HomeMy WebLinkAbout10521-17 Vacation- Northwest Corner of Howard Street and Eddy Street including excess right-of-way from former Howard Street Alignment ORDINANCE No . 10521-17
Passed by the Common Council of the City of South Bend, Indiana
May 22, 20 17
Attest: City Clerk
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 23, 20 17
City Clerk
Approved and signed by me 20
,�- ;1la1or
ORDINANCE NO. 1062-1— 11
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.
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SECTION ll. 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 A M.
City Clerk
Approved and signed by me on the day of 2 at
•a D o'clock �_. M.
Filed in Clerk's Office
1st READING 6—VIq Mayor, y of South Bend Ir1di 04 2U17
PUBLIC HEARING -1 M
3rd READING 5/Z2_/Irl 2
NOT APPROVED KAREEMAH FOWLER
REFERRED 675/)q CITY CLERK,SOUTH BEND,IN
PASSED 5f,111)IQ
Filed in Clerk's Office
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KAREEMAIA FOWLER
> CITY CLERK,SOUTH REND, IN
W Vacation Areas
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(14'Alley)
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N All of the 14 foot wide East/West alley lying between Lots 97 and 98 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,said alley is bordered on the East by
o 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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(Howard Street)
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
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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