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Home My WebLink About9909-09 Vacation - Alley - Kalorama Street between Turnock and St. LouisORDINANCE No. sso Passed by the Common Council of the City of South Bend, Indiana March 9, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana March 10, 2009 2009 City Clerk President of Common Council Ciry Clerk Approved and signed by me March 12, 20 0 9 ~~~,~-y~~ c~/_ .---.__ Mir ORDINANCE NO. ~ ~ ~~- ~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST-WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD 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 14 FOOT WIDE ALLEY BEING THE FIRST EAST-WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD. 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 E AND 13 OF TURNOCK'S SUBDIVISION OF A PART OF TURNOCK AND MACK'S ADDITION TO THE CITY OF SOUTH BEND AS RECORDED IN PLAT BOOK 9, PAGE 82 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA. Section IV. The purpose of the vacation of the real property is TO VACATE A 14 FOOT WIDE ALLEY SO THAT THE NORTH 7 FEET CAN BE ADDED TO SAID LOT E TO THE NORTH. THE ADDITIONAL 7 FEET WILL BE COMBINED WITH LOTS D AND E WITHIN SAID TURNOCK'S SUBDIVISION TO THE NORTH AND BE SUBDIVIDED 1NT0 2 NEW LOTS FOR REDEVELOPMENT. 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. { Mem er of the Common Council Attest: C rk Presented by me to the Mayor of the City of South Bend, Indiana on the l ~-~ day of ~Y`dre~ , 2005 , at t 1 •• ~ ~ o'clock a ~ . m. Approved and signed by me on the /o ~ ~ ~ o'clock cL . m. ~-~°b~ City C rk - ~"~`~ '`~ w ~L. B-p~ ~_ day of , 2_~, at Mayor, City of uth Bend, Indiana s~- Rfnc~~~rd ~'Lb-oq PUBLIC HEARING 3'~f~ 3rd READING 3 - ~j,' Q~j pOf ApPROYEL>i It~ERRE~ P,ass~D 3 `~ `~ `~ ~EI~ r~; ~~ CI~i IL's ~i~~E~~ UCH ~~, L~J:~ JQ,-tJ ~1C0'~DE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 04-09 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST-WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD 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. Ann Puzzello 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: 12/5/08 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST-WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD. B. THE STREET DESCRIBED AS: NAME (signed ~ printed) ADDRESS NORTHEAST NEIGHBORHOOD 803 LINCOLN WAY WEST REVITALIZATION ORGANIZATION, SOUTH BEND, IN 46616 INC., PHILLIP E. BYRD, EXECUTIVE DIRECTOR D SIGNATU E LOT # E IN TURNOCK'S SUBDIVISION 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!~ i~~~~t'?'~ ~,~~ece _~,,, ~.~, E CORYDON L. & MELISSA A. HURST ~ HENRY & DELOIS WEYMON ~ HENRY C. JR. & DELOIS WEYMON ~ 53176 PRESTWICK COURT 720 N. ST. LOUIS BOULEVARD 720 N. ST. LOUIS BOULEVARD GRANGER, IN 46530 SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 18-5034-1217 18-5034-1218 18-5034-1219;18-5034-1220 GEORGE & JESSE L. BROADNAX ~ C/O NEIGHBORHOOD HOUSING SERVICES 1970 BROADWAY, STE. 470 OAKLAND, CA 94612 18-5034-1222 CATHERINE M. COUCH ~ 727 N. TURNOCK STREET SOUTH BEND, IN 46617 18-5034-1223 RENEE V. LENOIR ~ 712 N. ST. LOUIS BOULEVARD SOUTH BEND, IN 46617 18-5035-1226 RESTER M. ATKINS ~ 710 N. ST. LOUIS BOULEVARD SOUTH BEND, IN 46617 18-5035-1227 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION,, INC. 803 LINCOLN WAY WEST SOUTH BEND, IN 46616 18-5035-1244.01; 18-5032-1135 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. 803 N. NOTRE DAME AVENUE SOUTH BEND, IN 46601 18-5032-1138;18-5032-1140 OWENS HEATING COMPANY ~ 1115 FREMONT SOUTH BEND, IN 46628 18-5032-1154 AJP REAL ESTATE GROUP, L.L.C. P.O. BOX 232 MI5HAWAKA, IN 46545 18-5032-1156.01 ALLSOP RESTORATION INC. ~ 50640 MERCURY GRANGER, IN 46530 18-5035-1228 NORTHEAST NEIGHBORHOOD --~ REVITALIZATION ORGANIZATION, INC. 803 LINCOLN WAY WEST SOUTH BEND, IN 46616 18-5032-1137;18-5032-1152 NORTHEAST NEIGHBORHOOD -~ REVITALIZATION ORGANIZATION, INC. 803 N. NOTRE DAME AVENUE SOUTH BEND, IN 46601 18-5032-1141 BLUE & GOLD HOMES, L.L.C. ~ 53243 CATALINA COURT SOUTH BEND, IN 46635 18-5032-1155 HAMPSHIRE GROUP INC. ~ 104 ST. LOUIS STREET SOUTH BEND, IN 46617 18-5035-1245 NORTHEAST NEIGHBORHOOD ~ REVITALIZATION ORGANIZATION, INC. 803 LINCOLN WAY WEST SOUTH BEND, IN 46616 18-5032-1153 MADISON CENTER INC. -' 403 E. MADISON STREET SOUTH BEND, IN 46617 18-5035-1244; 18-5035-1243 TRUST NUMBER 753 SOUTH BEND AVENUE, AUDREY RICHARDS, - TRUSTEE 753 SOUTH BEND AVENUE SOUTH BEND, IN 46617 18-5032-1156 F:\Projects\M8-0883W1ey Vacation\Tax Key List.doc r.._.-.~- ~ ~ D EC ~ "' . . _~ CiT*~ .,,...- ...... .. .... 1~.. ,M1.s~ SHEET ~ OF RIGHT-OF-WAY VACATION -SITE PLAN & N PROPOSED MINOR SUBDIVISION INCLUDING LOTS "D" & "E" OF TURNOCK'S SUBDIVISION & THE NORTH 7' OF ADJACENT ALLEY ~ E PORTAGE TOWNSHIP, ST. JOSEPH COUNTY VV INDIANA S LOT "D" & "E" & NORTH 7 FEET OF ADJACENT ALLEY 12,702 S0. FT. (0.29 ACRES) I LOT "C" ~ I s. o' I N90'00'00"E 146.00' 5~ SIDE YARD SETBACK ~ Y _ 23.T 28.3' B.D' ~ U Q b a Q m m o p n ~ ~ O 'w o o ~ W ~ N O .'J - ~ 10.0" I N O W ' ~ ~ a 23.x 725 TURNOCK N ~ ~ ~ W ~ ~ D LOT „~„ ~ }. W ~ .o m sT. ~ m 2s.o' ~ W _I O b OLD LOT LINE ° a,~ 0 36.7' ~ (n , J ~ N -~S 1•- m _ _ _ _ N _ _ Q ' ~ p 5 SIDE YARD SETBACK U ~- 00 5.0' .t O Z Z ° LOT "E" o ~ Z - p ~ 719 TURNOCK ST. ~ F d ~ OLO LOT LINE - ~ 1 ~{ ~ ! o -- ~~~0~~1 0 --~ I~ I I LOT 13 I I I NOTES & LEGEND: 1. THE HATCHED AREA IS THE THE ALLEY TO BE VACATED. ~~14v s;: ~ 1i~i. ,. ~llA~ In Cis''".~ DES " Ci~ r' _. DRAWING FOR RIGHT-OF-WAY VACATION ONLY. ~~ ABONMARCHE CONSULTANTS, L.L.C. 750 Lincoln Way East Fort Wayne, Indiana PREPARED FOR: WEISS HOMES, INC. South Bend, Indiana 46601 Benton Harbor, Michigan (574) 232-8700 Manistee. Michigan FAX: (574) 251-4440 ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES DRAWN BY: DJS DATE: 12/5/08 DWG NAME: ZONING: SF-2 RESIDENTIAL CHECKED BY: SCALE: 1"=30' SEC. 1-T37N-R2E SEPTIC APP. //: N/A L O Z O W m 1 ~GA~ 1~~=zoO~ ~'~ a-/c jJoR7'A-v,E, -~in/P. ~ sE'~~-~ SEC.,' T37M ~ 22.E L~'T-Io~Ra~~~S N114P ISd~ ,~ ~~ ~-- B.a 47 ~ ai9~ a . 5 f4 56 G6 39 ~ 33 4 O SB.66 ~ 40 I f° N I m I a ~~ V ~I I ~ I~ I ~k rr,/ 9 I ~, ~ Q I Vj~ ~ /I l (~ `Y ~ ~`,~ I ~ ~ g~ e- 036 "di Q ~i ~ j ~ I ``~~ 2 /.ass ~ ~ y ~ -izr5 ~ ~ `~' '*~ - c I ~ ~_ Q . -/2GG i /.?G7 I ~ Q ~ ¢ . /253 ,~,, 5-/254 ' `i o , ~ 19-5o3s ' G Pt.1343.0/ a ~ /338557 T '- ~ 4 _i2G9 - P1.5.99 ~ - 0 7-/?5G -/360 '~ -/27/ 47-/z79 s '~ ~ I '--l3G2 $ t0 -/272 I ~ 02 ~ ~ ~ W lic. ~` Vac I ~ I ism e. ors ~ ~ ~~ ~ ~ -& ~` ` !} /3/5 `~~ o \ . ~ ~ ~ , /246 '_"et ,- ~ ~ °~ - " „ ' ~ •/3/G ~ ~ .S~ / '~ ~f~T ~ °I h IAR ~ ~~ ~ ~° ~ (eG ~ i. ? 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December 8, 2008 City of South Bend Common Council ABONMARCHE 227 West Jefferson Boulevard, Suite 400 South Confidence By Design South Bend, IN 46614 ENGINEERS RE: Right-of-Way Vacation ARCHITECTS 14 Foot Wide Alley on West Side of Turnock Street PLANNERS Lying South of Kalorama Street SURVEYORS 750 Lincoln Way East South Bend, IN 46601 T. 574-232-8700 F. 574-251-4440 www.abonmarche.com FORT WAYNE, IN BENTON HARBOR, MI MANISTEE, MI SOUTH HAVEN, MI Dear Honorable Members: Please accept the attached petition and ordinance as our firm's written request, on behalf of the current owner, Northeast Neighborhood Revitalization Organization, Inc, and the contingent owner, Weiss Homes, Inc., to vacate the following described public rights-of-way: (1) a 14 foot wide alley being the first east-west alley lying south of Kalorama Street between Turnock Street and the first north-south alley east of North St. Louis Boulevard. Please refer to the attached drawings for the area to be vacated. The reason we are submitting this vacation request is utilize the north 7 feet of the vacated alley in order to develop two homes to the north. The additional 7 feet will give Weiss Homes the needed width for the construction of two homes. Without the additional 7 feet, only one home could be constructed due to the current narrow lot widths. The City Board of Public Works is expected to consider and approve both the vacation request at either their December 22^d meeting dependent upon various city department reviews or at their January 12tH meeting. If you have any questions or comments regarding this vacation request, please contact our office at 232-8700. We appreciate your time and consideration on this request. . ~~ ~n r~l~ck' J a~fice Sincerely, ABONMARCHE CONSULTANTS, L.L.C. ~1~ ~~~n • ~ ~~j"J ~ tC Derek J. Spier, AICP Planner r~voor'a~ 3or; « ~ ~ ~sso, ~N• F:\Projects\M8-0883\Alley Vacation\Cify Counicl Vacation Request Cover Letter.doc 1316 COUNTY-Cnv BUILniNG 227 W. JEFFE[LSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 TDD 574/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS January 12, 2009 Mr. Derek Spier Abonmarche Consultants 750 Lincoln Way East South Bend, Indiana 46601 RE: Alley Vacation -First East/West Alley from Turnock to the First North/South Alley North of South Bend Avenue between St. Louis and Turnock (Preliminary Review) Dear Mr. Spier The Board of Public Works, at its January 12, 2009, meeting, reviewed comments 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 contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 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. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tonv Molnar at (5741235-9254 prior to picking up your radius maw Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, ,--~ l i~ ~'~-~w- " 1. ~''1/t ~j_.11~<~y~--- Lir~da M. Martin, Clerk Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARYA. GILOT, P.E. DONALD E. INKS ,JOHN H. MURPHY PRESIDENT MEMBER MEMBER ENGINEERS RE: Remonstrance Agreement ARCHITECTS Right-Of-Way Vacation Pt~,NNERS i ~ foot Wide Alley on West Side of Turnock Street SURVEYORS Lying South of Kaiorama Street 7b0 Llncofn Way East Dear Honorable Members: South Bend, IN 46b01 T. 574-232-870 Since the February 23~d meeting of the Common Council, our office, F, 574-251-4440 the Northeast Neighborhood Revitalization Organization, the petitioner 4w,nN.abonmarche,com and current owner, and Weiss Homes, Inc., the contingent homebuilder, had the opportunity to meet with Henry and Delois PORT WAYNE, IN BENTON HAt260R, MI Weymon. The Weymons were the so)~, remonstrators regarding the MANI5TEE, MI proposed alley vacation noted above. SOUTH HAVEN, M1 - , During the meeting. Weiss Homes, Inc, agreed that if the vacation request is approved by the Council, an ingress/egress easement will be recorded on the subsequent subdivision plat. This easement will be located along the south properly line .of the southernmost Eot and will include the.norfh 7 foot of the vacated alley. The easement will be dedica#ed to the public which will maintain access rights between the 14 foot wide north-south alley lying east of St. Louis Boulevard and Turnock Street. if you have any questions or comments regarding this vacation request, please contact our office at 232-8700. . We appreciate your time and consideration on this request. Sincerely, - ABONMARCHE CONSULTANTS, LLC. I' Derek J. Spier, AICP Brian Miller f Planner Vice President of Operations Weiss Homes, Inc. cc: Henry and Delois Weymon M8-0883-191 F:\Projects\M8-0883\Af~ey Vacation\Remonstrance Agreement F1~E~ IIII ~'Ck'g ~$fICB r~Aa - ~ 2009 - JOHN V&0. BEhD, IN, CITY CLERK,