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Home My WebLink About9922-09 Vacation - Street - portion of Franklin StreetORDINANCE No. 9922-09 Passed by the Common Council of the City of South Bend, Indiana May 11 20 09 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 12 20 09 City Clerk Approved and signed by me May 14 , 2p 0 9 Mayer ORDINANCE NO. l l~~ ~ 1 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE bF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 1324 FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET,-EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 340 FEET MORE OR LESS AND A WIDTH OF 74.25 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: THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 13241 FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 3401 FEET MORE OR LESS AND A WIDTH OF 74.25 FEET. ALL SITUATED IN BOTH STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND AND STULL' S 1ST ADDITION TO THE CITY OF MYLER, NOW 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 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: Tax Key Number 18-8027-1122 Tax Key Number 18-8007-0351 Tax Key Number 16-6006-0349 Tax Key Number 18-8027-1101 Tax Key Number 18-8027-1108 Tax Key Number 18-8027-1106 Tax Key Number 18-8027-1107 Tax Key Number 18-8006-0344 Tax Key Number 18-8006-034201 Tax Key Number 18-8006-0335 Tax Key Number 18-8006-0329 Tax Key Number 18-8005-0228 Tax Key Number 18-8004-0166 Tax Key Number 18-8006-0331 Tax Key Number 18-8006-0330 Tax Key Number 18-6006-0328 Tax Key Number 18-8006-0322 Tax Key Number 18-8006-0325 Tax Key Number 18-8006-0323 Tax Key Number 18-6006-0324 Tax Key Number 18-8006-0319 Tax Key Number 18-8006-0317 Tax Key Number 18-8006-0316 Tax Key Number 18-8006-0311 Tax Key Number 18-8006-0310 Tax Key Number 18-8006-0305 Tax Key Number 18-8006-0304 Tax Key Number 18-8006-0299 Tax Key Number 18-8006-0298 Tax Key Number 18-8006-029201 Tax Key Number 18-.8006-0292 Tax Key Number 18-8002-008002 Tax Key Number 18-8006-028301 Tax Key Number 18-8021-0849 Tax Key Number 18-8006-0338 Tax Key Number 18-8021-084905 SECTION IV. The purpose of the vacation of the real property is to allow for the future development of the' Transpo relocation project. The proposed project will use the proposed vacated right-of-ways. 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 of the Common Council At st: City erk Presented by me to the Mayor of the City of South Bend, Indiana on the Z.L. day of ~, 2 (7~ F at ~ ~ ~• 3 a o' clock C~~. m . ~~~~~ v..~ ~ City Clerk Approved and signed by me on the .~ day of , 2 G~ 9 , at '~ ` ,~ o' clock ,p m . Mayor, City o outh Bend, Indiana i s) G ~'- l ~ -°~q PUBLIC HEARING ~-' ~ \-J 3rd READING S=l\-J~} NOT APPROVED REFERRED PASSED S-~l-~ g ---___ ,, ~; rd ^ ., -, J ~. J;'id ~'~'•C C.~c _ ,..~-- TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 22-09 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF- WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 1324 FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 340 FEET MORE OR LESS AND A WIDTH OF 74.25 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. Ann Puzzello Chairperson, Committee of the Whole LEGAL DESCRIPTION• THE FIRST STREET TO BE VACATED IS TAYLOR STREET FROM THE NORTH RIGHT OF WAY OF INDIANA AVENUE TO THE SOUTH RIGHT OF WAY OF STULL STREET FOR A DISTANCE OF 1,325 FEET, MORE OR LESS AND A WIDTH OF 60 FEET. THE SECOND STRET TO BE VACATED IS BROADWAY STREET FROM THE EAST RIGHT OF WAY OF FRANKLIN STREET TO THE WEST RIGHT OF WAY LINE OF LA FAYETTE BLVD FOR A DISTANCE OF 340 FEET, MORE OR LESS AND A WIDTH OF 72.5 FEET. BOTH STREETS ARE A PART OF STULL'S SECOND ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. ~il~~ E~ ~1~~'if'~ ~$~~~® APR - ~ 20C9 dOH.I VOGRrJE CITY CL"c ~K, S0. EEyD, tN. /ndiana Ave- PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: March 31, 2009 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF APPROXIMATELY 13241 FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF- WAY LINE OF FRANKLIN STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY 3401 FEET MORE OR LESS AND A WIDTH OF 74.25 FEET. ALL SITUATED IN BOTH STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND AND STULL'S 1ST ADDITION TO THE CITY OF MYLER, NOW CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. NAME (signed & printed) & ADDRESS Tax Key Number City of South Bend, Department of Redevelopment 1200 County City Building South Bend, Indiana 46601 18-8006-034201 18-8006-0344 18-5097-3443 18-8006-0349 18-8006-0338 18-8027-1101 18-8027-1108 18-8027-1106 18-8027-1107 18-8006-0328 18-8006-0322 18-8006-0329 18-8006-0335 18-8006-0331 18-8006-0330 18-8006-0325 18-8006-0324 18-8006-0319 18-8006-0317 18-8006-0316 18-8006-0311 18-8006-0310 18-8006-0305 18-8006-0304 18-8006-0299 18-8006-0298 18-8006-029201 18-8006-0292 18-8021-0849 i D nald E. Inks, Director of Redevelopment City of South Bend, Department of Redevelopment 3 ~~iw~ ~i~ ~f~~'as'~ ~~ai~C~ APR - 2 2009 ~arira v~~~~Wv c~r~ c~=: ~, ~c. ~~Na, r,~. CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 4 Owners within 150' Eggers Real Estate LLC 408 W Indiana Ave South Bend, In 46613 18-8027-1122 Ridge Company Inc 1535 S Main Street South Bend, In 46680 18-8007-0351 BLK LLC P.O. Box 2586 South Bend, IN 46680 18-8005-0228 Old Fort Building Supply of South Bend Inc 1401 S Main Street South Bend, In 46613 18-8004-0166 Williams Communications Inc. One Technology Center P.O. Box 22067 Tulsa OK 74121 18-8002-008002 New Jersey Ind & 211 Railroad 110 Franklin Road SE Roanoke, VA 24042 18-8021-084905 r ~:,~;~ l..a. CITY GLi` ~; 4;, ~ ... ~~.~---~-- F'rl~ ~~~: ~ ~#fECe APR - ' 20C9 5 ~-~ Uanch, F/arner ~ ~I ssociates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Land Surveyors .Professional Engineers Landscape Architects .Land Planners March 31, 2009 Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for the right-of--way to be vacated is described as the portion of Franklin Street running from the north right-of--way line of Indiana Avenue, north to the south right-of--way line of Stull Street, being a distance of approximately 1324E feet more or less and a width of 57.75 feet, also to be vacated is that portion of the right-of--way of Broadway Street running from the east right-of- way line of Franklin Street, east to the west right-of--way of Lafayette Blvd. being a distance of approximately 340E feet more or less and a width of 74.25 feet. Being situated in both "Stull's 2"a Addition to the City of South Bend" and "Stull's 1St Addition to the Town of Myler in the City of South Bend, St. Joseph County, Indiana. Dear Council Members: Our clients, the City of South Bend, are requesting the approval of the Vacation of a portion of Franklin Street, and the described portion of Broadway Street. These rights-of--way are located Between Indiana Avenue and Stull Street. The reason for this request is to allow the City of South Bend to develop a one lot Minor Subdivision which is for the proposed Transpo Bus facility project. The City and the Petitioners believe that vacating the above mentioned rights-of--way will not have a detrimental effect on the adjacent properties located along this portion of Franklin Street and Indiana Avenue. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, ichael J. Danch ~ President Danch, Harner & Associates File #080106 pjh 1643 Commerce Drive South Bend, IN 46628 office 5741234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 ~1~L~ Ott ~~~~'~'S ®~~~~ly APR - 2 2009 JG;;N VGGFf~S cl~r cl.e~><, sG. ~~rafa, IN. 208 West Mars Berrien Springs, MI 49103 office 2691471-3010 ^ Fax 269/471-7237 1316 COUNTY-Crrr BUILDING 227 W. JerrExsoN Bo~rzrvAaD SOUTH BEND, INDIANA 466(71-1830 I'rloNe 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS Apri127, 2009 Mr. Mike Danch Danch, Harner & Associates 1643 Commerce Dr. South Bend, IN 46628 RE: Street Vacations -Portions of Franklin and Broadway Streets (Preliminary Review) Dear Mr. Danch: The Board of Public Works, at its April 27, 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 othel• 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. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map You will need a 1•adius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Since~ly, :~ ,~~~~( L ni da M. Martin, Clerk c: Federico Rodriguez, Firc Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering Bill Schalliol, CED ~~~~~L. GARY A. GILOT, P.E. DONALD E. INxs JOHN H. MURPHY PRESIDENT MEMBER MEMBER