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Home My WebLink About9659-06 Vacation Street - Scott StORDINANCE No. 9659-06 Passed by the Common Council of the Ciry of South Bend, Indiana March 27, Attest: Attest: 20 0 6 Presented by me to the Mayor of the Ciry of South Bend, Indiana March 28, 2006 JOHN Approved mtd signed by me March 2 9 20 0 6 City Clerk President of Common Council Ciry Clerk Mayor ORDINANCE NO. - l ~ S ~ ~ 0 (O AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SCOTT STREET, BEING A 40 FT. WIDE RIGHT-OF-WAY, RUNNING FROM DR. MARTIN LUTHER KING, JR. DRIVE ON THE NORTH TO THE FIRST EAST-WEST ALLEY ON THE SOUTH, BEING APPROXIMATELY 240 FEET IN LENGTH, AND OAK STREET, BEING A 40 FT. WIDE RIGHT-OF-WAY, RUNNING FROM DR. MARTIN LUTHER KING, JR. DRIVE ON THE WEST TO ITS INTERSECTION WITH SCOTT STREET ON THE EAST, BEING APPROXIMATELY 45 FEET IN LENGTH, AND ALSO A PORTION OF THE FIRST NORTH-SOUTH 13.2 FT. WIDE PUBLIC ALLEY WEST OF KUNSTMAN COURT RUNNING FROM LINCOLNWAY WEST ON THE NORTH TO ITS TERMINATION POINT ON THE SOUTH, BEING APPROXIMATELY 155 FEET IN LENGTH 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: PARCEL I: (VACATION LEGAL DESCRIPTION FOR SCOTT STREET AND OAK STREET) THAT PORTION OF SCOTT STREET AND OAK STREET BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 AS SHOWN ON THE PLAT OF "ORT'S SUBDIVISION OF LOT 13 AND EAST HALF OF LOT 14, KUNTMANS FIRST ADDITION" RECORDED AS DOCUMENT # 1908007; THENCE N 00°17'27" W, FOR A DISTANCE OF 139.00 FEET TO THE NORTHEAST CORNER OF LOT 1 OF SAID ADDITION; THENCE ALONG THE NORTH LINE OF SAID LOT N 80°56'20" W, FOR A DISTANCE OF 66.88 FEET MORE OR LESS TO THE EASTERLY RIGHT OF WAY LINE OF DR. MARTIN LUTHER KING JR. DRIVE (CHAPIN STREET); THENCE ALONG SAID EASTERLY LINEN 35°59'31" E, FOR A DISTANCE OF 44.87 FEET MORE OR LESS TO A POINT ON THE SOUTHERLY LINE OF LOT 12 AS SHOWN ON THE PLAT OF "KUNTSMAN'S FIRST ADDITION" RECORDED AS DOCUMENT # 1866002; THENCE ALONG THE SOUTHERLY LINE OF SAID LOTS 80°56'20" E, FOR A DISTANCE OF 39.97 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID LOT; THENCE N 00°17'27" W, FOR A DISTANCE OF 60.48 FEET MORE OR LESS TO THE SOUTHERLY RIGHT OF WAY OF DR. MARTIN LUTHER KING JR. DRIVE; THENCE ALONG THE SAID SOUTHERLY LINEN 40°32'17" E, FOR A DISTANCE OF 61.18 FEET MORE OR LESS TO A POINT ON THE WEST LINE OF LOT 4 AS SHOWN ON THE PLAT OF "KUNTSMAN'S SECOND ADDITION" RECORDED AS DOCUMENT # 1873020; THENCE S 00°17'27" E, FOR A DISTANCE OF 286.50 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF LOT 8 OF SAID ADDITION; THENCE S 89°59'02" W, FOR A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. 2 PARCEL II: (VACATION LEGAL DESCRIPTION FOR A PORTION OF A 13.2 FT. WIDE ALLEY) A PORTION OF A 13.2 FOOT ALLEY ADJACENT TO LOTS 13 AND 14 OF GEORGE RUSH'S SUBDIVISON BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 13 OF "GEORGE RUSH'S SUBDIVISION OF LOT 1 OF KUNTSMAN'S SECOND ADDITION" RECORDED AS DOCUMENT # 1906004; THENCE S 89°59'02" W, FOR A DISTANCE OF 13.20 FEET TO A POINT ON THE EAST LINE OF LOT 5 AS SHOWN ON THE PLAT OF "KUNTSMAN'S SECOND ADDITION" RECORDED AS DOCUMENT # 1873020; THENCE N 00°17'27" W, FOR A DISTANCE OF 159.30 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF LINCOLN WAY WEST; THENCE ALONG SAID SOUTHERLY LINES 62°33'44" E, FOR A DISTANCE OF 14.91 FEET TO THE NORTHWEST CORNER OF LOT 14 OF "GEORGE RUSH'S SUBDIVISION OF LOT 1 OF KUNTSMAN'S SECOND ADDITION"; THENCE S 00°17'27" E, FOR A DISTANCE OF 152.43 FEET TO THE POINT OF BEGINNING. 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: LOTS # 12, 13 AND 14 OF THE PLAT OF "GEORGE RUSH'S SUBDIVISION OF LOT # 1, KUNSTMAN'S 2ND ADDITION'; LOTS # 4, 5, 6, 7, 8 AND THE VACATED EAST-WEST ALLEY ADJACENT TO SAID LOTS # 4 AND 5 OF THE PLAT OF "KUNSTMAN'S 2ND ADDITION'; LOTS # 11 AND 12 OF THE PLAT OF "KUNSTMAN'S 1 Sr ADDITION'; LOTS # 1,2,3 AND 4 OF THE PLAT OF "ORT'S SUBDIVISION OF LOT # 13 AND THE EAST HALF OF LOT 14 OF "KUNSTMAN'S 1ST ADDTION"" SECTION IV. The purpose of the vacation of the real property is to allow for the construction of a Public Fire Station facility to serve a portion of the Northwest Neighborhood. 3 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. Attest: ~` Member of the Co on Council Presented by me to the Mayor of the City of South Bend, Indiana on the Zx-~~ day of }'Y~_a.,,~-1~• , 2 O ~ ~ , at 3'•o c~ o'clock ~. m. .-- ~~ City CI 'r ~ Approved and signed by me on the ~ 9 day of ~.~ ~~ , 2 e°~ at nl•' 3~ o'clock ~ m. Mayor, City o South Bend, Indiana 3~~~-0~ 1 st READING PUEiLIC HEARINGS-L?~O~o 3 rd READING 3 -ZZ -~,O NUT APPROVED Filed nl ~Isrk's ~fifice ~~"BAR - 8 2006 ~QNt~ YSO BEND, IN. CITY CLERK, REFERRED ~ PASSED 3~Z?'U TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 14-06 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SCOTT STREET BEING A 40 FT. WIDE RIGHT-OF-WAY, RUNNING FROM DR. MARTIN LUTHER KING, JR. DRIVE ON THE NORTH TO THE FIRST EAST-WEST ALLEY ON THE SOUTH, BEING APPROXIMATELY 240 FEET IN LENGTH, AND OAK STREET, BEING A 40 FT. WIDE RIGHT-OF- WAY, RUNNING FROM DR. MARTIN LUTHER KING, JR. DRIVE ON THE WEST TO ITS INTERSECTION WITH SCOTT STREET ON THE EAST, BEING APPROXIMATELY 45 FEET IN LENGTH, AND ALSO A PORTION OF THE FIRST NORTH-SOUTH 13.2 FT. WIDE PUBLIC ALLEY WEST OF KUNSTMAN COURT RUNNING FROM LINCOLNWAY WEST ON THE NORTH TO ITS TERMINATION POINT ON THE SOUTH BEING APPROXIMATELY 155 FEET IN LENGTH 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. Karen L. White Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYSI TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: A PORTION OF THE FIRST NORTH-SOUTH 13.2 FT. WIDE PUBLIC ALLEY WEST OF KUNSTMAN COURT RUNNING FROM LINCOLNWAY WEST ON THE NORTH TO ITS TERMINATION POINT ON THE SOUTH, BEING APPROXIMATELY 155 FEET IN LENGTH, B. THE STREETS ARE DESCRIBED AS: SCOTT STREET, BEING A 40 FT. WIDE RIGHT-OF-WAY, RUNNING FROM DR. MARTIN LUTHER KING, JR. DRIVE ON THE NORTH TO THE FIRST EAST-WEST ALLEY ON THE SOUTH, BEING APPROXIMATELY 240 FEET IN LENGTH, AND OAK STREET, BEING A 40 FT. WIDE RIGHT-OF-WAY, RUNNING FROM DR. MARTIN LUTHER KING, JR. DRIVE ON THE WEST TO ITS INTERSECTION WITH SCOTT STREET ON THE EAST, BEING APPROXIMATELY 45 FEET IN LENGTH. NAME (signed & printed) ADDRESS LOT # South Bend Heri a Foundation, Inc. 803 Lincolnway West By: 't3 • ~J~~-- South Bend, Indiana 46624 C~r~"i1 ~ C~~~o~` City of South Bend Dept. of Engineering 13`h Floor-County-City Bldg. South Bend, Indiana 46601 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 Pt. of Lots 2,3,4 and all of 5,6,7 and North''/z of 8 and Vacated Alley between Lots 4 and 5 "Kunstman 2"d Addition, Lots 13 and 14 "George Rush's Subdivision of Lot # 1, Kunstman's 2"d Addition, Lots # 1,2,3 and 4 of "Ort's Subdivision of Lot # 13 and the East Half of Lot # 14 of Kunstman's 1" Addition" Pt. of Lots 2,3,4 "Kunstman 2"d Addition CONTACT PERSON (S): NAME: Michael Danch -Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 574-234-4003 Filed [n Otertc'S Office pY"AR - 8 2006 JGFtN VOOFtDE CITY CLERK, S0. EEPdD, !N. Y ., Property Owners Within 150 Feet RR Company of America LLC RR Co of America LLC Mark & Joyce Kroll 105 Chapel Dr 105 Chapel Dr 819 Park Ave Lafayette, LA. 70506 Lafayette, LA. 70506 South Bend, IN. 46601 Tax Key # 018 1055 2359 Tax Key # 018 1021 0895 Tax Key # 018 1021 0896 Joyce & Mark Kroll Joyce & Mark Kroll Mark 8~ Joyce Kroll 819 W Park Ave 819 Park Ave 819 Park Ave South Bend, IN. 46616 South Bend, IN.46601 South Bend, IN. 46601 Tax Key # 018 1021 0897 Tax Key # 018 1021 0898 Tax Key # 018 1021 0900 Damien French South Bend Heritage Foundation Interfaith Christian Union, Inc. 535 LincolnWay W 803 LincolnWay W 702 LincolnWay W South Bend, IN. 46601 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 1021 0901 Tax Key # 018 1029 1286 Tax Key # 018 1029 1287 Louise & Hartle Blake Louies Tux Shop Interfaith Christian Union, Inc. 719 Oak St 716 LincolnWay W 702 LincolnWay W South Bend, IN. 46616 South Bend, IN. 46616 South Bend, IN. 46616 Tax Key # 018 1029 1291 Tax Key # 018 1029 1293 Tax Key # 018 1029 129402 South Bend Heritage Foundation Wade &Liona Gadman Wade 8 Liona Gadman 803 LincolnWay W 828 Ridgedate Road 828 Ridgedate Road South Bend, tN. 46616 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 1029 129502 Tax Key # 018 1029 1297 Tax Key # 018 1029 1298 Civic City of South Bend South Bend Heritage Foundation Naomi Cassirer South Bend, IN. 46601 803 LincolnWay W 713 W LaSalle Street Tax Key # 0181029 1299 South Send, IN. 46616 South Bend, IN. 46601 Tax Key # 018 10291300 Tax Key # 018 1025 1087 Evelyn & Daron Goad Charles & Theresa Williamson Charles Williamson 709 W LaSalle 701 W LaSalle 705 W LaSalle South Bend, IN. 46601 South Bend, IN.46601 South Bend, IN. 46601 Tax Key # 0181025 1088 Tax Key # 018 1025 108801 Tax Key # 0181025 1090 Charles Williamson Mark 8~ Joyce Kroll South Bend Heritage Foundation 7U1 W LaSalle Ave 819 Park Ave 803 LincolnWay W South Bend, tN, 46Fi01 South Bend, IN. 46616 South Bend, IN, 4Fi61fi Tax Kcy # 018 1026 1091 Tax Kcy # 018 1022 0912 Tax Key # 018 1022 0916 Joseph 8~ Diana Alvarado Joseph ~ Diana Alvarado Thomas Anton, Jacqueline Keldsen 327 Kuntsman Ct 327 Kuntsman Ct 322 Kuntsman Court South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 1022 0916 Tax Key # 018 1022 0917 Tax Key # 0181022 0924 Thomas Anton, Jacqueline Kneldsen Angela Logan James Underwood 322 Kuntsman Ct. 25821 Sly Fox Ct 24815 Packard South Bend, IN. 46601 South Bend, IN. 46628 South Bend, IN. 46619 Tax Key # 018 1022 0918 Tax Key # 018 1022 0919 Tax Key # 0181022 0920 South Bend Heritage Foundation 803 LincolnWay W South Bend, IN. 46616 Tax Key # 018 1022 0921 South Bend Heritage Foundation 803 LincolnWay W South Bend, IN. 46616 Tax Key # 018 1022 0922 Tom Anton, Peter Pappagianes 322 Kuntsman Ct South Bend, IN. 46601 Tax Key # 018 1022 0923 Gust 8~ Kalliope Anton 322 Kuntsman Ct South Bend, IN. 46601 Tax Key # 018 1022 0925 Jahn St.Pien'e 513 LincolnWay W South Bend, IN. 46601 Tax Key # 018 1022 x929 South Bend Heritage Foundation 803 LincolnWay W South Bend, IN. 46616 Tax Key # 018 1022 0951 E I R E Inc.C/O Baker 8~ Daniels 205 W Jefferson, Suite 250 South Bend, IN 46601 Tax Key # 018 1025 1086 Tom Anton, J.Keldsen,Gust Anton 322 Kuntsman Ct South Bend, IN. 46601 Tax Key # 018 1022 0926 John St.Pien'e 513 LincolnWay W South Bend, IN. 46628 Tax Key # 018 1022 0930 Cottage One Properties Inc. 30204 Old US 20 West Elkhart, IN. 46514 Tax Key # 018 1022 0950 Dean 8~ Mary Fitteriing 318 Kuntsman Court South Bend, IN. 46601 Tax Key # 018 1022 0927 Thomas 8~ Linda Gordon 629 W LaSalle South Bend, IN. 46601 Tax Key # 018 1022 0953 Jeffrey Bemdt 617 W LaSalle South Bend, IN. 46601 Tax Key # 018 1022 0949 s ~~~ c'll lY.`,'r, ~~'~ y l ~ r't t.J t ~ a a ni~~6 t"~~~ J C,.~.{ G~~~h, VACATION EXHIBIT ~ ~~ • ~~~ ~~ ~, \ .S ~ ~~ 5 ry1 ~~' ~9 s t~ ~ ~ ~ 3 f M G. r SR,~ Co 0~1 io 6 / / l9 ~ ~ ~ ~~ t ~,~ c3 ~~ ~1 ~J 6 ~ 0 d ~q~ V ~ c c s ~ ~ C ~ /, ~ ~"' 0 ~ _ s ~ ~od1'\ lip • C ~di ~ ~ )~ -0902 ~~9~ n'/ ~ S S~~' -~ R 6 / ~u m t ~ ~ n r /294 j ' *~~103 I m C -o~'~ 33R • ~ ~ O aQ `` ~ ~4t+w5 0 `I"'r ~ n 0 H ~ 1Q 3~ n Q• ~ ` ~- ~ ~ ~' Y pb.. Q' to ~ 4 ~3 '~ b ~ R ' ~ ~ ~ `~ ~ ~ o d r =o9i4 ~ ~~ n ~ 6 A 3, ~ ~ ~s0.3s c •09/5 •a ~ ~) ~i ~~ , r, o ~ / t-S~ ,~- ''s ~ - -1022 =3'On4 .~~/ H~ ~ a. ~• F ~ ~ ~ N ~ „ `.~ :'l ~a G ` /u /3~~/ ~ CG? - 0909 =04/7 ~ ¢.04~ ' 4 ' . /Ow n h 2_ ~ 09/0 .e 18 9 , _ ~._ ~ - ~~! ~ -~ ~~° 0933 \ ~ ~p ~ ~ h 091/ ~__ ~ -0l~7 ~•f~ ~ ~' 3 - i3o J - 09/2.0/ - s ~c ._ ._...,... _ ~~ ,L~a s~ ~ . 3 's i 4 ""~ '~ t , ~ • 0 9!2 /~~ -o • ~ •o!?s ST p ~ ~~ _, T....f _ __ _ .. ~rar_rr, ` '•~• ~' $'~ s ~ g : -/off, o ~ ~ 4 ~ is r ~ -o4~i w ~~ : / ~ Ira o~ 181 to e. ~ 1s- ~~a 1s-1 ~ _~ s-c 3 ~ I\ ~ ~ ~ ~ ~ ~ ~ O ~w ~ ~ •, ~ ~ ~ ~ ~ ~~~~ t{ ~ . e b 1 ~ ~ ~ ~ h salt 50.8? 50.3'1 n ~ n r50.'S.Z ~ SO or g ~ ~D.S r r. i~ er 4a5 !f 3t ~f /00 -~- ~S 4~ 4~ 35 ~ ~ L Q SAL LE -'-r --- -- - ~ AVE. -~'-~ ~ .~Q u Ica ~ e I"= 100' D~artc/~, Harmer drAseaci~ate~ ln~ Land Surveyors Professional Engineers 3 Landscape Architects • Lond Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4119 2422 Yridian Drive, Suite 201 ^ South Bend, IN 46628 VACATION EXHIBIT a 0 e a 0 SURVEY ORDERED BY: CITY SURVEY DATED: 11/10/05 PROJECT NO.: 050299 I ~ a I ~ I ~ O I I I I o~ I ti~ I p v "p I ROcs^r ~~ ~~0 ~,'~* o ' I N -~ OF SOUTH BEND ,'~~ ~ / ryOC. x ~M ~ ~ ~ ti ~ ~ I ~ r C ~ ~ I o~ 0~' I /~~ ~ I `'~~ Z I \~~Y ~I ~ ~I I P .~~ 4 • I ti ~ I ~ "II I ~ ti ti O v0~ I v I I O~ I r0 w ~ I 'L c '+ q,~ ~ I `` I v I ~ `~ qq~~~/ O'er I I to ~ O ,~j~ --~----1--- "~* w J --° - - ti ~ o O 20.0' ~L 0~~' ~ # ' ~d' ~~c ~ UI ~ o" J ~ ~V, ~ h O YO ~ ON t~ o" ~`~ •= ~ k n ~~ O~ 20. ~ v ~F~$_ ~sua~rlslc.: q~. ~ I ti CF LO' '3 `y I° '0~ GYM K• .^5•~:•I; "~ L~4T SCL^N ~. / 1866C0 ~~ s1gC8CC: I KL'f'P' S S~a0r.1SIC': LOT t I I I I I I I I I ~ I I I I h I O~ I O4j I O~ I O~ I O~ O I L I v I v I v I v ~ I I , ~ as n ; .,~,. ~ ~., i ~ 1 ~ c- z <. cr; ._ : o <J ~ ~ ~~.~ 4Ytl~ ._ Li ~;~~ ~ ¢ ~ ~ U C~ ~ Dla~t~cl~„ Hamer drAsooctate>a, ln~ Land Surveyors Professional Engineers Landscape Architects • Land Planners Office: (574)234-4003 / (800)594-4003 ^ Fax: (574)234-4119 2422 Yridian Drive, Suite 201 ^ South Bend, IN 46628 ~ o ~~ ---~~ ~~~ o ~` , t=- ~ o ~ _-~-w ,moo ~ a O ~~ -- Nci ~=o ~~_ O ~ -- ~ - [~ro O yUj v U p~ o ~~ ~ ry~ I v ~ z-° o _, ~~ in E _ ~~ 3 h = `~ O~ ~c v ~ N e ~~ j ~~ ~ ~ I ,` Sc O v ~ r / H / row H~:.:RI: / o ` 62aR R 4 ~~ Nf `~ ~ \ I r I I O~ I O~ I ~' I `'~ :D~ I ~, 4 Ir ~; q ,o ~, O~ __~ __. o, O~ v ~ .y .. .O.BJ I I I I I I ,o RCELI I sr,;;,>~,KS:R•s s~aor.~slo;: F` Lc; 41 I r O~ I O~ I p~ I p~ t o I O~ t v w~~' ~ I ~ I ~ I I I v Fp~~ I o I 1 I I~ 1 y~ I UNE BEARING DISTANCE L1 N 00'17 27 W 139.00 L2 N 80'56 20 W 66.88 L3 N 35'59 31 E 44.87 L4 S 80'56 20 E 39.97 L5 N 00'17 27 W 60.48 L6 N 40'3217 E 61.18 L7 S 00'17 27 E 286.50 L8 S 89'59 02 W 40.00 L9 S 00'17 27 E 15243 L10 S 89'59 02 W 13.20 L11 N 00'17 27 W 159.30 L12 S 6233 44 E 14.91 N -D~f~l- SCALE 1" = 100' 1 3 1 I 1 I I ~~ NI `~I ~I al ~I I VACATION EXHIBIT SURVEY ORDERED BY: CITY OF SOUTH BEND SURVEY DATED: 11/10/05 PROJECT NO.: 050299 ~' a 0 s; a 0 PARCEL I: (VACATION LEGAL DESCRIPTION FOR SCOTT STREET AND OAK STREET) THAT PORTION OF SCOTT STREET AND OAK STREET BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 AS SHOWN ON THE PLAT OF "ORTS SUBDIVISION OF LOT 13 AND EAST HALF OF LOT 14, KUNTMANS FIRST ADDITION" RECORDED AS DOCUMENT # 1908007; THENCE N 00°17'27" W, FOR A DISTANCE OF 139.00 FEET TO THE NORTHEAST CORNER OF LOT 1 OF SAID ADDITION; THENCE ALONG THE NORTH LINE OF SAID LOT N 80°56'20" W, FOR A DISTANCE OF 66.88 FEET MORE OR LESS TO THE EASTERLY RIGHT OF WAY LINE OF DR. MARTIN LUTHER KING JR. DRIVE (CHAPIN STREET); THENCE ALONG SAID EASTERLY LINEN 35°59'31" E, FOR A DISTANCE OF 44.87 FEET MORE OR LESS TO A POINT ON THE SOUTHERLY LINE OF LOT 12 AS SHOWN ON THE PLAT OF "KUNTSMAN'S FIRST ADDITION" RECORDED AS DOCUMENT # 1.866002; THENCE ALONG THE SOUTHERLY LINE OF SAID LOTS 80°56'20" E, FOR A DISTANCE OF 39.97 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID LOT; THENCE N 00°17'27" W, FOR A DISTANCE OF 60.48 FEET MORE OR LESS TO THE SOUTHERLY RIGHT OF WAY OF DR. MARTIN LUTHER KING JR. DRIVE; THENCE ALONG THE SAID SOUTHERLY LINEN 40°32'17" E, FOR A DISTANCE OF 61.18 FEET MORE OR LESS TO A POINT ON THE WEST LINE OF LOT 4 AS SHOWN ON THE PLAT OF "KUNTSMAN'S SECOND ADDITION" RECORDED AS DOCUMENT # 1873020; THENCE S 00°17'27" E, FOR A DISTANCE OF 286.50 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF LOT 8 OF SAID ADDITION; THENCE S 89°59'02" W, FOR A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. PARCEL II: (VACATION LEGAL DESCRIPTION FOR A PORTION OF A 13.2 FT. WIDE ALLEY) A PORTION OF A 13.2 FOOT ALLEY ADJACENT TO LOTS 13 AND 14 OF GEORGE RUSH'S SUBDIVISON BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 13 OF "GEORGE RUSH'S SUBDIVISION OF LOT 1 OF KUNTSMAN'S SECOND ADDITION" RECORDED AS DOCUMENT # 1906004; THENCE S 89°59'02" W, FOR A DISTANCE OF 13.20 FEET TO A POINT ON THE EAST LINE OF LOT 5 AS SHOWN ON THE PLAT OF "KUNTSMAN'S SECOND ADDITION" RECORDED AS DOCUMENT # 1873020; THENCE N 00°17'27" W, FOR A DISTANCE OF 159.30 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF LINCOLN WAY WEST; THENCE ALONG SAID SOUTHERLY LINES 62°33'44" E, FOR A DISTANCE OF 14.91 FEET TO THE NORTHWEST CORNER OF LOT 14 OF "GEORGE RUSH'S SUBDIVISION OF LOT 1 OF KUNTSMAN'S SECOND ADDITION'; THENCE S 00°17'27" E, FOR A DISTANCE OF 152.43 FEET TO THE POINT OF BEGINNING. ~1~~;~e ~EB~~ 5 ~~~~~ `;1 $ ~~QS ~~P~ 1O~NVDO 8E 0'~N~ Land Surveyors Professional Engineers Landscape Architects• Land Planners Office: (574)234-4003 / (800)594-4003 • Fax: (574)234-4119 2422 Yridian Drive, Suite 201 South Bend, IN 46628 2 3 (~~ Uanch, F/arner ~ ~I ssociates, Inc. MICHAEL ~. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend Indiana 46601 RE: Request for Vacation of a portion of Oak Street, Scott Street and a 13.2 ft. wide Public Alley located at the Southeast corner of Dr. Martin Luther King Jr. Drive (a.k.a. Chapin Street) and Lincolnway West: Dear Council Members: March 7, 2006 Our clients are requesting the approval of a Vacation for a portion of Oak Street, Scott Street and a 13.2 ft. wide Public Alley located at the Southeast corner of Dr. Martin Luther King Jr. Drive (a.k.a. Chapin Street) and Lincolnway West, South Bend, Indiana. This Right-of-way Vacation request will allow the construction and operation of a Public Fire Station facility. Our clients believe that the approval of the proposed Vacation of the above stated Public Right-of-ways to allow for a Fire Station will be a great asset for this portion of this near Northwest South Bend neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch President Danch, Harner & Associates, Inc. File # 050299 Md. "C" Land Surveyors Professional Engineers Landscape Architects Land Planners Fi1c'i 1~ C;~-.~ ~ ~~",AR - 8 2006 JClry vc~ 9E~0~ 1'd. ~ CITY ClE~sh, .. 1643 Commerce Drive ^ South Bend, IN 46628 office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 208 West Mars Berrien Springs, MI 49103 office 269/471-3010 ^ Fax 269/471-7237