HomeMy WebLinkAbout10872-22 Ordinance to Vacate the Following Property: N/S Alley Btn V ORDINANCE No .
10872-22
Passed by the Common Council of the City of South Bend,Indiana
August 8, 20 22
Attest: LCity Clerk
awn M. Jones
MCk
""i President
Attest: of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana
August 8 22
20
City Clerk
Dawn M. Jones
Approved and signed by me Avt)wr) I 0 / 20 2 2
Mayor
BILL NO. 35-22
ORDINANCE NO. 10872-22
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
NORTH/SOUTH ALLEY BETWEEN VICTORIA STREET AND EAST/WEST ALLEY
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:
A PLATTED ALLEY LOCATED BETWEEN LOTS 2, 3, 136-139, AND LOT 56, ALL WITHIN
HOMELAND ADDITION AS RECORDED JULY 11, 1922 IN PLAT BOOK 10, PAGES 198-199,
ST. JOSEPH COUNTY RECORDER, AND BEING SITUATED IN THE EAST HALF OF THE
NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF
SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 136; THENCE
NORTHEASTERLY, ALONG THE NORTHERLY LINE OF SAID LOTS 136-139, A DISTANCE
OF 134.7 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE
NORTHERLY, ALONG THE WEST LINE OF SAID LOTS 2 AND 3, A DISTANCE OF 80 FEET,
MORE OR LESS, TO THE NORTHWEST CORNER OF LOT 3; THENCE WESTERLY, ALONG
THE SOUTHERLY LINE OF A PLATTED 14 FOOT ALLEY, A DISTANCE OF 14 FEET, MORE
OR LESS,TO THE NORTHEAST CORNER OF SAID LOT 56; THENCE SOUTHERLY,ALONG
THE EAST LINE OF SAID LOT 56, A DISTANCE OF 40.3 FEET, MORE OR LESS, TO AN
ANGLE POINT OF SAID EAST LINE; THENCE SOUTHERLY, ALONG SAID EAST LINE, A
DISTANCE OF 26 FEET, MORE OR LESS, TO AN ANGLE POINT OF SAID EAST LINE;
THENCE SOUTHWESTERLY, ALONG THE SOUTHERLY LINE OF SAID LOT 56, A
DISTANCE OF 114.8 FEET, MORE OR LESS, TO THE SOUTHERLY CORNER OF LOT 56;
THENCE SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF VICTORIA STREET,
A DISTANCE OF 14 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING
3080 SQUARE FEET (0.07 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 2, 3, 56 and 136-139 OF HOMELAND ADDITION
Section IV. The purpose of the vacation of the real property is to combine property for a
convenience store development.
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.
SIL;‘,...L ,4 , M C344 CL
Sharon L. McBride, Council President
South Bend Common Council
Atte )LL4rIi4r
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Dawn M. Jones, City Clerk /
Office of the City Clerk
Presented by me, the undersigned Clerk of the Sity of South Bend, to the Mayor of the
City of South Bend, Indiana on the f day of !'8 f , 20226.9 , ii , , at �'
o'clock '. m.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the I Ot* day of /3�y N 1 t. , 2022, at 3 o'clock
f.m. J
JamMueller, Mayor •
Cit of South Bend, Indiana