HomeMy WebLinkAbout10520-17 Vacation- North/South alley making up former Eddy Street, south of Howard Street and North of Corby Boulevard including all right-of-way to South Bend Avenue and forme South Bend Avenue ORDINANCE No . 10520-17
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
Mayor
ORDINANCE NO. IySZO — I'7
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 Sonn'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, 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 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
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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
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 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 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
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.
AND (12'Alley lying on North side of South Bend Avenue)
Part of a 12-foot-wide alley in Hartman and Millers Plat recorded in Plat
Book 7, page 29 in the Office of the Recorder of St. Joseph County,
I
Indiana, more particularly described as follows:
Beginning at the southeast corner of Lot 1 of said Hartman and Miller's 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
3
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 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.
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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
a.A'-rk day of 2 Q I-1 , at o'clock m.
ity Clerk
Approved and signed by me on the day of `1_4a 2 J( at
o'clock M.
ed in Clerk'!;
1 st READING 5�a�� Mayor, Ity o Sout Bd, lniara l s
PUBLIC HEARING 6-12allel r U LU
3 rd READING 5727-1101 -
NOT APPROVED KAREEMAH F`''V EF`
REFERRED 510/1'1 CITY CLERK,S0IJTHw3-_,N1`. .IN
PASSED 612.211-1
Filed in Clerk's Office
MAY 0 3 2017
(Eddy Street) KAREENIAH FOWLER
Part of 53 foot wide Eddy Street,as platted in Sorin's Second Addition tot PrFEK SOUTH BEND,IN
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:
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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
othe 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
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
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N
(10'Alley,lying on East side of Eddy Street)
N 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:
0
° 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
degrees 44 minutes 46 seconds East along the north line of said alley 8.20 feet;thence
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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.
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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:
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m Beginning at the southwest corner of Lot 2 in said Hartman and Miller's Plat,said corner
s also being the southwest corner of Parcel 84F as deeded to the State of Indiana by
W Warranty Deed recorded as Instrument number 1121030;thence North 00 degrees 20
a minutes 45 seconds West along the west line of Lot 2 a distance of 5.79 feet;thence
Lo 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.
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VA CAT/ON EXHIBIT AREA 3
7260 SHADELAND STATION DATE: 04/07/2017 SHEET N0.
j AMERICAN
STRUCTUREPOINT TEL 31 NDIA55 0 FAX 37..543 0270 DRAWN BY: EE 1 of
o 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
odescribed as follows:
z
QBeginning 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
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
N along said east line 63.31 feet to the Point of Beginning. Containing 10,633 square feet,
> more or less.
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o (12'Alley lying on North side of South Bend Avenue)
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> Part of a 12 foot wide alley in Hartman and Miller's Plat recorded in Plat Book 7,page 29
cn in the Office of the Recorder of St.Joseph County,Indiana,more particularly described
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as follows:
Beginning 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
Ln
wide alley North 00 degrees 20 minutes 45 seconds West 55.12 feet to the southeast
o 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
N 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
w 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
zBeginning. Containing 552 square feet,more or less.
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Q (Part of Lot 48,lying on North side of South Bend Avenue)
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w 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:
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° Beginning at the southwest corner of Lot 48 of said Hartman and Miller's Plat,said comer
a 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.
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VA CAT/ON EXHIBIT AREA 3
Li AMERICAN
7260 SHADELAND STATION DATE: 04/07/2017 SHEET N0.
STRUCTUREPOINT TEL 31 INDIANAPOLIS,
0 FAX 34.543 0270 DRAWN BY: EE 2 of
0 1 N C. www.structurepoint.com 3
JOB NO. 2016.026951 1
Filed in Clerk's Office
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