HomeMy WebLinkAbout9886-08 Vacation - All Rights-of-Way within the Crescent Oaks, Section one subdivision, excluding the 40 foot wide halfORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
December 8, 20 08
Attest: ~"'"' „~~~~-~ J City Clerk
Attest: President of Common Council
Presented by me to the Mayor of tlae City of South Bend, Indiana
December 9, 08
20 _
Approved and signed by me D e c m b e r 10 , 2p 0 8
City Clerk
_ Mayer
ORDINANCE NO. Q~g~.~~''
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
ALL RIGHTS-OF-WAY WITHIN THE CRESCENT OAKS, SECTION ONE
SUBDIVISION, EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF
IRONWOOD ROAD
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:
ALL RIGHTS-OF-WAY WITHIN THE CRESCENT OAKS, SECTION ONE
SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0829850 IN
THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA,
EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF IRONWOOD
ROAD. MORE SPECIFICALLY BEING THE CANAL STREET, ROYAL
STREET, ST. CHARLES AVENUE, AND BASIN STREET RIGHTS-OF-WAY
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:
LOTS 1 THROUGH 31 IN CRESCENT OAKS, SECTION ONE AS
RECORDED UNDER INSTRUMENT NUMBER 0829850 IN THE OFFICE
OF RECORDER OF ST. JOSEPH COUNTY, INDIANA.
SECTION IV. The purpose of the vacation of the real property is to
correct an error between the location of the rights-of-way as shown on the
recorded subdivision plat and the actual location of the rights-of-way as
constructed.
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.
`l
Member of th ommon Council
Attest:
CI k
P~~sented b me to the Mayor of the Ci of South Bend, Indiana on the
day of ~ , 20o Fs , at ~ =~ o'clock ~. m.
_ ~
~ity Clerk
Approved and signed by me on the /D ~ day u~~.,
2 Am , at o: ~ o'clock ~-. m.
Mayor, City o outh Bend, Indiana
1st P.~AD;~lG ~ ~ l z~-~K
PU6LEC HEF~RING ~L-g'`~~
3rd R£.~D;';G ~ Z_8 _J g
'~T, c-t.~ct.v~rcLT
~~ ~SS£D~ 12. ~_~ o
Filed In Clerk's Qf1-ce
Nov ~ 9 2~^
BONN VOQaDF
~ cL~Fx, se. e~N~, iN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
74-08 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALL
RIGHTS-OF-WAY WITHIN THE CRESCENT OAKS, SECTION ONE
SUBDIVISION, EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-
WAY OF IRONWOOD ROAD
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
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: 11/12/08
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
B. THE STREET DESCRIBED AS:
ALL RIGHTS-OF-WAY WITHIN THE CRESCENT OAKS, SECTION ONE SUBDIVISION AS
RECORDED UNDER INSTRUMENT NUMBER 0829850 IN THE OFFICE OF RECORDER OF
ST. JOSEPH COUNTY, INDIANA, EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF
IRONWOOD ROAD. MORE SPECIFICALLY BEING THE CANAL STREET, ROYAL STREET,
ST. CHARLES AVENUE, AND BASIN STREET RIGHTS-OF-WAY.
NAME (signed 8 printed) ADDRESS
TAMPICO DEVELOPMENTS. L.L.C. 828 EAST JEFFERSON BOULEVARD
BRIAN MILLER. VICE PRESIDENT SOUTH BEND. IN 46617
SIGNATURE
LOT #
1 THROUGH 26
CONTACT PERSON (S)
NAME: DEREK J. SPIER. AICP
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS:
JOHN VOORDE, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
574-235-9221 PHONE:
750 LINCOLN WAY EAST
SOUTH BEND. IN 46601
574-232-8700
~i~Ci~)''b'~ O~fC~
NOV 1 2 2U:;
JG'~1N V~p MEND, IN.
CCi`(CLERK,
~-13(.0` ro
$gtK50~1 Ao/yD
OURRENII-Y OR PRENOUSLY
KAIYAWONGSA WORAIAK
fi028BEND~ IN1 6614 Z(p Ip'35-
SOUTH 8634626
INSTR. /
-oss9.~~
$I
_HI
31
• I
nl
~I
of
~-~ ~I
.~ I
-lO~
I
I
I
I
._________________J
~c~~o~ / (~~~s M~Q
S~TI o N f,/N
` ~NST/Z.~O$Z~SSa
Z~-Io3S
STONEHEDGE SUBDINSION, SECTION 2
LOT 9236'~SA
INSTR /
' P/lot~e2~
~- DwA1FF/t~
' wlrn+,~l ISo I
1
1
-o.,--on- Qn - ~~ o--
~^ ~^ ~ ,
P
.00' 87.00' 67,00' 65.00' 65.00' 65.00'
'W 69292' ' __,_~____ __--_,~--__ `-. ___________________
I
\\ - p59o.5z I-pSga.53i-oSwa,S4~-os9o,ss
I \\ I I I I I I y I Io
I ~ 1 I I I I I I
I \\\ I 4 I s I c I ~ I e I I
I \\ I I d I 1 1
( ~-11035 I ESTAIfES. SECnoN 3. pJRT 2 I I I
\\ I 9516217 I I
~ \\ I i STONEHEDGE INSTRI / I I '
I I I _I-`
I \\ '-J'~ I I I I I
I z ~~~ \\ I I I I 1 ~~ \\
i ~ ~ --1--------~-------~-------~-------~---~ \~//
I i tlNONLEY CHASE (30' R/v/) I
___-__T-__~ 11
____ \Y __i_______i_______i ______ i I ~ /
1 i 1 I I I ~~_~i
I /~ I I I 1 ' j \\\\
1 r/
File) h Clerk's Office
NOV 1 2 2008
SOY;N YOOROE
CITY CLE"nK, S0. FEND, hJ.
Z~-Io3S
- 0589.02.. ~ SC/+l,E
N 1~= IOc~(
NICHOLAS J. BRADY REV. TRUST RANDALL R & NANCY L. FISH WORALAK KALYAWONGSA
17833 BROMLEY CHASE 17851 BROMLEY CHASE 60284 U.S. 31 SOUTH
SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 - -
14-1035-0590.55 14-1035-0590.54 26-1035-0589.01
JOHN C. & NANCY J. KINNER
17891 BROMLEY CHASE
SOUTH BEND, IN 46614
14-1035-0590.52
NATIONAL ORGANIZATION OF THE KURT L. & MARY B. WARNER
NEW APOSTOLIC CHURCH 17871 BROMLEY CHASE
3753 NORTH TROY STREET SOUTH BEND, IN 46614
CHICAGO, IL 60618 14-1035-0590.53
26-1035-0590.17
WSBT INC. TAMPICO DEVELOPMENTS, L.L.C.
300 WEST JEFFERSON BOULEVARD 82'8 EAST JEFFERSON BOULEVARD F:~Projectsuvl7-0784~Right-0f--Way Vacation\Tax Key
SOUTH BEND, IN 46601 SOUTH BEND, IN 46619 List.doc
23-1034-1726 26-1035-0589.02(PT.)
~-'t~.r1~~ (~t:~.'c ~t'i`s~2
1"ei-•
~~~i'
JGii' dil::i:--•~ ~
CITY CLt;K, ~0, E~:~____•_~ _,
t 316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULE\'ARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECt{E, MAYOR
BO11RD OF PUBLIC WORKS
November 24, 2008
Mr. Derek Spier
Abonmarche Consultants, LLC
750 Lincoln Way East
South BEnd, Indiana 46601
PHONE>74/235-9251
Fax 574!235-9171
TDD 574/ 235-5567
RE: Street and Rigltt-of Ways Vacations -All Streets and Rights-of--Way in the Crescent Oaks
Subdivision
(Preliminary Review)
Dear Mr. Spier:
The Board of Public Worlcs, at its November 24, 2008, meeting, reviewed your request to
vacate al] of the streets and right-of ways in the Crescent Oaks Subdivision due to an incorrect
survey. The Board found that no city utilities or property transfers have been made so no comments
were sought fiom other departments.
The Board is submitting a positive recommendation for the vacation to the Common Council
If you have any questions, please call me at (574) 235-9251.
Sincerely,
,
.., ~__j
``~,(_: ~~ ~,c~ / `~~ ~'L~c~ •`..~. r -yam..
Linda M. Martin, Clerk
c: Tony Molnar, Engineering
Janice Talboom, Engineering
Federico Rodriguez, Fire Department
Carl Littrell, Engineering
GARY A. GILOT, P.E. CARL P. LITTRELI., P.E. DONALD E. INKS
PRESIDENT MEMBER MEMBER