HomeMy WebLinkAboutVacation - Streets Alley - High on East Pennsylvania on the North, Broadway on South, and Marietta on West.' ..
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ORDINANCE No. as,~ s9
Passed by the Common Council of the City of South Bend, Indiana
February 8, 19 99
Attest:
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 9, 19 99
Approved and signed by me February 10. I9 gg
City Clerk
Mayor
«~
.:
ORDINANCE NO. ~ ! ~ r ~ 1 I
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
VARIOUS STREETS AND ALLEYS BOUNDED AS FOLLOWS: HIGH STREET ON THE EAST,
PENNSYLVANIA AVENUE ON THE NORTH, BROADWAY STREET ON THE SOUTH, AND MARIETTA
STREET ON THE WEST.
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 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 PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 37
NORTH, RANGE 2 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALLEYS:
THE FIRST NORTH/SOUTH ALLEY EAST OF MARIETTA STREET FROM THE SOUTH RIGHT-OF-WAY
OF PENNSYLVANIA AVENUE TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY
SOUTH OF PENNSYLVANIA AVENUE FOR A DISTANCE OF APPROXIMATELY 143 FEET AND A
WIDTH OF 14 FEET, LOCATED IN WENGER AND KRIEGHBAUM'S REPEAT OF M.L. WENGER'S 6TH
ADDITION RECORDED IN PLAT BOOK 8, ON PAGE 103 IN THE OFFICE OF THE ST. JOSEPH COUNTY
RECORDER, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.
STREETS:
MARIETTA STREET FROM THE SOUTH RIGHT-OF-WAY OF PENNSYLVANIA AVENUE TO THE
NORTH RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY SOUTH OF PENNSYLVANIA AVENUE FOR
A DISTANCE OF APPROXIMATELY 145 FEET AND A WIDTH OF 50 FEET;
ALSO, MARIETTA STREET FROM THE SOUTH RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY
SOUTH OF PENNSYLVANIA AVENUE TO THE NORTH RIGHT-OF-WAY OF BROADWAY STREET FOR
A DISTANCE OF APPROXIMATELY 153 FEET AND A WIDTH OF 50 FEET;
ALSO, EAST PENNSYLVANIA STREET FROM THE WEST RIGHT-OF-WAY LINE OF HIGH STREET TO A
POINT 180 WEST OF THE WEST RIGHT-OF-WAY LINE OF HIGH STREET FOR A DISTANCE OF 180
FEET AND A WIDTH OF 60 FEET;
ALL OF THE ABOVE STREETS ARE LOCATED IN WENGER AND KRIEGHBAUM'S REPEAT OF M.L.
WENGER'S 6TH ADDITION RECORDED IN PLAT BOOK 8, ON PAGE 103 IN THE OFFICE OF THE ST.
JOSEPH COUNTY RECORDER, CITY OF SOUTH BEND, ST. 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 vacatedright-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:
Wenger and Krie~hbaum's Replat of M L Wenger's 6th Addition :Lots 140, 141, 142, 146, 183,
184, 215, and 216.
Page 1 of 2
,.
Humbarger Minor :Lot A.
Wenger Homestead :Lots 231 through 235, inclusive.
Wenger's 6th Addition to the City of South Bend First Replat Wenger's and Krieghbaum's Replat
of a Part of M.L. Wenger's Sixth Addition to the City of South Bend Second Replat :Lot C.
SECTION IV. The purpose of the vacation of the real property is to: provide land for
redevelopment of the area with single-family detached housing and a cul-de-sac road.
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.
~C,.~
Member of the Common Council
1 st P.EADING I ~ 25~ /
PUBLIC HEARING o2 ' ~' 9
3rd READING Z~g~ 9 9
NOT APPROVED
REFERRED ~'
PASSES
Page 2 of 2
Filed in Clerk's ~ffiee
LORETTA J. DUDA
CRYCLERK, ~O. SEMJ, IN.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
3-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
VARIOUS STREETS AND ALLEYS BOUNDED AS FOLLOWS:
HIGH STREET ON THE EAST, PENNSYLVANIA AVENUE ON
THE NORTH, BROADWAY STREET ON THE SOUTH, AND
MARIETTA STREET ON THE WEST
Respectfully report that they have examined the matter and that in their opinion, this bill has been
recommended to the Council favorably.
Charlotte Pfeifer
Chairman
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STREET VACATION:
MARIETTA STREET FROM THE SOUTH RIGHT-OF-WAY OF PENNSYLVANIA
AVENUE TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY
SOUTH OF PENNSYLVANIA AVENUE FOR A DISTANCE OF APPROXIMATELY 145
FEET AND A WIDTH OF 50 FEET;
ALSO, MARIETTA STREET FROM THE SOUTH RIGHT-OF-WAY OF THE FIRST
EAST/WEST ALLEY SOUTH OF PENNSYLVANIA AVENUE TO THE NORTH
RIGHT-OF-WAY OF BROADWAY STREET FOR A DISTANCE OF APPROXIMATELY
153 FEET AND A WIDTH OF 50 FEET;
ALL OF THE ABOVE STREETS ARE LOCATED IN WENGER AND KRIEGHBAUM'S
REPEAT OF M.L. WENGER'S 6TH ADDITION RECORDED IN PLAT BOOK 8, ON
PAGE 103 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, CITY OF
SOUTH BEND, ST. JOSEPH COUNTY, INDIANA;
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THE FIRST NORTH/SOUTH ALLEY EAST OF MARIETTA STREET FROM THE SOUTH
RIGHT-OF-WAY OF PENNSYLVANIA AVENUE TO THE NORTH RIGHT-OF-WAY OF
THE FIRST EAST/WEST ALLEY SOUTH OF PENNSYLVANIA AVENUE FOR A
DISTANCE OF APPROXIMATELY 143 FEET AND A WIDTH OF 14 FEET.
STREET VACATION:
EAST PENNSYLVANIA STREET FROM THE WEST RIGHT-OF-WAY LINE OF HIGH
STREET TO A POINT 180 WEST OF THE WEST RIGHT-OF-WAY LINE OF HIGH
STREET FOR A DISTANCE OF 180 FEET AND A WIDTH OF 60 FEET.
ALL OF THE ABOVE STREETS AND ALLEYS ARE LOCATED IN WENGER AND
KRIEGHBAUM'S REPEAT OF M.L. WENGER'S 6TH ADDITION RECORDED IN PLAT
BOOK 8, ON PAGE 103 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER,
CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.
146 45 144 143 142
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PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS /ALLEYS)
TO THE COMMON COUNCIL DATE January 12, 1999
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEYS DESCRIBED AS:
THE FIRST NORTH/SOUTH ALLEY EAST OF MARIETTA STREET FROM THE SOUTH RIGHT-OF-WAY
OF PENNSYLVANIA AVENUE TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY
SOUTH OF PENNSYLVANIA AVENUE FOR A DISTANCE OF APPROXIMATELY 143 FEET AND A
WIDTH OF 14 FEET, LOCATED IN WENGER AND KRIEGHBAUM'S REPEAT OF M.L. WENGER'S 6TH
ADDITION RECORDED IN PLAT BOOK 8, ON PAGE 103 IN THE OFFICE OF THE ST. JOSEPH COUNTY
RECORDER, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.
B. THE STREETS DESCRIBED AS:
MARIETTA STREET FROM THE SOUTH RIGHT-OF-WAY OF PENNSYLVANIA AVENUE TO THE
NORTH RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY SOUTH OF PENNSYLVANIA AVENUE FOR
A DISTANCE OF APPROXIMATELY 145 FEET AND A WIDTH OF 50 FEET;
ALSO, MARIETTA STREET FROM THE SOUTH RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY
SOUTH OF PENNSYLVANIA AVENUE TO THE NORTH RIGHT-OF-WAY OF BROADWAY STREET FOR
A DISTANCE OF APPROXIMATELY 153 FEET AND A WIDTH OF 50 FEET;
ALSO, EAST PENNSYLVANIA STREET FROM THE WEST RIGHT-OF-WAY LINE OF HIGH STREET TO A
POINT 180 WEST OF THE WEST RIGHT-OF-WAY LINE OF HIGH STREET FOR A DISTANCE OF 180
FEET AND A WIDTH OF 60 FEET;
ALL OF THE ABOVE STREETS ARE LOCATED IN WENGER AND KRIEGHBAUM'S REPEAT OF M.L.
WENGER'S 6TH ADDITION RECORDED IN PLAT BOOK 8, ON PAGE 103 IN THE OFFICE OF THE ST.
JOSEPH COUNTY RECORDER, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.
Name -Address -Signatures
American Home Dreams, Inc.
4201 St. Andrews Circle, Apt. 1D
Mishawaka, Indiana 46545
icardo A. Milton, ecutive Director
-AND-
City of South Bend
Community and Economic Development
Division of Redevelopment
1200 County -City Building
South~B~end, Indiana 66 1
n Kolata, Director of Redevelopment
Loretta J. Duda
City Clerk
Room 455, County-City Building
South Bend, Indiana 46601
(219) 235-9221
~'i~L'ta iI'1 (;~~i'~C~S ~YIiC~
JAPE 1 3 ja~cJ
LOI;cTTAJ. D~UDR
CITY CL@Titt, 80. BE1YC, I~ .
Subdivision Name and Lot Numbers
Wen er and Krie hbaum's Re lat of M.L.
Wenger's 6th Addition: Lots 140, 141, 142, 146,
183, 184, 215, and 216.
Humbarger Minor: Lot A.
Wenger Homestead: Lots 231 through 235,
inclusive.
Wenger's 6th Addition to the Citv of South Bend
First Replat Wenger's and Krieghbaum's Replat
of a Part of M.L. Wenger's Sixth Addition to the
CitXof South Bend Second Replat :Lot C.
Contact Person•
Stephen D. Rudisell, A.I.C.P.
Abonmarche Consultants, Inc.
1711 E. McKinley Avenue
Mishawaka, Indiana 46545
Phone: (219) 255-8700
Fax: (219) 255-8837
Email: msh@abonmarche.com
Page 1 of 1
o^
THE A B O N M A R C H E G R O U P
1711 E. McIGnleyAve., Mishawaka, IN 46545 ! T 219.255.8700 F 219.255.8837 E msh~abonmarche.com
Benton Harbor, MI
Manistee, M{
Detroit, MI
January 12, 1999
City of South Bend Common Council
Room 455
County-City Building
227 W. Jefferson Boulevard
South Bend, Indiana 46601
RE : Street and Alley Vacation Request
Southeast Neighborhood Redevelopment Area
Fited itt clerk's ~ffii~~
J~Pi 1 ~ 1°99
t.o~tarrr; ~. twoa.
CITY CLERtf, :'A. ~+Eh'J, !?:.
Pro'ec • Southeast Neighborhood Redevelopment, Section Two
Petitioners:
City of South Bend
Community and Economic Development
Division of Redevelopment
1200 County-City Building
South Bend,1N 46601
Members of the Council:
American Home Dreams, Inc.
4201 St. Andrews Circle, Apt. 1D
Mishawaka, IN 46545
We are requesting that the streets and alleys described in the attached petition, be vacated to
allow for the development of fourteen (14) new single-family residences and the construction of
a cul-de-sac road at the east end of Pennsylvania Avenue.
The purpose of petitioning for the above is to allow the development of a new residential
community in the Sample-Ewing Redevelopment Area. A total of 32 new single-family
detached dwellings have been planned for development per the Primary Plat approved by the
Area Plan Commission. Twenty of the new homes are currently under construction north of
Pennsylvania Avenue and west of Marietta Street. Twelve of the new houses will be constructed
along the new cul-de-sac and two will be built on the north side of Broadway Street. This request
is the second in a series of two requests for vacation of public right-of--way to allow Section Two
of the project to be constructed. The cul-de-sac will prevent truck and through traffic and
provide a more secure and prestigious setting. Lot 21 is occupied by a designated historic home
and it is planned for rehabilitation.
Architecture Engineering Land Surveying Environmental Construction Service s
January, 1999 Page 2
Street/Alley Vacations
Southeast Neighborhood Redevelopment
The position of each of the homes on the site plan is conceptual, however, the lot and street
layouts and the house footprints are considered final. Anot-for-profit organization, American
Home Dreams, Inc. is working with the City of South Bend Division of Planning and
Neighborhood Development to develop this project throughout 1999.
We respectfully request your approval of this request. Thank you for your time and assistance in
this matter.
Sincerely,
ABONMARC~HE CONSULTAA/NT5, INC.
Steph~n D. Rudisell, A.I.C.P.
Urban Planner
cc: Mr. Jon Hunt, Community and Economic Development
Mr. Marco Mariam, Planning and Neighborhood Development
Mr. Ricardo Milton, American Home Dreams, Inc.
kited in CIerE: ~ ~f$iCe
JAf~ 1 3 1gQ9
LOfiETTti J. LWD&
CITY CLERY, mod. 8EtT0, !'~.
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1316 COUNTY-CITY BUILDING
$OUTFI $END, INDIANA'I66O1-1$3O
PHONE 219/235-9251
Fnx 219/235-9171
TDD 219/235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE~ MAYOR
BOARD OF PUBLIC CORKS
February 8, 1999
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Various Street and Alley Vacations
Dear Members of the Council:
In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being
submitted to the Common Council concerning various street and alley vacations, as follows:
Various streets and alleys bounded as follows: High Street on the east; Pennsylvania Avenue
on the north, Broadway Street on the south and Marietta Street on the West.
For your information, the Board of Public Works received favorable recommendations from
the Fire Department, Bureau of Sanitation, Division of Engineering, Department of Community and
Economic Development, Area Plan Commission and the Police Department concerning this vacation,
subject to any utility easements that may be required. Area Plan noted that one of the properties
adjacent to the vacation of Pennsylvania is not owned by the City. Should this vacation be approved
before the City owns this property, the property owner would be left with a lot without any frontage
or any access.
Therefore, the Board submits to you a favorable recommendation concerning this vacation.
Sincerely,
. ,_.
n
- .~~.--
~, ~1~,r',ti~'~~~~ , CL~
Angela K. Jacob;;.~lerk
Attachments
JAMES R. CALDWELL LEWIS N. POWELL, P.E. M. CATHERINE ROEMER