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Home My WebLink AboutVacation - Street - Keller & Eclipse - from Keller to Marquette - Rescinded 9107-00ORDINANCE No. 9109-00 Passed by the Common Council of the City of South Bend, Indiana May 22, Attest: Attest: ~~ i 00 ao - Presented by me to the Mayor of the City of South Bend, Indiana May 23, 20 00 City Clerk President of Common Council City Clerk Approved and signed by me raa3~, 20 00 Mayor ORDINANCE NO. ~ ~ ~ ~ ' C7~ 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 18-2102-3840 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 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 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. Upon the effectiveness of this ordinance, ordinance number 9107-00 passed by the Common Council on Apri124, 2000 is hereby rescinded in its entirety. Member of the Common Council 1 st READING S-g'~~ PUBLIC HEARINGS_LL-OD 3 rd READING ~ . LL-0~ NOT APPROVED REFERRED \ PASSEfl S .Z2--DU .,~ ~E~ Vlt~a~s~ ~ ~~"i~t;~ I'I~~' 0 ~ ~~~~ lOiiZl'iaJ. t~UD:y CITY CLEEt;;, ~. L~l6D, t?y. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 41-00 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 WH)TH 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 ~ r ~ a- 458 443 ~ 398 383 ~ W 459 442 799 382 ~" J 460 441 400 381 1 097 W 461 440 401 780 462 439 402 379 438 403 7 -7684 -3685 3 8 464 _7686 -3687437 aoa 377 ~~ 465 _Jfi8 -3689 43 ~ ~ a05 376 30' y~ ~ M ARQUETT E BLVD. - 798 466 435 406 375 346 315 467 -J~_ 434 - 407 }74 347 314 ~• - 468 473 _780 408 373 348 313 -7804 469 432 _J~5 409 372 349 312 -4079 -3806 470 a31 _380 -7876410 371 350 311 to-2109 0 -7808 471 430 -780 -38 8411 370 ~ 351 310 - - - - - - - - -4040.0 2 8 ` I -7810 472 429 -38t1 J 412 -7840 369 ~ Q 352 309 6726 -JBtp 473 ~ 6428 -781 Y 413 _784 368 ~ 353 308 -JH14 474 427 _7815 414 -J8 367 L7 354 307 -'5816 475 6 415 t 102 6 42 -781 _ J6 6 355 306 -3818 476 425 _781 _ •7848 18 365 ~ 356 305'' -7820 477 424 - 8 t - 7850 17 364 ~ 357 30a -3822 478 423 -782 - 785 41 363 358 303 -7824 479 422 _7825 - 7854 41 362 359 302 _ a~a 480 421 _la» 1 $0~ f~ - .1a56 4 0 361 360 301 ~ - - - - - - - KELLER~ so' ST. t 180.5' ~ 61 ~ 120 121 180 62 1~ 2 59 t 8-2105 119 122 179 3 58 ~' -3918 tt8 t23 t78 a 57 64 ~ 117 124 177 -4040.01 5 56 65 = 118 125 176 6 55 66 ~ 1i5 126 175 7 54 67 ~, 114 127 174 STREET AND ALLEY VACATION The first street to be vacated is the east half of Eclipse Place from the south right-of--way of Keller Street to the south right-of--way of Marquette Boulevard, a distance of 672.6 feet and a width of 30 feet. Part located in the Vernon Heights Add., South Bend, St. Joseph County, Indiana. The second street to be vacated is Keller Street from the east right-of--way of Eclipse Place to the west right-of--way of Kaley Street for a distance of 280.5 feet and a width of 50 feet. Part located in Vernon Heights Add., South Bend, St. Joseph County, Indiana. The alley to be vacated is the first north/south alley west of Kaley Street from the north right- of-way of Keller Street to the south right-of--way of Marquette Boulevard for a distance of ^p -16 fpeet-andst a~width of ~1~4 feet. Part located in the Vernon Heights Add., South Bend, ~E$.~tr~w~ gQ ~ ~~! 0 dir4M' ~. a ~ ~ .. i R~ St. Joseph County, Indiana. ~~~'~ 0 ~ 20~~1 LO es:7Ti"l J. Q3 ~aA Cs~+~!.rr~~f.^ra.n~tt~.~?3. EXHIBIT A ' - 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. (SEE 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 Le a ~b.~'~ 0 :~ ZOOn 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 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 ~~:~ Q ~~ ~O~~l 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: ~~ }~F c-r-~ t a i ~ -~- ~ GS ~ you ~"I~S 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, Ciry Clerk Room 455-County-City Building South Bend, IN 46601 (219)235-9221 55 < ~ .~`+ ~ SOUTH BEND COMMUNITY SCHOOL CORPORATION 635 SOUTH MAIN STREET SOUTH BEND, INDIANA 46601 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 area. The South Bend Community School Corporation has previously purchased Lots 421 to 435 and Lots 466 to 480 in the effected area. This ordinance is being resubmitted due to a discrepancy in key numbers. The petition as submitted originally did have the correct key numbers. It should also be noted that the scope of this project has not changed. The original ordinance listed the key number 18-2102-3854 twice to two different owners. In fact key number 18-2102-3854 and key number 18-2102-3856 should have been listed of which both properties are owned by the same person. The ordinance has been corrected to reflect the correct key numbers as listed on the original petition. I would respectfully request that this matter be set for public hearing and referred to the appropriate Council Committee for review and recommendation. Sincerely, ~m'es A. Jasiewicz ~~ Director Buildings and Grounds attachments: petition ordinance map ~, uy ~ ~~~ t ~E,~~ 0 ~ ?_0~~1 ~ i1 .~ .,~: ar CC :[ W r;' May 3, 2000