HomeMy WebLinkAbout31-17 Vacation- Eddy Street Commons Alley Vacation (Eddy Street II) PETITION TO VACATE PUBLIC RIGHTS-OF-WA
Filed in Clerk's Office
(STREETS/ALLEYS)
MAY 0 3 2011
TO THE COMMON COUNCIL DATE: KAREEMAH FOWLER
Z K,SOUTH BEND, IN
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEYS DESCRIBED AS: (10' ALLEY, LYING ON EAST SIDE OF EDDY STREET):
Part of a 10-foot-wide alley lying between Lots 1 and 2 in Hartman and Millers Plat recorded in Plat Book 7, page
29 in the Office of the Recorder of St. Joseph County, Indiana, more particularly described as follows:
Beginning at the northwest corner of Lot 1 in said Hartman and Miller's Plat; thence North 00 degrees 20 minutes
45 seconds West along the east line of Eddy Street 10.00 feet to the southwest comer of Lot 2 in said Hartman and
Miller's Plat; thence North 89 degrees 44 minutes 46 seconds East along the north line of said alley 8.20 feet;
thence South 55 degrees 03 minutes 20 seconds East 17.35 feet to the south line of said alley; thence along said
south line South 89 degrees 44 minutes 46 seconds West 22.36 feet to the Point of Beginning. Containing 153
square feet, more or less.
AND (Part of Lot 2, lying on East side of Eddy Street)
Part of Lot 2 in Hartman and Miller's Plat recorded in Plat Book 7, page 29 in the Office of the Recorder of St.
Joseph County, Indiana, more particularly described as follows:
Beginning at the southwest corner of Lot 2 in said Hartman and Miller's Plat, said corner also being the southwest
corner of Parcel 84F as deeded to the State of Indiana by Warranty Deed recorded as Instrument number 1121030;
thence North 00 degrees 20 minutes 45 seconds West along the west line of Lot 2 a distance of 5.79 feet; thence
South 55 degrees 03 minutes 20 seconds East 10.04 feet to the south line of Lot 2; thence along said south line
South 89 degrees 44 minutes 46 seconds West 8.20 feet to the Point of Beginning. Containing 24 square feet,
more or less.
AND (12' Alley lying on North side of South Bend Avenue)
Part of a 12-foot-wide alley in Hartman and Miller's Plat recorded in Plat Book 7, page 29 in the Office of the
Recorder of St. Joseph County, Indiana, more particularly described as follows:
Beginning at the southeast comer of Lot 1 of said Hartman and Miller's Plat, said comer being on the northwest line
of South Bend Avenue; thence along the west line of a 12-foot-wide alley North 00 degrees 20 minutes 45 seconds
West 55.12 feet to the southeast comer of Parcel 84E as deeded to the State of Indiana by Warranty Deed recorded
I
in Instrument number 1121030; thence South 54 degrees 19 minutes 02 seconds East on the southeasterly
extension of the southwest line of said Parcel 84E a distance of 14.84 feet to the east line of said 12 foot alley;
thence along the east line of said alley South 00 degrees 20 minutes 45 seconds East 36.82 feet to the northwest
line of South Bend Avenue; thence along the northwest line of South Bend Avenue 15.35 feet to the Point of
Beginning. Containing 552 square feet, more or less.
AND (Part of Lot 48, lying on North side of South Bend Avenue)
Part of Lot 48 in Hartman and Miller's Plat recorded in Plat Book 7, page 29 in the Office of the Recorder of St.
Joseph County, Indiana, more particularly described as follows:
Beginning at the southwest corner of Lot 48 of said Hartman and Miller's Plat, said corner also being the southwest
comer of Parcel 84D as deeded to the State of Indiana by Warranty Deed recorded in Instrument number 1121030;
thence North 00 degrees 20 minutes 45 seconds West along the west line of Lot 48 a distance of 36.82 feet;
thence South 54 degrees 19 minutes 02 seconds East 29.86 feet to the northwest line of South Bend Avenue;
thence along said northwest line South 51 degrees 05 minutes 05 seconds
West 30.89 feet to the Point of Beginning. Containing 445 square feet, more or less.
B. THE STREET DESCRIBED AS: (EDDY STREET)
Part of 53 foot wide Eddy 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:
Commencing at the southeast corner of Lot 112 in Sorin's Second Addition; thence North 00 degrees 20 minutes 46
seconds West along the east line of Lot 112 a distance of 46.09 feet to the intersection of the west line of Eddy
Street and the north line of Corby Street, being the Point of Beginning; thence North 00 degrees 20 minutes 45
seconds West along the west line of Eddy Street 313.98 feet to the southeast comer of Parcel 84N as deeded to
the State of Indiana by Warranty Deed recorded as Instrument number 1121030; thence South 55 degrees 03
minutes 20 seconds East 64.93 feet to the east line of Eddy Street; thence South 00 degrees 20 minutes 45
seconds East 297.85 feet to the intersection with the southeast line of South Bend Avenue; thence North 68
degrees 22 minutes 31 secondsWest 57.15 feet to the Point of Beginning. Containing 16,214 square feet, more or
less.
AND (SOUTH BEND AVENUE)
Part of South Bend Avenue, as platted in Hartman and Miller's Plat recorded in Plat Book 7, page 29 in the Office of
the Recorder of St. Joseph County, Indiana, more particularly described as follows:
Beginning at the southwest comer of Lot 1 in said Hartman and Miller's Plat; thence North 51 degrees 05 minutes 05
seconds East along the northwest line of South Bend Avenue 197.11 feet; thence South 34 degrees 12 minutes 09
seconds East 49.67 feet to northwest comer of Parcel 82B as deeded to the State of Indiana by Warranty Deed
recorded as Instrument 1431646, being on the southeast line of South Bend Avenue; thence South 51 degrees 05
minutes 05 seconds West along said southeast line 232.50 feet to the east line of Eddy Street; thence North 00
degrees 20 minutes 45 seconds East along said east line 63.31 feet to the Point of Beginning. Containing 10,633
square feet,more or less.
NAME (signed & printed) ADDRESS LOT #
University of Notre Dame du Lac 725 Grace Hall, Notre
Dame, IN 46556
018-5098-3483
(Lot 100
Hartman & Millers Add, Except
for part sold for Street cont
0.494 ac±
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
4
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
NORTH/SOUTH ALLEY MAKING UP FORMER EDDY STREET, SOUTH OF HOWARD
STREET AND NORTH OF CORBY BLVD. INCLUDING ALL RIGHT-OF-WAY TO SOUTH
BEND AVENUE AND FORMER SOUTH BEND AVENUE
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:
(Eddy Street)
Part of 53 foot wide Eddy 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
follo WS:
Commencing at the southeast corner of Lot 112 in Sorin"s Second Addition;
thence North 00 degrees 20 minutes 46 seconds West along the east line
of Lot 112 a distance of 46.09 feet to the intersection of the west line of
Eddy Street and the north line of Corby Street, being the Point of
Beginning; thence North 00 degrees 20 minutes 45 seconds West along
the west line of Eddy Street 313.98 feet to the southeast corner of Parcel
84N as deeded to the State of Indiana by Warranty Deed recorded as
Instrument number 1121030; thence South 55 degrees 03 minutes 20
seconds East 64.93 feet to the east line of Eddy Street; thence South 00
degrees 20 minutes 45 seconds East 297.85 feet to the intersection with
1
the southeast line of South Bend Avenue; thence North 68 degrees 22
minutes 31 secondsWest 57.15 feet to the Point of Beginning. Containing
16,214 square feet, more or less.
AND (10"ALLEY, LYING ON EAST SIDE OF EDDY STREET)
Part of a 10-foot-wide alley lying between Lots 1 and 2 in Hartman and
Millers Plat recorded in Plat Book 7, page 29 in the Office of the Recorder
of St. Joseph County, Indiana, more particularly described as follows:
Beginning at the northwest corner of Lot 1 in said Hartman and Millers Plat;
thence North 00 degrees 20 minutes 45 seconds West along the east line
of Eddy Street 10.00 feet to the southwest corner of Lot 2 in said Hartman
and Millers Plat; thence North 89 degrees 44 minutes 46 seconds East
along the north line of said alley 8.20 feet; thence South 55 degrees 03
minutes 20 seconds East 17.35 feet to the south line of said alley; thence
along said south line South 89 degrees 44 minutes 46 seconds West
22.36 feet to the Point of Beginning. Containing 153 square feet, more or
less.
AND (Part of Lot 2, lying on East side of Eddy Street)
Part of Lot 2 in Hartman and Millers Plat recorded in Plat Book 7, page 29
in the Office of the Recorder of St. Joseph County, Indiana, more
particularly described as follows:
Beginning at the southwest corner of Lot 2 in said Hartman and Millers
Plat, said corner also being the southwest corner of Parcel 84F as deeded
to the State of Indiana by Warranty Deed recorded as Instrument number
1121030; thence North 00 degrees 20 minutes 45 seconds West along the
west line of Lot 2 a distance of 5.79 feet; thence South 55 degrees 03
minutes 20 seconds East 10.04 feet to the south line of Lot 2; thence
2
J
along said south line South 89 degrees 44 minutes 46 seconds West 8.20
feet to the Point of Beginning. Containing 24 square feet, more or less.
AND (SOUTH BEND A VENUE)
Part of South Bend Avenue, as platted in Hartman and Millers Plat
recorded in Plat Book 7, page 29 in the Office of the Recorder of St.
Joseph County, Indiana, more particularly described as follows:
Beginning at the southwest corner of Lot 1 in said Hartman and Millers
Plat; thence North 51 degrees 05 minutes 05 seconds East along the
northwest line of South Bend Avenue 197.11 feet; thence South 34 degrees
12 minutes 09 seconds East 49.67 feet to northwest corner of Parcel 82B
as deeded to the State of Indiana by Warranty Deed recorded as Instrument
143164 6, being on the southeast line of South Bend Avenue; thence South
51 degrees 05 minutes 05 seconds West along said southeast line 232.50
feet to the east line of Eddy Street; thence North 00 degrees 20 minutes
45 seconds East along said east line 63.31 feet to the Point of Beginning.
Containing 10,633 square feet,more or less.
AND (12'Alley lyinq on North side of South Bend Avenue)
Part of a 12-foot-wide alley in Hartman and Miller's Plat recorded in Plat
Book 7, page 29 in the Office of the Recorder of St. Joseph County,
Indiana, more particularly described as follows:
Beginning at the southeast corner of Lot 1 of said Hartman and Millers Plat,
said corner being on the northwest line of South Bend Avenue; thence
along the west line of a 12-foot-wide alley North 00 degrees 20 minutes
45 seconds West 55.12 feet to the southeast corner of Parcel 84E as
deeded to the State of Indiana by Warranty Deed recorded in Instrument
number 1121030; thence South 54 degrees 19 minutes 02 seconds East on
the southeasterly extension of the southwest line of said Parcel 84E a
distance of 14.84 feet to the east line of said 12 foot alley, thence along
the east line of said alley South 00 degrees 20 minutes 45 seconds East
3 6.82 feet to the northwest line of South Bend A venue; thence along the
northwest line of South Bend Avenue 15.35 feet to the Point of Beginning.
Containing 552 square feet, more or less.
AND (Part of Lot 48, lying on North side of South Bend Avenue)
Part of Lot 48 in Hartman and Millers Plat recorded in Plat Book 7, page
29 in the Office of the Recorder of St. Joseph County, Indiana, more
particularly described as follows:
Beginning at the southwest corner of Lot 48 of said Hartman and Millers
Plat, said corner also being the southwest corner of Parcel 84D as deeded
to the State of Indiana by Warranty Deed recorded in Instrument number
1121030; thence North 00 degrees 20 minutes 45 seconds West along the
west line of Lot 48 a distance of 36.82 feet; thence South 54 degrees 19
minutes 02 seconds East 29.86 feet to the northwest line of South Bend
Avenue, thence along said northwest line South 51 degrees 05 minutes 05
seconds
West 30.89 feet to the Point of Beginning. Containing 445 square feet,
more or less.
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 right-of-way, unless such rights are
released by the individual utilities.
4
SECTION III. The following property may be injuriously or beneficially affected by such
vacating:
018-5098-3483 018-5094-3311
018-5106-3740 018-5094-3313
018-5106-3747
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'.<.
Mayor, City of Soutl B Va a ' F
KAREEMAH FCA, LER
CITY CLERK,SOU!'H F'JN,"s.IN
Filed in Clerk's Office
MAY Q 3 2011
(Eddy Street) KAREEMAH FOWLER
Part of 53 foot wide Eddy Street,as platted in Sorin's Second Addition to IM21RK,SOUTH BENID,
3 Lowell recorded in Plat Book 1,page 10 in the Office of the Recorder of St.Joseph
Z County,Indiana,more particularly described as follows:
0
F
< Commencing at the southeast corner of Lot 112 in Sorin's Second Addition;thence North
00 degrees 20 minutes 46 seconds West along the east line of Lot 112 a distance of 46.09
W feet to the intersection of the west line of Eddy Street and the north line of Corby Street,
being the Point of Beginning;thence North 00 degrees 20 minutes 45 seconds West along
the west line of Eddy Street 313.98 feet to the southeast corner of Parcel 84N as deeded
oto the State of Indiana by Warranty Deed recorded as Instrument number 1121030;thence
South 55 degrees 03 minutes 20 seconds East 64.93 feet to the east line of Eddy Street;
thence South 00 degrees 20 minutes 45 seconds East 297.85 feet to the intersection with
the southeast line of South Bend Avenue;thence North 68 degrees 22 minutes 31 seconds
N West 57.15 feet to the Point of Beginning. Containing 16,214 square feet,more or less.
0
0
N
(10'Alley,lying on East side of Eddy Street)
Part of a 10 foot wide alley lying between Lots 1 and 2 in Hartman and Miller's Plat
Z recorded in Plat Book 7,page 29 in the Office of the Recorder of St.Joseph County,
Indiana,more particularly described as follows:
°
° Beginning at the northwest corner of Lot 1 in said Hartman and Miller's Plat;thence
North 00 degrees 20 minutes 45 seconds West along the east line of Eddy Street 10.00
feet to the southwest corner of Lot 2 in said Hartman and Miller's Plat;thence North 89
o degrees 44 minutes 46 seconds East along the north line of said alley 8.20 feet;thence
N South 55 degrees 03 minutes 20 seconds East 17.35 feet to the south line of said alley;
thence along said south line South 89 degrees 44 minutes 46 seconds West 22.36 feet to
the Point of Beginning. Containing 153 square feet,more or less.
°
o (Part of Lot 2,lying on East side of Eddy Street)
°
Part of Lot 2 in Hartman and Miller's Plat recorded in Plat Book 7,page 29 in the Office
w of the Recorder of St.Joseph County,Indiana,more particularly described as follows:
r
Beginning at the southwest corner of Lot 2 in said Hartman and Miller's Plat,said corner
o also being the southwest corner of Parcel 84F as deeded to the State of Indiana by
Warranty Deed recorded as Instrument number 1121030;thence North 00 degrees 20
Q minutes 45 seconds West along the west line of Lot 2 a distance of 5.79 feet;thence
co
South 55 degrees 03 minutes 20 seconds East 10.04 feet to the south line of Lot 2;thence
along said south line South 89 degrees 44 minutes 46 seconds West 8.20 feet to the Point
of Beginning. Containing 24 square feet,more or less.
VA CAT/ON EXHIBIT AREA 3
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7260 SHADELAND STATION DATE: 04/07/2017 SHEET NO.
STRUCTUREPOINT TEL 317NDIA55 0 FAX 34.543 0270 DRAWN BY: EE 1 of
0 1 N C. www.structurepoint.com 3
JOB NO. 2016.02695
(South Bend Avenue)
Part of South Bend Avenue,as platted in Hartman and Miller's Plat recorded in Plat Book
7,page 29 in the Office of the Recorder of St.Joseph County,Indiana,more particularly
3 described as follows:
0
z
0
Beginning at the southwest corner of Lot 1 in said Hartman and Miller's Plat;thence
> North 51 degrees 05 minutes 05 seconds East along the northwest line of South Bend
W Avenue 197.11 feet;thence South 34 degrees 12 minutes 09 seconds East 49.67 feet to
� northwest corner of Parcel 82B as deeded to the State of Indiana by Warranty Deed
orecorded as Instrument 1431646,being on the southeast line of South Bend Avenue;
thence South 51 degrees 05 minutes 05 seconds West along said southeast line 232.50
rl feet to the east line of Eddy Street;thence North 00 degrees 20 minutes 45 seconds East
o along said east line 63.31 feet to the Point of Beginning. Containing 10,633 square feet,
more or less.
N
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ID (12'Alley lying on North side of South Bend Avenue)
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N
Part of a 12 foot wide alley in Hartman and Miller's Plat recorded in Plat Book 7,page 29
in the Office of the Recorder of St.Joseph County,Indiana,more particularly described
as follows:
Z
oBeginning at the southeast corner of Lot 1 of said Hartman and Miller's Plat,said corner
o being on the northwest line of South Bend Avenue;thence along the west line of a 12 foot
wide alley North 00 degrees 20 minutes 45 seconds West 55.12 feet to the southeast
corner of Parcel 84E as deeded to the State of Indiana by Warranty Deed recorded in
Instrument number 1121030;thence South 54 degrees 19 minutes 02 seconds East on the
° southeasterly extension of the southwest line of said Parcel 84E a distance of 14.84 feet to
the east line of said 12 foot alley;thence along the east line of said alley South 00 degrees
20 minutes 45 seconds East 36.82 feet to the northwest line of South Bend Avenue;
thence along the northwest line of South Bend Avenue 15.35 feet to the Point of
Beginning. Containing 552 square feet,more or less.
0
Q (Part of Lot 48,lying on North side of South Bend Avenue)
uj
} Part of Lot 48 in Hartman and Miller's Plat recorded in Plat Book 7,page 29 in the Office
M of the Recorder of St.Joseph County,Indiana,more particularly described as follows:
° Beginning at the southwest corner of Lot 48 of said Hartman and Miller's Plat,said corner
also being the southwest corner of Parcel 84D as deeded to the State of Indiana by
N Warranty Deed recorded in Instrument number 1121030;thence North 00 degrees 20
minutes 45 seconds West along the west line of Lot 48 a distance of 36.82 feet;thence
South 54 degrees 19 minutes 02 seconds East 29.86 feet to the northwest line of South
Bend Avenue;thence along said northwest line South 51 degrees 05 minutes 05 seconds
West 30.89 feet to the Point of Beginning. Containing 445 square feet,more or less.
W
VA CA T/OH EXHIBIT AREA 3
Li 7260 SHADELAND STATION DATE: 04/07/2017 SHEET N0.
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JOB NO. 2016.02695
Filed in Clerk's Office
PARCEL 154N 4111 STATE OF IN ^ —INST #1121030 \ a F N89 47 TE - 117.96( 118'((P)
S3 N I I PARCEL 84G 2 I STATE OF IN � LO EEiviA� i"Q L R
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VA CA T/ON EXHIBIT AREA 3
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JOB NO. 2016.02695
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CITY OF SOUTH BEND 227 W.JEFFERSON BOULEVARD PHONE 574/235-9251
DEPARTMENT OF PUBLIC WORKS SUITE 1316 COUNTY-CITY BUILDING FAx 574/235-9171
SOUTH BEND,INDIANA 46601 TDD 574/235-5567
Street/Alley Vacation Form
.Off%V TN QE:Io\
*THIS FORM MUST BE REVIEWED BY THE CITY ENGINEERING DEPARTMENT PRIOR TO GRANTING A RADIUS MAP*
Submission Date: 01104120l y-7
Applicant Name: Tony Halsey Phone#: 317-713-5653
Kite Realty Group
30 South Meridian Street Email:thalsey @kiterealty.com
Indianapolis,IN 46204
Property Address: Various—West corner of Howard Street and South Bend Ave,south of Howard,NW of South Bend Ave
Applicant property information: ❑ Residential ® Commercial ❑ Industrial
North/South alley making up former Eddy Street south of Howard
Street and north of Corby Blvd including all right of way to the South
Bend Avenue right of way. Also including former South Bend
Describe the general alley location with boundaries(ex. Avenue right of way
Church PI,between E.Colfax Ave&E.LaSalle Ave):
See(3)on attached Right of Way Vacation exhibit
Is your property adjacent to the alley of interest? ® Yes ❑ No
Do you own all adjacent properties to the alley of interest? ® Yes ❑ No
If no,use the attached table to provide the following information for all affected property owners:
Reason for street/alley vacation and proposed use: Redevelopment for retail use.
Does the existing alley provide garage access to other property owners? ❑ Yes ® No
Does the alley receive daily traffic excluding your own use? ❑ Yes ® No
Would the vacation hinder public access to any of the following:a church,school,or any ❑ Yes ® No
other public building or place?
OFFICE USE ONLY:
Board Recommendation for the proposed alley vacation: M1 Ygs No
Board of Public Works Authorized Signatures:
6
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