HomeMy WebLinkAbout9862-08 Vacation - Easement - DeRue Court from Jefferson Blvd extended to St. Joseph StreetORDINANCE No. oa
Passed by the Common Council of the City of South Bend, Indiana
September 8, 20 08
Attest:
JOHN
,.___-.~
Attest: ~~~
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 9,
20
08
City Clerk
Approved and signed by me September 10 , 20 0 8
,G~-~- ~ ~u~- ~~-~- Mayer
ORDINANCE NO. ~ ~ (O~-~ 0
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE EAST 12 FEET OF DERUE COURT FROM JEFFERSON
BOULEVARD TO THE NORTH LINE OF THE SOUTH 13
FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS
EASEMENT PER INSTRUMENT NUMBER 0365811 AND
SAID SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC
INGRESS EGRESS EASEMENT FROM THE WEST LINE OF
THE EAST 12 FEET OF DERUE COURT EXTENDED TO ST.
JOSEPH STREET.
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:
A PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT NUMBER 38 OF
THE ORIGINAL PLAT OF THE TOWN, NOW CITY, OF SOUTH BEND,
INDIANA; THENCE SOUTH 89 DEGREES 45 MINUTES 18 SECONDS
WEST, ALONG THE NORTH LINE OF SAID LOT 38, A DISTANCE OF
128.29 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00
DEGREES 17 MINUTES 45 SECONDS EAST, ALONG THE EAST LINE OF
DERUE COURT, A DISTANCE OF 198.04 FEET TO THE SOUTH LINE OF
LOT 40 IN SAID ORIGINAL PLAT; THENCE SOUTH 89 DEGREES 45
MINUTES 03 SECONDS WEST, ALONG SAID SOUTH LINE EXTENDED
WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 00 DEGREES 17
MINUTES 45 SECONDS WEST, PARALLEL WITH THE EAST LINE OF
DERUE COURT, A DISTANCE OF 198.04 FEET TO THE NORTH LINE OF
SAID LOT 38 EXTENDED WEST; THENCE SOUTH 89 DEGREES 45
MINUTES 18 SECONDS EAST, ALONG EXTENDED NORTH LOT LINE, A
DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING; SAID
DESCRIBED TRACT CONTAINING 0.055 ACRES, MORE OR LESS; AND
A PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 38 OF
THE ORIGINAL PLAT OF THE TOWN, NOW CITY, OF SOUTH BEND,
INDIANA; THENCE SOUTH 89 DEGREES 45 MINUTES 18 SECONDS
WEST, ALONG THE NORTH LINE OF SAID LOT 38, A DISTANCE OF
140.29 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 45 SECONDS
WEST, PARALLEL WITH THE EAST LINE OF DERUE COURT EXTENDED
NORTH, A DISTANCE OF 13.00 FEET; THENCE NORTH 89 DEGREES 45
MINUTES 18 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF
SAID LOT 38, A DISTANCE OF 140.26 FEET TO THE EAST LINE OF SAID
LOT 38 EXTENDED NORTH; THENCE SOUTH 00 DEGREES 24 MINUTES
52 SECONDS EAST, ALONG SAID EXTENDED EAST LOT LINE, A
DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING; SAID
DESCRIBED TRACT CONTAINING 0.042 ACRES, MORE OR LESS;
SUBJECT TO ALL COVENANTS, RESTRICTIONS, AND RIGHTS OF WAY
OF RECORD.
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 38 THROUGH 43 IN THE ORIGINAL PLAT OF THE
TOWN, NOW THE CITY OF SOUTH BEND, INDIANA, AND
LOT 43A AND AA OF THE HALL OF FAME & CHOCOLATE
CAFE MINOR SUBDIVISION.
Section IV. The purpose of the vacation of the real property is
VACATE A 12 FOOT WIDE STRIP OF DERUE COURT, 40
FEET IN WIDTH, AND A 13 FOOT WIDE STRIP OF AN
INGRESS EGRESS EASEMENT, 30 FEET IN WIDTH, FOR
THE USE AND BENEFIT OF LOTS 38 THROUGH 40 WITHIN
THE ORIGINAL PLAT OF THE TOWN, NOW THE CITY OF
SOUTH BEND.
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.
Member of the Co mon Council
Attest:
ity C rk
Presented by me to the Mayor of the City of South Bend, Indiana on the
~(.,-~ day of ew.~w , 2 00 , at 3 -oS~ o'clock ~_. m.
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City CI rk ~
A proved and signed by me on the ~ day of .~ f, , 2 co , at
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~l~ ~ ~
Mayor, City o outh Bend, Indiana
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AUG - G ~~$
dQNN ySa BEND IN.
CITY CLERK,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
49-08 BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
EAST 12 FEET OF DERUE COURT FROM JEFFERSON BOULEVARD
TO THE NORTH LINE OF THE SOUTH 13 FEET OF A 30 FEET WIDE
PUBLIC INGRESS EGRESS EASEMENT PER INSTRUMENT
NUMBER 0365811 AND SAID SOUTH 13 FEET OF A 30 FEET WIDE
PUBLIC INGRESS EGRESS EASEMENT FROM THE WEST LINE OF
THE EAST 12 FEET OF DERUE COURT EXTENDED TO ST. JOSEPH
STREET
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation.
Derek Dieter
Chairperson, Committee of the Whole
PETITION TO VACATE PUBLIC RIGHTS-OF--WAY
jSTREETS/ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: August 6, 2008
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY / INGRESS ~ EGRESS CASEMENT DESCRIBED AS:
The South 13 feet of an ingress-Egress Easement, 30 width in width,. shown on the Hall of
Fame & Chocolate Cafe Minor Subdivision (Instr. #03658111 from the West line of the east 12
feet of DeRue Court extended north to St. Joseah Street.
B. THE STREET DESCRIBED AS:
The East 12 feet of DeRue Court. 40 feet in width, from Jefferson Boulevard to the North line of
the South 13 feet of an Ingress/Egress Easement, 30 feet in width, shown on the Hali of Fame
& Chocolate Cafe Minor Subdivision (Instr. #0365811).
NAME (signed & printed) ADDRESS
City of South Bend, Redevelopment 1200 County-City Building,
Autho South Bend, IN 46601
Do a .Inks, irect
(5i ned)
City of South Bend, for the Use ~
Benefit of Its Department of
Redevelopment
Dona E. Inks, Director
Divis~n of Econbinic elo ent
(Sjgned)
1200 County-City Building,
South Bend, iN 46601
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
574-235-9221
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LOT #
AA
Hall of Fame &
ChocolateCafe Minor
Sub. (Instr. #0365811)
38 through 40
Original Plat of the
Town, now the City of
South Bend (Plat Book
1, Page 18:2)
CONTACT PERSON (S)
NAME: Derek J. Spier, AICP
ADDRESS: 750 Lincoln Way East
South Bend, IN 46601
PHONE: 574-232-8700
NAME: Jennifer Laurent, Economic
Development Specialist
Department of Economic
Development
ADRESS: 1200 County-City Building,
South Bend, IN 46601
PHONE: 574-235-9336
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LEGAL DESCRIPTION ~~ ABONMARCHE CONSULTANTS, L.L.C.
A PORTION OF DeRUE COURT
~ 750 Lincoln Way East Fort Wayne, Indiana
Prepared for City of South Bend, South Bend, Indiana 46601 Benton Harbor, Michigan
a Community and Economic Development (574) 232-8700 Manistee, Michigan
by Abonmarche Consultants of Indiana, LLC. FAX: (574) 251-4440
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ABONMARCHE 227 West Jefferson Boulevard, Suite 400 South
South Bend, IN 46614
Confidence By Design
RE: Vacation of Public Rights-of-Way
Part of DeRue Court 8~ Part of lot AA of the Hall of Fame 8~
ENGINEERS Chocolate Cafe Minor Subdivision
ARCHITECTS
PLANNERS Dear Honorable Members:
SURVEYORS
Please accept the attached petition and ordinance as our firm's written
750 Lincoln Way East request, on behalf of our client, the Cify of South Bend Department of
South Bend, 1N 46601 Community and Economic Development to vacate the following
T. 574-232-8700 described public rights-of-way: (1) the east 12 feet of DeRue Court from
F. 574-251-4440 Jefferson Boulevard to the north line of the south 13 feet of a 30 foot
www.abonmarche,com ingress /egress easement located within Lot AA of the Hall of Fame &
Chocolate Cafe Minor Subdivision, Exhibit B-1 attached; (2) and the south
FORT WAYNE, IN
BENTON HARBOR, Mi 13 feet of said 30 foot ingress /egress easement from the west line of the
MANISTEE, MI east 12 feet of DeRue Court extended to St. Joseph Street, Exhibit B-2
SOUTH HAVEN, MI attached. Please refer to the attached location map for the areas to be
vacated.
The Department of Community of Economic Development is in the
process of redeveloping Lots 38, 39, and 40 in the Original Plat to the City
of South Bend lying contiguous to the proposed vacated right-of-way and
ingress/egress easement into a hotel and parking facility. The vacated
real estate is needed for the planned development of said lots.
The City Board of Public Works considered and approved both the
vacation and easement releases within these public rights-of-way at their
July 28~h meeting.
If you have any questions or comments regarding this vacation request,
please contact our office at 232-8700 or Jennifer Laurent, Economic
Development Specialist with the Department of Community and
Economic Development at 235-9336.
We appreciate your time and consideration on this request.
sincerely, F9{~d In Cl~rk'~ C~~~~~
ABONMARCHE CONSULTANTS, L.L.C.
s/L-- AUG - 6 2008
Derek J. Spier, AICP
Planner
cc: File M8-0554-132 ~~ C~~RtKVSQ. ~~E~~~ ~~•
Jennifer Laurent, Economic Development Spe
August 6, 2008
City of South B
Common Cou
F:\Projects\M8-0554\Public Right-of-Way Vacation LOT- for merger.doc
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CITY OF .MOUTH BEND STEPHEN J. LUECIiEy MAYOR
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TO: .Tcnnifer Laurant
FROM: Linda Martin, Clerk `fY"~``
SUBJECT: Alley Vacation -Portion of DeRue Court and Access Easement
DATE: 7/28/08
The Board of Public Works, at its meeting held on July 28, 2008, meeting, reviewed the
above referenced request and gives a favorable recommendation for vacation. Please note, the
Board corrected the alley name to DeRue Court, rather then Woodward Court.
However, please address the following items:
- Ownership of the Land, if any, by the College Football Hall of Fame;
- Bond restrictions.
You will need a radius map showing properties within 150' of the proposed vacation for
your petition to the Common Council. Please contact Tony Molnar at extension 9251 prior to
picking up your radius Inap. Once you pick up the radius map, proceed to the City Clerk's office
for your alley vacation packet.
GARY A. GILOT, P.E, CARL P. LITTRELL, P.E. DONALD E. INKS
PRESIDENT MEMBER MEMEER