HomeMy WebLinkAbout9500-04 Transfer a portion of Kennedy Park from the Board of Park Commissioners to the Civil City of South BendORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
April 12,
Attest:
Attest:
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20 04
Presented by me to the Mayor of the City of South Bend, Indiana
April 13, 20 04
City Clerk
Vice
President of Common Council
City Clerk
Approved and signed by me April 14, 20 04
Mayor
ORDINANCE NO. d l 50~ - ~~ .
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO
TRANSFER A PORTION OF KENNEDY PARK FROM THE BOARD OF PARK
COMMISSIONERS TO THE CIVIL CITY OF SOUTH BEND
STATEMENT OF PURPOSE AND INTENT
The Civil City of South Bend wishes to straighten and make other improvements to Bendix
Drive. In order to accomplish this, a small portion of the north side of Kennedy Park is needed for
this project. Upon a motion at its meeting of March 15, 2004, the South Bend Board of Park
Commissioners, recommended that 0.374 acres of the northern portion of Kennedy Park, which
portion is described in the attached Exhibit "A", be transferred to the Civil City of South Bend. The
Common Council, under I.C. 36-10-4-18 has the authority to transfer park land.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND as follows:
Section 1. That a portion of the north side of Kennedy Park, which portion is more
particularly described in Exhibit "A", be transferred to the Civil City of South Bend for its own use
including potential conveyance to third parties in accordance with Indiana statutes.
Section 2. The proceeds of any sale of the land described in Exhibit "A" shall be credited
pro rata to the Park Department and the proceeds shall be expended for the improvement of the
remaining park land or for purchase of other land for park purposes.
Section 3. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
/ ~~/ ~~~~
Member, South Bend Common Council
1 st READING ~ r ~~ O~
PUBLIC HEARING y`~Z-~~~
3rd READING ~-\Z.'~`~
NOT APPROVED
REFERRED
PASSED ~--~Z-` ~~
Filed in Clerk's ~tflcs
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CTfY ~ !0. BEt~ III,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
23-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
TO TRANSFER A PORTION OF KENNEDY PARK FROM THE BOARD
OF PARK COMMISSIONERS TO THE CIVIL CITY OF SOUTH BEND
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.
Sean Coleman
Chairman
EXHIBIT "A"
A PART OF LOT NUMBER ONE HUNDRED EIGHTY-THREE (183) THROUGH
LOT NUMBER ONE HUNDRED NINETY-SEVEN (197), INCLUSIVE, AS THE
SAID LOTS ARE KNOWN AND DESIGNATED ON THE PLAT OF KALEY'S
2ND SUBDIVISION; SAID PLAT BEING RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY IN PLAT BOOK 8, PAGE 44, A PART
OF LOT NUMBER TWO HUNDRED NINETY-THREE (293) AS THE SAID LOT
IS KNOWN AND DESIGNATED ON THE PLAT OF KALEY'S THIRD
SUBDIVISION; SAID PLAT BEING RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY IN PLAT BOOK 9, PAGE 10, A PART
OF LOT NUMBER SEVENTY-TWO (72) AS THE SAID LOT IS KNOWN AND
DESIGNATED ON THE PLAT OF LINCOLN MANOR 3RD ADDITION; SAID
PLAT BEING RECORDED IN THE OFFICE OF THE RECORDER OF ST.
JOSEPH COUNTY 1N PLAT BOOK 12, PAGE 87 AND A PORTION OF THE
RIGHT OF WAYS OF THE STREETS AND ALLEYS WHICH ADJOIN TO THE
ABOVE DESCRIBED LOTS, ALL THE ABOVE BEING SITUATED IN THE
SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 37 NORTH, RANGE 2
EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE INTERSECTION OF
BERTRAND AVENUE AND MEADE STREET, ALSO BEING THE
SOUTHEAST CORNER OF LOT NUMBER TWO HUNDRED (200) AS THE
SAID LOT IS KNOWN AND DESIGNATED ON THE PLAT OF SAID KALEY'S
2ND SUBDIVISION; THENCE SOUTH 89 DEGREES 32 MINUTES 49 SECONDS
WEST ALONG THE NORTH RIGHT OF WAY LINE OF BERTRAND AVENUE,
A DISTANCE OF 146.53 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE CONTINUING SOUTH 89 DEGREES 32 MINUTES
49 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF
BERTRAND AVENUE, A DISTANCE OF 551.30 FEET; THENCE SOUTH 89
DEGREES 31 MINUTES 50 SECONDS WEST ALONG THE NORTH RIGHT OF
WAY LINE OF BENDIX DRIVE, A DISTANCE OF 410.29 FEET, TO A POINT
WHICH IS NORTH 89 DEGREES 31 MINUTES 50 SECONDS EAST, A
DISTANCE OF 104.72 FEET FROM THE SOUTHWEST CORNER OF LOT
NUMBER SEVENTY-TWO (72) OF SAID LINCOLN MANOR 3RD ADDITION;
THENCE NORTH 00 DEGREES 28 MINUTES 10 SECONDS WEST, A
DISTANCE OF 4.20 FEET; THENCE NORTH 87 DEGREES 13 MINUTES 40
SECONDS EAST, A DISTANCE OF 409.05 FEET; THENCE NORTH 88
DEGREES 29 MINUTES 25 SECONDS EAST, A DISTANCE OF 89.89 FEET;
THENCE NORTH 89 DEGREES 45 MINUTES 10 SECONDS EAST, A
DISTANCE OF 350.96 FEET TO THE POINT OF CURVATURE OF A 315.00
FOOT RADIUS CURVE TO THE RIGHT, CONCAVE TO THE SOUTH;
THENCE EASTERLY ALONG THE ARC OF SAID 315.00 FOOT RADNS
CURVE, A DISTANCE OF 114.64 FEET (CHORD BEARING SOUTH 79
DEGREES 49 MINUTES 17 SECONDS EAST, CHORD DISTANCE 114.01
FEET) TO THE POINT OF BEGINNING OF THIS DESCRIPTION CONTAINING
16,183 SQUARE FEET OR 0.372 OF AN ACRE, MORE OR LESS, BEING
SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND PUBLIC RIGHTS OF
WAY OF RECORD.
Filed In Clerk's Office
JOHN YQORDE
CI'iY CLERK, S0. BEND, iN._
March 16, 2004
Karen White, President
South Bend Common Council
4`h Floor County-City Building
South Bend, IN 46601
Re: Sale of Portion of Kennedy Park
Dear Ms. White:
The Board of Park Commissioners of South Bend at its regularly scheduled meeting on
March 15, 2004, upon motion recommended the sale of a portion of Kennedy Park to the Civil
City of South Bend, which portion totaled 0.374 acres.
While the property is to be transferred at this time to the Civil City of South Bend, the
Ordinance is presented to show unquestioned compliance with I.C. 36-10-4-18.
I will be available to answer any questions before the appropriate Common Council
Committee.
Thank you for your consideration.
Yours truly,
Phil St. Clair, Park Superintendent
Filed Ir ~i~:t: ~ ~t6;e
P~4AR 1 ? ?~~4
JOHN VOORDE
CITY C! EPK, `:0. BEND, ttR
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