402 379
438 4 378
-3684 -3685 03
464 _3686 -3687437 404 377
~~ 465 _368 -3689 43 ~ ~ 405 376
30• _ ~ ~ M ARQUETT E BLVD.
-3798 466 435 406 375 346 315
-3800 467 434 407 374 347 314
468 433 _S80 4-08 373 348 313
-3804 469 432 -1805 409 372 349 312
-4039 -3806 470 431 _J80 -3836410 371 350 311
18-2109
~
-3808 471
430 380
383 411
370
W
351
310
-4040.028 671 6~ I -3810 472 429 _3811 w
I 412 -3840 369 Q 352 309
-3812 473 6~ 6428 -381 .
_
Q 413 _384 368 ~ 353 308
Y
-3814 474 427 _3815 414 -38 367 L7 354 307
-3816 475 426 -381 _~4 415 1 102 66 355 306
-3818 476 425 _381 -3848 16 365 ~ 356 305
-3820 477 424 1 -J850 17 364 ~ 357 304
_3822 478 423 _382 _3852 41 363 358 303
-3824 479 422 _3825 _J654 41 362 359 302
-3826 480 421 150 R -3856 4 0 361 360 301
~ - - - - - - - KE L LER s0' ST.
1BQS~ ~`~. 61 120 121 180
1T 2 59 9 62 119
18-2105 122 179'.
3 58 = 118
-3918 123 178
4 57 64 ~ 117 124 177
-4040.01 5 56 65 = 116 125 176
6 55 66 ~ 115 126 175
7 54 67 ~ 114 127 174
STREET AND ALLEY VACATION
The first street to be vacated is the east half of Eclipse Place from the south right-of--way of Keller Street
to the south right-of--way of Mazquette Boulevard, a distance of 672.6 feet and a width
of 30 feet. Part located in the Vernon Heights Add., South Bend, St. Joseph County, Indiana.
The second street to be vacated is Keller Street from the east right-of--way of Eclipse Place
to the west right-of--way of Kaley Street fora distance of 280.5 feet and a width of 50 feet.
Part located in Vernon Heights Add., South Bend, St. Joseph County, Indiana.
The alley to be vacated is the first north/south alley west of Kaley Street from the north right-
of-way of Keller Street to the south right-of--way of Marquette Boulevard fora distance of
622.6 feet and a width of 14 feet. Part located in the Vernon Heights Add., South Bend,
St. Joseph County, Indiana. _,~...,,_.
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r1AR 2 ~ 200
EXHI IT
LOr~'isiJ. ~J'3';~
PETITION TO VACATE PUBLIC WAYS IN THE CITY OF SOUTH BEND
To: The Common Council of the
City of South Bend, Indiana
Date: March 27, 2000
The South Bend Community School Corporation Board of School Trustees, acting by and
through the School Corporation administrative personnel, owners of those parcels of property as
identified below, which properties about the following right-of--way, PETITION the Common
Council of the City of South Bend, Indiana to vacate the streets, street segments, and alleys
described as:
The first street to be vacated is the east half of Eclipse Place from the south right-of--way
of Keller Street to the south right-of--way of Marquette Boulevard, a distance of 672.6 feet
and a width of 30 feet. Part located in the Vernon Heights Add., South Bend, St. Joseph
County, Indiana. The second street to be vacated is Keller Street form the east right-of-
way of Eclipse Place to the west right-of--way of Kaley street for a distance of 280.5 feet
and a width of 50 feet. Part located in Vernon Heights Add., South Bend, St. Joseph
County, Indiana. The alley to vacated is the first north/south alley west of Kaley Street
from the north right-of--way of Keller Street to the south right-of--way of Marquette
Boulevard for a distance of 622.6 feet and a width of 14 feet. Part located in the Vernon
Heights Add., South Bend, St. Joseph County, Indiana.
(5EE EXHIBIT A)
The following properties with respective owners noted, are situated within one hundred
and fifty feet (150') of the exterior boundaries of the streets, street segments, and alleys petitioned
to be vacated:
Key Numbers Name and Address
18-2097-3684 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2097-3685 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2097-3686 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2097-3687 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
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CfTYCLEr~Y., ~'J. ~'Pr., it. '
18-2097-3688 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2097-3689 Raymond DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3836 Joseph Grabill
15039 SR 23
Granger, Indiana 46530
18-2102-3838 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3840
18-2102-3842
Alberta Carter
2264 Redfield Road
Niles, Michigan 49120
Alberta Carter
2264 Redfield Road
Niles, Michigan 49120
18-2102-3844 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3846 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3848 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3850 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
18-2102-3852 Raymond & Justine DeMaegt
1754 N. Kaley St.
South Bend, Indiana 46628
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18-2102-3854 Tiffany Williams
1706 N. Kaley St.
South Bend, Indiana 46628
18-2102-3856 Tiffany Williams
1706 N. Kaley St.
South Bend, Indiana 46628
18-2105-3918 South Bend Community School Corporation
635 South Main Street
South Bend, Indiana 46601
18-2109-4039 Kuert Concrete, Inc.
3402 Lincolnway West
South Bend, Indiana 46628
South Bend Community School Corporation
By:
Title: ~ - IZ c C ~ R ~ ~ ~ ~ ,
Contact Person:
James A. Jasiewicz
Director of Buildings and Grounds
South Bend Community School Corporation
635 South Main Street
South Bend, Indiana 46601
(219) 283-8002
Attest:
Office of the Ciry Clerk
Loretta J. Duda, City Clerk
Room 455-County-City Building
South Bend, IN 46601
(219)235-9221
Cy' i ~ ~I s ~,a ~ @,r'~ u ~ 3 3'4~.n SS
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SOUTH BEND COMMUNITY SCHOOL CORPORATION
635 SOUTH MAIN STREET SOUTH BEND. INDIANA 46601
March 27, 2000
South Bend Common Council
President Charlotte Pfeiffer
4~` Floor County-City Building
South Bend, Indiana 46601
Dear Ms. Pfeiffer,
Attached please find a petition to vacate various public ways needed for the expansion of
Athletic Facilities at LaSalle High School. Also attached is a proposed form of ordinance which
would vacate each of the effected areas, and a map detailing each azea. The South Bend
Community School Corporation has previously purchased Lots 421 to 435 and Lots 466 to 480 in
the effected area.
I would respectfully request that this matter be set for public hearing and referred to the
appropriate Council Committee for review and recommendation.
Sincerely,
James A. Jasiewicz
Director Buildings a,nd Grounds
attachments:
petition
ordinance
map
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