The URL can be used to link to this page

Home My WebLink AboutVacate - 160.39 of the Right of way on the East Side of Niles Ave ORDINANCE No . 1O21613 Passed by the Common Council of the City of South Bend,Indiana January 28, 2 a3 Attest: City Clerk JOH VOO'DE Attest: ` . .d_ ,i A. - A 41101"111 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 29, 2013 City Clerk JOH VO RDE Approved and signed by me A H a 4 20 (3 Mayor �- .G ORDINANCE NO. L0 0—U AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 160.39' OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE 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: 160.39' OF THE RIGHT-OF-WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE 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: LOT 11 OF RIVER RACE TOWNHOMES MINOR SUBDIVISION RECORDED AS INSTRUMENT NUMBER 1229942 IN THE OFFICE OF THE RECORDER OF ST JOSEPH COUNTY, INDIANA, OWNED BY THE CITY OF SOUTH BEND Section IV. The purpose of the vacation of the real property is TO VACATE EXCESS UN-NEEDED PUBLIC RIGHT-OF-WAY OF NILES AVENUE FOR USE BY THE ADJACENT PROPERTY OWNER FOR FUTURE RESIDENTIAL AND COMMERCIAL REDEVELOPMENT 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. 1 _ 1 1V Member of the Common Council Attest: __Alta / Presented by me to the Mayor of the City of South Bend, Indiana on the Za 4N day of wa, , 2 v t 3 , at 1' ' C < o'clock ct . m. City CI k Approved and signed by me on the al day of 3:4011/1/7-.Y , 2 6r3 , at o'clock P . m. Mayor, City of Sou .- =end, Indiana Hied in Ciork's Office 7 s"r READINGG PUBLIC HEARING 3 rd —2._k_43 NOT Ae PROVED REFERRED CITY CLERK,SOUTH SEND,IN PASSED 1_ 4-`(3 PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: 160.39' OF THE RIGHT—OF—WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE NAME (signed & printed) ADDRESS LOT # RIVER RACE TOWNHOMES, LLC P.O. BOX 338 LOT 11 OF RIVER RACE TOWNHOMES DAVID M. MATTHEWS, MEMBER MINOR SUBDIVISION F�� j SIGNATURE JAN -9 '91 • 1 P div RETURN TO: CONTACT PERSON (S) OFFICE OF THE CITY CLERK ABONMARCHE CONSULTANTS, INC. JOHN VOORDE, CITY CLERK NAME: BRADLEY E. MOSNESS, PE ROOM 455-COUNTY-CITY BUILDING ADDRESS: 750 LINCOLN WAY EAST SOUTH BEND, IN 46601 SOUTH BEND, IN 46601 574-235-9221 PHONE: (574) 232-8700 EXHIBIT"A" Niles Avenue Streetscape Project City of South Bend Project No. 111-069 Parcel: 1 Right-of-Way Vacation A parcel of land being adjacent to River Race Townhomes Minor Subdivision as recorded Instrument No. 1229942 in the Office of Recorder of St.Joseph County, Indiana now within and part of the City of South Bend, and being more particularly described as follows: Commencing at the north west corner of said Lot 1;thence South 00028'48" East along the west lot line of lots 1, 2, 3,4,5, 6,7, 8,9, 10, 12 and a portion of lot 11 which also is the east right-of-way line of Niles Avenue,254.53 feet to the south east corner of lot 11;thence South 46050'53" East along the south west line of lot 11 and said east right-of-way line of Niles Avenue,67.27 feet to the point of beginning of this description;thence continuing South 46050'53" East along said east right-of-way line of Niles Avenue, 160.39 feet to the south east corner of lot 11; thence South 89043'58" West, 19.56 feet;thence North 37006'58" West,44.37 feet;thence North 43031'42"West, 102.62 feet to the point of beginning and containing 824 square feet,more or less. Surveyor Statement This description was prepared for the City of South Bend, Indiana by Roger T. Nawrot, Indiana Registered Land Surveyor, License Number 80890005,on the 7"day of January, 2013. .4it IT' kr*. if .4i. , 1 :44fiktittpi 4A, F.,*.E. LSO190,005:).*-g 7 \$TATEOF . E V.c.,NO 440/4 1 ,,-/3.-0....-17 ("2?"------""---:, . • lifte Id Re.e . 4. su --0, . - -%,„..,,,0 Roger T. Nawrot Said description is based upon the Boundary Survey prepared for the City of South Bend, Indiana By R. L. Harper, Recorded as Instrument Number 1006890 in the Office of Recorder of St. Joseph County, Indiana and said River Race Townhomes Minor Subdivision Instrument Number 1229942. Abonmarche Consultants, Inc. Pro'- we 14-94.1trgos, Office JAN -9 20137 1 CITY CLZ,Nit,SrWiTi fiE D,IN EXHIBIT "B" SHEET 1 OF 1 RIGHT-OF-WAY VACATION PLAT Prepared for City of South Bend by Abonmarche Consultants, Inc. (Job #11-0624) WASHINGTON ST. POC 165.72' I -LOT , -_- ---nt AREA I 1 SO. FT. ACRES 1 LOT 2 I iI RIGHTOOF WAY VACATION 824 0.0191, 1100 1 1 1 1 LOT 3 __. _ 4 L _i 1 POINT OEMTERLIti STATION OFFSET NIVIDWt EAS111G Q1Z LOT 4 � RI N 12+0143 3927' 2341657M 170350.27 R2 N 10+71329 6148Y 2341547.81 170467.28 V W I R3 N _WHOA 3951' _2341547.72 170447.72 Z 1 LOT 5 R4 N 11+10.17 36427' 234138110 170420.93 Z �' LOT 12 NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & i 9 LOT 6 1 EAST COORDINATES AND BEARINGS 8c DISTANCES. i 1 f �I LOT 7 I r 1 LOT 8 1(V I LOT 9 r —1 + i c — LOT 10 ' Tit/"%,0..• "2- I. it(4*- i 14 \ j\ o 0 30 60 120 ,\\ SCALE r•=60' �\ �3i �8 LOT 11 1 N. LAND SURVEYOR'S STATEMENT: NI BELIE�F.RTHISNPLA,TOGETHER WITH THE"BOUNDARY SURVEY ♦♦♦�`��{T I11A//A,,'-'// }\ 'SO 1 PREPARED FOR THE CITY OF SOUTH BEND" RECORDED IN � Cr, �Uf11111fa ,,� ■ 1 OF ST. INSTRUMENT PH COUNTY,INDIANA, EXECUTED IN RECORDER �Q1sq- 1S7ERv0 S 0 j S. \` :`9. ACCORDANCE WITH INDIANA ADMINIS r. VE CODE 885 IAC .°. : : +" 1-12. t°RULE T * = LS80890005 * \ STATE OF '"" . 1 �i.,. 4-3 l G Z �i<,:,,Np r A?.�` Ctil-♦� VACATED R/W 1 ROe AWROT, P.L.S. 1t111,� Q ` DATE Q SURV� ♦ (FROM LINE N ;♦ iL� STATE of,INDIANAND SURVEYOR NO. 8088005 ////i/lr1i11111�„`, 1 JEFFERSON BLVD PARCEL 1 OWNER: CITY OF SOUTH BEND DRAWN BY: BWS/CMR 11-06-12 CODE: CHECKED BY: MN PROJ. NO.: 111-069 QA/QC BY: _ ROAD: NB.ES AVE COUNTY: St JOSEPH SECTION: 12 TOWNSHIP: 2E RANGE: ZE rillABONMARCHE TAX ID1/ 018-5010-0291 Con1denceByDusan NOTE: DIMENSIONS SHOWN ARE FROM THE ABOVE LISTED RECORD DOCUMENTS rani. n F:574.2.51.4140 °�'0.N1 COMMIT 2012-ASONMAnCHECCNSOUANTS.INC. 5 O ltlt�if t,f1i, / 1316 COUNTY-CITY BUILDING 227 W.JEFFERSON BOULEVARD �f C� \ 1'_. PHONE 574/235-9 SOUTH BEND, INDIANA 46601-1830 :ice�� Ve � l: 574/235-911771 235-9251 1865 - CITY Or SOUTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS December 11,2012 Mr. Roger Nawrot Abonmarche Consultants • 750 Lincoln Way East South Bend, Indiana 46601 RE: Property Vacation— 160.39' of the Right-of-Way on the East Side of Niles Avenue at the Intersection of Jefferson Boulevard and Niles Avenue (Preliminary Review) Dear Mr. Nawrot: The Board of Public Works, at its December II, 2012, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this property. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your Property vacation packet. Sincerely, ;4artli-t—n, Clerk c: Federico Rodriguez,Fire Department Tony Molnar,Engineering Janice Talboom,City Clerk's Office Michael Mecham,Engineering David Matthews,River Race Townhomes GARY A. GILOT DONALD E. INKS KATHRYN E. Roos MICHAEL C. MECHAM MARX W.NEAL