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Home My WebLink AboutVacation - various streets and alleys bounded as follows: High St. , Conrail Rd, Rush St, and PennsylvaniaORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana July 27. 19 ~~ Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana July 28, 8924-98 Ciry Clerk President of Common Council 19 98 Ciry Clerk Approved and signed by me July 29, 19 98 Mayor ORDINANCE NO. ~~~ 7 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS STREETS AND ALLEYS BOUNDED AS FOLLOWS: HIGH STREET ON THE EAST, THE CONRAIL RAIL ROAD ON THE NORTH, RUSH STREET ON THE WEST, AND PENNSYLVANIA AVENUE ON THE SOUTH. 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: AN ALLEY RUNNING PARALLEL WITH AND ALONG THE WEST RIGHT-OF-WAY OF THE CONRAIL RAIL ROAD FROM THE EAST RIGHT-OF-WAY OF MARIETTA STREET TO THE NORTH RIGHT-OF- WAY OF EAST KEASEY STREET FOR A DISTANCE OF APPROXIMATELY 330 FEET AND A WIDTH OF 10 FEET; ALSO AN ALLEY RUNNING PARALLEL WITH AND ALONG THE WEST RIGHT-OF-WAY OF THE CONRAIL RAIL ROAD FROM THE SOUTH RIGHT-OF-WAY OF EAST KEASEY STREET TO THE WEST RIGHT-OF-WAY OF SOUTH HIGH STREET FOR A DISTANCE OF APPROXIMATELY 100 FEET AND A WIDTH OF 20 FEET; ALSO THE FIRST NORTH/SOUTH ALLEY EAST OF MARIETTA STREET FROM THE SOUTH RIGHT-OF- WAY OF EAST KEASEY STREET TO THE NORTH RIGHT-OF-WAY OF EAST WENGER STREET FOR A DISTANCE OF APPROXIMATELY 278 FEET AND A WIDTH OF 14 FEET; ALSO THE FIRST EAST/WEST ALLEY SOUTH OF EAST KEASEY STREET FROM THE EAST RIGHT-OF- WAY OF MARIETTA STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST NORTH/SOUTH ALLEY EAST OF MARIETTA STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF 14 FEET; ALSO THE FIRST EAST/WEST ALLEY SOUTH OF EAST KEASEY STREET FROM THE EAST RIGHT-OF- WAY OF THE FIRST NORTH/SOUTH ALLEY EAST OF MARIETTA STREET TO THE WEST RIGHT-OF- WAY OF HIGH STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF 14 FEET; ALL OF THE ABOVE ALLEYS ARE LOCATED IN WENGER'S 3RD ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ALSO INCLUDING, ALL NORTH/SOUTH AND EAST/WEST ALLEYS BOUNDED BY WENGER STREET ON THE NORTH, PENNSYLVANIA AVENUE ON THE SOUTH, RUSH STREET ON THE WEST AND MARIETTA STREET ON THE EAST. ALL LOCATED IN WENGER'S 5TH ADDITION, CITY OF SOUTH BEND; ST. JOSEPH COUNTY, INDIANA. ALSO INCLUDING, ALL NORTH/SOUTH AND EAST/WEST ALLEYS BOUNDED BY WENGER STREET ON THE NORTH, PENNSYLVANIA AVENUE ON THE SOUTH, HIGH STREET ON THE EAST, AND MARIETTA STREET ON THE WEST. ALL LOCATED IN WENGER HOMESTEAD, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Page 1 of 2 STREETS: MARIETTA STREET FROM THE NORTH RIGHT-OF-WAY OF WENGER STREET TO THE SOUTH RIGHT- OF-WAY OF THE CONRAIL RAIL ROAD FOR A DISTANCE OF APPROXIMATELY 544.98 FEET AND A WIDTH OF 50 FEET; ALSO, EAST KEASEY STREET FROM THE EAST RIGHT-OF-WAY OF MARIETTA STREET TO THE WEST RIGHT-OF-WAY OF THE CONRAIL RAIL ROAD FOR A DISTANCE OF APPROXIMATELY 370 FEET AND A WIDTH OF 50 FEET; ALSO, EAST WENGER STREET FROM THE EAST RIGHT-OF-WAY OF MARIETTA STREET TO THE WEST RIGHT-OF-WAY OF SOUTH HIGH STREET FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 50 FEET; ALL OF THE ABOVE STREETS ARE LOCATED IN WENGER'S 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 vacatedright-of--way, unless such rights are released by the individual utilities. SECTION III. The following property maybe injuriously or beneficially affected by such vacating: Wenger's 3rd Addition: Lots 30 through 49, inclusive. Wenger's 5th Addition: Lots 108 through 117, inclusive, and Lots 122 through 131, inclusive. Wenger Homestead: Lots 226 through 255, inclusive. 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 neighborhood park. 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 1 st READNG 7- / ~ 9U PUBLIC HEARING -~7,Cf rd READING 7_~7 , C~ RE~~ERRED G Page 2 of 2 PASSED 7-~~~~0 ~IS SU~T ~T~-~~C~ COMMITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 54-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS STREETS AND ALLEYS BOUNDED AS FOLLOWS: HIGH STREET ON THE EAST, THE CONRAIL RAILROAD ON THE NORTH, RUSH STREET ON THE WEST, AND PENNSYLVANIA AVENUE ON THE SOUTH Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably, as substituted. John Broden Chairman STREET AND ALLEY VACATIONS The street to be vacated is Marietta Street from the North right-of--way of Wenger Street to the South right-of--way of the Conrail Rail Road for a distance of approximately 544.98 feet and a width of 50 feet. Also East Keasey Street from the East right-of--way of Marietta Street to the west right-of--way of the Conrail Rail Road for a distance of approximately 264.92 feet and a width of 50 feet. Also east Wenger Street from the east right-of--way of Marietta Street to the west right-of--way of south High Street for a distance of approximately 410 feet and a width of 50 feet. Also an alley running parallel with and along the west right-of--way of the Conrail Rail Road from the east right-of way of Marietta Street to the north right-of--way of east Keasey Street for a distance of approximately 314.67 feet and a width of 10 feet. Also an alley runnig parallel with and along the west right-of--way of the Conrail Rail Road from the south right-of--way of east Keasey Street to the west right-of--way of south High Street for a distance of approximately 100 feet and a width of 20 feet. Also the first north/south alley east of Marietta Street from the south right-of--way of east Keasey Street to the north right-of--way of east Wenger Street for a distance of approximately 264 feet and a width of 14 feet. Also the first east/west alley south of east Keasey Street from the east right-of--way of Marietta Street to the west right-of--way of the first north/south alley east of Marietta Street for distance of approximately 198 feet and a width of 14 feet. Also the first east/west alley south of east Keasey Street from the east right-of--way of the first north/south alley west of High Street for a distance of approximately 198 feet and a width of 14 feet. All of the above are located in Wenger's 3rd Addition, city of South Bend, St. Joseph County, Indiana. The alleys to be vacated are described as all north/south and east/west alleys bounded by Wenger Street on the north, Pennsylvania Avenue on the south, Rush Street on the west and Marietta Street on the east. All located in Wenger's 5th Add., city of South Bend, St. Joseph County, Indiana. i'ii~~ in Cleric's ®f~iG~ JUE! 2~ 4 ~~ ~oRarra ~. auaa Gt'PY GLERk., 50. BGIa'D, tfi. 18-7 23 A -0896 ~s . ~ Q ~ ~ F- - _ ~ L-t1 ~ ~ ~ -t-.. ~--~-. X50 ° ~ ter- 54 53 5 2 ~ ~ ,~, `r ~ ^ a- ~ 0 0 o I o o 0 I ~ o I o ~ I 57 ~ ° I ~ ~ ° 51 50 56 55 0 ~ 1 -702 ~~ WEN GER 14' ° 'r' ~ ~ 11 2 P o ~ o ° o I I 108 109 11 0 f ~ Q~ 1 1,32' 113 114 115 N ` `~ `` O - ~ -0886 ~ ` ~ 01 8' ~ ~ _ 198' 90' ss -0903 117 - 0902 PT.116 - 7 ~ - -0900 -0898 -0905 -0904.01 PT 123 P~3- - . -0899 -0906 12 - _ 0904 -09 12' -0920 -0915 8-70 3 16' - 1 7 131 1I0 1 29 128 132' 126 125 124 N O I 07 I 00 I I~ O O O I I I CO O ~ ~ ~ N O I ~ O 'ENNSYLVANIA AVE. o ~- 0 0 ~ ~ ~ o ~ o A B 0 ~ I 149, 147 G O ~ ~' ~ P 0 246 247 R ° ,~ ~- 1 '~ 0 i ¢a¢ rn O 6~ I 48 13 158 '157 156 C~~ 18-7015 V ~S ~~ ~~ ALLEY VACATIONS V`~ I- IT 245 I- -0800 W 244 0801 ~ Q ~ 243 0802 J 18- 7020 S , O 227 226 O 146 The alleys to be vacated are described as all north/south and east/west alleys bounded by Wenger Street on the north, 'Pennsylvania Avenue on the south, Rush Street on the west and Marietta Street on the east. All located in Wenger's 5th Add., city of South Bend, St. Joseph County, Indiana. 228 O I O' 24 2S 21 2 .~o-may ST. HIGH ,e-~o,~ ,8-~0,~ W~NG~R S ~=ii~d in CI2rk's O~fic~ ,iUiJ 2 4 in~II LORETTA J. DUDk CITYCLERK, 30. BEPdD, ITl. WEN ER' rcl [~D ~ ~ . r~ O 0 46 45 0 I ^ o I ~ 0 I I I N r7 ~ °: ° 0 ° ~ 0 1 -701 49 48 0 47 C3~ ~ I , It~~ 44 43 42 ~ ~ WEN ST. OO I~ ~ 07 00 ^ O O ~ ~ ^ N O ~ ~ O ^ ~ O h ~ O ~ ~ O ^ ~ ~ Q) O O O O O O O O O O O I I O 0 I 115 I 246 I 247 f 248 I 249 I 250 I 13 2' 1 252 I 253 ,/ 254 I `P ~ 2 1 /. _• ,Q 18 702 0 ,: ~/ o ° 1.9R' ~ 1.9R' I 1 ti- f U2S Q -0897 ~ . w "' " -0898 - -0899 R 15 125 124 N O I p I 148 96 5 -0800 12' 241 ~~flo8o.~ ° ~° , 3 - ~ 120'-0806 - 801 14 1 242 243 _nRn~ -0804 -0807 96 238 16 -0725 01 12 . -0808 = 237 ~ ~; -0809 = ' 236 1 ^~ -0810 ~ -0725.02 j~ 227 ,~ J ~ ~ ~ 2 1 226 :~ 229 230 1,32'232 233 234 235 ,®~. 228 ~ M ~t ~ ~ ~ 00 O O ~- 00 O 00 ~ ~ a0 ~ ~ ~ O I p O O p O O O I I I 1 I I I I i PENNSY A IA AVE. M N O d N O ~ N O CO N O ~ !~ N c0 00 N cD N .. CO O O cMp O ~ 7 ~-~~-i 'x-10 U' ~ ~ I I 1 ~ ~ ~I I p 1 146 145 144 142 141 215 21 6 WEN GER & RIE HBO M'S RE LAT ALLEY VACATION -0724 Is X50 R -0724.02 18-701 `V The alleys to be vacated are described as all north/south and eastlwest alleys bounded by Wenger Street on the north, Pennsylvania Avenue on the south, High Street on the east, and Marietta l Street on the west. All located in Wenger,Homestead, City of South Bend, St. Joseph County, Indiana PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL DATE JUNE 15. 1998 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEYS DESCRIBED AS: An alley running parallel with and along the west right-of--way of the Conrail Rail Road from the eastright-of--way of Marietta Street to the north right-of--way of east Keasey Street for a distance of approximately 314.67 feet and a width of 10 feet; Also an alley running parallel with and along the west right-of--way of the Conrail Rail Road from the south right-of--way of east Keasey Street to the west right-of--way of south High Street for a distance of approximately 100 feet and a width of 20 feet; Also the first north/south alley east of Marietta Street from the south right-of--way of east Keasey Street to the north right-of--way of east Wenger Street for a distance of approximately 264 feet and a width of 14 feet; Also the first east/west alley south of east Keasey Street from the east right-of--way of Marietta Street to the west right-of--way of the first north/south alley east of Marietta Street for a distance of approximately 198 feet and a width of 14 feet; . Also the first east/west alley south of east Keasey Street from the eastright-of--way of the first north/south alley west of High Street for a distance of approximately 198 feet and a width of 14 feet; All of the above are located in Wenger's 3rd Addition, City of South Bend, St. Joseph County, Indiana. Also including, all north/south and east/west alleys bounded by Wenger Street on the north, Pennsylvania Avenue on the south, Rush Street on the west and Marietta Street on the east. All located in Wenger's 5th Addition, City of South Bend, St. Joseph County, Indiana. Also including, all north/south and east/west alleys bounded by Wenger Street on the north, Pennsylvania Avenue on the south, High Street on the east, and Marietta Street on the west. All located in Wenger Homestead, City of South Bend, St. Joseph County, Indiana. B. THE STREETS DESCRIBED AS: Marietta Street from the north right-of--way of Wenger Street to the south right-of--way of the Conrail Rail Road for a distance of approximately 544.98 feet and a width of 50 feet; Also, east Keasey Street from the East right-of--way of Marietta Street to the west right-of--way of the Conrail Rail Road for a distance of approximately 264.92 feet and a width of 50 feet; Also, east Wenger Street from the east right-of--way of Marietta Street to the west right-of--way of south High Street for a distance of approximately 410 feet and a width of 50 feet; All of the above are located in Wenger's 3rd Addition, City of South Bend, St. Joseph County, Indiana. Page 1 of 2 Name -Address -Signatures City of South Bend Board of Public Works 1308 County-City Building South Bend, lj~liapa,~46691 /James R. Cal}d~well, President ~--- //~'~'`~r Lewis N. Powell, Member ~C~~/U~-~u~~0 M. at Brine Roemer, Mem er -AND- City of South Bend Community and Economic Development Division of Redevelopment 1200 County -City Building South Bend, Indiana 46601 . ~ Ann Kolata, Director of Redevelopment Loretta J. Duda City Clerk Room 455, County-City Building South Bend, Indiana 46601 (219) 235-9221 Subdivision Name and Lot Numbers Wenger's 3rd Addition: Lots 30, 31, 33, 34, 36- 39, 42-44, 46-49, inclusive. Wenaer's 5th Addition: Lots 108-117, 122-131, inclusive. Wenner Homestead: Lots 226-228, 231-247, 249-251, 253, 254, north half of 255, inclusive. 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 2 of 2 ~..____- - - _._.,.W.,.._..,,_ ~llad in Clerk's Office JU~~ 2 4 1~9~ LORETTA J. DlJDA CRYCLERSt~ ~0. Ei'EI~D~ 141. 1316 COUNTY-CITY BUILDING $OUTII BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC V i/ ORKS July 27, 1998 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of Various Streets Dear Members of the Council: PHONE 219/235-9251 Fax 219/235-9171 TDD 219/235-5567 In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the Vacation of Various Streets, as follows: Various streets and alleys bounded as follows: High Street on the east, the Conrail Railroad on the north, Rush Street on the west, and Pennsylvania Avenue on the South. Mr. Caldwell advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Police Department, Fire Department, Area Plan Commission, Division of Engineering, Bureau of Sanitation and Department of Economic Development, subject to any utility easements. Area Plan has noted two distance discrepancies. The first north/south alley east of Marietta between Keasey and Wenger Street should be listed at a distance of 288 feet. Also, Keasey Street between Marietta and Conrail Railroad should be vacated for a distance of 327 feet. In addition, there are six lots in this area that have not signed the vacation petition, but they are in the process of being acquired by the City. Therefore, the Board submits to you a favorable recommendation concerning this vacation. ii~cerely, Angela K~ Jacob, Clerk Attachments JAMES R. CALDWELL LEWI$ N. POWELL, P.E. M. CATHERINE ROEMER