HomeMy WebLinkAbout10519-17 Vacation- Eastern 170+ feet of East/West alley west of Eddy Street between St. Vincent Street and Howard Street ORDINANCE No . 10519-17
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
MaV 23, 20 17
City Clerk
Approved and signed by met" ? 20 "1
Mayor
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ORDINANCE NO. 1050 11
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
EASTERN 170+ FEET OF EAST/WEST ALLEY WEST OF EDDY STREET BETWEEN ST. VINCENT
STREET AND HOWARD STREET
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:
All of the 14 foot wide East/West alley lying between Lots 97 and 98 in Sorin'5 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 Eddy
Street and on the West by the first alley West of Eddy Street. Containing 2,310 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.
SECTION III. The following property may be injuriously or beneficially affected by such vacating:
018-5105-3698
018-5105-3699
1
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 00 , at 01, 30 o'clock \,A'. m.
City Clerk
Approved and signed by me on the t�1�Qom' day of c 2 r�1, at
o'clock M.
Mayo y of South Bend, Indiana
_ Filed in Clerk's Office
1st READING �� �I J
PUBLIC HEARING 15j2-2—j jr1 MAY 04 2017
3 rd READING �/22% J
NOT APPROVE rl
REFERRED KAREEMAH FOWLER
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PASSED !�q 2z/ CITY CLERK,SOUTH BEND,IN
Filed in Clerk's Office
F MAY 0 3 2017
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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
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of the Recorder of St.Joseph County,Indiana,said alley is bordered on the East by
Eddy Street and on the West by the first alley West of Eddy Street. Containing 2,310
s square feet,more or less.
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a (Howard Street)
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o 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
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.
w Containing 1,785 square feet,more or less.
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