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HomeMy WebLinkAboutVacating - Unimproved Public rights of way over and on the Maple Land School Property ORDINANCE No. 8033-89 Passed by the Common Council of the City of South Bend, Indiana October 23 , 89 I0 Attest: City Clerk IRENE K. GAMMON Attest: ALL.4lr1 .1 ,110 President of Common Council // Presented by me to the Mayor of the City of South Bend, Indiana October 24, 89 IQ City Clerk IRENE K. GAMMON 2 4 8 9 Approved and signed by me October zg Mayor t F Y' AMENDED BILL NO. ORDINANCE NO. OO_ AN ORDINANCE VACATING CERTAIN UNNAMED AND UNIMPROVED PUBLIC RIGHTS-OF-WAY OVER AND ON THE MAPLE LANE SCHOOL PROPERTY 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 properties located in South Bend, St. Joseph County, Indiana: PARCEL NO. 1. Beginning at a point Sixty-five (65) feet South of the South West corner of Lot Numbered Two Hundred Fifty-six (256) Maple Lane Addition. Lot is located at the North East corner of Maple Lane and Rose Street; thence South 661 feet; thence West Fifty (50) feet; thence North 661 feet, thence East Fifty (50) feet to place of beginning. PARCEL NO. 2. Beginning at the North West corner of Lot Numbered 48, Edison Park Addition Section B, which Lot is located at the South West corner of Rose Street and Gordon Drive. Thence South along the West line of Edison Park Addition Section B, 661 feet more or less to the North line of Edison Park Addition Section B; thence West thirty ( 30) feet; thence North 661 feet more or less to the South right-of-way line to Rose Street; thence East fifty (50) feet to the point of beginning. hereby determines that it is desirable to vacate said properties. 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 i r�rlii nlvl 11i-414 -Firma SECTION III . The following property may be beneficially affected by such vacating: The Maple Lane School property, 2402 East Rose Street, South Bend, St. Joseph County, Indiana, more particularly described as follows: A part of the South Half of the Southwest Quarter of Section 32, Township 38 North, Range 3 East described as follows, to wit: Beginning at a point 399 feet East of the Northwest corner of the South Half of the Southwest Quarter of Section 32, Township 38 North, Range 3 East, which said point is on the center line of 23rd Street, now Terrace Lane, produced Southward as shown on the recorded Plat of the Town of Maple Lane; thence South along said center line of said street produced Southward a distance of 661 feet; thence East 648 feet to the center line extended Southward of Northern Avenue as shown on the recorded Plat of the Town of Maple Lane; thence North along the centerline of said Northern Avenue produced Southward a distance of 661.03 feet to the North line of South Half of the Southwest Quarter; thence West on said North line a distance of 648 feet to the place of beginning, excepting therefrom the following described tract of land; Beginning at a point 713 .8 feet East and 30 feet South of the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 32, which point is 60 feet South of the Southwest corner of Lot 256 Maple Lane Subdivision; thence South 281.03 feet on the East line of Maple Lane Avenue produced South; thence East 310 feet; thence North 281.03 feet to a point 30 feet South of the North line of said Southwest Quarter of Southwest Quarter; thence West 310 feet to the place of beginning. AND ALSO, A tract of land in the Southwest Quarter of the Southwest Quarter of Section 32, Township 38 North, Range 3 East, described as follows: Beginning at a point 713.8 feet East and 30 feet South of the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 32, which point is 60 feet South of the Southwest corner of Lot 256 Maple Lane Subdivision; thence South 281.03 feet on the East line of Maple Lane Avenue produced South; thence East 310 feet; thence North 281.03 feet to a point 30 feet South of the North line of said Southwest Quarter of Southwest Quarter; thence West 310 feet to the place of beginning. Containing 2 acres. SECTION IV. The purpose of the vacation of the real property is to facilitate the use and occupancy of the Maple Lane School property by the United States Army as an Army Reserve Center. 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. e • of the Comm•„' ouncil OCT tAta 9 1989 1st READING i°`a' PUBLIC HEARING /6-c13-�1 '' ENE GAWP `' 3 rd READING /D-d 3- Pv ,s'!rzs R : NOT APPROVED REFERRED PASSED /U �� _d "��� CEO any czti G• AMENDED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY TO THE COMMON COUNCIL OF THE DATE 001-nhPr 9 , 1989 CITY OF SOUTH BEND, INDIANA Pursuant to I .G. 36-1-11-8 , the City of South Bend, acting by and through its Board of Public Works, acquired from the South Bend Community School Corporation on March 20, 1989, title to what is commonly referred to as the Maple Lane School property (2402 East Rose Street, South Bend, Indiana) , the exact legal description of which appears in the Quit-Claim Deed transferring such title, a true and complete copy of which is attached hereto, marked as Exhibit "A," and is incorporated herein. Certain portions of said Maple Lane School property were dedicated to the public for use as public highways, by the Deed of Dedication executed on August 24, 1945 by Cortland and Florence DuComb, a true and complete copy of said Deed of Dedication is attached hereto, marked as Exhibit "B," and is incorporated herein. The undersigned representative of the Board of Public Works of the City of South Bend, Indiana, property owner, petitions to vacate the following-described unimproved streets located in the City of South Bend: PARCEL NO. 1. Beginning at a point Sixty-five (65) feet South of the South West corner of Lot Numbered Two Hundred Fifty-six ( 256) Maple Lane Addition. Lot is located at the North East corner of Maple Lane and Rose Street; thence South 661 feet; thence West Fifty (50) feet; thence North 661 feet, thence East Fifty (50) feet to place of beginning. PARCEL NO. 2. Beginning at the North West corner of Lot Numbered 48, Edison Park Addition Section B, which Lot is located at the South West corner of Rose Street and Gordon Drive. Thence South along the West line of Edison Park Addition Section B, 661 feet more or less to the North line of Edison Park Addition Section B; thence West thirty (30) feet; thence North 661 feet more or less to the South right-of-way line to Rose Street; thence East fifty (50) feet to the point of beginning. The proposed transfer and occupancy of the Maple Lane School by the United States Army for use as an Army Reserve Center necessitates the vacation of said public rights-of-way. 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Kolata Executive Director Deputy Executive Director October 2, 1989 Ms. Ann Puzzello, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Petition and Ordinance Concerning the Vacation of Public Rights-of-Way Over and Upon the Maple Lane School Property at 2402 East Rose Street, South Bend, Indiana Dear Ms. Puzzello: Attached for filing are a Petition and an Ordinance requesting and approving the vacation of three ( 3) unnamed, unplatted and unimproved public rights-of-way existing on the Maple Lane School property acquired last Spring by the City of South Bend from the South Bend Community School Corporation. Pursuant to Resolution 89-3 of the Board of Public Works, the Department of Economic Development is acting as the representative of the Board and City in filing and presenting this Petition and this Ordinance. The vacations are requested in order to facilitate the proposed use and occupancy of the Maple Lane School property by United States Army Reserve Center operations currently housed at the Northside Reserve Center in South Bend and a facility in Niles, Michigan. As the rights-of-way in question are unimproved, their vacation works no injury or inconvenience to the public. Your favorable consideration is respectfully requested. Sincerely, A477-141/ Jon Hunt Department of Economic Development bcc: David Roos C:LETTERS 1200 County-City Building • South Bend, Indiana 46601 • 219/284-9371 Fax 219/284-9892 Redevelopment Economic Development Housing Rehabilitation Financial & Program Human Rights Ann Kolata & Business Assistance Kathryn Baumgartner Management Mary E. Allen 284-9371 Donald Inks 521 Eclipse Place Elizabeth Leonard 284-9355 284-9335 284-9475 284-9335 1 it A'_\ .'//v 11 v=,� \ 7 r/ % City of South Bend lll�v).**- --7)//.24/ Joseph E. Kernan, Mayor Board of Public Works October 17 , 1989 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: VACATION OF CERTAIN UNNAMED AND UNIMPROVED PUBLIC RIGHTS- OF-WAY OVER AND ON THE MAPLE LANE SCHOOL PROPERTY 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 Mr. Jon R. Hunt, 1200 County-City Building, South Bend, Indiana, as a representative of the City of South Bend Board of Public Works, to vacate the following property: PARCEL NO. 1. Beginning at a point Sixty-five (65 ) feet South of the South West corner of Lot Numbered Two Hundred Fifty-six ( 256) Maple Lane Addition. Lot is located at the North East corner of Maple Lane and Rose Street; thence South 661 feet; thence West Fifty ( 50) feet; thence North 661 feet, thence East Fifty ( 50) feet to place of beginning. PARCEL NO. 2. Beginning at the North West corner of Lot Numbered 48, Edison Park Addition Section B, which Lot is located at the South West corner of Rose Street and Gordon Drive. Thence South along the West line of Edison Park Addition Section B, 661 feet more or less to the North line of Edison Park Addition Section B; thence West thirty ( 30) feet; thence North 661 feet more or less to the South right-of-way line to Rose Street; thence East fifty ( 50) feet to the point of beginning. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys i 4 1 MEMBERS OF THE COMMON COUNCIL October 17, 1989 Page -2- For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on October 16, 1989. A copy of the minutes of the Public Hearing is attached for your information. Mr. David Roos, Department of Economic Development, was present and spoke in favor of the proposed vacation. The vacation of the above referred to rights-of-way is required to clear title for the proposed transfer and occupancy of the Maple Lane School to the United States Army for use as an Army Reserve Center. Based on favorable comments received by the Board, a favorable recommendation to vacate the above referred to unnamed and unimproved public rights-of-way, subject to any and all utility easements, is being submitted at this time. Sincerely, BOARD OF PUBLIC WORKS 7Y3. Ta ' // Sandra M. Parmerlee, Clerk smp Enc.