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Home My WebLink About10079-11 Transfer- Portion of Fredrickson Park from Board of Park Commissioners to the State of Indiana O RD I NAN C E N o . 10079-�� Passed by the Common Council of the Ciry of South Bend,Indiana March 28, 20 11 Attest: City Clerk JOH OR Attest: President of Common Council Presented by me to the Mayor of tlze City of South Bend, Indiana March 29 20 11 - City Clerk JO VOO DE Approved and signed by me March 29 20 11 � ��y�-- May�or ORDINANCE NO. � 0��J� AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF FREDRICKSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE STATE OF INDIANA STATEMENT OF PURPOSE AND INTENT The Indiana Department of Transportation has made an Uniform Property or Easement Acquisition �ffer to the City of South Bend of 3,780 square feet more or less of the northwesterly portion of Fredrickson Park for the widening of State Road 23. By motion at its meeting of February 22, 2011, the South Bend Board of Park Commissioners recommended that this offer for the 0.086 acres of the northwesterly portion of Fredrickson Park, which is more particularly described in the attached Exhibit "A" be accepted. The Common Council, under I.C. 36-10-4-18, has the authority to authorize the sale of Park land. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Sectien I. That a portion of the northwesterly part of Fredrickson Park, which portion is more particularly described in Exhibit "A" be transferred to the State of Indiana, pursuant to the Uniform Property or Easement Acquisition Offer in accordance with Indiana statutes. Section II. The proceeds of the sale of the land described in Exhibit "A" shall be credited to the Park Department and the proceeds expanded for the improvement of remaining park land or purchase of other land for Park purchases. Section III. 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 Attes . 'ty Cl rk Presented by me to the Mayor of the City of South Bend, Indiana on the ��v��day of < , 2011, at � �� o'clock�. m. � ^C��'.x��. Dep y City Clerk � Approved and signed by me on the��_day of �G�- , 2011, at 2•��j' o `clock�.m. - �.�.-r��_ Mayor, ity of th Bend, Indiana :_�....�_:_,_..�._�.:<__�:......_. Filed 1n �1��k9,� ,p ffo�e lst READII�a �� "=� ��1�� PJEL{C F-,::!',t ING 3—L�I� 3 rJ F.�;-�Lii'G �-3,��1 CI1Y `�OMPtI VOORp� NOT A��:OV.ED � ��"��"��i E��'AID,dts "�FEP,RED ,, � �''ASSED '� 3_-:1��—1) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 09-11 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF FREDRICKSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE STATE OF INDIANA 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. This bill was heard by the PARCS Committee. Timothy Rouse Chairperson, Committee of the Whole �SpUT$8�� p\ ��111��II�iI�/i d 1400 CAUN'IY-CITY BUILDING ►F', ��\ ��j d PxoxE 574/235-9241 Z27 W.JEFFERSON BOULEVARD W��\PEACE �'%l '" Fac 574/235-7670 $OUT'H BEND,INDinrrn 46601-1830 �� „\` ��;��",a� 1865 CITY OF SOUPH BEND STEPHEN,J. LUECKE,MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALADEAN M. DEROSE CITYl�TTORNEY March 7�2�1 1 CHIEF ASSISTANT CITYI�TTORNEY Mr. Derek Dieter President, South Bend Common Council 4�'Floor, County-City Building South Bend, IN 46601 Re: Ordinance to Transfer Ownership of a Small Portion of Fredrickson Park to the State of Indiana Dear President Dieter: As part of its ongoing plans to widen State Road 23, the Department of Transportation of the State of Indiana has made an offer to purchase a small portion of Fredrickson Park. The offer was $1,900.00 for a portion of land containing 0.086 acres more or less. For your aid in understanding the proposed transaction I am enclosing with this letter the following exhibits: A. An area photograph showing the entire Fredrickson Park and indicating the portion which is the subject of this Ordinance; � B. A drawing prepared by the Indiana Department of Transportation showing the land in question; C. The Uniform Property or Easement Acquisition Offer which was presented.,and D. Park Board Resolution 2011-1 which was approved by the Board of Park Commissioners at its last regular meeting, February 22, 2011. Bill Schalliol will present this Ordinance to the Common Council both at its Committee and its regular meeting. Your S'avorable attention to this matter will be most appreciated. Very truly yours, � e�°��@d��p��: "� � Thomas L. Bodnar MA� ,�� (�'�j Assistant City Attorney TLB/cw � J�HPB�OORS}0��.t� i CIT1f Ct.��K,�tiUT'� �r. k , . � THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH �'��1( JEFFREY M.JANKOWSHI LAWRENCE J.METEIVER JEFFREY L.SANFORD JOHN E.BRODEN G 9` �� SHEET 1 OF 1 � EXHIBIT "A" Project: STP-SO50(007) Code: 3786 Parcel 147 Fee Simple St. Joseph County Parcel No.: 18-5102-359301 Tax ID Key: 71-09-06-176-028.000-026 A part of the northwest quarter of Section 6, Township 37 North, Range 3 East in the City of South Bend, Portage Township, St. Joseph County, Indiana,being that part of the grantor's land lying within the right of way lines depicted on the attached Right Of Way Parcel Plat, marked EJChibit"B", described as follows: Commencing at the northeasterly corner of Talbot's Plat as recorded in Plat Book 7, Page 26 in the Office of the Recorder of St. Joseph County, Indiana; thence North 51 degrees 26 minutes 59 seconds East (Indiana State Plane Coordinate System, East Zone), along the southeasterly right-of-way line of South Bend Avenue, a distance of 286.25 feet to the northeasterly corner of a 0.128 acre tract of land as described in Instrument Number 8406534 in the office of said Recorder, being the Point of Beginning of this description, designated as point"434" on said Parcel Plat; thence continuing north 51 ees 26 minutes 59 seconds East, along said southeasterly right of way line, a 7.00 feet to the northwesterly corner of a 0.348 acre tract of land as described i �e Number 9906156 in the office of said Recorder, designated as point"304" on rc�P, cel Plat; thence South 38 degrees 33 minutes Ol seconds East, along the northwesterly boundary of said 0.348 acre tract, a distance of 140.00 feet to the southwesterly corne`r of said 0348 acre tract, designated as point "305" on said Parcel Plat; thence South 51 degrees 26 minutes 59 seconds West, a distance of 27.00 feet to the southeasterly comer of aforesaid 0.128 acre tract, designated as point"435" on said Parcel Plat; thence North 38 degrees 33 minutes O1 seconds West, a distance of 140.00 feet to the place of beginning. Containing 0.086 acres (3,780 square feet), more or less. DATE: Ma 19 2010 � ��'�� Y � RONALD L. NOLAN \\\\��Q°41��°��i�i�,,,� . Registered Land Surveyor SO 439 �•�0��:��,5'7f NO�'%� State Of Indiana ' �� NO.R °':-�y; * SO 439 * ��%; STATE OF .�� /��9��/SUR��`�`�� i��nrnnumm��u�� This description was prepared for the Indiana Department of Transportation by Ronald L.Nolan,Indiana Registered Land Surveyor,License Number LS80040439,on the 19`h day of May,2010. Y:\Project Files-active\t)j 1497 SR 23\Revised Desi��n\Ri��ht of�4'ay\E'arc�l Files`,1=�7\1=17 SBend.doc