HomeMy WebLinkAboutVacation - Alley - Six alleys and three streets in homeland 3rd addition and Richland 2nd Addition - (pt vacated)ORDINANCE No. ess,
Passed by the Common Council of the City of South Bend, Indiana
November 9, 19 98
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
November
10,
pity Clerk
President of Commou Council
19 98
City Clerk
Approved and signed by me November 11, 19 98
~~-c~
Mayor
ORDINANCE NO. U~ ~ I' ~ O
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
SIX ALLEYS AND THREE STREETS IN HOMELAND 3RD ADDITION
AND RICHLAND 2ND ADDITION (PT VACATED)
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:
STREET VACATION
Delaware Street from the west right-of--way of S. Kaley Street to the west right-of--way of Prospect
Street for a distance of approximately 326 feet and a width of 60 feet. Part located in Homeland 3rd
Addition, city of South Bend, St. Joseph County, Indiana.
Also, Kaley Street form the south right-of--way of Delaware Street to the north right-of--way of W.
Ewing Avenue for a distance of approximately 706 feet and a width of 60 feet. Part located in
Homeland 3rd Addition and part located in Richland 2nd Add.(pt. vacated), city of South Bend, St.
Joseph County, Indiana.
Also, W. Ewing Avenue from the west right-of--way of Prospect Street to the west right-of--way of
S. Kaley Street for a distance of approximately 326.8 feet and a width of 30 feet. Part located in
Homeland 3rd Addition, city of South Bend, St. Joseph County, Indiana.
ALLEY VACATION
The first north south alley west of Prospect Street from the south right-of--way of Delaware Street
to the north right-of--way of W. Ewing Avenue for a distance of approximately 706 feet and a width
of 14 feet. Part located in Homeland 3rd Addition, city of South Bend, St. Joseph County, Indiana.
ALLEY VACATION
Also, the first east/west alley north of W. Ewing Avenue from the west right-of--way of Prospect
Street to the east right-of--way of the first north/south alley north of W. Ewing Avenue for a distance
of approximately 126 feet and a width of 14 feet. Part located in Homeland 3rd Addition, city of
South Bend, St. Joseph County, Indiana.
ALLEY VACATION
Also, the first east-west alley north of W. Ewing Avenue from the east right-of--way of S. Kaley
Street to the west right-of--way of the first north-south alley west of Kaley Street for a distance of
approximately 126.8 feet and a width of 14 feet. Part located in Homeland 3rd Addition, city of South
Bend, St. Joseph County, Indiana.
ALLEY VACATION
Also, the first north/south alley west of S. Meade Street from the south right-of--way of Delaware
Street to the north right-of--way of W. Ewing Avenue for a distance of approximately 706 feet and
Page 1 of 2
ORDINANCE NO.
SIX ALLEYS & THREE STREETS IN HOMELAND 3RD ADDITION AND RICHLAND 2ND ADDITION
a width of 14 feet. Part located in Homeland 3rd Addition, city of South Bend, St. Joseph County,
Indiana.
ALLEY VACATION
Also, the first east-west alley north of W. Ewing Avenue from the east right of way of Prospect Street
to the west right-of--way of the first north-south alley east of Prospect Street for a distance of
approximately 126 feet and a width of 14 feet. Part located in Homeland 3rd Addition, city of South
Bend, St. Joseph County, Indiana.
ALLEY VACATION
Also, the first east-west alley north of W. Ewing Avenue from the west right-of--way of S. Meade
Street to the east right-of--way of the first north south alley west of S. Meade Street for a distance
of approximately 126 feet and a width of 14 feet. Part located in Homeland 3rd Addition, 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: Lots # 256A, 258A, 259, 260, 261, 262, 264A, 265A, 266A, 268, 269, 270, 271, 272, 297,
298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317,
318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 354, 355, 356, 357, 358, 359,
360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371 all in Homeland 3rd Addition and Lot
#47 and the vacated portion in Richland 2nd Addition.
SECTION IV. The purpose of the vacation of the real property is to replat the subdivision
and create more available lots and larger buildable lots for development. The alleys and streets
proposed to be vacated are only paper Rights-Of--Way and are not in use.
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
~ 5r ~EADNG g-~~- 7 ~ Page 2 of 2
PU`?L;C HEAPING ~l-q-g
3 rd READING ~~_ 9 ' / $
NOT APPROVED
REFERRED
PASSED ~~~~-~J
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
77-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
SIX ALLEYS AND THREE STREETS IN HOMELAND 3RD
ADDITION AND RICHLAND 2ND ADDITION (PT. VACATED)
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
~{{
i,.
is
~:rs;;.
1 •' ,
11 e~w
`:"~,
~~-;~,.
I:w+~
a :,
?,
4; 1
i'
yj~~`~er
IX;,",~. ,
j.; .
~~ '
~y.
w,,. ;'
~'~~F
3 >>
~~ ~S
Fi•'''r
~~~
1 i `t,R~i
fy;
I '~~ •.
Ja
~~'i4,
~ `Lys.
[o4[aat M '
fu~,~
W: ~:'~
k'~?.:
T~~ '
5}
#~-1 . i
~~
~~ ~.
~~~
350 335
292
18- 1 6
351
-4000 18-
06 334 x012
293 _4024
-4001 352 _4013333 q
-4025 ~ ;,
','`~ :~,~
353
-4002 332.
-4014
,~~j~
•295 a026
326
354
~
-4003 _4015 331 96
4
027
60'
355
-4074
-4091330
297
_4040
-ao75 356 _ao92329 Q 298
-4041
-4076 357 328
-4093 299
-4042
-4077358 -4094327 -4043 300 ,
359
-407_ 8
_4095326
301
268
360
4079
~25 _4044
- -4096 -4045 302 267
361
-4080
~~32a
303 ` ~`
X
097 -4046 266
362
-408_ ~ _-_
O 323_4098
-4047304
265
363
-4082
108 322-4099
-4048305
264
-4083 364 321 ~ 30 18 8 07 ~ `'
-4100 U -aoas 263 (n; ::
365 _a08a 320
-4101 W
~
-ao50 307
262 '
L~J:
366 _4085 319-4102 ~
Q
4051 308
261
~Qti G
367 _4086 318 _4103 ~ . _4052 309 260 r
~ ;~: „{
368_4087 14317
_4104 -4053 310 259
,
371
0 370
0 369
~ ~
316
~^ 315
.n 314
n :313
.' 312
~
3~1
258
257 •
256 ~a
.r
I .a
1 o
j 0
~
I 0
v 0
v ~
v 0
„ 0
d.
I I I I
30' I
~ ~; >;
.,
r
~ w E inIING x
a `
so, ~ L:,~, ; ~
N
N
N
N
N
N
O~
O ~J
' ,~
a
1 a
I a
I a
I ~
I
~ N
a n.
a n
a ~ Ak`1
,1
32
~ 31 30 29 28 27 26 125 4
23
22
21
20
19 •
+.
~
N
n .1 ~
1..?,
t
1 _ y
I _ ,
:I
~1:, 7.
`f~
.., .. •
r
~~
•'41.1
Pv "
1 of Z 'll
350 335
351
-4000 18_ 8 06 334 4012
-4001 352 -4013 333
-aoo2 353 _4014 332
-4003354 _4015 331
D ~~Aw A Rc
-4074355 _4091330
' -4075356 -ao92329
: -4076 357 _4093328
~
~ -4077358 -4094327
-4078 359 _4095 326
~ ~ ~ -4079 360 `~- 2,
-4096
-4080 361 (,V~32
-4081 362 0 323 ~~
-4082 363
108
~~
~` , ` W -4083 364
•
4., J
~
~ . 365
: . _4084
Y
~ ~,; 366
- 4085
a~y~^' : ~` ~ -367 _4086
t~'
. ~ z ;t
~
368 _ 4087
~ ,
~~„. - e
r,~
,
'~ ~ '
k~' , e' 371 370 369 316
o
~ rn ~
e ~:
~ 0 o O
a ,*
~
ix
~
~A I I
;r
1
A .. ..._. ... .,..
f';:K; ~.
292 C
293 -4024
294
295 .,.,,5, ,,.,,,
-4040 297
-4041 298
-aoa2 299__
_4043 300
301
-4044
-4045 302
-ao4s 303
4047 304
305
276
275
-4038
274
-40392
409 272
-4058 271
- -4059270. ._.--
-4060 269
-4061 268
-4062
266A
-4064
265A
3 ~ 30 18-
-4100 (~ -4049
3 0 ~ 307
-x101 _4050
19
-4102 0 4051 .308
318 ~
_4103
Q. 309
-4052
317 >50'
-4053 310
~5~ '
R 26
1 0'
314
n
0 313 312 311
-'
o N ~
,~ d• ~ 0 0
l ,1
i N a N
N N N N N Oe O
.f. ' :r a v d. N n n
~,, I ', I I I I a a ~ a
~ ~- 32~ 31 30 29 28 27 26 125 24
~~. .- ~ ~
~. I
~;
.~ I
t'4, ~'...e:
-4065
J~
264A
-4067 262
•4068 261
-4069- 260
-4070 259 ~ ~4
-126
258A
-ao71
-4073
256A
' 22 0 I 19
N 1 ~ ~ ~
n n n n M
a :r v a a
I I I I I
w
w
~p
239 g
_3958
240 213
-3960
24tA 212 -
-3962
8 ' ; '
8105
11
-3966
243A 210 Q '
r
244 209.
_3968
245 208
-3970
246 Q 207
_3972
1974 247 206
48A 205
3 6 ~,
':r'i
,:.,.
204
250 _3980 203
~
~
251
-3982 202 J
ie
3984 201: '' sl
,:
-3986 -3988 I
255A 253A 200 .199 198
:.
r
~
`'i
W. Ew1NG
1
~
,~ .
_
3
t
~
x
~~' • ` ~ j,
~~
~i
e
_ •
~
:,~
r
i
?~ts
_~S".
~~
eor~
e r',lf{1
P~2c1~2. ;. .:
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE 21 AUGUST 1998
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A.
THE ALLEYS DESCRIBED AS:
SHOWN IN EXHIBIT A (SIX ALLEYS)
ALL IN HOMELAND 3RD ADDITION
B.
THE STREETS DESCRIBED AS:
SHOWN IN EXHIBIT A (THREE STREETS)
IN HOMELAND 3RD ADDITION AND RICHLAND 2ND ADDITION (PT. VACATED).
NAME
~~1~ G~~~GG .
MICHAEL URBANSKI,
G & M PROPERTIES
ADDRESS
14299 DAY ROAD
MISHAWAKA, IN
46545
CONTACT PERSON:
LOT #
295, 296, 300, 301, 302, 303,
304, 309, 310, 311, 312, 313,
314,315,317,318,319,320,
321, 322, 323, 324, 325, 326,
327, 328, 329, 330, 362, 363,
364, 365, 366, 367, 368, 369,
370, 371
NAME: BILL OWEN, PRESIDENT
BOSH DESIGN GROUP, INC.
ADDRESS: 113 LINCOLN WAY WEST, SUITE 200
MISHAWAKA, INDIANA 46544
PHONE: (219) 255-8502
EXHIBIT A
VACATION PETITION
Page 1 of 2
STI2IJE'I' VACATION
The street to be vacated is Delaware Street from the west right-of--way of S. Kaley Street to the
west right-of--way of Prospect Street for a distance of approximately 326 feet and a width of 60
feet. Part located in I-Iomeland 3rd Addition, city of South I3cnd, SL.loseph County, Indiana.
Also, Kaley Street from the south right-of--way of Delaware Street to the north right-of--way of
W. Ewing Avenue for a distance of approximately 706 feet and a width of 60 feet. Part located
in Homeland 3rd Addition and part located in Richland 2nd Add.(Pt. Vacated), city of South
Bend, St. Joseph County, Indiana.
Also, W. Ewing Avenue from the west right-of--way of Prospect Street to the west right-of--way
of S. Kaley Street for a distance of approximately 326.8 feet and a width of 30 feet. Part located
in Homeland 3rd Addition, city of South Bend, St. Joseph County, Indiana.
ALLEY VACATION
The alley to be vacated is described as the first north/south alley west of Prospect Street from
the south right-of--way of Delaware Street to the north right-of--way of W. Ewing Avenue for a
distance of approximately 706 feet and a width of 14 feet. Part located in Homeland 3rd
Addition, city of South Bend, St. Joseph County, Indiana.
ALLIJY VACATION
Also, the first eastlwest alley north of W. Ewing Avenue from the west right-of--way of Prospect
Street to the east right-of--way of the first north/south alley north of W. Ewing Avenue for a
distance of approximately 126 feet and a width of 14 feet. Part located in Homeland 3rd
Addition, city of South Bend, St. Joseph County, Indiana.
ALLLY VACATION .
Also, the first east-west alley north of W. Ewing Avenue from the east right-of--way of S. Kaley
Street to the west right-of--way of the Irst north-south alley west of Kalcy Street for a distance of
approximately 126.8 feet and a width of 14 feet. Part located in Ilomeland 3rd Addition ,oily of
South Bend, St. Joseph County, Indiana.
ALLEY VACATION
Also, the first north/south alley west of S. Meade Street from the south right-of--way of Delaware
Street to the north right-of--way of W. Ewing Avenue for a distance of approximately 706 feet
and a width of 14 feet. Part located in I Iomeland 3rd Addition, city of South Bend, St. Joseph
County, Indiana.
>JXHII3IT A
VACATION PET[TION
Page 2 of 2
2.
ALLOY VACATION
Also, the first east-west alley north of W. Ewing Avenue from the east right-of--way of Prospect
Street to the west right-of--way of the first north-south alley east of Prospect Street for a distance
of approximately 126 feet and a width of 14 feet. Part located in Homeland 3rd Addition, City of
South Bend, St. Joseph County, Indiana.
ALLi•JY VACATION
Also, the f rst east-west alley north of W. Owing Avenue from the west right-of way of S. Meade
Street to the east right-of--way of the first nortl~/south alley west of S. Meade Street for a distance
of approximately 126 feet and a width of 14 feet. Part located in Homeland 3rd Addition, city of
South Bend, St. Joseph County, L~diana.
1316 COUNTY-CITY BUILDING
$OUTx BEND, INDIANA 46601-1S3O
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
POARD OF PUBLIC d V ORKS
October 9, 1998
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Vacation of Alleys
Dear Members of the Council:
PxoNE219/235-9251
Fax 219/235-9171
TDD 219/235-5567
In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted
to the Common Council concerning the Vacation of alleys, as follows:
Six alleys and three streets in Homeland 3rd Addition and Richard 2nd Addition (PT Vacated)
See attached.
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.
Therefore, the Board submits to you a favorable recommendation concerning this vacation, subject
to an easement.
Si cgrely,
f ~ t/ ~ ,,
Angela K. J co ,Clerk
Attachments
JAMES R. CALDWELL LEWIS N. POWELL, P.E. M. CATHERINE ROEMER