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Home My WebLink About11223-25 Right-of-Way (ROW) Vacation - Property Located Near the Intersection of Emerson Forest Parkway and Irvington Drive United States of America CD 2 .7,*+: CV co CO =� ~ —RECEIVED- . _ NOV 0 7 2025 I j,�D ST. JOSEPH COUNTY NOV 0 7 2025 ASSESSOR Certificate S, JCSEPH ORuN, STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: I, Bianca L. Tirado, Clerk of the City of South Bend, County of St. Joseph Indiana hereb 2O25-z8s37 certify that the attached and foregoing is a full, true, and correct copy of RECORDED AS PRESENTED ON 11/07/2025 11:04 AM CANDACE S.BROWN ST.JOSEPH COUNTY RECORDER PGS:6 FEES:25.00 ORDINANCE NO. 11223-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN EAST-WEST STUB STREET EXTENDING EASTERLY FROM EMERSON FOREST PARKWAY AND 95 FEET SOUTH OF IRVINGTON DRIVE IN WOODHAVEN SECTION ONE SUBDIVISION PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SEPTEMBER, 8, 2025 PRESENTED TO APPROVED AND SIGNED BY MAYOR JAMES MUELLER, SEPTEMBER, 15, 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 of South Bend, St. Joseph County, Indiana, this f4 day of N✓cw+icr' 20 ZS Bianca L. Tirado • j0TH Clerk of the City of South Bend �` d St. Joseph County, Indiana E., �� • �'%. B � �� ` ate fa• a pl t\y`-4 1.44 a a4 c" ALL Deputy City Clerk ORDINANCE No . 11223-25 Passed by the Common Council of the City of South Bend, Indiana September 8, 25 20 Attest: 1...,,,p---- 44 City Clerk Bianca L. Tirado (2 Attest: T IM iv President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 9, 20446040vP 25 LCity Clerk Bianca L. Tirado Approved and signed by me Se' 11`" I , 20 25 I r lite-------- Mayor -4.>j, y°°t Z ps c::-.4,,. • 0.- . 4 ; I,%`r fA , �t •'1e6 BILL NO. 50-25 ORDINANCE NO. 11223-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN EAST-WEST STUB STREET EXTENDING EASTERLY FROM EMERSON FOREST PARKWAY AND 95 FEET SOUTH OF IRVINGTON DRIVE IN WOODHAVEN SECTION ONE SUBDIVISION STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation of the undeveloped stub street to be replaced with a portion of a newly platted lot for a proposed major primary subdivision. 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: An east-west stub street extending easterly from Emerson Forest Parkway and 95 feet south of Irvington Drive in Woodhaven Section One Subdivision,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: Parcel ID 018-8154-554553 Parcel ID 018-8154-5545 Parcel ID 018-8154-554501 SECTION IV. The purpose of the vacation of the real property is for the undeveloped stub street to be replaced with a portion of a newly platted lot for a proposed major primary subdivision.. SECTION V. The vacation is subject to the elimination of the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications within ninety (90) days of final approval by the Common Council. SECTION VI. 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. 1 2fTy, v Y"� Canneth J. Lee, Councillent P South Bend Common Council Attest: Bianca L. Tirado, Cit erk 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 9th day of September , 2025, at 12 o'clock p.m. Bianca L. Tirado, ity lerk Office of the City C erk Approved and signed by me on the 51 day of S frf"'Li , 2025, at } o'clock f.m. Jam Mueller, Mayor Cit of South Bend, Indiana r 2 EXHIBIT A LEGAL DESCRIPTION A PART OF WOODHAVEN SECTION ONE, AS RECORDED IN INSTRUMENT NUMBER 0542475 IN THE OFFICE OF THE ST.JOSEPH COUNTY RECORDER,SAID PLAT BEING IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22,TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST.JOSEPH COUNTY, INDIANA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED UPON THE RECORDED PLAT OF SAID WOODHAVEN SECTION ONE. BEGINNING AT THE SOUTHEAST CORNER OF SAID WOODHAVEN SECTION ONE; THENCE NORTH 00°16'28" WEST,ALONG THE EAST LINE OF SAID WOODHAVEN SECTION ONE,A DISTANCE OF 25.00 FEET TO THE SOUTHEAST CORNER OF LOT 122, AS SHOWN ON SAID WOODHAVEN SECTION ONE; THENCE SOUTH 89°43' 33" WEST,ALONG THE SOUTH LINE OF SAID LOT 122, A DISTANCE OF 65.00 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET,AND SUBTENDED BY A CHORD BEARING NORTH 46° 16' 28"WEST,A DISTANCE OF 28.28 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, AN ARC DISTANCE OF 31.42 FEET TO THE EAST RIGHT OF WAY LINE OF EMERSON FOREST PARKWAY; THENCE SOUTH 00° 16' 28" EAST, ALONG THE EXTENDED EAST RIGHT OF WAY LINE OF SAID EMERSON FOREST PARKWAY,A DISTANCE OF 45.00 FEET TO THE SOUTH LINE OF SAID WOODHAVEN SECTION ONE; THENCE NORTH 89°43' 33" EAST, ALONG SAID SOUTH LINE,A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING CONTAINING 2,211 SQUARE FEET(0.05 ACRES), MORE OR LESS, AND SUBJECT TO ALL COVENANTS, RIGHTS OF WAY, AND EASEMENTS OF RECORD. 4/07/2025 `��tttuulnurr�� HANS P. MUSSER, PS DATE , Ss�''% _S29�0�002 JOB NO.: 24-2170 - STATE OF gtiO ,,,,,, \\�. '�irrrrrnntut�� 0:\PROJECTS\2024\24-2170 WOODHAVEN HILLS\WORKING- DESIGN\SURVEY\LEGALS AND REPORTS\24-2170 RIGHT OF WAY VACATION DESCRIPTION.DOCX EXHIBIT B PART OF WOODHAVEN SECTION ONE LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA IRVINGTON DRIVE t (60' R/W) Z < O h F= nfill LOT 122 N 4 I cc I 3 I WOODHAVEN v I I SECTION ONE .= 4 INSTR.#0542475 C.) at tL 0 20 40 cO y ---- LOT 36 Ce I \ SCALE : 1=40' S WOODHAVEN R=20',L=31.42' v SECTION ONE I Z 1 in 11 D=89°59'S9" INSTR.#0542475 I O v CH:N45°16'28"W,28.28' u N» S00°16'28"E F- p� S89°43'33'W 65.00' NO0°16'28"W 12] ILI 45.00'1 — — — 25.00' Z USO F- 4 U — < s UNE WOODHAVEN, SECTION ONE N89°43'33"E 85.00' o O.B. Description Area Fs Description CORNER J 0.05± ACRES WOODHAVEN, op N SECTION ONE c WOODHAVEN,LLC id INSTR.#0408108 0 i I E. BSIS OF BEARING: WOODHAVEN, SECTION ONE QJ vs rc :RABONMARCHE RIGHT OF WAY VACATION SKETCH South31Bt Bend,IN. BerSouth Haroor Valpoiso — Bend.IN.46601 South Bend H000rt T 574.232.87GO Goshen Kalamazoo el 4WOODHAVEN,SECTION ONE F 574.251.4440 Fort Wayne Grand Haven 4 abonmarche.com Lafayette Grand Rapids r`1 O CaPriiGK Z075-.>BOn+.uaCHE CCNS'v:nnIS PVC. =nguteerrg uchileclureLoncS,irvann, - Vl y. DATE: 04/07/2025 ACI JOB#:24-2170 SHT: 1 of 1 a a 0