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HomeMy WebLinkAboutVacate - Dedicated but unimproved Street within the city of South Bend known as Nutek Drive ORDINANCE No. 8028-89 Passed by the Common Council of the City of South Bend, Indiana October 9, 89 r9 Attest: � �` .�_�a._.,J ! - -" City Clerk IRENE K. GAMMON Attest: //QUA r` President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 10, 89 19 City Clerk IRENE K. GAMMON Approved and sired by me OCtEkiVt... 1 Ig g Mayor Bill No. ORDINANCE NO. zid( F- 3 9 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A DEDICATED BUT UNIMPROVED STREET WITHIN THE CITY OF SOUTH BEND, INDIANA KNOWN AS NUTEK DRIVE 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 hereby determines that it is desirable to vacate such property: A dedicated but unimproved street within the City of South Bend, Indiana known as Nutek Drive as shown on the recorded Plat of Landmark Business Park, Section Four, Part One, Recorded as Instrument No. 8614459 . 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: a. Lot 10, Landmark Business Park, Section Four, Part One, owned by Automatic Molded Plastics, Inc. , 3603 Progress Drive, South Bend, Indiana 46628 b. Lot 11, Landmark Business Park, Section Four, Part One, held by James A. Masters, as Trustee under a Trust Agreement dated July 15, 1988 known as Trust No. 71588, (James P. Conboy, Jr. and David L. Matthews, beneficial owners) . c. Real estate located in the East half of the Northwest Quarter of Section 19, Township 38 North, Range Two East, in German Township, St. Joseph County, Indiana proposed to be platted as Lot 8, Landmark Business Park, Section Six, Part One, held by James A. Masters, as Trustee under a -2- SECTION IV. The purpose of the vacation of the real property is to clear title to the real estate to be platted as Lot 8, Landmark Business Park Section Six, Part One, by eliminating the dedicated right-of-way for Nutek Drive. Nutek Drive was dedicated in the preliminary plat of Landmark Business Park but has never been improved and is not needed for the growth or orderly development of Landmark Business Park or to provide access to abutting real estate. 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. (712 / r�i1�/ M-m.- of the C•r 4n Council 1st READING q-(4)5 P� FE`r FLEA?,ING /o" 3rd READING t-9- e? NOT APPROVED REFERRED G A a PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE: September 5 , 1989 OF THE CITY OF SOUTH BEND, INDIANA • We, the undersigned property owners, petition you to vacate: The Street described as: That dedicated but unimproved street named "Nutek Drive" as shown on the recorded Plat of Landmark Business Park, Section Four, Part One, Recorded as Instrument No. 8614459 (copy attached) . The undersigned are owners of the real estate to be vacated and are owners of the following described abutting real estate affected by this vacation. LOTS AFFECTED BY STREET NAME ADDRESS VACATION i -' ` fr" Suite 505 Real Estate to Jame- P. Con•', Jr. SOF 224 W. Jefferson Blvd. be platted as South Bend, IN 46601 Lot 8 Landmark Business Park, Section Six, Part One /:".. . ,,,.4 /�'��� /' ��� 205 W. Jefferson Blvd. David . Matt ews South Bend, IN 46601 , * 307 First Interstate Lot 11 Landmark Jame- A. Masters, as Trustee Bank Building Business Park, und=r a Trust Agreement 112 W. Jefferson Blvd. Section Four, d. ed July 15, 1988 known South Bend, IN 46601 Part One as Trust No. 71588 (James P. Conboy, Jr. and David L. Matthews, beneficial owners) Irene Gammon CONTACT PERSON: City Clerk James A. Masters Room 455 NEMETH, MASTERS & LEONE County-City Building 307 First Interstate Bank South Bend, IN 46601 112 W. Jefferson Blvd. South Bend, IN 46601 (219) 234-0121 5�'UT$ry8�\\\�' Fes. 11/ City of South Bend /// ?a j Joseph E. Kernan, Mayor Board of Public Works September 25 , 1989 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: STREET VACATION: DEDICATED BUT UNIMPROVED STREET KNOWN AS NUTEK DRIVE 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 Petition filed by Contact Person James A. Masters, Nemeth, Masters & Leone, 307 First Interstate Bank, 112 West Jefferson Boulevard, South Bend, Indiana, on behalf of the following Petitioners: 1. James P. Conboy, Jr. Suite 505 224 West Jefferson Blvd. South Bend, Indiana 2. David L. Mathews 205 West Jefferson Blvd. South Bend, Indiana 3 . James A. Masters, as Trustee under a Trust Agreement dated July 15, 1988 known as Trust No. 71588 (James P. Conboy, Jr. and David L. Matthews, beneficial owners) to vacate the following street: That dedicated but unimproved street named "Nutek Drive" as shown on the recorded Plat of Landmark Business Park, Section Four, Part One, Recorded as Instrument No. 8614459 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys MEMBERS OF THE COMMON COUNCIL SEPTEMBER 25, 1989 PAGE -2- For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on September 25, 1989. Mr. James A. Masters, Nemeth, Masters & Leone, 307 First Interstate Bank, 112 West Jefferson Blvd. , South Bend, Indiana was present on behalf of the Petitions. Mr. Masters advised the Board that the purpose of this vacation is to clear title to the real estate to be platted as Lot 8 , Landmark Business Park Section Six, Part One, by eliminating the dedicated right-of-way for Nutek Drive. Nutek Drive was dedicated in the preliminary plat of Landmark Business Park but has never been improved and is not needed for the growth or orderly development of Landmark Business Park or to provide access to abutting real estate. Based on favorable comments received from the Area Plan Commission, the Engineering Department and the Department of Economic Development, the Board favorably recommends the vacation of the above referred to street subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk smp Enc.