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(SECOND SUBSTITUTE) BILL NO. 15-23
<br /> ORDINANCE NO. 10957-23
<br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
<br /> 1100 BLOCK OF CORBY BOULEYARD STATEMENT OF PURPOSE AND INTENT
<br /> Pursuant to Indiana Code Section 36-7-3-12,the Common Council is charged with the authority to hear
<br /> all petitions to vacate public ways or public places within the City.
<br /> The following Ordinance vacates the above-described public property.
<br /> NOW,THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
<br /> OF SOUTH BEND, INDIANA, as follows:
<br /> SECTION I. Bill 15-23, previously submitted to the appropriate Standing Committee on
<br /> March 27, 2023 contained incomplete and/or inaccurate information. This information was
<br /> corrected in a Substitute Bill filed on May 17, 2023. This Second Substitute Bill explains the
<br /> need for the substitute and rescinds,revokes and replaces Bill No. 15-23, Ordinance 10925-23,
<br /> signed by the Council President on March 27, 2023 and by the Mayor on April 3, 2023.
<br /> SECTION II. The Common Council of the City of South Bend having held a Public
<br /> Hearing on the petition to vacate the following property:
<br /> BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA
<br /> DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS FOR SR 23, RNV
<br /> CODE 3786, DES NO. 9133615, PROJECT NO. STP-5050-(007) DATED DECEMBER
<br /> 19, 2011 AND BEING SITUATED IN THE WEST HALF OF THE NORTHWEST
<br /> QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE
<br /> TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, IN DIANA, AND BEING
<br /> MORE PARTICULARLY DESCRIBED AS FOLLOWS:
<br /> BASIS OF BEARING OF THIS DESCRIPTION PER RECORDED ALTA SURVEY,
<br /> INSTRUMENT NUMBER 2022-21866, ST. JOSEPH COUNTY RECORDER.
<br /> COMMENCING AT A CAPPED REBAR (ABONMARCHE FIRM #0050) ON THE
<br /> SOUTHERLY LINE OF A TRACT OF LAND CONVEYED TO THE STATE OF IN DIANA
<br /> AS DESCRIBED IN INSTRUMENT NUMBER 1113039 - PARCEL 88, ST. JOSEPH
<br /> COUNTY RECORDER; THENCE SOUTH 54° 27' 26" EAST, ALONG THE SOUTHERLY
<br /> LINE OF SAID STATE OF IN DIANA - PARCEL 88 LAND, AND SAID LINE EXTENDED,
<br /> 141.79 FEET TO A CAPPED REBAR (ABONMARCHE FIRM #0050) ON THE EAST
<br /> LINE OF LOT 11 OF BERGAN'S REPLAT OF LOTS 2, 3, AND 4 OF LISTEN BERGER'S
<br /> FIRST ADDITION, RECORDED IN PLAT BOOK 10, PAGE 9, ST. JOSEPH COUNTY
<br /> RECORDER; THENCE SOUTH 00° 15' 02" EAST, ALONG THE EASTERLY LINE OF
<br /> SAID LOT 11 , A DISTANCE OF 14.82 FEET TO THE SOUTHWEST CORNER OF A
<br /> TRACT OF LAND CONVEYED TO THE STATE OF IN DIANA AS DESCRIBED IN
<br /> INSTRUMENT NUMBER 1121035 - PARCEL 908, ST. JOSEPH COUNTY RECORDER,
<br /> AND BEING THE POINT OF BEGINNING; THENCE NORTH 89° 43' 16" EAST, ALONG
<br /> THE SOUTH LINE OF SAID STATE OF IN DIANA LAND, 20.64 FEET TO THE POINT
<br /> OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT; THENCE
<br /> SOUTHEASTERLY, AN ARC DISTANCE OF 141.28 FEET, ALONG SAID CURVE
<br /> HAVING A RADIUS OF 440.00 FEET AND SUBTENDED BYA LONG CHORD BEARING
<br /> SOUTH 64° 34' 45" EAST, 140.67 FEET TO A POINT ON THE EASTERLY LINE
<br /> EXTENDED OF LOT 318, AS SAID LOT IS KNOWN AND DESIGNATED ON THE THIRD
<br /> PLAT OF PARK PLACE, RECORDED IN PLAT BOOK 8 PAGE 192, ST. JOSEPH
<br /> COUNTY RECORDER; THENCE SOUTH 00°15' 57" EAST, ALONG SAID LINE, 17.93
<br /> FEET TO THE NORTHEAST CORNER OF SAID LOT 318; THENCE SOUTH 89° 43' 16"
<br /> WEST, ALONG THE NORTH LINE OF SAID LOT 318 AND THE NORTH LINE OF LOTS
<br /> 319, 320, AND 321 OF SAID THIRD PLAT OF PARK PLACE, 147.43 FEET TO A
<br /> CAPPED REBAR (ABONMARCHE FIRM #0050); THENCE NORTH 00°15' 02" WEST,
<br /> ALONG THE SOUTHERLY PROJECTION OF THE EASTERLY LINE OF SAID LOT 11
<br /> AND ALONG THE EASTERLY LINE OF SAID LOT 11, 78.93 FEET TO THE
<br /> POINT OF BEGINNING. SUBJECT TO ALL COVENANTS, RIGHTS-OF-WAY, AND
<br /> EASEMENTS OF RECORD. CONTAINING 7,238 SQUARE FEET (0.17 ACRES) MORE
<br /> OR LESS.
<br /> hereby determines that it is desirable to vacate said property.
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