HomeMy WebLinkAbout29-17 Vacation- Eddy Street Commons Alley Vacation (Howard Street) PETITION TO VACATE PUBLIC RIGHTS-OF-WAY Filed in Clerk's Office
(STREETS/ALLEYS) MAY 0 3 2017
KAREEMAH FOWLER
TO THE COMMON COUNCIL DATE: CLERK,SOUTH Ki,!D, IN� Z �-----
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEYS DESCRIBED AS: N/A
B. THE STREET DESCRIBED AS: (HOWARD STREET)
Part of Howard Street, as platted in Sodn's Second Addition to the Town of Lowell recorded in Plat Book 1, page 10
in the Office of the Recorder of St. Joseph County, Indiana, more particularly described as follows:
Beginning at the southwest comer of Lot 100 in said Sorin's Second Addition; thence along the south line of Lot 100
North 89 degrees 38 minutes 13 seconds East 152.96 feet to the southwest comer of Parcel 84M as deeded to the
State of Indiana by Warranty Deed recorded as Instrument number 1121030; thence South 21 degrees 21 minutes
00 seconds West 33.11 feet to a point on a curve, said curve having a radius of 441.83 feet and concave to the
southwest; thence northwesterly along the curve to the left an arc distance of 144.68 feet, said curve being
subtended by a chord bearing North 78 degrees 01 minutes 50 seconds West 144.03 feet, to the Point of
Beginning. Containing 1,785 square feet, more or less.
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NAME (signed & printed) ADDRESS LOT #
University of Notre Dame du Lac 725 Grace Hall, Notre
Dame, IN 46556
018-5105-3701
Office of Asset Management
Lot
100 Sorins 225 Add, Except for
18' North Side and Except for
part sold for Street cont,
Split #5545 08-17-11 12/13)
Shannon B. Cullinan,
Vice President for Finance
CONTACT PERSON (S)
NAME: Tony Halsey, Kite Realty Group
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS: 30 South Meridian Street
KAREEMAH FOWLER, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING Indianapolis, IN 46204
SOUTH BEND, IN 46601
574-235-9221 PHONE: (317) 713-5653
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
NORTHWEST CORNER OF HOWARD STREET AND EDDY STREET INCLUDING EXCESS RIGHT-
OF-WAY FROM FORMER HOWARD STREET ALIGNMENT
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 I. The Common Council of the City of South Bend having held a Public Hearing on the
petition to vacate the following property:
Part of Howard Street, as platted in Sorin's Second Addition to the Town of Lowell
recorded in Plat Book 1, page 10 in the Office of the Recorder of St. Joseph County,
Indiana, more particularly described as follows:
Beginning at the southwest corner of Lot 100 in said Sorin"s Second Addition; thence
along the south line of Lot 100 North 89 degrees 38 minutes 13 seconds East 152.96
feet to the southwest corner of Parcel 84M as deeded to the State of Indiana by
Warranty Deed recorded as Instrument number 1121030; thence South 21 degrees 21
minutes 00 seconds West 33.11 feet to a point on a curve, said curve having a radius of
441.83 feet and concave to the southwest; thence northwesterly along the curve to the
left an arc distance of 144.68 feet, said curve being subtended by a chord bearing North
78 degrees 01 minutes 50 seconds West 144.03 feet, to the Point of Beginning.
Containing 1,785 square feet, more or less.
hereby determines that it is desirable to vacate said property.
1
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:
018-5105-3701
Section IV. The purpose of the vacation of the real property is to allow for construction of Eddy
Street Commons, Phase II, a mixed-use retail and residential development.
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
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock M.
City Clerk
Approved and signed by me on the day of 2 , at
o'clock M.
Filed in Clerk's Office
Mayor, City of South Bend IrtdAjnao4 207
KAREEMAH FOWLER 2
CITY CLERK,SOUTH BEND,IN
Filed in Clerk's Office
MAY 03 2017
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Vacation Areas CITY CLERK,SOUTI REND, IN
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C14 All of the 14 foot wide East/West alley lying between Lots 97 and 98 in Sorin's
N Second Addition to the Town of Lowell recorded in Plat Book 1,page 10 in the Office
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of the Recorder of St.Joseph County, Indiana,said alley is bordered on the East by
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Eddy Street and on the West by the first alley West of Eddy Street. Containing 2,310
N square feet,more or less.
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Part of Howard Street,as platted in Sorin's Second Addition to the Town of Lowell
recorded in Plat Book 1,page 10 in the Office of the Recorder of St.Joseph County,
o Indiana,more particularly described as follows:
° Beginning at the southwest corner of Lot 100 in said Sorin's Second Addition;thence
along the south line of Lot 100 North 89 degrees 38 minutes 13 seconds East 152.96
feet to the southwest corner of Parcel 84M as deeded to the State of Indiana by
Warranty Deed recorded as Instrument number 1121030;thence South 21 degrees 21
zminutes 00 seconds West 33.11 feet to a point on a curve,said curve having a radius
0 of 441.83 feet and concave to the southwest;thence northwesterly along the curve to
the left an arc distance of 144.68 feet,said curve being subtended by a chord bearing
Q North 78 degrees 01 minutes 50 seconds West 144.03 feet,to the Point of Beginning.
W Containing 1,785 square feet,more or less.
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