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HomeMy WebLinkAboutGranting an Easement to Chicago South Shore and South Bend Railroad to lay Railroad Tracks Across StreetsORDINANCE No- 6745-80 Passed by the Common Council of the City of South Bend, February 11, r9 80 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 12, Ig 80 City Clerk IRENE K. GAMMON Approved and signed by me ORDINANCE NO. 6 7 I/ ",'0 AN ORDINANCE GRANTING AN EASEMENT TO CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD ALONG BENDIX DRIVE AND RATIFYING PERMISSION TO LAY RAILROAD TRACKS ACROSS STREETS. STATEMENT OF PURPOSE AND INTENT: The purpose and intent of this Ordinance is to ratify the action of the Board of Public Works, City of South Bend, Indiana pertaining to the relocation of the Chicago South Shore and South Bend Railroad's track in Bendix Drive, from Westmoor Street north to Lincoln Way West. Moving the railroad's track to the east side of the right -of -way will enable the City to construct a well- engineered street with good drainage. Bendix Drive is a public street in South Bend, Indiana, extending in a northerly and southerly direction and as said street extends in part from Westmoor Street to Lincoln Way West, there is a track of the Chicago South Shore and South Bend Railroad located in the traveled portion of the street, and the street in its present condition is difficult to maintain and to provide proper drainage; and the City,desires to improve Bendix Drive and to construct new curbs and gutters from Westmoor Street to Ardmore Trail and to remove the South Shore railroad track from the traveled por- tion of said street; and the Board of Public Works of the City of South Bend (City) and Chicago South Shore and South Bend Railroad (South Shore) have entered into a Land Exchange Agreement dated November 6, 1978; and South Shore has executed and delivered a Quit Claim Deed to right -of -way between LaPorte Avenue and West Colfax Avenue in the City of South Bend, dated December 14, 1978, to City as provided for in the Land Exchange Agreement; and the Chicago South Shore and South Bend Railroad desires to relocate its railroad track from the traveled right -of -way of Bendix Drive to a right -of -way 21 feet in width along the east side of said street extending from a point approximately 200 feet south of Prast Boulevard to Lincoln Way West; and the Board of Public Works of the City of South Bend has heretofore granted written permission to the Chicago South Shore and -1- South Bend Railroad to reconstruct its railroad tracks on Bendix Drive right -of -way across Prast Boulevard, Hartzer Street, Bonds Avenue, Green Street and Ardmore Trail. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. That the Chicago South Shore and South Bend Railroad be, and it hereby is, granted an easement 21 feet in width along the east side of Bendix Drive in South Bend, Indiana, from a point approximately 200 feet south of Prast Boulevard to a point at the intersection of Lincoln Way West and Bendix Drive, more particularly described as follows: A part of the West half of the Northwest Quarter and a part of the West Half of the Southwest Quarter of Section 3, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning on the South line of said Northwest Quarter section at a point North 90 degrees 00 minutes 00 seconds East 9.00 feet from the Southwest corner of said Northwest Quarter section; thence North 0 degrees 00 minutes 00 seconds East 1,556.94 feet parallel with the West line of said section; thence Northeasterly 92.98 feet along an arc to the right having a radius of 776.99 feet and subtended by a long chord having a bearing of North 4 degrees 44 minutes 55 seconds East and a length of 92.93 feet to the prolonged Southwestern boundary of Lincoln Way West; thence South 67 degrees 55 minutes 22 seconds East 21.65 feet along said prolonged Southwestern boundary; thence Southwesterly 85.03 feet along an arc to the left having a radius of 755.99 feet and subtended by a long chord having a bearing of South 4 degrees 33 minutes 38 seconds West and a length of 84.99 feet; thence South 0 degrees 00 minutes 00 seconds East 1,784.69 feet parallel with the West line of said section; thence South 90 degrees 00 minutes 00 seconds West 21.00 feet; thence North 0 degrees 00 minutes 00 seconds East 228.00 feet parallel with the West line of said section to the point of beginning and containing 0.903 acres, more or less for the purpose of constructing, operating, and maintaining a railroad track and connecting to existing railroad track at the South and North ends thereof, such "track may tre of open construction except at the intersections M1 of Prast Boulevard, Hartzer Street, Bonds Avenue, Green Street and Ardmore Trail, except at all existing driveways, and except on Bendix Drive between Ardmore Trail and Lincoln Way West (U.S. 20), where there shall be closed construction. Said closed construction shall be at an elevation which is compatable with th-e elevation of the Bendix Drive and intersecting street improvements., The Chicago South Shore and South Bend Railroad shall not have the right to fence this easement in its entirety or in part. The Chicago South. Shore and South Bend Railroad shall not utilize this easement for the purpose of storing freight or passenger cars. SECTION II. Written permission of the Board of Public Works of South Bend, Indiana having been obtained by Resolution of said board adopted on the 28th day of January, 1980 to lay a track in the right -of -way described in Section I hereof across Prast Boulevard, Hartzer Street, Bonds Avenue, Green Street and Ardmore Trail., such permission of the Board of Public Works is hereby ratified. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and fulfillment of all statutory requirements, l v Member of the.Common Counci Passed, as amended, February 11, 1980 TommUttr Airport Xv tot Tommou 010undt of t4r M4; of oout4 jotnb: Your Committee OF THE WHOLE to whom was referred A BILL GRANTING AN EASEMENT TO CHICAGO SOUTH SHORE AND SOUTH BEND RAILROAD ALONG BENDIX DRIVE AND RATIFYING PERMISSION TO LAY RAILROAD TRACKS ACROSS STREETS. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. as amended: Page 2, last sentence, after "track" change to to "may" Page 3, after Ardmore Trail - add except at all existing driveways,. After the word "construction: add "Said closed construction shall be at al elevation which is.compatable with the elevation of the Bendix Drive and intersecting street improvements. The Chicago South Shore and South Bend Railroad shall not have the right to fence the easement in its entirety or in part. The Chicago South Shore and South Bend Railroad shall not utilize this easement for the purpose of storing freight or passenger cars. WALTER SZYMKOWIAK Chairman FREE PRESS PUBLISHING CO. CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 January 10, 1980 Members of the Common Council County -City Building South Bend, IN 46601 Re: An Ordinance granting an easement to Chicago, South Shore and South Bend Railroad along Bendix Drive and ratifying permission to lay railroad tracks across streets. Gentlemen: The City plans to improve Bendix Drive and to construct new curbs and gutters from Westmoor Street north to Lincolnway West. To do this work, we find it advisable to move the railroad tracks from the center of the traveled portion of the street to the east side of the right -of- way. We would appreciate your favorable consideration of this Ordinance so that this project may be constructed. Respectfully submitted, Patrick M. McMahon, P.E. Director PMMc /mkm MARI) (i H.IB ..I : WOfxK DATE; January 28r 1980 W TO: Irene K. Gammon, City Clerk FROM: Barbara J. Byers, Clerk The Board of Public Works, at its meeting held on January 28, 1980, approved and signed Resolution No. 3 which grants permission to the Chicago South Shore and South Bend Railroad to construct new track crossings across Prast Boulevard, Hartzer Street, Bonds Avenue, Green Street and Ardmore Trail The Common Council will have first reading on this matter at its meeting this evening, January 28, 1980. Enclosed is a copy of Resolution No 3 to include in your fides, BOARD OF PUBLIC WORKS �- Barbara J. Byers, Clerk BJB /mm Enclosure