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Home My WebLink About10957-23 Ordinance to Vacate the 1100 Block of Corby Blvd.-2ND SUBSTITUTE TO BILL 15-23 United States of America 11 + 2023-19434 * ;� RECORDED AS PRESENTED ON 02:18 PM *��f, 0 4 *+}* MARY BETH WISNIEWSKI SI.JOSEPH COUNTY R[CORDER r PGS:4 FEES: 25.00 lk • Certificate STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: I, Dawn M. Jones, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby certify that the attached and foregoing is a full, true, and correct copy of ORDINANCE 10957-23 (SECOND SUBSTITUTE) AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEVARD STATEMENT OF PURPOSE AND INTENT. PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, JUNE 12, 2023. PRESENTED TO, APPROVED AND SIGNED BY MAYOR JAMES MUELLER, JUNE 16, 2023. ATTEST: SHARON L. MCBRIDE, PRESIDENT OF THE COMMON COUNCIL ATTEST: DAWN M. JONES, CITY CLERK the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph County, Indiana. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of South Bend, St. Joseph County, Indiana, this"9 day of 20 4,23 gv Dawn M. Jones ? , '`, -if° , Clerk of the City of South Bend --1H -1 N-, \ v St. Joseph County, Indiana N co' Y _f _ ^ i i �.; r- , xa B r,) putt' ORDINANCE No . 10957.23 Passed by the Common Council of the City of South Bend, Indiana June 12, 2P Attest: 27L , ; x.1 i City Clerk Dawn M. Jones Attest: Y President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 13, 23 20 key- 72( . (14/yuj City Clerk Dawn M. Jones Approved and signed by me J toh 20 2-3 Mayor (SECOND SUBSTITUTE) BILL NO. 15-23 ORDINANCE NO. 10957-23 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEYARD 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. Bill 15-23, previously submitted to the appropriate Standing Committee on March 27, 2023 contained incomplete and/or inaccurate information. This information was corrected in a Substitute Bill filed on May 17, 2023. This Second Substitute Bill explains the need for the substitute and rescinds,revokes and replaces Bill No. 15-23, Ordinance 10925-23, signed by the Council President on March 27, 2023 and by the Mayor on April 3, 2023. SECTION II. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS FOR SR 23, RNV CODE 3786, DES NO. 9133615, PROJECT NO. STP-5050-(007) DATED DECEMBER 19, 2011 AND BEING SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, IN DIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION PER RECORDED ALTA SURVEY, INSTRUMENT NUMBER 2022-21866, ST. JOSEPH COUNTY RECORDER. COMMENCING AT A CAPPED REBAR (ABONMARCHE FIRM #0050) ON THE SOUTHERLY LINE OF A TRACT OF LAND CONVEYED TO THE STATE OF IN DIANA AS DESCRIBED IN INSTRUMENT NUMBER 1113039 - PARCEL 88, ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 54° 27' 26" EAST, ALONG THE SOUTHERLY LINE OF SAID STATE OF IN DIANA - PARCEL 88 LAND, AND SAID LINE EXTENDED, 141.79 FEET TO A CAPPED REBAR (ABONMARCHE FIRM #0050) ON THE EAST LINE OF LOT 11 OF BERGAN'S REPLAT OF LOTS 2, 3, AND 4 OF LISTEN BERGER'S FIRST ADDITION, RECORDED IN PLAT BOOK 10, PAGE 9, ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 00° 15' 02" EAST, ALONG THE EASTERLY LINE OF SAID LOT 11 , A DISTANCE OF 14.82 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE STATE OF IN DIANA AS DESCRIBED IN INSTRUMENT NUMBER 1121035 - PARCEL 908, ST. JOSEPH COUNTY RECORDER, AND BEING THE POINT OF BEGINNING; THENCE NORTH 89° 43' 16" EAST, ALONG THE SOUTH LINE OF SAID STATE OF IN DIANA LAND, 20.64 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT; THENCE SOUTHEASTERLY, AN ARC DISTANCE OF 141.28 FEET, ALONG SAID CURVE HAVING A RADIUS OF 440.00 FEET AND SUBTENDED BYA LONG CHORD BEARING SOUTH 64° 34' 45" EAST, 140.67 FEET TO A POINT ON THE EASTERLY LINE EXTENDED OF LOT 318, AS SAID LOT IS KNOWN AND DESIGNATED ON THE THIRD PLAT OF PARK PLACE, RECORDED IN PLAT BOOK 8 PAGE 192, ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 00°15' 57" EAST, ALONG SAID LINE, 17.93 FEET TO THE NORTHEAST CORNER OF SAID LOT 318; THENCE SOUTH 89° 43' 16" WEST, ALONG THE NORTH LINE OF SAID LOT 318 AND THE NORTH LINE OF LOTS 319, 320, AND 321 OF SAID THIRD PLAT OF PARK PLACE, 147.43 FEET TO A CAPPED REBAR (ABONMARCHE FIRM #0050); THENCE NORTH 00°15' 02" WEST, ALONG THE SOUTHERLY PROJECTION OF THE EASTERLY LINE OF SAID LOT 11 AND ALONG THE EASTERLY LINE OF SAID LOT 11, 78.93 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL COVENANTS, RIGHTS-OF-WAY, AND EASEMENTS OF RECORD. CONTAINING 7,238 SQUARE FEET (0.17 ACRES) MORE OR LESS. hereby determines that it is desirable to vacate said property. 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 IV. The following property may be injuriously or beneficially affected by such vacating: Lots 321,320 and 319 ofPark P13`d Add SECTION V. The purpose of the vacation ofthe real property is to combine excess Right-of-Way with adjacent parcels for new proposed development. SECTION VI. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Sharon I"d'et�o n lvsi ent South Bend Common Council Attest: kte,Vi k. 0 Dawn M. Jones, City Cler Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the /3 -'day of /1 (i,,,.� J , 2023, at ,. o'clock f) . m. 1 / Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the iv day of J 6^1 , 2023, at I 1 o'clock G . m. illit-\—..--- J s Mueller, Mayor City of South Bend, Indiana ORDINANCE No . 10925-23 Passed by the Common Council of the City of South Bend, Indiana March 27 , 20 23 Attest: bili i 72e- 04,66) Ci Clerk awn M. Jones Attest: Sk/epP( k")1C7h-Olk- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 28, 23 20 11(_,______2t - lOteZ) City Clerk Dawn M. Jones Approved and signed by me A r f:I ) 20 Z 3 i7 AVL______ Mayor United States of America t ***,►+ r -14 • Certificate -RECEIVED- STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: APR 1 0 2023 ST. d ASSESSORUNTM I, Dawn M. Jones, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby certify that the attached and foregoing is a full, true, and correct copy of ORDINANCE 10925-23 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEVARD BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS FOR SR 23, R/W CODE 3786, DES NO. 9133615, PROJECT NO. STP- S050-(007) DATED DECEMBER 19, 2011 AND BEING SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, MARCH 27, 2023. PRESENTED TO, APPROVED AND SIGNED BY MAYOR JAMES MUELLER, MARCH 28, 2023. ATTEST: SHARON L. MCBRIDE, PRESIDENT OF THE COMMON COUNCIL ATTEST: DAWN M. JONES, CITY CLERK the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph County, Indiana. IN WITNESS WHEREOF, I have hereunto set my hand and affixe the official Seal of the City of South Bend, St. Joseph County, Indiana, this /0 ' day of • 20 g..3 Dawn M. Jones Clerk of the City of South Bend St. Joseph County, Indiana By: /%.i%/A. 1/ / d ruty BILL NO. 15-23 ORDINANCE NO. 10925-23 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEVARD BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS FOR SR 23, R/W CODE 3786, DES NO. 9133615, PROJECT NO. STP-S050-(007) DATED DECEMBER 19, 2011 AND BEING SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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: Excess Right of Way on the South Side of Corby Blvd, West of Arthur St. more fully described in Exhibit A attached hereto 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 321, 320 and 319 of Park P13`d Add Section IV. The purpose of the vacation of the real property is to combine excess Right- of-Way with adjacent parcels for new proposed 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. r-01 /r31(?/lej_t Sharon cBrid, Council President South Bend Common Council Attest: daD71(, Vre.e,6.) Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the at" day of i'�,e tv , 2023, at /'2 o'clock /' . m. /6660, 0/ e..6e) Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ?r day of /7 f' f , 2023, at Cf o'clock 1.m. IJa s Mueller, Mayor Ci y of South Bend, Indiana