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Home My WebLink AboutVacate - Described Property Part of F Jay Nimtz Parkway ORDINANCE No. 8670-96 Passed by the Common Council of the City of South Bend, Indiana. May 13, 19 96 Attest: _I►I!.'_il F City Clerk -s -ET J. DelA Attest: • 0iL - - ` President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— May 15, 96 Iq ` City Clerk LORETTA . DUD Approved and signed by me ! 45- Ig_ Mayor ORDINANCE NO. 3'470- % AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO VACATE THE FOLLOWING DESCRIBED PROPERTY A part of F.Jay Nimtz Parkway, located in the Southeast Quarter of Section 19,Township 38 North,Range 2 East,German Township,City of South Bend, St.Joseph County, Indiana,more particularly described as follows: Commencing at the southeast corner of Section 19,also being the southwest corner of Section 20;thence North 00°1 4'09"West a distance of 49.67 feet to the Point of Beginning;thence North 00°14'09"West a distance of 20.33 feet; thence North 89°47'23"West a distance of 33 I.96 feet;thence North 00°12'37"East a distance of 35.00 feet;thence North 89°47'23"West a distance of 1109.88 feet;thence South 00°09'46"West a distance of 50.00 feet;thence South 89°47'23"East a distance of 310.00 feet;thence South 00°09'23"West a distance of 1 5.00 feet;thence North 89°47'23" West a distance of 1042.30 feet to a point 90.00 feet west of the East Line of Section 19;thence Northeasterly approximately 90.52 feet 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 public ways or public places within the City. The following ordinance vacates the above described public right-of-way. 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 public rights-of-way: A part of F.Jay Nimtz Parkway,located in the Southeast Quarter of Section 19,Township 38 North, Range 2 East,German Township,City of South Bend,St.Joseph County, Indiana,more particularly described as follows: Commencing at the southeast corner of Section 19,also being the southwest corner of Section 20; thence North 00°1 4'09"West a distance of 49.67 feet to the Point of Beginning;thence North 00°14'09"West a distance of 20.33 feet;thence North 89°47'23"West a distance of 33 I.96 feet; thence North 00°1 2'37"East a distance of 35.00 feet;thence North 89°47'23"West a distance of 1 109.88 feet;thence South 00°09'46"West a distance of 50.00 feet;thence South 89°47'23"East a distance of 310.00 feet;thence South 00°09'23"West a distance of 15.00 feet;thence North 89°47'23" West a distance of 1042.30 feet to a point 90.00 feet west of the East Line of Section 19;thence Northeasterly approximately 90.52 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 rights-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by the vacation: 25-1018-0622 Lot 4-Blackthorn Corporate Office Park 25-1018-0624.07 Lot 4A-Blackthorn Corporate Office Park Minor#I SECTION IV. The purpose of the vacation of the right-of-way is to: I), return unnecessary public right-nf--',n,av to ariiarent lanrinwnerc fnr nrivate rievelonmentt ?l. establish a uniform forty-foot right- COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 24-96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PART OF F. JAY NIMTZ PARKWAY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19, ALSO BEING THE SOUTHWEST CORNER OF SECTION 20; THENCE NORTH 00014 ' 09" WEST A DISTANCE OF 49.67 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00014 ' 09" WEST A DISTANCE OF 20.33 FEET; THENCE NORTH 89047 '23" WEST A DISTANCE OF 331.96 FEET; THENCE NORTH 00012 ' 37" EAST A DISTANCE OF 35.00 FEET; THENCE NORTH 89047 '23" WEST A DISTANCE OF 1109.08 FEET; THENCE SOUTH 00009 '46" WEST A DISTANCE OF 55.33 FEET; THENCE SOUTH 89047 '23" EAST A DISTANCE OF 1441.84 FEET TO THE POINT OF BEGINNING. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, as amended by substitution. Cleo Washington, Chairman April 16, 1996 Right-of-Way Vacation A part of F.Jay Nimtz Parkway,located in the Southeast Quarter of Section 19,Township 38 North,Range 2 East, German Township,City of South Bend,St.Joseph County,Indiana,more particularly described as follows: Commencing at the southeast corner of Section 19,also being the southwest corner of Section 20;thence North 00°14'09"West a distance of 49.67 feet to the Point of Beginning;thence North 00°14'09"West a distance of 20.33 feet;thence North 89°47'23"West a distance of 331.96 feet;thence North 00°1T37"East a distance of 35.00 feet; thence North 89°47'23"West a distance of 1109.88 feet;thence South 00°09'46"West a distance of 50.00 feet;thence South 89°47'23"East a distance of 310.00 feet;thence South 00°09'23"West a distance of 15.00 feet;thence North 89°47'23"West a distance of 1042.30 feet to a point 90.00 feet west of the East Line of Section 19;thence Northeasterly approximately 90.52 feet to the Point of Beginning. S. ti QPR� Co � Co- \ c2;`)... 25-1018-0622 J S 25-101 ,di 4.`c4: . .„, • 0624 07 - � :. 25-1018— 0624.05 � 25-1018-0624.06 yr. a. Q M Q 4, 0 1 4 0 Filed in Clerk's Office. 4, APR 1 6 1996 Q- LORETTA J. DUDA CITY CLERK,SO.BEND,IN Petition to Vacate Public Rights-of-Way To the Common Council of the March 26, 1996 City of South Bend, Indiana We the undersigned property owner(s), petition you vacate: The Street Described as: A part of F.Jay Nimtz Parkway,from the East line of Section 19,Township 38 North, Range 2 East, German Township,City of South Bend,St.Joseph County, Indiana,running east-west to US 3 I Bypass (St.Joseph Valley Parkway),for a distance of approximately 1440 feet. more particularly described as follows: A part of F.Jay Nimtz Parkway,located in the Southeast Quarter of Section 19,Township 38 North, Range 2 East,German Township,City of South Bend,St.Joseph County,Indiana,more particularly described as follows: Commencing at the southeast corner of Section 19,also being the southwest corner of Section 20; thence North 00°14'09"West a distance of 49.67 feet to the Point of Beginning;thence North 00°14'09"West a distance of 20.33 feet;thence North 89°47'23"West a distance of 331.96 feet; thence North 00°12'37"East a distance of 35.00 feet;thence North 89°47'23"West a distance of 1 109.88 feet;thence South 00°09'46"West a distance of 55.33 feet;thence South 89°47'23"East a distance of 1 441.84 feet to the Point of Beginning. I, tta W ec J.seph . Wroblewski, President South Bend Redevelopment Authority 227 West Jefferson Boulevard 1200 County-City Building South Bend, Indiana 46601 25-1018-0622 Lot 4-Blackthorn Corporate Office Park CONTACT PERSON: James M. Riggs Blackthorn Project Manager City of South Bend 1200 County City Building South Bend, Indiana 46601 219-235-9371 March 5, 1996 Right-of-Way Vacation. The right-of-way to be vacated is located in the Southeast Quarter(SE 1/4) of Section 19, Township 38 North,Range 2 East,German Township, City of South Bend, Saint Joseph County, Indiana, more particularly descibed as follows: Commencing at the southeast corner of Section 19, also being the southwest corner of Section 20; thence North 00°14'09" West a distance of 49.67 feet to the Point of Beginning;thence North 00°14'09" West a distance of 20.33 feet; thence North 89°47'23" West a distance of 331.96 feet; thence North 00°12'37"East a distance of 35.00 feet; thence North 89°47'23" West a distance of 1109.88 feet; thence South 00°09'46"West a distance of 55.33 feet;thence South 89°47'23" East a distance of 1441.84 feet to the Point of Beginning. / ARC Q OF�`6- \' RCeOc�tA ° 8�AO ' 25-1018-0622 //<\\ 25-1018- `t 0624.07 ROAD Nt?. Z. lor 25-1018-0624.05 25-1018- . 0624.06 ................................................................................. ' Yyx.Cr:a;grt.tG"t Oat" DU TH ``L<r� 6'" \` °) City of South Bend v� \FACE/ .i •7 y %'f,'. rte- ." r a�/ Joseph E. Kernan, Mayor ''(":;,4, x �� • -77 1865 j,c` �''' Board of Public Works May 13, 1996 Members of the Common Council Council Chambers County-City Building,4th Floor South Bend,Indiana 46601 RE: Property Vacation-a part of F. Jay Nimtz Parkway 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 Vacation of Property on the following: Located in the Southeast Quarter of Section 19,Township 38 North,Range 2 East,German Township, City of South Bend,St.Joseph County,Indiana. Commencing at the southeast corner of Section 19,also being the southwest corner of Section 20, thence North 00 14'9" West a distance of 49.67 feet to the Point of Beginning;thence North 00 14'9"West a distance of 20.33 feet;thence North 89 47'23"West a distance of 331.96 feet;thence North 00 12'37"East a distance of 35.00 feet;thence North 89 47'23"West a distance of 1109.88 feet;thence South 00 09'46"West a distance of 55.33 feet;thence South 89 47'23" East a distance of 1441.84 feet to the Point of Beginning. For your information, the Board of Public Works received favorable recommendations from the Department of Economic Development,Department of Sanitation,City Attorney's Office,Fire Department, Police Department,Division of Engineering and the Area Plan Commission concerning this vacation subject to all utilities and easements. Copies of the recommendations received from these departments are attached for your review. Therefore,the Board submits to you a favorable recommendation concerning this vacation. Sincerely, di Angela . Jacob, • Attachments 1308 County-City Building•South Bend,Indiana 46601.219/235-9412•TDD(219)235-5567 John E.Leszczynski James R.Caldwell Jenny Pitts Manier