Vacate - Described Property Part of F Jay Nimtz Parkway

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ORDINANCE NO. 3'470- % AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO VACATE THE FOLLOWING DESCRIBED PROPERTY A part of F.Jay Nimtz Parkway, located in the Southeast Quarter of Section 19,Township 38 North,Range 2 East,German Township,City of South Bend, St.Joseph County, Indiana,more particularly described as follows: Commencing at the southeast corner of Section 19,also being the southwest corner of Section 20;thence North 00°1 4'09"West a distance of 49.67 feet to the Point of Beginning;thence North 00°14'09"West a distance of 20.33 feet; thence North 89°47'23"West a distance of 33 I.96 feet;thence North 00°12'37"East a distance of 35.00 feet;thence North 89°47'23"West a distance of 1109.88 feet;thence South 00°09'46"West a distance of 50.00 feet;thence South 89°47'23"East a distance of 310.00 feet;thence South 00°09'23"West a distance of 1 5.00 feet;thence North 89°47'23" West a distance of 1042.30 feet to a point 90.00 feet west of the East Line of Section 19;thence Northeasterly approximately 90.52 feet to the Point of Beginning. 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 right-of-way. 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 public rights-of-way: A part of F.Jay Nimtz Parkway,located in the Southeast Quarter of Section 19,Township 38 North, Range 2 East,German Township,City of South Bend,St.Joseph County, Indiana,more particularly described as follows: Commencing at the southeast corner of Section 19,also being the southwest corner of Section 20; thence North 00°1 4'09"West a distance of 49.67 feet to the Point of Beginning;thence North 00°14'09"West a distance of 20.33 feet;thence North 89°47'23"West a distance of 33 I.96 feet; thence North 00°1 2'37"East a distance of 35.00 feet;thence North 89°47'23"West a distance of 1 109.88 feet;thence South 00°09'46"West a distance of 50.00 feet;thence South 89°47'23"East a distance of 310.00 feet;thence South 00°09'23"West a distance of 15.00 feet;thence North 89°47'23" West a distance of 1042.30 feet to a point 90.00 feet west of the East Line of Section 19;thence Northeasterly approximately 90.52 feet to the Point of Beginning. 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 rights-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by the vacation: 25-1018-0622 Lot 4-Blackthorn Corporate Office Park 25-1018-0624.07 Lot 4A-Blackthorn Corporate Office Park Minor#I SECTION IV. The purpose of the vacation of the right-of-way is to: I), return unnecessary public right-nf--',n,av to ariiarent lanrinwnerc fnr nrivate rievelonmentt ?l. establish a uniform forty-foot right-