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HomeMy WebLinkAboutVacation - Street - Bendix, Calvert, Delaware, - Richland 2nd AdditionORDINANCE No. 9101-00 Passed by t/ie Common Co[tncil of the Ciry of Sottt/t Bend, Indiana Attest: Attest: March 27, 00 20 Presented by me to the Mayor of the City of Sotttlt Bend, Indiana March 28, 20 00 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me rlarch 29, 20 00 Mayer ORDINANCE NO. 1 ~ ~ I - OO AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first street to be vacated is described as Bendix Drive from the south right-of- way of the first east-west alley south of Calvert Street to the south right-of--way of Delaware Street for a distance of approximately 398 feet and a width of 60 feet. The second street to be vacated is described as Delaware Street from the west right-of--way of Bendix Drive to the east right-of--way of vacated Kaley Street for a distance of 250 feet and a width of 60 feet. Both streets are located in the Richland 2nd Addition, City of South Bend, Saint 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: The first street to be vacated is described as Bendix Drive from the south right-of- way of the first east-west alley south of Calvert Street to the south right-of--way of Delaware Street for a distance of approximately 398 feet and a width of 60 feet. The second street to be vacated is described as Delaware Street from the west right-of--way of Bendix Drive to the east right-of--way of vacated Kaley Street for a distance of 250 feet and a width of 60 feet. Both streets are located in the Richland 2nd Addition, City of South Bend, Saint 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 maybe injuriously or beneficially affected by such vacating: Lot 34 Richland 1st Addition 18-8110-4174 G&M Properties 14299 Day Rd., Mishawaka, IN. 46545 Lot 36 Richland 1st Addition 18-8110-4176 G&M Properties 14299 Day Rd., Mishawaka, IN. 46545 Lot 35 Richland 1St Addition 18-8110-4175 City of South Bend, Board of Works Room 1346, 227 West Jefferson Blvd. County City Bldg., South Bend, IN. 46601 Lot 355 Homeland 3rd Addition 18-8108-4074 John Mazall C/O Frank J. Mazall 29449 New Road, North Liberty, IN. 46554 Lot 356 Homeland 3~d Addition 18-8108-4075 John Mazall C/O Frank J. Mazall 29449 New Road, North Liberty, IN. 46554 Lot 353 Homeland 3~d Addition 18-8108-4002 Jerry and Carolyn Lax 529 S. Bendix Dr., South Bend, IN. 46619 Lot 354 Homeland 3rd Addition 18-8108-4003 Jerry and Carolyn Lax 529 S. Bendix Dr., South Bend, IN. 46619 The petitioner Martin Blad Farms, Inc. S899S Mayflower Rd., South Bend, IN. 46619 owns the following abutting property Lot 47 Richland 2nd Addition Lot 48 Richland 2nd Addition Lot 49 Richland 2nd Addition Lot SO Richland 2nd Addition Lot 51 Richland 2nd Addition Lot S2 Richland 2nd Addition Lot S3 Richland 2nd Addition Lot S4 Richland 2nd Addition Lot SS Richland 2nd Addition Lots 56-61, 63, 205, 206, 239 Richland 2nd Addition Lot 62 Richland 2nd Addition 1&8121-4SS7 18-8121-4549 18-8121-4548 18-8121-4547 18-8121-4546 18-8121-4S4S 18-8121-4544 18-8121-4543 18-8121-4542 18-8121-4S3S 18-8121-4541 SECTION IV. The purpose of the vacation of the real property is that it has been plotted farmland since the early 1920's. It has always been farmed. Kaley Street and Alley to the East have already been vacated with Resolution 89S 1-98. 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. _, Member of the Common C cil 1st READING 3-~3-Ga PUBLfC HEARING 3- L`?-~ O 3 rd READING ~ -2r~-DO NOT APPROVED kited in Cieriz's Cfi~ice t~~A~ 0 1 2000 LOAxTTA J. DSJDt. Cl7Y CLER4t, ^~. EEIPC, ity. REFERRED PASSED 3 - L'1- 00 COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 26-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS DESCRIBED AS BENDIX DRIVE FROM THE SOUTH RIGHT-OF-WAY OF THE FIRST EAST-WEST ALLEY SOUTH OF CALVERT STREET TO THE SOUTH RIGHT-OF-WAY OF DELAWARE STREET FOR A DISTANCE OF APPROXIMATELY 398 FEET AND A WIDTH OF 60 FEET. THE SECOND STREET TO BE VACATED IS DESCRIBED AS DELAWARE STREET FROM THE WEST RIGHT- OF-WAY OF BENDIX DRIVE TO THE EAST RIGHT-OF-WAY OF VACATED KALEY STREET FOR A DISTANCE OF 250 FEET AND A WIDTH OF 60 FEET. BOTH STREETS ARE LOCATED IN THE RICHLAND 2~ ADDITION, CITY OF SOUTH BEND, SAINT 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 Udjak Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS /ALLEYS) To the Common Council Date: Of the City of South Bend, Indiana We, the undersigned property owners petition you to vacate: The first street to be vacated is described as Bendix Drive from the south right-of- way of the first east-west alley south of Calvert Street to the south right-of--way of Delaware Street for a distance of approximately 398 feet and a width of 60 feet. The second street to be vacated is described as Delaware Street from the west right- of-way of Bendix Drive to the east right-of--way of vacated Kaley Street for a distance of 250 feet and a width of 60 feet. Both streets are located in the Richland 2°d Addition, City of South Bend, Saint Joseph County, Indiana. Name Address Lot# f%'_ , ,~ 'L-u1, ~1~Lt~-~ 58995 Mayflower Rd. 47-70, 172-239 Martin Blad Far s, Inc. South Bend, IN. 46619 ~~.~~~~~~~ ~ ~G 14299 Day Rd. 32, 33, 34, 36, 37, 38 G&M Properties Mishawaka, IN. 46545 Contact persons: Wayne Blad 58995 Mayflower Rd. 219-234-7271 South Bend, IN. 46619 Eric Blad 58995 Mayflower Rd. 219-234-7271 South Bend, IN. 46619 Return to: Office of the City Clerk Loretta J. Duda, City Clerk Room 455, County-City Building South Bend, IN. 46601 219-235-9221 Filed Irr Cl;~r~z~~ ~~~ic~ E~1~~ 0 ~ 2pQQ - n,~t cmrct~'.~, cca. ards~, art t • ICNt-~~~-~ ~' ~~ Fg~~)~) • CALVERT -4172 -4174 -4176 -4178 18-8110 31 32 33 34 35 136 7 38 ~c3` I ~ ~ 39 -4173 O' ~ ~h~ I ~ ~~O - 4177 -4526 71 I 56 ~ L - - - , J 55 4542 40-4550 70 57 54 -4543 41 -4551 W g _ _ 69 _ 58 53 JQ 18-8106 -4529 68 ~ ~ -4544 42 -4552 Y 349 59 ~- - - - - -~ ~ X ,-4545 52 43 -4553 350 67 60 ~ W 51-4546 44 -4554 66 61 m 50 351 _4000 r- - - - - - -4547 45 -4555 65 I 62 -4541 2 -4001 ~ - - - - 49_4548 46 -4556 ~ ~ 35 -4002 64 ~~ - 549 48 47 -4557 ,~c~0 ,`~~ ~ 2 -4003 354 . .. .............. ~l':,v PGA DELAWARE 6 .~~ ~' 205 ~ . ~- ..... ..... .. . 1 s~~~1 ~~ . 20 ~~~ 206 239 SO. .-4074 -355 ~~~ `2 207 ~ 238 174 203 35 -4 ~5 175 18-8121 208 237 ~ • i 2 00 5407 209 c -~, 176 236 'O ~ U`s 358 F' ~ 201 0 ~ ~ ~ -4077 , 210 235 v, .~ ~ 7 359 STREET VACATION 18- 8108 The first street to be vacated is described as Bendix Drive from the south right-of--way of the first east- west alley south of Calvert Street to the south right-of--way of Delaware Street for a distance of approximately 39$ feet and a width of 60 feet. The second street to be vacated is described as Delaware Street from the west right-of--way of Bendix Drive to the east right-of--way of vacated Kaley Street for a distance of 250 feet and a width of 60 feet. Both streets are located in the Richland 2nd Add., City of South Bend, St. Joseph County, Indiana. MARTIN GLAD FARMS, INC. MINT .POTATOES -CORN City of South Bend Office of the Clerk 58995 STATE ROAD 123 SOUTH BEND, IN. 46619 PHONE: (219) 234-7271 234-8889 Room 455, County-City Building South Bend, IN. 46601 219-235-9221 Martin Blad Farms, Inc. 58995 Mayflower Rd. South Bend, IN. 46619 219-234-7271 Dear Sir or Madam: We, Martin Blad Farms, Inc., are petitioning to vacate two small streets that are in the middle of one of our farm fields. The streets exist only on paper. The field has always been farmland. If you have any questions please call at any time. Ask for Eric Blad or Wayne Blad at 219-234-7271. T k you f~ r ti e, Eric Blad FIIe~ In C1~~Ic'~ ~~~I~~ ~~ ~:~;r ~ ~ ~T~1`~.,a .__.> e.....~,.... .- , ~L i ~~ ~: ~ ~'' 4 c; Y~ s;:.~y~,~, ;spa: a-.. , 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PxoNE219/235-9251 FAx 219/235-9171 TDD 219!235-5567 POARI~ OF PUBLIC dd ORKS March 27, 2000 Members of the Common Council Council Chambers ~ County-City Building, 4th Floor ~ South Bend, Indiana 46601 RE: Vacation of Public Property Dear Council Members: In accordance with Municipal Code Section 18-53.8, favorable recommendation is submitted to the Common Council concerning the following vacation: Bendix Drive from the south right of way of the first east west alley south of Calvert Street to the south right of way of Delaware Street for a distance of approximately 398 feet and a width of 60 feet. The second street to be vacated is described as Delaware Street from the west right of way of Bendix Drive to the east right of way of vacated Kaley Street for a distance of 250 feet and a width of 60 feet. Both streets are located in the Richland 2nd Addition, City of South Bend, Saint Joseph County, Indiana. The Board of Public Works received favorable recommendations from the Engineering Department, Area Plan Commission, Department ofEconomic Development, Fire Department, Solid Waste, Police Traffic Department, and the City Attorney's Office, subject to any utility easements that maybe required. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Si cerely, G~~ ~~~ ~~ - Angela cob, Cler Attachments