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Home My WebLink About9591-05 Vacation - Lot 166 of University HeightsORDINANCE No. os4, ~s Passed by the Common Council of the City of Soutlt Bend, Indiana May 23, 20 05 Attest: JOHN Attest: ~' Presented by me to the Mayor of the City of South Bend, Indiana May 24, 20 05 JOHN May 24, 05 Approved and signed by me 20 _ Ciry Clerk President of Common Council ~ City Clerk ~, 1"~~ M~ ORDINANCE NO. ~I5~1-os AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The right-of-way beginning at the southeast corner of Lot 166 of University Heights, a subdivision in the City of South Bend; thence South 9.00 feet along the projected east line of said lot; thence West parallel to the south line of said lot 63.00 feet; thence North parallel to the projected east line of said lot 9.00 feet to the south line of said lot; thence East 63.00 feet along said south line to the point of beginning. 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 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 beginning at the southeast corner of Lot 166 of University Heights, a subdivision in the City of South Bend; thence South 9.00 feet along the projected east line of said lot; thence West parallel to the south line of said lot 63.00 feet; thence North parallel to the projected east line of said lot 9.00 feet to the south line of said lot; thence East 63.00 feet along said south line to the point of beginning. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby releases the rights and easements of all utilities held by 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. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lot #167 University of Notre Dame (No other property abuts the area to be vacated.) SECTION IV. The purpose of the vacation of the real property is to: permit the construction of a 5'-2" wide x 5'-2" depth limestone pier as a part of a new campus-to- community gateway. 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 C n Attest: Cit Cler Presented to me by the Mayor of the City of South Bend, Indiana on the Z`I~ day of ~l~ ~ ~ , 200; at L`- o ~ o'clock ~_.m. ^ r--- ~~~ ~__ " \ City Cler App~r9ved and signed by me on the `1~-' /~ o'clock .m. ~ Zook ~ ~ day of try ,-~9@~k; at ~~ Mayor, City of th Bend, Indiana 1st READING 5'~'OS PUBLIC HEARWG S-L3-t'S 3 rd READlf~(G S ~L3'oS~ NOT AF~Rii'JED REFERRED ~. PASSED S -2,3'05 Filed In Cleric's Office ~~~Y ' 3 2005 JOHN VOOADE CITY CLERK, 80. BEND, IM. r i I I ~I ~ Legal Description Z~++I ~ Beginning of the southeast comer of Lot 166 wi\ of University Heights, a subdivision in the C'dy 14 ,~ of South Bend; thence South along the 17_1uy1-ot47 ~I v projected east Yne of soid lot 9.00 feet; 1 ;; thence West parollel to the south line of said ~ I ~ UNNERSITY OF lot 63.00 feet; thence North parallel to soid ~ projected eost line 9.00 feet to the south line °zl~-' NDp~ ~~E of said lot; thence Eosi 63.00 feet along said _ _ „~ south line to the point of beginning. lot 167 I 16-s124-4421 1s-s124-4+ 1e-s124-44n I / Lot 163 I lM 1 I 16-5124-4419 18-5124-4416 - I I 16-s123-439201 LW 165 --~ /~,p~~• I G`~v N E 1 0 N t 5 Lat 166 I / 5 1 1 Y CORP.ILIMITS W / ~ N 1 ~I R I I ~y;~5~ RI/ / I ~ Exist R/W -- I --- --- --- _~ Posed R~ ------- - - ~_ ~ Areo to be i ~ // ANGELA BLVD. `50 Vocoted ~so• / -- CORP. LIMfTS ~~Ex1s R W ~~ ~ TExist R/W - -------- -------- 16-5123-4ass Proposed R/W ( ~ 95 TRUSTEES OF I 16-612 4354 INDIANA ~~'~~ r~~ C~eC lot 9t1 ltt 97 j 5 ' 1 ~- UNNERSITY $ C IER51tY~ N 1ot94 ~ I nIA p H `~ Lot 96 ~ ~ ~r l f{ r ~ 3 ^!~, n r - ~ o ~ 16-6123-439204 ~ w I Z I JaN,N V(~:iiul: °- DL Z UNtVER~T„ OF Il07RE DJ111E ~ w ° :.~.r.~, INDIANA, LLC AtbEIA mow' s~ ~~w' ~ oMtl-~e-~o RAD TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 26-05 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT-OF-WAY BEGINNING AT THE SOUTHEAST CORNER OF LOT 166 OF UNIVERSITY HEIGHTS, A SUBDIVISION IN THE CITY OF SOUTH BEND; THENCE SOUTH 9.00 FEET ALONG THE PROJECTED EAST LINE OF SAID LOT; THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID LOT 63.00 FEET; THENCE NORTH PARALLEL TO THE PROJECTED EAST LINE OF SAID LOT 9.00 FEET TO THE SOUTH LINE OF SAID LOT; THENCE EAST 63.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING 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. Roland Kelly Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE : Apr 11 2 9 , 2 0 0 5 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B . THE STREET DESCRIBED AS : The right-of -way to be vacated is located along the southern boundary of Lot #1 67 R consists of ~6h ~rt~ar0 ~Pt wand is to permit h construction of a limestone pier as a part of the University of Notre Dame's new campus gateway' LOT # NAME (signed & printed) ADDRESS Douglas 'K. Marsh 200 Facilities Building 166 /`----- Notre Dame, IN 46556 CONTACT PERSON (S) NAME: Tim Flanagan, Asst. VP & RETURN To: General Counsel OFFICE OF THE CITY CLERK ADDRESS: 203 Main Building, Univ. of John Voorde, CITY CLERK Notre Dame ROOM 455-COUNTY-CITY BUILDING Nc~tr n mP ~ TN x5555 SOUTH BEND, IN 46601 574-235-922 ~~~~~'~ ~ll?Ytt'S 574-631 -641 1 ~~~Y - 3 ^`'05 JOKP1 VOORDE CITY CLERK, S0. BEND, IN. Rev. Samuel J. Chmell Living Trust 156 Gage Road Riverside, IL 60546 Richard E. & Virginia M. Lochner 1247 N. Notre Dame Avenue South Bend, IN 46617 Trustees of Indiana University Indiana University Real Estate Department 530 E. Kirkwood Avenue, Suite 204 Bloomington, IN 47408 Peter J. Schivarelli 1358 Webster Chicago, IL 60614 Mary Katherine Adams 813 E. Angela Blvd. South Bend, IN 46617 Paul C. & Jeanne I. Decelles 809 E. Angela Blvd. South Bend, IN 46617 C1eCk's ~-f-ce filed -n 3 "`'~~' ~gAY -~ ~pFEG 1D, iN. CI'f`~ CLERK, 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS Apri121, 2005 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Property Vacation -Right-of--Way Beginning at the Southeast Corner of Lot 166 Of University Heights (Preliminary Review) Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the following property vacation: Right-of--Way Beginning at the Southeast Corner of Lot 166 Of University Heights The Board of Public Works submits to you a favorable recommendation concerning this vacation. I cerely~~ ngel1a K~. Jacob; C~ ~~ Board of Public Works c: Rosemary Mandrici, Assessor'Office Melinda Stopczynski, Auditor's Office filed 1n C[erk's OfflCe .~.~ ,~ .., ~ ~ ~~~ -=.~~C1ERK, SO GENII ~r