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Home My WebLink About9945-09 Vacation - Street - Summertime Lane from Jackson Rd to Hidden Creek DriveORDINANCE No. 994.5-09 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: July 27, r City Clerk ,esident of Common Council Presented by me to the Mayor of the City of South Bend, Indiana Q k Approved and signed by me July 28, 20— July 29 20 09 City Clerk Mawr ORDINANCE NO. 1. Ti y ` AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS SUMMERTIME LANE FROM JACKSON ROAD TO HIDDEN CREEK DRIVE FOR A DISTANCE OF 272.59 FEET AND A WIDTH OF 50 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 1. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: The street to be vacated is Summertime Lane from Jackson Road to Hidden Creek Drive for a distance of 272.59 feet and a width of 50 feet. Being a part of Hidden Creek Section 1 within the City of South Bend, St. Joseph County, Indiana Hereby determines that it is desirable to vacate said property. SECTION 11. 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 1 and 71 as shown on the recorded plat of Hidden Creek Section 1 subdivision SECTION IV. The purpose of the vacation of the real property is to relocate this entrance to Hidden Creek Section 1 so that it doesn't interfere with the Phillips Ditch. 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 M m er of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the 24� day of 1 , 2 ooq, at l o'clock 42. . m. CV Clerk Approved and signed by me on the day of 2 , at �: / o o'clock �. m. 11 I si RrADIAG ' — ( 3 --'� � PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED? _ Mayor, City ot.9outh Bend, Indiana — File d In t lefles 0111Ce - 21109 CITY Cl TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 52 -09 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS SUMMERTIME LANE FROM JACKSON ROAD TO HIDDEN CREEK DRIVE FOR A DISTANCE 272.59 FEET AND A WIDTH OF 50 FEET 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 /ALLEY) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE). THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: NONE B. THE STREET DESCRIBED AS: The street to be vacated is Summertime Lane from Jackson Road to Hidden Creek Drive for a distance of 272.59 feet and a width of 50 feet. Being a part of Hidden Creek Section 1 within the City of South Bend, St. Joseph County, Indiana. NAME (signed & printed) ADDRESS LOT # /—�-9 � � Hidden Cre C PO Box 8195 Hidden Creek Sec. 1 By Pete T ddeo South Bend, In. 46660 Lot 1 and 71 Contact Person: Lang, Feeney & Associates, Inc. Terance D. Lang 715 South Michigan Street South Bend, Indiana 46601 574 - 235 -9221 Hied to C1er k,'s CHICO JUL -8 Zip 23 -1014 -0303, 030302, 030322 Hidden Creek, LLC (Petitioner) PO Box 8195 South Bend, Indiana 46606 23 -1014- 030321 Racquel Erickson 4910 York Road South Bend, Indiana 46614 Property owners within a 300' radius. 23- 1014 - 030319 Joshua & Jennifer Runnels 717 Hidden Creek Drive South Bend, Indiana 46614 01-1017-033802,01-1029-0664,0668 Donald & Dixie Elmrick 20264 Jackson Road South Bend, Indiana 46614 23- 1014 - 030320 Cecilio & Tabitha Harrison 706 Hidden Creek Drive South Bnd, Indiana 46614 JUL Jo�"�n 4J�3 :n�1c CITY CLERK, So. 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS July 13, 2009 Mr. Pete Taddeo Hidden Creek, LLC PO Box 8195 South Bend, Indiana 46660 PHONE 574 / 235 -9251 FAx 574/235 -9171 TDD 574/ 235 -5567 RE: Alley Vacation — A Portion of Summer Time Lane from Jackson Road to Hidden Creek Drive (Preliminary Review) Dear Mr. Taddeo: The Board of Public Works, at its July 13, 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. Please contact Tony Molnar at (574) 235 -9254 prior to picking up your radius map. You will need a radius 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. Sincerely, f Linda M. Martin, Clerk c: 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 LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING - CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET. SOUTH BEND, INDIANA 46601 TELEPHONE 574/233 -1841 *FACSIMILE 574/674 -0374 INDOT PREQUALIFIED: 5.4 ECOLOGICAL SURVEYS 5.5 WETLAND MITIGATION 6.1 TOPOGRAPHIC SURVEY DATA COLLECTION July 3, 2009 City of South Bend Common Council Room 455 County -City Building South Bend, Indiana 46601 WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. Re: Vacation Petition - A portion of Summertime Lane To The Common Council, SUB- DIVISIONS BOUNDARY SURVEYS CONSTRUCTION SURVEYS PUBLIC WORKS PREQUALIFIED The petitioner, Hidden Creek, LLC, wishes to re -route the entrance of Hidden Creek subdivision. In order to achieve this we are requesting a right -of -way vacation of Summertime Lane from Jackson Road to Hidden Creek Drive for a distance of 272.59 feet and a width of 50 feet and being a part of Hidden Creek Section 1. If there are any questions regarding this matter, please feel free to contact our office. S' ely, r3e '�. � �iico HI �.�:r =--- �u� - JOHN WORM ORM 7008 1830 0000 m_, m 7008 1830 0000 7008 1830 0000 7008 1830 0000 Office of the City Clerk 2317 2228 2317 2235 2317 2242 2317 221 tnN0 0 -a M �� ay n C Z A D v m� my m-3 m3 M f?o T c 2 n N O X h nm nm m m zZm �0 °� J�- ter, m y $ 4* m w RE John Voorde, City Clerk July 15, 2009 NOTICE Public Hearing will be held at 7:00 p.m. [he Council Chambers on the 4th Floor of the end, Indiana, for the purpose of concerning the vacation of the following FOLLOWING DESCRIBED PROPERTY: THE SUMMERTIME LANE FROM JACKSON ROAD ,R A DISTANCE 272.59 FEET AND A WIDTH OF If you have any questions concerning this matter, please do not hesitate to contact this office. John Voorde City Clerk 455 County-City Building -227W Jefferson Blvd -South Bend, Indiana 46601 •574/235 -9221 -Fax 574/235 -9173 • TDD 574/235 -5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Deputy Ordinance Violation Clerk Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 June 5, 2009 The Board of Public Works 13`h Floor, County-City Building South Bend, Indiana 46601 RE: Street Vacation Hidden Creek Subdivision, a portion of Summer Time Lane from Jackson Rd. to Hidden Creels Drive Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) 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. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recommends that the streets be vacated subject to any further utility or access easements recommended by the Engineering and Building Departments. Sinceyely, A el Klug Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 06/08/2009 12:09 FAX INTER - OFFICE MEMORANDUM ®OARD OF PUBLIC WORKS TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission orni _co.st4MPh.in.us or 235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathla, Community & i= oonomic Development Federico Rodriguez, l=ire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCp rbet Ln,@niso=Lcom or 264 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk ',§,�- RE: Request for Recommendation - Street Vacation Location; In Hidden Craek Subdivislon ja aortion of Summer -Time Lane from Jack on Rd, t idden C eek Drive, (preliminary Review) DATE. June 2, 2009 DUE: June 18, 2009 FAX OR E -MAIL TO :, 236-91711 lm rt n so hbendln. o RETURN RECOMMENDATION PAGE ONLY, ATTACHMENTS NOT REQUIRED. COMMENTS &RECOMM(ENDAATIONS:j� �Y- r.► Received Time Jun, 8. 12:28PM 0003/007 I TO: Carl Littrell, Engineering Department John Byorm, Area Elan Commission ( vorni(&co,st- ioseph,in.us or 235 -9813 far.) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(u7nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk RE: Request for Recommendation - Street Vacation Location: In Hidden Creek Subdivision, a portion of Summer Time Lane from Jackson Rd. to Hidden Creek Drive. (Preliminary Review) ' DATE: June 2, 2009 DUE: June 18, 2009 FAX OR E -MAIL TO: 235 -9171 I Imartin@southbend!n.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: i as n ff. N a4 �� J�, l� ft-c.t �. BY: DATE: _Z� /d�