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Home My WebLink About10008-10 Vacation - Portion of Laurel Street from Vacated Perkins StreetORDINANCE No. ,oooa,o Passed by the Common Council of the City of South Bend, Indiana April 12, 2010 Attest: Attest: City Clerk President of Common Council Presented by'me to the Mayor of the City of South Bend, Indiana April 13, 20 10 JOHN City Clerk Approved and signed by me Ap r i 1 13 , 20 10 `~s Maynr ORDINANCE NO. ~ ~~S~~b AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF LAUREL STREET FROM THE VACATED PERKINS STREET TO THE END OF THE LAUREL STREET CUL-DE-SAC STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charges 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: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the intersection of the south right-of-way line of Western Avenue and the East right-of-way line Laurel Street; thence South 00°10'06" East along said east right-of-way line of Laurel Street, a distance of 474.91 feet to the point of beginning of this description; thence continuing South 00°10'06" East along said line, a distance of 13.25 feet to a point of curvature to the left having a radius of 20.00 feet, a central of 85°32'19" and limited in length by a chord which bears South 42°56'15" East, a distance of 27.16 feet; thence along a curve to the right having a radius of 57.00 feet, a central angle of 189°46'03" and limited in length by a chord which bears South 09°10'36" West, a distance of 113.59 feet to a point on the north right-of- way line of the Penn Central Railroad; thence North 73°47'51" West along said line, a distance of 20.85 feet to said line's intersection with the centerline of Laurel Street; thence North 00°10'06" West along said centerline, a distance of 139.39 feet; thence North 89°49'54" East, a distance of 20.00 feet to the point of beginning. Commonly know as the south 147'± and the cul-de-sac portion of Laurel Street all lying north and adjacent to the Penn Central Railroad 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: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the intersection of the south right-of-way line of Western Avenue and the East right-of-way line Laurel Street; thence South 00°10'06" East along said east right-of-way line of Laurel Street, a distance of 474.91 feet to the point of beginning of this description; thence continuing South 00°10'06" East along said line, a distance of 13.25 feet to a point of curvature to the left having a radius of 20.00 feet, a central of 85°32'19" and limited in length by a chord which bears South 42°56'15" East, a distance of 27.16 feet; thence along a curve to the right having a radius of 57.00 feet, a central angle of 189°46'03" and limited in length by a chord which bears South 09°10'36" West, a distance of 113.59 feet to a point on the north right-of- way line of the Penn Central Railroad; thence North 73°47'51" West along said line, a distance of 20.85 feet to said line's intersection with the centerline of Laurel Street; thence North 00°10'06" West along said centerline, a distance of 139.39 feet; thence North 89°49'54" East, a distance of 20.00 feet to the point of beginning. SECTION IV. The purpose of the vacation additional space for the proposed Salvation Army2 SECTION V. This ordinance shall be i 'I fo its passage by the Common Council and ap v I b~ I property is to allow d effect from and after t of the Common Council Attest: Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2010, at l 0 ~ ~{~ o'clock. m. Approved and signed by me on the 2010, at (' •' o o'clock~.m. !st rr~Dtr~t; 3=iti~~~ Puz! is t,~~,riNG ~_ I Z-V~ 3 rd F'.EF,DffVG ~~(,~.~~ tvOT r1PPROVED P,fFERRED ! .~ City CI 1 ~~ ~~ day of , Mayor, ity of S th Bend, Indiana Fite In Ca°~°'~'~_ ~=~c~~e ..__._-- ~~,,, ~,l~AR ~ 7 c„~~.~ JGutt V(i~ a~ ECG -nl. CITY CLE.~if•., •~..• TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 17-10 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF LAUREL STREET FROM THE VACATED PERKINS STREET TO THE END OF THE LAUREL STREET CUL-DE-SAC Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation with the following recommendation: that the vacation be subject to an easement agreement as represented by the petitioner. Ann Puzzello Chairperson, Committee of the Whole PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEY) TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I, THE UNDERSIGNED, PETITION YOU TO VACATE: A. THE STREET DESCRIBED AS: A portion of Laurel Street described as: Apart of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the intersection of the south right-of--way line of Western Avenue and the East right-of--way line Laurel Street; thence South 00°10'06" East along said east right-of--way line of Laurel Street, a distance of 474.91 feet to the point of beginning of this description; thence continuing South 00° 10'06" East along said line, a distance of 13.25 feet to a point of curvature to the left having a radius of 20.00 feet, a central of 85°32' 19" and limited in length by a chord which bears South 42°56' 15" East, a distance of 27.16 feet; thence along a curve to the right having a radius of 57.00 feet, a central angle of 189°46'03" and limited in length by a chord which bears South 09°10'36" West, a distance of 113.59 feet to a point on the north right-of--way line of the Penn Central Railroad; thence North 73°47'51" West along said line, a distance of 20.85 feet to said line's intersection with the centerline of Laurel Street; thence North 00°10'06" West along said centerline, a distance of 139.39 feet; thence North 89°49'54" East, a distance of 20.00 feet to the point of beginning. Commonly know as the south 147'± and the cul-de-sac portion of Laurel Street all lying north and adjacent to the Penn Central Railroad. Salvation Army, Major Ralph ansen by Terance D. Lang, Agent 715 South Michigan Street South Bend, Indiana 46601 574-233-1841 Fiie+~ 111 ~{~~'i~'~+ ~~~ MAR 1 "1 ~, a y. Poc WESTERN AVENUE / SOUTH R/W LINE rn r` ~r w z - - w I =, ~1\ olo- I° - I o ~ - .. I , o I 18-3058-2271 `Oi - I~ f .N' ~ N " ` \ ~~ U \ ~~ L ~ ..1.... \\ 2 R/W ~/N f __ LINE TABLE \pEl~/N \ \ ~ L1 S 00'10'06" E 13.25' ~FNTRq~ ~ L2 N 73'47'51" W 20.85' \ \ RAi~R~q~ ~ \ L3 N 00' 10'06" W 139.39' \ ~ ~\ L4 N 89'49'54" E 20.00' 18-3059-2304 ~ -,` \ LEGAL DESCRIPTION A PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF WESTERN AVENUE AND THE EAST RIGHT-OF-WAY LINE LAUREL STREET; THENCE SOUTH 00'10'06" EAST ALONG SAID EAST RIGHT-OF-WAY LINE OF LAUREL STREET, A DISTANCE OF 474.91 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 00'10'06" EAST ALONG SAID LINE, A DISTANCE OF 13.25 FEET TO A POINT OF CURVATURE TO THE LEFT HAVING A RADIUS OF 20.00 FEET, A CENTRAL OF 85'32'19" AND LIMITED IN LENGTH BY A CHORD WHICH BEARS SOUTH 42'56'15" EAST, A DISTANCE OF 27.16 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 57.D0 FEET, A CENTRAL ANGLE OF 189'46'03" AND LIMITED IN LENGTH BY A CHORD WHICH BEARS SOUTH 09'10'36" WEST, A DISTANCE OF 113.59 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE NORTH 73'47'51" WEST ALONG SAID LINE, A DISTANCE OF 20.85 FEET TO SAID LINE'S INTERSECTION WITH THE CENTERLINE OF LAUREL STREET; THENCE NORTH 00'10'06" WEST ALONG SAID CENTERLINE, A DISTANCE OF 139.39 FEET; THENCE NORTH 89'49'54" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. COMMONLY KNOW AS THE SOUTH 147'± AND THE CUL-DE-SAC PORTION OF LAUREL STREET ALL LYING NORTH AND ADJACENT TO THE PENN CENTRAL RAILROAD. LAUREL STREET VACATION PART OF THE SOUTHEAST QUARTER SEC. 11, TWP-37-N, R-2-E, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Lang, Feeney ~ Associates, Inc. Land Surveyors, Construction Engineers & Soil Scientists OF 715 South Michigan Street South Bend, Indiana 46601 Phone 574-233-1841 Fax 574-674-0374 File Nome Drawn By Scole LaurelStreetVacation BKG 1" = 100' Dote Rev. Date Drawing No. 03-18-10 - 24814 CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 20.00' 85'3Z'19" S 42'56'15" E 27.16' C2 57.00' 189'46'03" S 09'10'36" W 113.59' LANG, FEENEY and ASSOCIATES, INC. a LAND SURVEYING -CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 ~ •~ {~ TELEPHONE 574/233-1841 • FACSIIViII.E 574/674-0374 WILLIAM D. LANG, PEES. JOHN B. FEENEY, L.S. INDOT PREQUALIFIED: TERANCE D. LANG, L.S. SUB-DIVISIONS 5.4 ECOLOGICAL SURVEYS 5.5 WETLAND MITIGATION 6.1 TOPOGRAPHIC SURVEY DATA COLLECTION BOUNDARY SURVEYS CONSTRUCTION SURVEYS PUBLIC WORKS PREQUALIFIED March 17, 2007 City of South Bend Common Council Room 455 County-City Building South Bend, Indiana 46601 Re: Vacation Petition To The Common Council, The vacation is requested for the south 147'± and the cul-de-sac portion of Laurel Street all lying north and adjacent to the Penn Central Railroad. On behalf of the Salvation Army Ray & Joan Kroc Corps Community Center, we wish to vacated that portion of Laurel Street to help facilitate sufficient parking for the center. The portion being vacated serves little use, as only one adjacent property will be affected. This owner uses other entry points onto their property. Sincerely, i~~~. Terance D. Lang ~~1AR 7 20 i~ JC ,i: JC, CITY CLE~~`:, `=4. L?rlda, IN. 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 4GGO1-1830 PHONE 5741235-9251 F~vc 574/ 235-9171 TDD 574/ 235-SSG7 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS March 10, 2008 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation Recommendation -Turn-Around at the Southern End of Laurel Street Dear Members of the Council: A favorable recommendation is being submitted to the Common Council concerning the above referred to property vacation. Mr. Tony Molnar, Engineering, with the support of Carl Littrell, City Engineer, submitted a memo to the Board requesting this vacation. It was requested that the process for the vacation be fast tracked and bypassed the review from other City agencies. Mr. Molnar noted there are only two property owners adjacent to Laurel Street, the Kroc Center and the City Housing Authority. If you have any questions, please call me at (574) 235-9251. Sincerely, :' ` t~-.~r....~~~. ~~1'~Ct/~~-- Linda M. Martin, Clerk Board of Public Works c: St. Joseph County Assessor's Office St. Joseph County Auditor's Office Carl Littrell, Engineering Gary Gilot, Public Works Director Fi~e~ In GIcr4~s~ ~~4AR 2 ?- 2010 fir,;{V V00"~?= ^^f. S~J. ~`..~, IN. CSC Cw Wr: , GARYA. GILOT, P.E. DONALD E. INKS JOHN H. MURPHY PRESIDENT MEMBER MEMBER INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Linda Martin, Clerk Board of Works FROM: Tony Molnar SUBJECT: Laurel Street Vacation DATE: March 18, 2010 Please find attached a petition for vacation for a portion of Laurel Street. This vacation is part of the proposed Kroc Center that will be built at the intersection of Western Avenue and Chapin Street. The cul de sac was constructed as part of the public housing to the East of Laurel Street. The turn around needs to be vacated so that the center can increase the number of parking places for the center. The project is in fast track and so the developers have asked that the vacation be expedited so that the City Council can hear the vacation, the appropriation and the re-zoning can all be done on Monday at their regular meeting. Carl has indicated that the vacation could be considered by the Board without review from the other City agencies. There are only two property owners adjacent to Laurel Street, the Kroc Center and the City Housing Authority so there should be no problems vacating the turn around at the end of the sfreet. If you have any questions, please let me know. Thanks, Tony F:\DATAISHAREIENGINEER\W PDATAUnemoboard.wpd ~~ ~~~~yfi ~ .. '~~~ v~; .