HomeMy WebLinkAboutConfirming, ratifying and approving the Board of Public Works the Right of Entry to the enclosed described real estate RESOLUTION
NUMBER 13,
Passed by the Common Council of the City of South Bend, Indiana,
SEPTEMBER 24, 19 62
Attest: Clerk
Attest: President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
SEPTEMBER 25, 19 62
Q� City Clerk
Approved and signed by me SEPTEMBER 25, 1962
Mayor
RESOLUTION
WHEREAS, under Ordinance No. 4486-62, the Council of the City of
South Bend, on the Z day of 1962, confirmed the action of
the Board of Public Works and Safety in the granting to the State of Indiana,
certain real estate to be used by the State of Indiana in the construction work
to be done on State Road #23, and
WHEREAS, the City of South Bend, through its public officers, have not
executed a deed to the State of Indiana for said real estate as set out in said
Ordinance, and
WHEREAS, the City of South Bend contemplates withholding the conveyance
of said real estate at this time and is desirous solely of granting to the State of
Indiana, the right of entry to the real estate described in said Ordinance, and
WHEREAS, it is contemplated at this time that there is a need to effect
a right of entry to said real estate, and
WHEREAS, the Board of Public Works and Safety, have on this 24th day
of September, 1962, entered into a Right of Entry Agreement with the State
Highway Department of the State of Indiana, granting the right to enter said
premises, and said premises being described as follows, to-wit:
Commencing at the Southeast corner of Section 12, Township 37
North, Range 2 East, Portage Township, St. Joseph County, Indiana;
thence North 878. 04 feet along the East side of said Section to a point
(said point being the Southeast corner of Lot No. 20 in August Beyers
First Addition to the City of South Bend); thence North 172. 4 feet; thence
West 326. 8 feet to the point of Beginning of Parcel No. 108 Limited
Access Right of Way.
Thence North 28 degrees 02 minutes East, 38. 4 feet; thence North 33
degrees 03 minutes West, 254. 2 feet; thence North 12 degrees 37
minutes West, 76. 1 feet; thence Northwesterly 79. 1 feet along an arc
to the right and having a radius of 235. 3 feet and subtended by a long
chord having a bearing of North 03 degrees 55 minutes West, and a
length of 78. 7 feet; thence North 07 degrees 37 minutes East, 87. 5
feet; thence Northeasterly 166. 9 feet along an are to the right and
having a radius of 248. 3 feet and subtended by a long chord having a
bearing of North 45 degrees 35 minutes East, and a length of 163. 8
feet to the Westerly boundary of North Side Boulevard; hence along
said Boundary by the following courses: Thence South 31 degrees 14
minutes East, 153. 0 feet; thence South 16 degrees 30 minutes East,
196. 2 feet; thence South 01 degrees 24 minutes East, 280. 6 feet to the
South property line of Grantor's lands; thence South 89 degrees 17 minutes
West, 127. 9 feet along said property line to the point of beginning and
containing 2. 502 acres, more or less.
ALSO: The limited access provisions do not apply to the following
described right of way not hereinbefore described as limited access right
of way.
Commencing at the Southeast corner of Section 12, Township 37 North,
Range 2 East, Portage Township, St. Joseph County, Indiana; thence
North 878. 04 feet along the East side of said section to a point (said
point being the Southeast corner of Lot No. 20 in August Beyers First
Addition to the City of South Bend) thence North 172. 4 feet; thence West
326. 8 feet to the point of beginning of Parcel No. 108 Permanent Right
of Way.
Thence South 89 degrees 17 minutes West, 133. 7 feet along the South
property line of Grantor's lands to the Eastern Boundary of St. Joseph
River; hence along said Boundary as follows: Thence North 11 degrees
40 minutes West, 70. 0 feet; thence North 18 degrees 11 minutes West,
98. 9 feet; thence North 24 degrees 44 minutes West, 204. 9 feet; thence
leaving said boundary by the following courses; thence North 63 degrees
55 minutes East, 31. 4 feet; thence Northeasterly 129. 8 feet along an arc
to the right and having a radius of 330. 4 feet and subtended by a long chord
having a bearing of North 03 degrees 08 minutes East, and a length of
129. 0 feet; thence North 14 degrees 24 minutes East, 166. 0 feet; thence
Northwesterly 195. 0 feet along an arc to the left and having a radius of
190. 4 feet and subtended by a long chord having a bearing of North 14
degrees 56 minutes West, and a length of 186. 6 feet; thence North 29
degrees 44 minutes West, 98. 7 feet to the Western boundary of North
Side Boulevard; hence along said boundary as follows: thence South 50
degrees 33 minutes East, 76. 2 feet; thence South 38 degrees 50 minutes
East, 266. 3 feet; thence South 37 degrees 16 minutes East, 74. 5 feet;
hence leaving said boundary by the following courses: Thence Southwesterly
166. 9 feet along an arc to the left and having a radius of 248. 3 feet and
subtended by a long chord having a bearing of South 45 degrees 35 minutes
West, and a length of 163. 8 feet; thence South 07 degrees 37 minutes West,
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87. 5 feet; thence Southeasterly 79. 1 feet along an arc to the left and
having a radius of 235. 3 feet and subtended by a long chord having a
bearing of South 03 degrees 55 minutes East, and a length of 78. 7 feet;
thence South 12 degrees 37 minutes East, 76. 1 feet; thence South 33
degrees 03 minutes East, 254. 2 feet; thence South 28 degrees 02
minutes West, 38. 4 feet to the point of beginning and containing 2. 155
acres, more or less,
NOW, THEREFORE, BE IT RESOLVED, that this Council hereby
confirms, ratifies and approves the action of the Board of Public Works
in granting to the State of Indiana, the Right of Entry to the below
described real estate, to�-wit:
Commencing at the Southeast corner of Section 12, Township 37 North,
Range 2 East, Portage Township, St. Joseph County, Indiana; thence
North 878. 04 feet along the East side of said Section to a point (said
point being the Southeast corner of Lot No. 20 in August Beyers First
Addition to the City of South Bend); thence North 172. 4 feet; thence
West 326. 8 feet to the point of beginning of Parcel No. 108 Limited
Access Right of Way.
Thence North 28 degrees 02 minutes East, 38. 4 feet; thence North 33
degrees 03 minutes West, 254. 2 feet; thence North 12 degrees 37 Minutes
West, 76. 1 feet; thence Northwesterly 79. 1 feet along an arc to the right
and having a radius of 235. 3 feet and subtended by a long chord having a
bearing of North 03 degrees 55 minutes West, and a length of 78. 7 feet;
thence North 07 degrees 37 minutes East, 87. 5 feet; thence Northeasterly
166. 9 feet along an arc to the right and having a radius of 248. 3 feet and
subtended by a long chord having a bearing of North 45 degrees 35 minutes
East, and a length of 163. 8 feet to the Westerly boundary of North Side
Boulevard; hence along said boundary by the following courses: Thence
South 31 degrees 14 minutes East, 153. 0 feet; thence South 16 degrees
30 minutes East, 196. 2 feet; thence South 01 degrees 24 minutes East
280. 6 feet to the South property line of Grantor's lands; thence South 89
degrees 17 minutes West, 127. 9 feet along said property line to the point
of beginning and containing 2. 502 acres, more or less.
ALSO: The Limited Access Provisions do not apply to the following de-
scribed right of way not hereinbefore described as Limited Access Right
of Way.
Commencing at the Southeast corner of Section 12, Township 37 North,
Range 2 East, Portage Township, St. Joseph County, Indiana; thence North
878. 04 feet along the East side of said Section to a point (said point being
the Southeast corner of Lot No. 20 in August Beyers First Addition to the
City of South Bend); thence North 172. 4 feet; thence West 326. 8 feet to the
point of beginning of Parcel No. 108 Permanent Right of Way.
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Thence South 89 degrees 17 minutes West, 133. 7 feet along the
South property line of Grantor's Lands to the Eastern boundary of St.
Joseph River; thence along said boundary as follows: Thence North
11 degrees 40 minutes West, 70. 0 feet; thence North 18 degrees 11
minutes West, 98. 9 feet; thence North 24 degrees 44 minutes West,
204. 9 feet; thence leaving said boundary by the following courses: Thence
North 63 degrees 55 minutes East, 31. 4 feet; thence Northeasterly
129. 8 feet along an arc to the right and having a radius of 330. 4 feet
and subtended by a long chord having a bearing of North 03 degrees
08 minutes East, and a length of 129. 0 feet; thence North 14 degrees
24 minutes East, 166. 0 feet; thence Northwesterly 195. 0 feet along an
arc to the left and having a radius of 190. 4 feet and subtended by a long
chord having a bearing of North 14 degrees 56 minutes West, and a
length of 186. 6 feet; thence North 29 degrees 44 minutes West, 98. 7
feet to the Western boundary of North Side Boulevard; hence along said
Boundary as follows: Thence South 50 degrees 33 minutes East, 76. 2
feet; thence South 38 degrees 50 minutes East, 266. 3 feet; thence South
37 degrees 16 minutes East, 74. 5 feet; hence leaving said Boundary by
the following courses: Thence Southwesterly 166. 9 feet along an arc to
the left and having a radius of 248. 3 feet and subtended by a long chord
having a bearing of South 45 degrees 35 minutes West, and a length of
163. 8 feet; thence South 07 degrees 37 minutes West, 87. 5 feet; thence
Southeasterly 79. 1 feet along an arc to the left and having a radius of
235. 3 feet and subtended by a long chord having a bearing of South 03
degrees 55 minutes East, and a length of 78. 7 feet; thence South 12
degrees 37 minutes East, 76. 1 feet; thence South 33 degrees 03 minutes
East, 254. 2 feet; thence South 28 degrees 02 minutes West, 38. 4 feet
to the point of beginning and containing 2. 155 acres, more or less,
BE IT FURTHER RESOLVED, that the Mayor of the City of South Bend,
on the adoption of this Resolution, execute this Right of Entry on behalf
of the City of South Bend, Indiana, and that the action heretofore taken
in granting fee interest in said right of entry shall be reserved by the
Mayor until such time as shall be necessary that said fee interest be
granted.
Member of the Common ounc'
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