HomeMy WebLinkAbout#556- Deed; dedication - to extend twyckenham drive from south bend ave to edison road Vac Res #3322mq�mll 7�
DEDICATIO14 - to,extend rwyckenharn ()v-iv'e: frail
S6utjj Bend Avenue to Ecli'son Road. Sec. 6, Tm), 37 N.
R. 3 E-, (Vacation Resolution rll"�322, 1970 -
cariley pietzak)
Uni't0l-sl'tY 01" McAre Dame and S,
RI HARD L. HILL
CITY ATTORNEY
THOMAS L. BODNAR
CHIEF OFP',gy
CYANID G. CHAPLEAU
REGINA W. COSPER
GREGORY D. LOUGHRIDGE
JOHN M. MARNOCHA
CAROLYN V. PFOTENHAUER
ROBERT C. ROSENFELD
EUGENIA S, SCHWARTZ
M To
crry of SOUTH BEND
ROGER 0, PARENT, Miyor 14, /1
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 4&WI 0 ClTy OF UFU
L7PArMWENr THRIVEN
VEND
RING
Mr. Phillip J. Faccenda
General Counsel
University of Notre Dame
Notre Dame, IN
Dear Mr. Faccenda:
March 8, 1984
2191284.9241
In 1970 the City of South Bend vacated that portion of Ivy Road
running north from the north right-of-way line of South Bend Avenue to
the south right-of-way line of Edison Road. The vacated property then
reverted to the adjoining property owners and presently the west one-
half of Ivy Road is owned by the University of Notre Dame and the east
one-half by Joseph 11. and Phyllis Catanzarite. Subsequent to the
vacation the University of Notre Dame dedicated to the City of South
Bend a tract of land located in Section 6, Township 37 North, Range 2
East to be used as a street connecting Twyckenham and Ivy Road, It was
a condition of the dedication that the City pave the street within one
year from the July 21, 1971, dedication date and that the property
would revert to the University if the City failed to do so. Since the
new street was not opened the property dedicated by the University has
reverted and the portion of Ivy Road between South Bend Avenue and
Edison Road has not been rededicated as a public right-of-way even
though it is still used as a public street.
The City of South Bend is requesting that the University of Notre
Dame now rededicate the west one-half of Ivy Road between South Bend
Avenue and Edison Road to the City as a public right-of-way. If the
Mr. Philip Faccenda
march 8, 1984
Page 2
UniversiLy is willing to do so, this office will prepare the necessary
document of dedication. I would appreciate a response on this matter
at your earliest: convenience.
Sincerely,
Carolyn V. Pfotenhauer
Assistant City Attorney
CVP/clt/40
cc: John E. Leszczynski
City Engineer
RICHARD L. HILL
CITY ATTORNEY
THOMAS L, BODNAR
CHIEF DEPUTY
DAVID C. CHAPLEAU
REGINA W. COSPER
CAROLYN V. PFOTENHAUER
ROBERT C. ROSENFELD
EUGENIA S. SCHWARTZ
CITY of SOUTH BENqj Ee Ir un
ROGER 0. PARENT, Mayor
COUNTY,CITY BUILDING SOUTH BEND, INDIANA 46601
CITY OF SOUTU BrNo
DEPARTMENT OF ENGINEERNe
March 8, 1984 201284.9241
Mr. and Mrs. Joseph Catanzarite
327 S. Union St.
Mishawaka, IN 46544
Re: Ivy Road
Dear Mr. and Mrs. Catanz,arite:
In 1970 the City of South Bend vacated that portion of Ivy Road
running north from the north right-of-way line of South Bend Avenue to
the south right-of-way line of Edison Road. The vacated property then
reverted to the adjoining property owners and presently the west
one-half of Ivy Road is owned by the University of Notre Dame and the
east one-half by you. Subsequent to the vacation the University of
Notre Dame dedicated to the City of South Bend a tract of land located
in Section 6, Township 37 North, Range 2 East to be used as a street
connecting Twyckenham and Ivy Road. It was a condition of the
dedication that the City pave the street within one year from the July
21, 1971, dedication date and that the property would revert to the
University if the City failed to do so. Since the new street was not
opened the property dedicated by the University has reverted and the
portion of Ivy Road between South Bend Avenue and Edison Road has not
been rededicated as a public right-of-way even though it is still used
as a public street.
The City of South Bend is requesting that you now rededicate the
east one-half of Ivy Road between South Bend Avenue and Edison Road to
the City as a public right-of-way. If you are willing to do so, this
Mr. and Mrs. Joseph Catanzarite
March 8, 1984
Page 2
office will prepare the necessary document of dedication. I would
appreciate a response on this matter at your earliest convenience.
Sincerely,
i(Y'
Carolyn V. Pfotenhau'e'r
Assistant City Attorney
CVP/clt/40
CC: John E. Leszczynski-,"'
City Engineer
statesi
j'71'IDAVIT 17.1 MA) OP TI'VT-E
PATRICK MC14ABO-N, b(--Anq fir.,st. du:1y sworn upon oath,
1. That he is the CiLy Engineer and the Directo),.'
of Public Works for the City of South Bond, St. Joseph County,
Indiana.
2, That on or about the 21st day of July, 1971,
the University of Notre Dame du Lac of St. Joseph County,
State of Indiana, dedicated the followinq-described real estato
located in St. Joseph Covnty, State of Indiana, to -wit:
A tract of land located in Section 6, Township 37
North, Range 3 East, more particularly described as
follows:
Beginning at a point Sixty (60) feet South of the
:forth Quarter (1/4) corner of said Section Six (6);
thence South Eight y-ninc dogreos, forty-seven minutes,
forty-five seconds (890 47' 45") West, Three
Hundred Eighty-five and Pifty-four Eundredths
(385.54) feet to the true point of boginning; thence
South, zero degrecs, Lwolve minutes, fifteen seconds
No 12' 15"? East, One Hundred (100) feet to the
point of curvature of a curve with a deflection
angle of Sixty-two dcgrons, Thirteen minutes,
Eighteen seconds (620 13''8") to the left and a
radius of One Hundred Sixty (160) foe-; thence South-
easterly along said curve an Marc, distance of One
Eundred Seventy-three and Seventy-five Hundredths
(173.75) feet to the point of tangency of said curve;
thence South Sixty-two degrees, Twenty-five minutes,
fifty-three seconds (620 251 53") East, One HUndred
Six and Twenty-seven Hundredths (106.27) foot to the
point of curvature of as curve with a deflection angle
Twenty-five degrees, Forty-two in;inutcs, thref,� hundr6:adths
seconds (250 421 03") to thc, right and a a.-adius of
Two Hundred Forty (240) feet; thence Southeasterly
along said curve an arc distance of One 13'un(Ired, Seven
and Sixty-five Hundredths (107.65) feet to the, point
of tangency of said curve; thence South Thirty-six
degrees, Forty-three minates, 1_11h'irty second,,(360 41' 30")
East, One Hundred (100) fec:L; thonce South Fifty-
tl,rec degrees, si.te_en vd.nutns, thirty seconds
(530 161 30") West, Eighty thence North
Thirty-six degrees, forty-three ntinute�s, Thirty seconds
(360 431 30") West, Ones hundred (.100) feet, 1-(,) the, point
of curvature of a curve with a deflection ancjle of
Twenty-five degrees, forty-tw) rAnutes, three Hundrowohs
seconds (250 42' 03") to the left and a radius of One
Hun(lrod Si.:<Ly (160) Met; thence Northwesterly along"
said curve an arc distance of Seventy-one and Seventy-
seven (71.77) feet to the point of tangency of saUI.
curvo; thnnce North Siaty-two degrees, Twenty-fivr
minutes, thirLy-throo swconds (620 251 33") West,
One Hundrc(A Six and Twonty-seven Hundredths (106.27)
foct to tho point of curvature of a curve with a
deflection angle of Sixty-two degrees, thirteen
minutos, Eighteen seconds (620 13' 18") to the right
at a radius of Two Kundred Forty (240) feet; thence
Northwesterly along said curve an arc distance of Two
Hundred Sixty and Sixty-three Hundredths (260.63)
feet to the point of tangoncy of said curve; thence
North zero degrees, Twelve minutes, fifteen seconds
West, One Hundred feet; thence North eighty-nine
degrees, Forty-seven minutes, forty-five seconds
(890 47' 45") East, EighLy (80) feet to the true
point of beginning, containing 1.126 acres.
to the Municipal City of South Bond, which dedication was
file& with the Board of Works on A' Bast: 2, 1971, and recorded
in the records of the Recorder of St. Joseph County, Book 741r
:I
pageo 593-595.
3. That [-.he dedication contained a condition
subsequent which providod that in the event the City of
South Bend failed to pave the said street referred to in said
dedication within a period of one year from the date of said
dedication which was the 21st day of July, 1971, then the
above described real estate Would revert to the grantor.
4. That said street was not paved within one year
" - �-7 A1& ' '' "1 /_1Y'
;t
of the date of said dedication and has never been , -:Ikld�
5. That he makes this affidavit in aid of title
41
to said real cstate.
ALOO
t' r i M_14a on
STATE OF INDIANA
-. A
;,x:
COUIATY
Bc-,�fore sae , a Notary Public in and for said County and state, did
personally appear Patrick McMahon, known personally to me to be
the City Enginoor and Director of Public Works of the City of
South Bond, who duly acknowled4cd the execution of the above and
foregoing affidavit in aid of title thip,Icif day of March, 1977.
My Connission Expires:
)Vi, l'i
N D
AUG 21971
Board of Public Works & Safety
I DORIS ALLEN, Clerk
D E D I C A T 1 0 N
KNOIN ALL MEN BY THESE PRESENTS, that THE UNIVERSITY OF
NOTRE DAME DU LAC, of St. Joseph County, State of Indiana, does
hereby grant and convey the following described real estate
located in St. Joseph County, State of Indiana, to -wit-,
A tract of land located in Section 6, Township 37 North,
Range 3 East, more particularly described as follows:
Beginning at a point Sixty (60) feet South of the North
Quarter (1/4) corner of said Section Six (6); thence
South Eighty-nine degrees, forty-seven minutes, forty-
five seconds (89'47145") West, Three Hundred Eighty-five
and Fifty-four Hundredths (385.54) feet to the true
point of beginning; thence South, zero degrees, twelve
minutes, fifteen seconds (0012115") East, One Hundred
(100) feet to the point of curvature of a curve with a
,,deflection angle of Sixty-two degrees, Thirteen minutes
(11),Eighteen seconds (6201311811) to the left and a radius of
One Hundred Sixty (160) feet; thence Southeasterly along
said curve an arc distance of One Hundred Seventy-three
and Seventy-five Hundredths (173.75) feet to the point
of tangency of said curve; thence South Sixty-two degrees,
Twenty-five minutes, fifty-three seconds (62'2515311) East,
One Hundred Six and Twenty-seven Hundredths (106.27) feet
to the point of curvature of a curve with a deflection
angle Twenty-five degrees, Forty-two minutes, three hun-
dredths seconds (25'42103") to the right and a radius of
Two Hundred Forty (240) feet; thence Southeasterly along
said curve an arc distance of One Hundred Seven and Sixty-
five Hundredths (107.65) feet to the point of tangency of
said curve; thence South Thirty-six degrees, Forty-three
minutes, Thirty seconds (36*4313011) East, One Hundred
(100) feet; thence South Fifty-three degrees, sixteen
minutes, thirty seconds (53016'30") West, Eighty (80)
feet; thence North Thirty-six degrees, forty-three minutes,
Thirty seconds (36043130") West, One Hundred (100) feet.
to the point of curvature of a, curve with a deflection angle
OE -r'Wen't-y -k i've deg-roos , :E0,V-ty-two ja".Iax-c-dths
seconds (25'42103") to the left and a radius of One Hundred
Sixty (160) feet; thence Northwesterly along said curve an
arc distance of Seventy-one and Seventy-seven (71.77) feet
to the point of tangency of said curve; thence North Sixty-
twodegrees, Twenty-five minutes, thirty-three seconds
(62.2S133") West, One Hundred Six and Twenty-seven Hun -
BOOK
on '7 ' I PAGE"594
4
dredths (106.27) feet to the point of curvature of a curve
with a deflection angle of Sixty-two degrees, Thirteen
minutes, Eighteen seconds (62'13'18") to the right at a
-radius of Two Hundred Forty (240) feet; thence Northwesterly
along said curve an arc distance of Two Hundred Sixty and
Sixty-three hundredths (260.63) feet to the point of tan-
gency of said curve; thence North Zero degrees, Twelve
minutes, Fifteen seconds West, One Hundred Feet; thence
iaaTth degrees, Forty-seven minutes, Forty-five
seconds (89'47'45") East, Eighty (80) feet to the true
point of beginning, containing 1.126 acres,
to the MUNICIPAL CITY OF SOUTH BEND, INDIANA.
This conveyance is made upon the following expressed condi-
tions, provisions, and restrictions, which shall be binding upon
the grantee, namely:
That the realty is to be used and administered as a
Street, and that the City of South Bend will proceed to
open the Street and to pave said street at the expense
of the grantee; that in the event that the City of South
Bend -fails to pave said street referred to he -rein -within
a period of one year from this date, then said real estate
hereinbefore described shall revert to the Grantor.
The Grantor agrees that on the Municipal City of South
Bend opening said street and paving same, that the Grantor
will provide the curbs at its own expense.
Signed and dated this day of t 1971.
ATTEST:
THE UNIVERSITY OF NOTRE DAME DU LAC
BY:— tj_vl- (3 - C_�'
IN - — esident
Secretary
STATE Op INDIANA )
) SS:
ST. JOSEPH COUNTY )
grin ma
-8
7P
Before me, the undersigned, a Notary Public in and for said
M I,
County and State, personally appeared: THE UNIVERSITY OF
NOTRE DAME DU LAC, by its
and by -i t s � �� and
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal, this =.?/..;aday of 1971.
My Commission Expires;
BooK 941 PACE595