HomeMy WebLinkAbout11196-25 ROW Vacation - 416 North Main Street and 425 North Dr. Martin Luther King Jr. Drive 2025-12175
RECORDED AS PRESENTED ON
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United States of AmeriCaFHCe NTY
RECORDER
PGS:5 FEES: 25.00
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- FILED -
MAY 2 3 2025
AUDITOR
ST. JOSEPH COUNTY
Certificate
STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss:
I, Bianca L. Tirado, 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
-RECEIVED-
MAY 2 3 2025
ST. JOSEPH COUNTY
ORDINANCE NO. 11196-25 ASSESSOR
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED
PROPERTY: THE PORTION OF THE RIGHT-OF-WAY ALONG THE
SOUTH SIDE OF MARION STREET AND EAST SIDE OF MAIN STREET
FROM THE ROUNDABOUT AT MICHIGAN STREET AND MARION
STREET SOUTHWESTERLY TO MADISON STREET
PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APRIL, 14, 2025
PRESENTED TO APPROVED AND SIGNED BY MAYOR JAMES
MUELLER, APRIle,, 23, 2025
ATTEST: CANNETH LEE, PRESIDENT OF THE COMMON COUNCIL
ATTEST: BIANCA L. TIRADO, CITY CLERK
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City
.1
of South Bend, St. Joseph County, Indiana, this Z3 — day of kifatf 20 IS
4 sf Jf, Bianca L. 'firado
(�A' ;� Clerk of the City of South Bend
.d 't Vs ;,.. St. Joseph County, Indiana
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1 . h. ti By:\\444 .,,,,..,
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itls - :,-;
�'` a� ��}hew Deputy City Clerk —�
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CO C31
ORDINANCE No .
11196-25
Passed by the Common Council of the City of South Bend, Indiana
April 14, 20 25
Attest: `I, City Clerk
Bianca L. Tirado
Attest: 2-- - President of common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 15, 20 25
itatat'l 4 City Clerk
Bianca L. Tirado
Approved and signed by me AI. I L , 20 25
i itte...\........,....„-
Mayor
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65 '
BILL NO. 22-25
ORDINANCE NO. 11196-25
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE PORTION OF THE RIGHT-OF-WAY ALONG THE SOUTH SIDE OF MARION
AND EAST SIDE OF MAIN FROM THE ROUNDABOUT AT MICHIGAN AND
MARION SOUTHWESTERLY TO MADISON
STATEMENT OF PURPOSE AND INTENT
Petitioner requests the vacation between the current property lines and the existing right-
of-way in order to allow for a more cohesive development on the property.
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
Ordinances 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:
The portion of the right-of-way along the South side of Marion and East side of Main from
the roundabout at Michigan and Marion southwesterly to Madison, more particularly
described as set forth in Exhibit A.
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 properties may be injuriously or beneficially affected by
such vacating:
425 N Dr. Martin Luther King Jr Drive—Parcel ID #018-1003-0095
416 N Main Street—Parcel ID#018-1003-0089
SECTION IV. The purpose of the vacation of the real property is to allow for a more
cohesive development on the property as a result of vacating the area between the current property
lines and the existing right-of-way.
SECTION V. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law, with an effective
date of , 2025.
Canneth Lee,�President,
South Bend Common Council
1
Attest:
Fle(4"41
Bianca L. Tirado, Cit Jerk
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 15`h day of April , 2025, at 12 o'clock
p.m.
44-146,--d .
Bianca L. Tirado, City Cl r
Office of the City Clerk
Approved and signed by me on the L2 day of nr , 2025, at I o'clock
.m.
/1/(-
Jam Mueller, Mayor
Ci of South Bend, Indiana
2
EXHIBIT A
LEGAL DESCRIPTION FOR VACATION AREA:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1,TOWNSHIP 37 NORTH,
RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT#164,
OF THE RECORDED PLAT OF "THE TOWN, NOW CITY OF SOUTH BEND", AS SHOWN IN PLAT BOOK
#1, PAGE #1; THENCE NORTH 00°28'51" WEST ALONG THE ORIGINAL EASTERLY RIGHT-OF-WAY
LINE OF MAIN STREET, A DISTANCE OF 20.63 FEET; THENCE ALONG THE SOUTHERLY RIGHT-OF-
WAY LINE OF THE MAIN-MARION STREET CONNECTOR FOR THE NEXT SIX (6) COURSES: ALONG A
CURVE TO THE RIGHT WITH A RADIUS OF 278.31 FEET, AN ARC LENGTH OF 189.94 FEET WITH A
CHORD BEARING OF NORTH 18°25'45" EAST, AND A CHORD LENGTH OF 186.28 FEET, AND
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 211.78 FEET, AN ARC LENGTH OF
86.06 FEET, WITH A CHORD BEARING OF NORTH 52°27'43"EAST,A CHORD LENGTH OF85.47 FEET;
AND THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 200.00 FEET,AN ARC LENGTH
OF 73.99 FEET, WITH A CHORD BEARING OF NORTH 74°42'09" EAST, AND A CHORD LENGTH OF
73.57 FEET; AND THENCE NORTH 85°18'04" EAST, A DISTANCE OF 40.85 FEET; AND THENCE
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 100.00 FEET,AN ARC LENGTH OF 58.46 FEET,
WITH A CHORD BEARING OF SOUTH 77°57'07" EAST, AND A CHORD LENGTH OF 57.63 FEET;AND
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 104.80 FEET, AN ARC LENGTH OF
78.12 FEET, WITH A CHORD BEARING OF SOUTH 39°50'55" EAST,AND A CHORD LENGTH OF 76.33
FEET,TO A POINT ON THE ORIGINAL WESTERLY RIGHT-OF-WAY LINE OF DR. MARTIN LUTHER KING
JR. BOULEVARD (FORMERLY KNOWN AS MICHIGAN STREET); THENCE SOUTH 00°34'56" EAST
ALONG SAID WESTERLY-RIGHT-OF-WAY, A DISTANCE OF 19.89 FEET TO THE SOUTHEAST CORNER
OF THE NORTH HALF OF LOT# 158 IN SAID PLAT; THENCE NORTH 40°47'35" WEST, A DISTANCE
OF 43.37 FEET TO A POINT ON THE NORTH LINE OF SAID LOT# 158; THENCE NORTH 57°55'12"
WEST, A DISTANCE OF 55.85 FEET;THENCE SOUTH 89°35'33"WEST PARALLEL WITH SAID NORTH
LINE OF LOT# 158, A DISTANCE OF 50.00 FEET; THENCE SOUTH 53°01'11" WEST, A DISTANCE OF
50.35 FEET TO THE NORTHWEST CORNER OF SAID LOT# 158; THENCE SOUTH 59°35'02" WEST,A
DISTANCE OF 16.15 FEET TO A POINT ON THE EAST LINE OF LOT # 167 IN SAID PLAT OF "THE
TOWN, NOW CITY OF SOUTH BEND"; THENCE SOUTH 49°29'24" WEST, A DISTANCE OF 90.04
FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT# 167; THENCE SOUTH 38°14'39" WEST A
DISTANCE OF 84.63 FEET, TO A POINT ON THE SOUTH LINE OF LOT # 166 IN SAID PLAT; THENCE
SOUTH 31°25'21" WEST, A DISTANCE OF 16.48 FEET TO A POINT ON THE NORTH LINE OF LOT#
165 IN SAID PLAT; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 328.10 FEET, AND
AN ARC LENGTH OF 71.29 FEET, WITH A CHORD BEARING OF SOUTH 21°19'32" WEST, AND A
CHORD LENGTH OF 71.15 FEET, TO A POINT ON THE NORTH LINE OF SAID LOT # 164; THENCE
SOUTH 89°35'01" WEST, ALONG SAID NORTH LINE OF SAID LOT# 164,A DISTANCE OF 8.52 FEET,
TO THE POINT OF BEGINNING.
SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD.
CONTAINING 0.46 ACRES, MORE OR LESS.
VACATION DIAGRAM
PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST,
CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
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