HomeMy WebLinkAboutVacate - portion of West Wayne St right of way from lot #288 of the Original Plat ORDINANCE No. 8062-90
Passed by the Common Council of the City of South Bend, Indiana
January 22, 90
19
Attest:
City Clerk
IRENE K. GAMMON
Attest: / d F41,,Z .71/1 r President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 23 , 90
IQ
City Clerk
IRENE K. GAMMON
Approved and signed by me January 26 19 90
Mayor
ORDINANCE NO. MO a- 90
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY:
A portion of West Wayne Street right-of-way from Lot #288 of the
Original Plat of South Bend.
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, subject to the reverter provision set forth below.
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:
That part of the West Half of the Northwest quarter of Section 12,
Township 37 North, Range 2 East, Portage Township, City of South
Bend, Indiana, being described as: Beginning at the Southwest
corner of Lot #288 in the recorded plat of "Original Plat of South
Bend" ; thence Easterly along the South line of said Lot and
parallel with the Northerly right-of-way of Wayne Street, 55. 00 ft.
for the true point of beinning; thence Southerly parallel with the
Westerly right-of-way of Michigan Street, 4. 00 ft. ; thence Easterly
parallel with the Northerly right-of-way line of Wayne Street,
14.00 ft. ; thence Northerly parallel with the Westerly right-of-way
line of Michigan Street, 4.00 ft. to the South line of said Lot;
thence Westerly along said South line 14.00 ft. to the point of
beginning. Containing 0.00128 acres.
hereby determines that it is desirable to vacate said property and
same is hereby vacated subject to the reverter provision in Section
V below.
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: Southwest corner of Lot
#288 of the Original Plat of South Bend (commonly known as 111 W.
Wayne Street) .
SECTION IV. The purpose of the vacation of the real property
is to:
Allow for the construction of a "greenhouse" area for an adjacent
floral shop.
SECTION V. In the event that the vacated property ceases to be
used as a "greenhouse" area for the adjacent floral shop, this
vacation shall be void and the property shall revert to public
right-of-way status.
•
PETITION TO VACATE PUBLIC RIGHT--OF-WAY
TO THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA DATE November 22, 1989
WE, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE :
A. A portion of the sidewalk in the Public Right-Of-,Way
adjacent to 111 W. Wayne Street: SEE ATTACHED LEGAL
DESCRIPTION
The petitioner proposes to construct a 14 ' x 4 ' Greenhouse
on the vacated Right-of-Way property.
The petitioner is the only property owner within 50 ' of the
exterior boundaries of the proposed Right-of Way property
to be vacated.
The petitioner is the only private property owner affected
by this petition.
The following list represents the names and addresses of all
owners of land that is located within fifty (50) feet of the
exterior boundaries of the Right-of-Way property:
Wayne Place Limited Partnership 3930 Edison Parkway
Suite 200
Mishawaka, IN 46545
•
NAME: ADDRESS :
3930 Edison Lakes Parkway, Suite 200
Donal Cr. sy Mishawaka, Indiana 46545
_. . . .
.` ' PEIRCE & ASSOCIATES
Land Surveyors & Professional Engineers
•
H. Douglas Peirce L.S. •
Ronald Hamer L.S.
Lawrence Merritt P.E. .
• Michael J. Dauch L.A. •
•
Michael A. Bramlett P.E.
-,
Survey Ordered By: James A. Cook
Survey Dated: June 5, 1989 ;
File # 882146 .
I
. . LEGAL DESCRIPTION FOR FLORIST GREENHOUSE
. . M.
THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP
37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, INDIANA BEING
DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 288 IN THE RECORDED
PLAT OF "ORIGINAL PLAT' OF SOUTH BEND"; THENCE EASTERLY ALONG THE SOUTH LINE'
OF SAID LOT AND PARALLEL WITH THE NORTHERLY RIGHT-OF-WAY OF WAYNE STREET,.
55.00 FT. FOR THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY PARALLEL WITH THE
WESTERLY RIGHT-OF-WAY OF MICHIGAN STREET, 4.00 FT. ; THENCE EASTERLY PARALLEL .
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF WAYNE STREET, 14.00 FT'. ; THENCE'
NORTHERLY PARALLEL WITH THE WESTERLY 'RIGHT-OF-WAY LINE OF MICHIGAN STREET,' .
4.00 FT. TO THE SOUTH : LINE OF SAID LOT; • THENCE WESTERLY ALONG SAID SOUTH
LINE 14.00 FT. TO THE POINT OF .BEGINNING.
CONTAINING 0.00128 ACRES.
•
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H. Douglas Peirce L.S. # S 0318 =T1,/.. ..., ee..iq �� •
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File # 882146 LEWP MD REZ. DISK # 2
52578 U.S. //33 North, P.U. Box 8160, South Bend, Indiana 46637 219/277-5381 Fax 219/277-8012
•200 North Cass, Berrien Springs, Michigan 49103 616/471-3010.
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RESSY
EVERETT
COMMERCIAL COMPANY
November 21, 1989
City of South Bend
County-City Building
South Bend, IN 46601
To Whom it May Concern:
Wayne Place Limited Partnership is petitioning to vacate the said portion of the public
sidewalk on Wayne Street adjacent to Ehninger's Florist. The only affected party within
50 feet of the said portion of the sidewalk is Wayne Place Limited Partnership.
Thank you very much.
Respectfully,
'
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2' (.
Christ6pher Davey
CD/dm
Enclosure
Suite 200
. 3930 Edison Lakes Parkway
I
Mishawaka,Indiana 46545
219/271-4060•219/674-9539•616/683-1994
REALTOR® FAX 219/271-4292