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HomeMy WebLinkAboutVacation - Street - Dayton Street from West right of way of Miami to east right of way of DaleORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana November 22, 19 Attest: Attest: 9055-99 99 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana November 24, President of Common Council 19 99 City Clerk Approved and signed by me November 29 19 99 Mayor SUBSTITUTE BILL NO. 89-99 Ordinance No. ~ S S AN ORDINANCE TO VACATE DAYTON STREET FROM THE WEST RIGHT-OF- WAY OF MIAMI TO THE EAST RIGHT-OF-WAY OF DALE STREET FOR A DISTANCE OF APPROXIMATELY 400 FEET AND A WIDTH OF 60 FEET. STATEMENT OF PURPOSE AND INTENT The Common Council has the authority to hear petitions to vacate public ways and places within the City of South Bend pursuant to Indiana Code § 36-7-3-12. This ordinance proposes to vacate a portion of Dayton Street from Miami to Dale for a distance of approximately four hundred feet and a width of sixty feet. 1Pl0iU, ~~r~tor~, b~ it Or~~~tti~~ by the Common Council of the City of South Bend, Indiana as follows: i n 1. The Common Council of the City of South Bend, Indiana, having held a public hearing on the petition to vacate the following described property: The street to be vacated is described as Dayton Street, which runs east/west, from the west right-of--way of Miami to the east right- of-way of Dale Street for a distance of approximately 400 feet and a width of 60 feet. Part located in the Oak Park 2nd Add. and South East Add., City of South Bend, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. i n 2. The City of South Bend, Indiana, 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. i n .The following properties may be injuriously or beneficially affected by such vacation: Lot Nos. 1, 4, 5, 6, 7, 8, 9, 64,71,72, 73, 74, 75, and 76. i n 4. The purpose of the vacation of the real property is to permit the planned development of the Cathedral of Saint Matthew by the expansion of their building complex and parking facilities. e i n .This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and the recording of an easement agreement acceptable to the City of South Bend, Indiana. Member of the Common Council 1 st READING ~ ti^~ ~ PUBLIC HEARING ~~.21-~y 3rd READING ~ ~ ~ tz-q y NOT APPROVED REFERRED 3.P•~• PASSEfl ~ ~. Z Z- q q A S 0. w~cr~ c.~ Fi(~ti in Ciertc°s C~f~iC~ ~J 0 U 2 =~ 1999 LOR1rTTA J. DUDA CnY CLERIf, f'O. BEt~, Ii~J. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 89-99 PUBLIC HEARING ON A BILL TO VACATE DAYTON STREET FROM THE WEST RIGHT-OF-WAY OF MIAMI TO THE EAST RIGHT-OF-WAY OF DALE STREET FOR A DISTANCE OF APPROXIMATELY 400 FEET AND A WIDTH OF 60 FEET 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 as amended. Amendment as follows: Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and recording of an easement agreement acceptable to the City of South Bend. Charlotte Pfeifer Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: The undersigned property owner(s) petition you to vacate: The street to be vacated is described as Dayton Street, which runs easdwest, from the west right-of--way of Miami to the eastright-of way of Dale Street for a distance of approximately 400 feet and a width of 60 feet. Part located in the Oak Park 2nd Add. and South East Add., City of South Bend, St. Joseph County, Indiana. NAME ADDRESS LOT NUMBER Diocese of Ft. Wayne 1701 Miami Street Cathedral of Saint Matthew South Bend, Indiana 46613 The Most Rev. Daniel R. Jenky, Rector and Auxiliary Bishop 18-7054-2048.01 18-7055-2055 18-7055-2054 18-7055-2053 18-7055-2052 18-7055-2051 18-7055-2050 18-7055-2049 1701 Miami Street South Bend, Indiana 46613 (219) 289-5539 Name (printed) x~. ~ ~~c. Nam (signed) Return to: OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455, COUNTY-CITY BUILIDNG (219) 235-9221 Address As above Lot number(s) CONTACT PERSON: WILLIAM E. COLEMAN, JR. Mathews Purucker Anella, Inc. 218 South Frances Street South Bend, Indiana 46617 (219) 288-0629 (219) 288-2009 Facsimile ~IS~'~ Ali ~i~Y'tt~~ ~ 1e~8 ~ a v o z ~sss ~o~~rr?a d. oilo.~, CRi(CLE3?.t, dp, 8~F37, iN. ~-_-~--- -2044 M ~Y ° -2045 I 91 90 a- ~* o ~ N N 'cr ~ N "_ N I " I 13 12 11 10 N N I 18- 057 32 33 34 ^ 35 N 53 60 18-7083 1 2 ~ ~ ~ -3034 ~ ~~~ I 76 75 74 73 72 71 ~~ 19 63 -2048.01 '~`~~ ~ ~ ~ ~ ~~ 18-7054 64 N ~ 8N ~ 400' T DAYTON ST. 60' Q` ~ ° ~ ~ ~ 0 1 -2055 X50, `~' I 7 `MIV I `~jv O O ~ O N N ,A ~8- O6S I I I I I T g g 7 6 5 4 2 -2056 1 -70 5 3 -2057 2382 -~~ ` 4 -2383 36 37 38 39 40 41 -2064 ~ 3 00 0~ o " ''' 43 0 I I I I I J ~ ~ ~ ~ ~ Q MILTON Q :~ ~ ~~ ~, 1 to ~ 1N ~ ~ 44 ~ 2 I MILTON ST. 1 ~ 51 45 50 49 48 47 STREET VACATION LiiVl~ ~ LL' -7 \.+i~lr 11V1`I The street to be vacated is described as Dayton Street, which runs east/west, from the west right-of--way of Miami to the east right-of--way of Dale Street for a distance of approximately 400 feet and a width of 60 feet. Part located in the Oak Park 2nd Add. and South East Add., City of South Bend, St. Joseph County, Indiana. t=ii~~ 6~ ~~~~ €c°~ ~~~ac~ ~i Q ~! 0 2 t~~9 ~,>Wt-r~5,t. au~x, cra~rctlr~t, ro. E~:~:~, t~:~. November 9, 1999 The City of South Bend Common Council County-City Building South Bend, Indiana 46601 Re: Proposed vacation of a portion of Dayton Street To the Members of the Common Council: MATHEWS PURUCKER ANELLA,INC. The Cathedral of Saint Matthew is in the process of developing a Long Range Plan and Feasibility Study. The objectives of this plan include preparing for the orderly expansion of its current school building, church, parking lot and other campus facilities. MPA Architects has been retained to assist the Cathedral in its development and design efforts. Our preliminary evaluation indicates that the most likely addition(s) to the church and/or school would occur on the south side of the present school and church buildings. Likewise, further development of its south parking lot to relieve congestion on the adjacent streets, and improvements to the school's outdoor play areas are factors in this request. In order to maintain the greatest flexibility in developing the campus plan, the Cathedral desires to vacate the portion of Dayton Street between Miami and Dale streets. On behalf of the Cathedral of Saint Matthew, we humbly request the Council's consideration of this proposed street vacation. Sincerely, William E. Coleman, Jr. AI Vice President cc: Most Rev. Daniel R. Jenky, C.S.C. Rector, The Cathedral of Saint Matthew John Bycraft Chairman, Long Range Planning Committee D:\SBCouncil.wpd ul1 218 South Frances Street • South Bend IN 46617-3099 ~° -- °~ (219) 288-0629 • FAX (219) 288-2009 • e-mail: mpamail®mpaarchitects.com AIA 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA'I66O1-1H3O CITY OF SOUTH BEND STEPHEN J. LUECKE~ MAYOR BOARD OF PUBLIC WORKS November 22, 1999 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation Dear Members of the Council: PIIONe219/235-9251 Fnx 219/235-9171 TDD 219/235-5567 In accordance with Municipal Code Section 18-53.8, a favorable recommendation with qualification is being submitted to the Common Council concerning an street vacation, as follows: Dayton Street from the west right-of--way of Miami to the east right-of--way of Dale Street for a distance of approximately 400 feet and a width of 60 feet. For your information, the Board of Public Works received favorable recommendations from the Engineering Department, Area Plan Commission, Department of Economic Development, Fire Department, Solid Waste, police Traffic Department, and the City Attorney's Office, subject to any utility easements that maybe required. The Board qualifies its recommendation noting that the recommendations point out that two alleys will be left as dead ends on the south side of the vacated Dayton Street. Vacation of the eastern alley would require providing alternate access to the properties facing Miami Street. Also, lots 4, 5, 6, 7, and 8 will have no frontage on a public street. The property will then need to be re-platted into one parcel. Therefore, the Board submits to you a favorable recommendation with qualification concerning this vacation. ~~I~d ~i1 Cler~t'~ ~3~f~~;~~ Sincerel .,.~~ ~._ ~:~t' e ~ ~,~~ ~a~.~ udie L on s, Clerk ° ao t~.,f~~~~ ~~~~ fn~.~_` Attachments ~'~'cLr.~~, mo. ~ a;~j JAMES R. CALDWELL LEWI$ N. POWELL, P.E. M. CATHERINE ROEMER A X GRANT OF EASEMENT THIS INDENTIIRE WITNESSETH that Diocese Bend, Inc. ("Grantor") hereby grants to the Benefited Land described herein-below and t; public, exclusive easement for the purposes along, over, across and through a parcel of County, Indiana, described as follows: of Fort Wayne--South owners of the 'Heir successors a non- of ingress and egress land in St. Joseph The South thirty (30) feet of Dayton Street, as it now exists, in the City of South Bend, extending from the West right-of-way line of Miami Street to the East line of Lot Numbered four (4) in the recorded plat of South East Addition said East line being also the West line of the first fourteen (14) foot .alley West of Miami Street bounded by Dayton Street on the North and Milton Street on the South. Subject to any easements, covenants or restrictions of record. This non-public, exclusive easement is granted to the owners of the following land and to their respective successors in interest: Lot Numbered two (2) as shown on the recorded plat of South East Addition. Tax Key Number: 18-7055-2056 Lot Numbered three (3) as shown on the recorded plat of South East Addition. Tax Key Number: 18-7055-2057 Lot Numbered forty-two (42) as shown on the recorded plat of South East Addition. Tax Key Number: 18-7055-2064 Lot Numbered forty-three (43) as shown on the recorded plat of South East Addition. Tax Key Number: 18-7055-2065 Lot Numbered forty-four (44) as shown on the recorded plat of South East Addition. Tax Key Number: 18-7055-2066 All of which is referred to as the "Benefited Land" in this document. a The purpose of this easement is to grant the owners of the Benefited Land, and their respective successors, access to the first fourteen (14) foot alley West of Miami Street bounded by Dayton Street on the North and Milton Street on the South ("Alley"). This easement will terminate by written agreement executed by all of the then owners of the Benefited Land or if the Alley is vacated or otherwise ceases to be used as a public way. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement on this April , 2001. Diocese of Fort Wayne--South Bend, Inc. N xF p 6 x ~ x0 r ~ ~, ~, w~'w : By: A x~a .. , -~N Most Rev. Danie R. Jenky o ~ h~c°~ Auxiliary Bishop °~ N w~: .w `~ ,1 ,~T O~~NDIANA ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public in and for said County and State, personally appeared Most Rev. Daniel R. Jenky, Auxiliary Bishop of Diocese of Fort Wayne--South Bend, Inc., an Indiana corporation, and executed and acknowledged the execution of the foregoing document for and on behalf of said corporation as a duly authorized officer thereof, and, being first duly sworn, stated that the representations therein are true. Witness my hand and seal this My Commission Expires: ~7I~C~1. ~ ~ 0'200 ~~ day of , ?001. Jtl NI ~ ~ .~ .~ Name : ~ ~_, Notary Public, resident of_ St. Joseph County, zndian« F:\MASTERS\uS7\SLK\STMATT.EAS This instrument prepared by James A. Masters (#9074-71), NEMETH, FEENEY, MASTERS, HOSINSKI & DEVETSKI, P.C., 600 Century Building, 215 South Bend, In 46601, Telephone: (219) 234-0121.