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Home My WebLink About10735-20 Abonmarche Alley VacationORDINANCE No. 0735-20 Passed by the Common Council of the City of South Bend, Indiana Attest: Dawn M. Jones Attest: .l run. August 24, 2020 /k Presented by me to the Mayor of the City of South Bend, Indiana August 24, 2020 Clerk President of Common Council dGGl/KJ City Clerk Dawn M. Jones Approved and signed by me Z( 20 A Mayor BILL NO. 35-20 ORDINANCE NO. 10735-20 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Business Center Drive and the west half of a cul-de-sac ofAmeritech Drive all South of Cleveland Road and directly East of the St. Joseph Valley Parkway 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: Business Center Drive and the west half ofa cul-de-sac ofAmeritech Drive all South of Cleveland Road and directly East of the St. Joseph Valley Parkway furthermore described as: BUSINESS CENTRE DRIVE RIW VACATION PART OF THE RIGHT OF WAY AS SHOWN ON THE RECORDED PLAT OF US 31 BUSINESS CENTRE PHASE 1, INSTRUMENT NUMBER 0401210, ST. JOSEPH COUNTY RECORDER, AND BEING A PART OF THE NORTHEAST 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 NORTHWEST CORNER OF LOT 5 AS SHOWN ON SAID PLAT; THENCE NORTH 890 43' 08" EAST ALONG THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 51.51 FEET TO THE SOUTHWEST CORNER OF BUSINESS CENTRE DRIVE AS SHOWN ON SAID PLAT AND BEING THE POINT OF BEGINNING; THENCE NORTH 000 4749" WEST ALONG THE WEST LINE OF SAID BUSINESS CENTER DRIVE 60.00 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SAID PLAT; THENCE THE FOLLOWING THREE COURSES ALONG THE SOUTHERLY LINE OF SAID LOT 1: (1) THENCE NORTH 890 43' 08" EAST A DISTANCE OF 96.48 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET AND SUBTENDED BY A CHORD BEARING NORTH 730 14' 08" EAST 96.47 FEET; (2) THENCE 97.81 FEET ALONG SAID CURVE TO THE POINT OF CURVATURE OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET AND SUBTENDED BY A CHORD BEARING NORTH 560 12' 50" EAST 24.67 FEET; (3) THENCE 24.68 FEET ALONG SAID CURVE TO THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND SUBTENDED BY A CHORD BEARING SOUTH 040 50' 57" WEST 74.49 FEET; THENCE 84.04 FEET ALONG SAID CURVE; THENCE SOUTH 43° 18' 05" EAST A DISTANCE OF 8.29 FEET TO THE NORTHERLY LINE OF LOT 4 OF SAID PLAT AND BEING THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET AND SUBTENDED BY A CHORD BEARING NORTH 590 56'24" WEST 8.59 FEET; THENCE 8.71 FEET ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID LOT 4 TO THE NORTHWEST CORNER OF SAID LOT 4 AND BEING THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET AND SUBTENDED BY A CHORD BEARING SOUTH 830 22'55" WEST 10.28 FEET; THENCE 10.49 FEET ALONG SAID CURVE AND ALONG THE NORTHERLY LINE OF SAID LOT 5 TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET AND SUBTENDED BY A CHORD BEARING SOUTH 760 31' 49" WEST 104.95 FEET; THENCE 105.88 FEET ALONG SAID CURVE AND SAID NORTHERLY LINE; THENCE SOUTH 89'43'08" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 88.20 FEET TO THE POINT OF BEGINNING. CONTAINING 11,692 SF (0.27 ACRES) MORE OR LESS AND SUBJECT TO ALL COVENANTS, RIGHTS-OF-WAY, AND EASEMENTS OF RECORD. AMERITECH DRIVE R/W VACATION PART OF THE RIGHT OF WAY AS SHOWN ON THE RECORDED PLAT OF PARK ONE NORTHWEST, INSTRUMENT NUMBER 8515748, ST. JOSEPH COUNTY RECORDER, AND BEING A PART OF THE NORTHEAST 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: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, AS SHOWN ON THE RECORDED PLAT OF US 31 BUSINESS CENTRE PHASE 1, INSTRUMENT NUMBER 0401210, ST. JOSEPH COUNTY RECORDER, AND BEING THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET AND SUBTENDED BY A CHORD BEARING NORTH 570 52' 22" WEST 55.37 FEET; THENCE 57.55 FEET ALONG SAID CURVE AND THE EASTERLY LINE OF LOT 3A, AS SHOWN ON THE RECORDED PLAT OF PARK ONE NORTHWEST FIRST REPLAT, INSTRUMENT NUMBER 0320042, ST. JOSEPH COUNTY RECORDER, TO THE NORTHEAST CORNER OF SAID LOT 3A AND THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET AND SUBTENDED BY A CHORD BEARING NORTH 70 48'55" EAST 74.23 FEET; THENCE 80.03 FEET ALONG SAID CURVE AND THE EASTERLY LINE OF LOT 4 OF SAID PARK ONE NORTHWEST TO THE POINT OF REVERSE CURVATURE OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND SUBTENDED BY A CHORD BEARING NORTH 220 36' 48" EAST 27.82 FEET; THENCE 28.60 FEET ALONG SAID CURVE AND SAID EASTERLY LINE; THENCE SOUTH 00'48'00" EAST A DISTANCE OF 15.37 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND SUBTENDED BY A CHORD BEARING SOUTH 110 13' 05" EAST 72.33 FEET; THENCE 72.73 FEET ALONG SAID CURVE; THENCE SOUTH 21° 38' 10" EAST A DISTANCE OF 12.11 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND SUBTENDED BY A CHORD BEARING SOUTH 130 18' 04" EAST 31.94 FEET; THENCE 32.05 FEET ALONG SAID CURVE TO THE POINT OF BEGINNING. CONTAINING 3,331 SF (0.08 ACRES) MORE OR LESS, AND SUBJECT TO ALL COVENANTS, RIGHTS-OF-WAY, AND EASEMENTS OF RECORD. 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 I & 5 US 31 Business Centre Phase 1, Lot 3A Park One Northwest Minor #1 First Replat, and Lot 4 Park One Northwest Section IV. The purpose of the vacation of the real property is the property that Business Center Drive was intended to serve will be fully developed and a street is not necessary to provide access. The cul-de-sac is not present and it is desired to have the property line follow the location of Ameritech Drive. 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. Karen ite, Council President South Bend Common Council Attest: Dawn M. Jones, City Cl Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the 25 day of AuousT 2020, at �t o'clock. In. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the W� day of A %k v i 2020, at t' o'clock I.m.7- JamesfMueller, Mayor City of South Bend, Indiana