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Home My WebLink About9885-08 Vacation - A portion of the Right of Way of Callender Street from US 31 South (Michigan Street), but notORDINANCE No. seas-oa Passed by the Common Council of the City of South Bend, Indiana December 8, Attest: Attest: 20 08 Presented by me to the Mayor of the City of South Bend, Indiana December 9, 20 08 Ciry Clerk President of Common Council City Clerk Approved and signed by me December 10 , 20 0 8 /~ Maynr ORDINANCE NO. ~ ~g~ ~~ AN ORDINANCE TO VACATE A PORTION OF THE RIGHT OF WAY OF CALLENDER STREET FROM US 31 SOUTH (MICHIGAN STREET), BUT NOT REACHING ST. JOSEPH STREET, FOR A DISTANCE OF 500 FEET, MORE OR LESS, AND A WIDTH OF 50 FEET 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 PARCEL OF LAND LOCATED IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND BEING THE RIGHT OF WAY OF CALLANDER STREET FROM US 31 SOUTH (MICHIGAN STREET) TOWARD, BUT NOT REACHING ST. JOSEPH STREET, FOR A DISTANCE OF 500 FEET, MORE OR LESS, AND A WIDTH OF 50 FEET. DEDICATION OF CALLANDER STREET WAS RECORDED IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDERS ON NOVEMBER 25, 1959, IN BOOK 596, PAGE 23 THRU 26. 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: Key Numbers: 023-1035-1759 023-1035-1762 023-1035-1769 023-1035-1760 023-1025-1761 023-1035-1767 023-1035-1768 SECTION IV. The purpose of the vacation of the real property is to enable the property to be used in a retail store development. 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 oft mmon Council Attest Cler Presented by a to the Mayor of the City of South Bend, Indiana on the t h day of. .u~. , 2 ~ 0 8 , at 3 ~o y o'clock ~. m. ~ City Clerk Approved and signed by me on the ~ day ,e.c~,sn.~c~-~ 2 Df~, at o : /~ o'clock G~-. m. Mayor, ity of th Bend, In ~'ilcu In Clerlc'S Of#ice 1st READING ~ ~ ~L~{-4 g PUBLIC HEARING (2-$~~-`~ ~ ~{~~ " 6 2~0$ s rd READING (Z g' -~ NOT APr""ROVED JOHN VOORDE REFERRED ' PASSED L 2-~~~o CI'iY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 73-08 A BILL TO VACATE A PORTION OF THE RIGHT OF WAY OF CALLENDER STREET FROM US 31 SOUTH (MICHIGAN STREET), BUT NOT REACHING ST. JOSEPH STREET, FOR A DISTANCE OF 500 FEET, MORE OR LESS, AND A WIDTH OF 50 FEET Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with no recommendation due to a lack of a quorum. Derek D. Dieter Chairperson, Committee of the Whole i _ 'y SOUTH BEND CITY COUNCIL PETITION TO VACATE STREET T. Arthur Stump petitions to vacate Callander Street pursuant to Indiana Code Sec. 36-7-3-12 between St. Joseph Street and South Michigan Street, specifically that portion of Callander bordering the following parcels: Key No. Legal Description Address 023-1035-1759 Lot 1 & 2 N Pt Sw E of Hwy Sec 25-37-2e 4600 S Michigan St South Bend, IN 46614 023-1035-1760 74.48x179.15 Beg 430 5 Ireland Rd & E Line 130 E Callander St US 31 Ex EW 10 to State Sec 25-37-2e South Bend, IN 46614 023-1035-1761 60x135 on Callander E of US 31 Sw % 4600 5 Michigan St Sec 25-37-2e South Bend, IN 46614 023-1035-1762 135x149.85 Beg S of C/L Ireland & 342.46 4600 S Michigan St E of E Line US 31 Lot 3 Sec 25-37-2e South Bend, IN 46614 023-1035-1767 110x141.32 Beg 420.17 E of E Line 4600 S Michigan St US 31 Lot 16 Callanders Pro Sec 25-37-2e South Bend, IN 46614 023-1035-1768 Irr Tr Beg 174.91E & 673.04 S of Inter US 31 122 E Callander St & E & W C/L Sec 25-37-2e South Bend, IN 46614 023-1035-1769 Irr Tr 118.25 E Side US 31 Beg 673.04 S of 4600 S Michigan St Ireland C/L Lot 19 Callanders Pro Sec 25-37-2e South Bend, IN 46614 all of which are owned by T. Arthur Stump and which are shown visually on the attached map. The circumstances of the vacation are to enable the property to be used in a retail store development. Frank J. Agostino, E Date Attorney for Petit ner 120 W. LaSalle Avenue, Suite 704 P.O. Box 1635 South Bend, IN 46634 574-288-3750 574-245-5972 (FAX) Frank_Agostino@msn.com ~il~c~ In Clerk's Of#lce ~u~ 1 3 2008 ~~ 113 ;t.~?' ~~.,~,,8 ~-• qDE ,_ ~.~., ....:~ It ~;. ?END, IPl. i ~' 23- 03s- 30 I 23-1036-1729.01 23-1036-1729 ~ y 23-1030-1902 I 2J-i103S+1700 O 903 e 3-10351790 Ou~103S=1782 I 251036=I7;J 0 50,0' 0 f03s+1799 I a 10~i1799 I 02b~1033-1797 I 0 1035-i7o9I O 23=103Y1770 • 2s-163s-m1 LEGAL DESCRIPTION A parcel of land located in the North half of the Southwest Quarter of Section 25, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, IN and being the right of way of Callander Street from St Joseph Street to US 31 South (Michigan Street) for a distance of 680 feet, more or less, and a width of 50 feet. Dedication of Callander Street was recorded in the Office of the St Joseph County Recorder on November 25, 1959 in Book 596, ' Page 23 thru 26. 736 1316 COUNTY-CITY BCiILDING 227 W. JErreasoN BovicevaxD SOUTk~1 BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. L[JECI{E,'MAYOR POARD OF PUBLIC CORKS September 22, 2008 Mr. Frank Agostino 120 West LaSalle Avenue, Suite 704 Post Office Box 1635 South Bend, Indiana 46634 RE: Street Vacation - Callandar Street (Preliminary Review) Dear Mr. Agostino: PHONE 574/ 235-9251 PAx 574/235-9171 TDD 574/ 235-5567 Upon review by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office, the following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguoLs. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or incom~enient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Board is submitting a favorable recommendation for this vacation subject to replatting the lots so there are no land-locked lots and with the understanding that there will be no access to U.S. 31 because of anon-access easement bordering U.S. 31. Once these concerns are addressed, you will need to obtain a radius map showing properties within 150' of the proposed vacation from the Division of Engineering to take to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius snap and with any questions regarding this vacation. Sincerely, ~~ ~ > .L~{_ ;~ L nda M. Martin, Clerk \~ c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARYA. GILOT, P.E. CARL P. LITTRF.LL, P.F.. DONALD E. INKS PRESIDENT MEMBER MEMBER