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Home My WebLink AboutVacate - Dedicated but unimproved street within the city of South Bend a. ORDINANCE No. 7908-88 Passed by the Common Council of the City of South Bend, Indiana August 22, 19 88 Attest: City Clerk IRENE K. GAMMON Attest: - President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 23 ,19 88 City Clerk IRENE K. GAMMON Approved and signed by me August 24, 19 88 e.. Mayor • Bill No. 75-88 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A DEDICATED BUT UNIMPROVED STREET WITHIN THE CITY OF SOUTH BEND, INDIANA KNOWN AS CLARK 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 Clark Drive and legally described as follows : A tract of land in the North Half of Section 19 , Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana said tract more particularly described as follows: Commencing at the Northwest corner of Lot 7 of Landmark Business Park, Section One, and Recorded as Instrument No. 8401171 in the Office of the Recorder of St. Joseph County, Indiana; thence N 89° 43 ' 00" E, 432.22 feet to the PC of a 20. 00 radius curve to the right; thence along said 20.00 foot radius curve, through a central angle of 510 19 ' 04" , a chord length of 17.32 ' which bears S 64° 37 ' 28" E, an arc distance of 17. 91 feet to a point on a non-tangent 70. 00 foot radius curve; thence along said 70.00 foot radius curve to the right, through a central angle of 41° 44 ' 04" , a chord length of 49 . 87 feet, which bears N 21° 43 ' 57" W, an arc distance of 50.99 feet to the PT of said curve; thence N 00° 54 ' 38" W, 71. 64 feet to the PC of a 50.00 foot radius curve; thence along said 50. 00 foot radius curve, concave to the Northwest, through a central angle of 90° 37 ' 38" , a chord length of 71. 10 ' which bears S 440 24 ' 11" W, an arc distance of 79.09 feet; thence S 89° 43 ' 00" W, 379 .45 feet; thence S 00° 54 ' 38" E, 60.00 feet to the place of beginning. • . SECTION III . The following property may be injuriously or beneficially affected by such vacating: a. Lot 7, Landmark Business Park, Section 1, owned by Clark Information Technologies. b. Real estate proposed to be platted as Lot 8, Landmark Business Park, owned by James P. Conboy, Jr. and David L. Matthews , legally described as follows : All of that part of the Southeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 19 , Township 38 North, Range 2 East, excepting therefrom those areas previously platted as Landmark Business Park. c. Real estate 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) , which is to be platted as Lot 9, Landmark Business Park Section Four, Part Two, legally described as follows : A tract of land in the North half of section 19 , Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana, said tract more particularly described as follows: Commencing at the North Quarter corner of said section 19; thence S 00° 54 ' 38" E, on and along the north-south certerline of said section 19 , 110. 75 feet to the south right-of- way line of Brick road; thence N 88° 47 ' 24" W, along said south line, 519. 31 feet; thence S 00 ° 54 ' 38" E, 1002.25 feet; thencce N 89° 55 ' 36" E, 18. 97 feet; thence S 00° 54 ' 38" E, 311.85 feet to the true place of beginning, said point being the southwest corner of Lot 10 as shown on the recorded plat of Landmark Business Park, Section Four, Part One, and recorded as Instrument No. 8614459 in the Office of the Recorder of St. Joseph County, Indiana; thence N 89° 43 ' 00" W, 155.90 feet, thence S 00° 54 ' 38" E, 317. 75 feet to the westward projection of the centerline of Clark Drive; thence N 89° 43 ' 00" E, along said projection and said centerline of Clark Drive, 585. 90 feet; thence N 00° 54 ' 38" W, 371. 75 feet; thence S 89° 43 ' 00" W 430.00 feet to the place of beginning. Said tract contains 5 . 000 acres, more or less. SECTION IV. The purpose of the vacation of the real property is to clear title to the real estate to be platted as Lot 9 , Landmark Business Park Section Four, Part Two, by eliminating the dedicated right-of-way for Clark Drive. Clark Drive was dedicated in the preliminary plat of Landmark Business Park but has never been improved and is no longer 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 • • APPRAISE -ALL company August 9, 1988 Mr. James Masters Attorney at Law First Interstate Bank Bldg. Suite 305 112 W. Jefferson Blvd. South Bend, IN 46601 Dear Mr. Masters: At your request, I appraised the property described as follows: Clark Drive as recorded in Section 1, Landmark Business Park. This is a dedicated unimproved right-of-way being 60 feet in width (north and south) and 500 feet in length (east and west) totally 30,000 square feet, plus or minus. In the Landmark Business Park plat this proposed street was to provide access from Technology Drive to the vacant land to the west. The plat has been changed that allows alternate access. The developer and/or adjacent property owners have no need or interest in improving Clark Drive. Therefore, the adjacent properties are requesting a vacation of the right-of-way. The South Bend City Ordinance requires that any vacation in excess of 3, 200 square feet be appraised. The subject property is not adequate to be improved for construction of any building and therefore has no contributory value to the adjacent property owners. Since it is unimproved it has no value to the City of South Bend. If it was returned to private ownership, then it would become taxable and provide income to the local governments. Therefore, in my opinion, the market value of the subject • property as of August 9, 1988 is: No ($0.00) Dollars 922 E. JEFFERSON BLVD. , SOUTH BEND, IN 46617 (219) 232-3660 �,II • Page Two Appraisal Mr. Masters ASSUMPTION AND LIMITING CONDITIONS The property rights being appraised are those of fee simple ownership. The appraiser assumes no responsibility for matters legal in nature, and does not render opinion of title, which is assumed to be marketable. Information furnished by others is believed reliable and has been verified where possible, however, this data is not warranted. The undersigned appraiser certifies that he has no interest, present or prospective, in the subject matter of this appraisal; that the amounts as shown above. are, in his opinion, a fair market value of the property described herein, subject only to such exceptions as may be set out in writing above, and that no survey of the subject property has been made by him, and that he assumes that the buildings are properly located within the property lines and that the zoning regulations to which the real estate may be subject have not been violated. Respectfully submitted, Bernard F. Diedrich, CRA, CCIM BFD/tlk r 'r ..ice' '''.1,,,,, ' ,..f` ,y . ,6, - e'�° `per..+'^^>m a .� t t r ..•y�'�'+.�, -vs�.- T.`�.^ ' ... e ?' - P .. � � 7C' '4 �aN`iEC..1 sm.};i, �'x:`., a.-.:.. ! :' IL0 r 6RR - ai +-�, n a r ;4- ' ';:-.--:_,Z-‘,.. �.' .a— , r' ST.JOSEPH CO. 84Dli� IN01,1N4 _'SLED FIR.HELGAO- OT — - _ K D S 00's4'3 4 8"� r- C� 1.2 .... IDRIVE p °��._..-:. ->_:, r•� ,._:. ,�;_ _ :... ._� 552.18 GI' � M N 00 54138"W 589'5536 W-2:33 i4"W ill, U _3 w , �, 115��1 I- os J 8 » . 8� :f kw :o+ _ 3 vi• m N W N NORTH ,t' I — 440.00' I W • • 510.007' 200 300 N 00°54 3Er w- I.10C z • �/vizh� '�zrJ/7� 0 ARE THE OWNERS OF THE LAND.DESCRIBED IN THE PLAT HEREIN, AND . 1 BE SURVEYED AND SUBDIVIDED AS INDICATED THEREON. FOR THE USES AND HEREBY ACKNOWLEDGE AND ADOPT.THE PLAT UNDER THE STYLE AND TITLE • • S•RRTTPTCIPR OP APPWW&I HP, 1 PURSUANT To INDIANA CODE SECTION 36-1-4, TIE ONDEEEI iDa CERTIFY TUT TIM b / SUBDIVISION OF /At/01/Afk ea(ArSS A71Et /TCC MLA NIS Tl` _/(,42-d- ! .n'LA_�l//�___ CONSIDERED AND GRANTED SECONDARY APPLVAL BY TEE PLAT -TIM AiSA JJ Fff"�cci»•••666111"`", PLAN COINIISRION OP ET. JUMPS COUNTY, INDIAN((. OR_y�! TRNO TUT A DAVID L MATTHEWS MAJORITY OP THE MEMBERS OP THE PLAT COMMITTEE COICUBBED IN I AND JUE 5O9 WEST WASHINGTON AVENUE - MADE THE L DETERMINATION THAT THE SAID SUBDIVISION COIIPLIRS WITH TEE ETANIANDS. SOUTH BEND. INDIANA 46601 SET PORTS IN THE SUBDIVISION CONTROL ORDINANCE OP TIE CITY OP HOME BEND, INDIANA( AND THAT THE TIME PROVIDED FOR APPEAL SAS EXPIRED. IN WITNESS WHEREOF, WE RAVE ATTACHED OUR SIGNATURES AND THE COMMISSION'S ERAS. JBLIC. IN AND FOR THE COUNTY AND STATE. PERSONALLY APPEARED JAMES('. S I'•"' 4'" IFMAN or THE COMMITTEE a PARTNER IN NORTHERN INDIANA DEVELOPMENT PARTNERSHIP. AN INDIANA R. S. JOHNSON . �'' JOSH R. MCNAMARA (THEWS AND ACKNOWLEDGED THE EXECUTION OF THE FOREGOING INSTRUMENT AS , 'URPOSES THEREIN EXPRESSED. , 1616 DAY OF JANUARY, 1984. I A ..*slii5 g-'." g - CHARLOTTE Z -NOTARY PUBLIC ` .- C^ RESIDENT OF ST. JOSEPH COUNTY ='+-ra5: - .nfcn�i,�., Tvw:�5 J:r YCL�[Ir^.s^.'ti THAT I AM A REGISTERED LAND SURVEYOR. LICENSED IN COMPLIANCE WITH AT THIS PLAT CORRECTLY REPRESENTS A SURVEY COMPLETED OR CERTIFIED BY AT ION. SIZE. TYPE. AND MATERIAL OF ALL MONUMENTS ARE ACCURATELY - BE INSTALLED IN ACCORDANCE WITH THE-PROVISIONS OF THE SUBDIVISION •- ST.JO,-- : ■ i,^.1:ti" INDIANA. .I‘a - - - REGISTERED LAND SURVEYOR - ,...,""71'''',,I - LS1DARK ($ '(MSS r �j. -OM e t.INDIANA CERTIFICATE 12861 -1 O •'+•Q-r';STE`-.sp''d v e6a .0 GERMAN TG,.M,NSHIP CITY GF SOUTH BEND ST JOSEPH court e M - i 1IO.I SCALE'I� O'' YX' _.-.11=7,-24 7.e.. ''. • ' T s woe a DATE'I2/'i/8Sk."'.r',. „,^- ” .ti ' WAIVER OF NOTICE AND CONSENT TO VACATION OF CLARK DRIVE The undersigned, as owners of abutting real estate within fifty feet (50 ' ) of the exterior boundaries of the following real estate to be vacated, hereby waive notice of hearing by certified mail and consent to the vacation of such real estate: A dedicated but unimproved street within the City of South Bend, Indiana known as Clark Drive, legally described as follows: A tract of land in the North Half of Section 19, T 38 N, R 2 E, City of South Bend, St. Joseph County, Indiana, more particularly described as follows : Beginning at the Northwest corner of Lot 7 of Landmark Business Park, Section 1, thence N 89° 43 ' 00" E, 435 feet, more or less to the west line of Technology Drive as now dedicated; thence along a 60 foot radius curve to the right, said curve to be the west line of Technology Drive; 35 feet more or less to a point on the extended west line of existing Technology Drive; thence N 00° 54 ' 38" W, along said extension, 81 feet, more or less to the PT of a 50 foot radius curve; thence along said curve through a central angle of 90° 37 ' 38" , a chord length of 71.10 which bears S 44° 24 ' 11" W, an arc distance of 79. 09 feet to the end of said curve; thence S 89° 43 ' 00" W, 379. 45 feet; thence S 00° 54 ' 38" E, 60.00 feet to the place fo beginning. Said tract contains approximately 26400 square feet. dill P. Conb:'%, Jr. 4:'0 ak� o -, 21 / .0111_..... AgOOP / 4_,,A , ...._.1..,.....,,_„,„ _. ar■21-4■-.40%.111 Da'ri•ir Matthews Sv by: ames P. Conboy, Jr His Attorney In-Fac Jame A. Masters Tru tee under a Trust Agreement d. - ed July 15, 1988 known as Trust No. 71588, (James P. Conboy, Jr. and David L. Matthews, beneficial owners) PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE: August 9, 1988 OF THE CITY OF SOUTH BEND, INDIANA We, the undersigned property owners, petition you to vacate: The Street described as: That dedicated but unimproved right-of-way for a street named "Clark Drive" as shown on the recorded plat of Landmark Business Park (copy attached) . The dedicated but unimproved right-of-way runs westwardly from Technology Drive approximately 435 feet to the eastern boundary line of Lot 7, Landmark Business Park, Section 1, owned by Clark Information Technologies, and is bounded on the north by a parcel to be platted as Lot 9, Landmark Business Park, owned by James P. Conboy, Jr. and David L. Matthews. LOT AFFECTED BY STREET N ADDRESS VACATION �� 1:1410:1P� ��` "`;�� _ Suite 331, JMS Bldg. Real Estate to James P. C w%. , Jr. 21 108 N. Main St. be platted as South Bend, IN Lot 8 , 46601 Landmark Business Park r '0 /— > 1 205 W. Jefferson Blvd. SAME Davie �. Matthews South Bend, IN by: James P. Conboy, Jr. , 46601 his Attorney In-Fact / i�2'L1.i�lCz._ 307 First Interstate Real Estate to Jame. A. Masters, as Trustee Bank Bldg. be platted as un• •r a Trust Agreement South Bend, IN Lot 9 , ed July 15, 1988 known 46601 Landmark as Trust No. 71588 Business Park (James P. Conboy, Jr. and David L. Matthews , beneficial owners) Clark Information Technologies 6602 W. Clark Dr. Lot 7, (Signature and consent pursuant South Bend, IN Landmark to letter dated Aug. 8 , 1988, 46628 Business Park, attached hereto and made a Section 1. part hereof) . Irene Gammon CONTACT PERSON: City Clerk James A. Masters ' ,.. . A '_ i I fs• .Ill' .Y•�W• 111111 I 1CIIIRK INFORMATION TECHNOL( IES 6602 W. Clark Drive South Bend, Indiana 46628 (219) 282-3900 08 August 1988 Mr. John Voorde, President Common Council for City of South Bend 4th Floor, County City Building 227 W. Jefferson Boulevard South Bend, IN 46601 Dear Sir, We are the owners of Lot #7 in the Landmark Business Part, Section 1, which is contiguous to Clark Drive. We join in the petition to vacate Clark Drive and consent to this vacating, pursuant to the petition to be filed with the South Bend Common Council. We would appreciate your consideration of expediting this matter. Sin erely, �: 6,-2.-i--,-, 7 �(. oster Martin, Director North American Computer Operations FM0001 :pja £,cc:`J.-CoiM5oy S. Hicks