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Home My WebLink About10582-18 Vacation- 565' south on S. St. Joseph Street from the East Ireland Road south right of way (Menards, Inc.) United States of America - FILED - CRo APR 0 2 2018 AOR 0 j 2016 St JOSaph Gounty Msr,,.W ,AUDITOR I" JOSEPH COUNTY, �} • Certificate STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: I, Kareemah Fowler, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby certify that the attached and foregoing is a full,true, and correct copy of ORDINANCE 10582-18 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY,RUNNING SOUTH APPROXIMATELY 75',THEN WEST APPROXIMATELY 889, THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FEBRUARY 26,2018. PRESENTED TO, APPROVED AND SIGNED BY MAYOR PETE BUTTIGIEG, FEBRUARY 28, 2018. ATTEST: TIM SCOTT, PRESIDENT OF THE COMMON COUNCIL ATTEST: KAREEMAH N. FOWLER, CITY CLERK the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph County, Indiana. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of South Bend, St. Joseph County, Indiana, this day of 20-/ Kareemah Fowler Clerk of the City of South Bend St. Joseph County, Indiana By: M7:;��Ja4� Deputy hewn ORDINANCE N 10582-18 Passed by the Common Council of the City of South Bend, Indiana February 26, 20 18 Attest: City Clerk Kar emah N. Fowler Attest: President of Comnwn Council Presented by me to the Mayor of the City of South Bend, Indiana February 26, 18 0 z", City Clerk K r enzuh. N. Fowle Approved and signed by me 20 Mayor �L� BILL NO. 07-18 ORDINANCE NO. 10582-18 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75', THEN WEST APPROXIMATELY 88', THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY 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: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST.JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75',THEN WEST APPROXIMATELY 88',THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY Now 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: 023-1035-1766 (Menard, Inc.) 023-1035-1771 (Menard, Inc.) SECTION IV. The purpose of the vacation of the real property is to allow Menard, Inc. to redevelop the former K-Mart property, realign St. Joseph Street at the Callendar Street intersection, and widen the Menard, Inc. property south of the right of way vacation sufficient to allow the construction of a Menards home improvement and building materials supply store. 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. Tim Scott, ounci South Bend Common Council Attest. Kareemahk4. Fowler, City Clerk Office of the City Clerk Presented by me, the dersigned Clerk of the City of South Bend, to the Mayor of the City of South JW Bend, Indiana on the J(,:j ay of EiC, , 2018, at o'clock_Om. eemah N. Fowler, City erk rO�ffice of the City Clerk Approved and signed by me on the a day of , 2018, at o'clock .m. Pete Butti ' , Mayor City of 966uth Bend, Indiana P; HEARING 3 rd READING I NOT APPROVED kEFERRED Exhibit "A" Project: Menard Inc., a Wisconsin corporation Sheet 1 of 1 St. Joseph Street Vacation Description A part of the Southwest Quarter of Section 25,Township 37 North Range 2 East,Centre Township, St.Joseph County,Indiana,and being more particularly described as follows: Commencing at the northwest corner of the Southwest Quarter of said Section; thence North 88 degrees 45 minutes 31 seconds East 1,424.08 feet along the north line of said Southwest Quarter to the northerly prolongation of the west boundary line of St. Joseph Street; thence South 0 degrees 30 minutes 55 seconds West 564.02 feet along said west line to the point of beginning of this description;thence South 63 degrees 44 minutes 10 seconds East 39.51 feet;thence easterly 55.25 feet along an arc to the left having a radius of 150.00 feet and subtended by a long chord having a bearing of South 74 degrees 17 minutes 15 seconds East and a length of 54.93 feet to the east boundary of St. Joseph Street;thence South 0 degrees 30 minutes 55 seconds West 72.35 feet along said east line to the southeast corner of St. Joseph Street; thence South 88 degrees 43 minutes 44 seconds West 88.64 feet along the south line of St.Joseph Street to the southwest corner of said Street;thence North 0 degrees 30 minutes 55 seconds East 106.68 feet along the west line of said Street to the point of beginning and containing 0.18 acres,more or less. Bearing basis for this legal description is based upon the Indiana State Plane Coordinate System, East Zone, GPS derived. Prepared for: Menard Inc., a Wisconsin corporation By: Jeffrey S. Bames, PS Firm: Jones Petrie Rafinski Date: March 3,2018 Job Number: 2016-0002 C:\Users\btirado\AppData\Local\Microso8\Windows\Temporary Internet Files\Content.Outlook\NBHRCOXN\2018-03-08 St Joseph Street Vacation Description.doc • - ----_------ LA 0 Filed in Clerk's Office January 30, 2018 FEB 0 5 2018 KAREEMAH FOWLER VIA U.S. MAIL CITY CLERK,SOUTH BE IN City of South Bend Office of the City Clerk Clerk Kareemah Fowler Room 455, County-City Building South Bend, IN 46601 Re: Menard, Inc. Petition to Vacate Public Rights-of-Way South Bend, Indiana Clerk Kareemah Fowler- Menard, Inc. is relocating from its existing store to a brand new location to be built upon the site of the long-vacant former K-Mart located at 4640 South Michigan Street. lid Key to that effort is the vacation of the southern portion of the St. Joseph Street right-of- way adjacent to the parcels Menard, Inc. owns. To that end, I am enclosing the following: 1. Petition to Vacate Public Rights-ofWay 2. Proposed Ordinance 3. Envelopes addressed and stamped with certified mail for all property owners within 150' feet of the right-of-way to be vacated. Also enclosed are copies of the Ship Request Forms for the City's tracking purposes. 4. Check in the amount of$150.00. 5. A copy of the radius map. 6. This letter explaining the request. Menard, Inc. owns property on both sides of the proposed vacation. The vacation is necessary to obtain additional north to south distance for our site planning needs. The request also moves the southern limits of the City right-of-way back to the realigned intersection with Callendar Street, a more logical termination point for St. Joseph Street. I look forward to discussing the request with the City Council. I would appreciate confirmation of the meeting dates and times. I may be reached at 715.876.2810. T tuly ours t tv �Z Thomas W. O'Neil Real Estate Acquisitions Menard, Inc. 5101 MENARD DRIVE EAU CLAIRE, WI 54703-9625 PHONE (715) 876-5911 FAX (715) 876-2868 °0 A r s G 3-1035-1729 023-1035-1730 023-1035 1.7901 023-1035-1.735 023-1035-1.762 02310351763 f 68 C23- 035-1.766 ` . � 023-1035-1.7350 y. 02 023- . _ . 023-1035-17�i-1 Fill9d in Clerk's Office 023-10 FF-EB 0 5 2018 KAREEMAH F u�%LffR =1035 CLERK, Ul-H SEND,!N ,YL1�,, City of South Bend Dept. of Public Works Alley Vacation 150' Radius 227 W Jefferson Blvd. #1316 South Bend, IN 46601 Menards, Inc., 4640 S. Michigan Phone: (574) 235-9251 Right of way to be vacated begins at a point approx. 565' south on South 0 150' Buffer St.Joseph Street from the E. Ireland S. ROW, running south approx. 75', *Address List attached then west approx. 88', then north approx. 109' to a point approx. 530' Date Prepared: 1/26/2018 DCH south along South St.Joseph Street from the E. Ireland S. ROW.