HomeMy WebLinkAboutVacation - Street - Ironwood Drive, Lincolnway EastORDINANCE No.
9158-00
Passed by the Common Council of the Ciry of Soutlt Bend, Indiana
November 13, 00
20
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
_ November 14, 20 00
Ciry Clerk
President of Common Council
Ciry Clerk
Approved and signed by me November 14, 20 00
Mayor
ORDINANCE NO. ~ ~ S $ - D O
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The street to be vacated is a portion of Ironwood Drive from the South R/W line of Lmcolnway
East to the North R/W line of the Conrail (now Norfolk and Southern) tracks for a distance of 108.14 feet
and 84.47 feet and a width of 30 feet in the City of South Bend, St. Joseph County, Indiana.
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 properly.
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 Northeast Quarter of the Southeast Quarter of Section 18, Township 37 North, Range
3 East, City of South Bend, St. Joseph County, Indiana described as follows: Beginning at the intersection
of the original center line of Ironwood Drive and the north line of Consolidated Rail Corporation
(CONRAIL); thence South 88 degrees 43 minutes 35 seconds West 30.01 feet along the north line of
CONRAIL to the original west line of Ironwood Drive; thence North 00 degrees 00 minutes 00 seconds
East 84.47 feet more or less along the original west line of Ironwood Drive to the back of the retaining wall
as shown on the construction plans for St Joseph County Ironwood/CONRAIL
Grade Separation Project No. S612-76; thence North 50 degrees 56 minutes 41 seconds East 38.63 feet
along the back side of said retaining wall to the original centerline of Ironwood Drive; thence South 00
degrees 00 minutes 00 seconds West 108.14 feet more or less along said original centerline of Ironwood
Drive to the point of beginning and containing 2,889 square feet more or less.
hereby determines that 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 vacatedright-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:
Parcel # 18-7079-2899 and Parcel # 16-1212-81321ot #2
SECTION IV. The purpose of the vacation of the real property is to join together my properties
which are now separated by that portion which was formerly Ironwood Drive.
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.
L
Member of the Common Council
1 st READING ~ 0-23-Q~
PUBLIC HEARING ~~-\.3'~
3 rd READING 1 ~-\ 3 ~~~
NOT APPROVED
REFERRED
PASSED `~' \ 3' ~~
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OCT 1 3 2Q0~
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
98-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE STREET TO BE VACATED IS A PORTION OF IRONWOOD
DRIVE FROM THE SOUTH R/W-LINE OF LINCOLNWAY EAST
TO THE NORTH R/W LINE OF THE CONRAIL (NOW NORFOLK
AND SOUTHERN) TRACKS FOR A DISTANCE OF 108.14 FEET
AND 84.47 FEET AND A WIDTH OF 30 FEET IN THE CITY
OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA
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.
Andrew Udj ak
Chairman
PETITION TO VACATE PUBLIC RIGHTS-OF WAY
(STREETSlALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE ~ Q ~- /3 - ~ Q
I (WE), THE UNDERSIGNED PROPERTY OWNER (S), PETITION YOU TO VACATE:
THE STREET DESCRIBED AS: A portion of Ironwood Drive from the south R/W line of Lincoln Way
East to the north R/W line of the Conrail (now Norfolk and Southern) tracks for a distance of 108.14 feet
and 84.47 feet and a width of 30 feet in the City of South Bend, St. Joseph County, Indiana.
NAME (signed &printed)
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ADDRESS
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LOT #
RETURN TO:
OFFICE OF THE CITY CLERK
LORETTA J. DUDA, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601
219-235-9221
CONTACT PERSON (S)
NAME: DONALD J. KELLY
ADDRESS: P.O. BOX 526
MISHAWAKA, IN 46546
PHONE: (219) 258-6061
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STREET VACATION
A part of the Northeast Quarter of the Southeast Quarter of
Section 18, Township 37 North, Range 3 East, City of South Bend,
St.Joseph County, Indiana described as follows: Beginning at the
intersection of the original center line of ironwood Drive and the
north line of Consolidated Rail Corpration (CONRAIL); thence
South 88 degrees 43 minutes 35 seconds West 30.01 feet along
the north line of CONRAIL to the original west line of Ironwood
Drive; thence North 00 degrees 00 minutes 00 seconds East 84:47
feet more or less along the original west line of Ironwood Drive to
the back of the retaining wall as shown on the consatruction plans
for St.Joseph County Ironwood/CONRAIL Grade Seperation
Project No. 5612-76; thence North SO degrees 56 minutes 41
seconds East 38.63 feet along the back side of said retaining wall
to the original centerline of Ironwood Drive; thence South 00 degrees
00 minutes 00 seconds West 108.14 feet more or less along said
original centerline of Ironwood Drive to the point of beginning and
containing 2,889 square feet more or less.
Donald J. and Leslie L. Kelly
P.O. Box 526
Mishawaka, IN 46546
October 13, 2000
Member of the Common Council
of the City of South Bend, Indiana
We are hereby submitting to you a "Petition to Vacate" a portion of the former
Ironwood Drive, which lies within the boundaries of the City of South Bend, Indiana.
This portion can now only be accessed by crossing over our property which lies to the
east. Since Ironwood Drive was re-routed to the west at the time of the completion of the
"Conrail Underpass Project", this portion of Ironwood Drive is no longer of any use to
the city.
We appreciate your consideration in this matter.
Sincerely,
Donald J. Kelly
Les ie L. Kelly
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.Y
COUNTY OF ST. L10SEPH, INDIANA
DEPARTMENT OF PUBLIC WORKS
732 COUNTY-C(TY BUILDING
227 WEST JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601
TELE (2 19) 235-9626
FAX (2 19) 235-5057
November 30,1998
J,
Mr. Donald J. Kelly ~ ~~ j D~ l
Mrs. Leslie L. Kelly (Ci
P.O. Box 526
Mishawaka, IN. 46546
Re: Ironwood/Conrail Grade Sepazation
Utility Easement Grant
Dear Mr. & Mrs. Kelly:
DIVISIONS
HI6HWAY3
Souo WAST£ D,SPOSAL
BRIDGES
ENVIRONMENTAL SERVICES
BOARD OF COMMISSIONERS
BEVERLY D. CRONE
CYNTHIA A. BODLE
RICHARD L. LARRISON
COUNTY ENGINEER
SUSAN D. AL-ABBAS, P.E.
Transmitted herewith is the Easement Grant for the 25 foot utility easement across Lot 8. It is my
understanding that you are willing to grant the easement in exchange for the County fulfilling the
following conditions:
1. The easement is for gas and water only, and no overhead utilities will be allowed on
or over the easement. This condition has been incorporated in the Easement Grant.
2. The driveway to your property on Lot 8 will be 36 feet wide. This has been
incorporated into the construction plans.
3. ,There will be a sanitary sewer lateral for your property. This has been incorporated
into the construction plans.
4. You will be allowed to purchase the excess property west of Old Ironwood Drive and
east of the new retaining wall, approximately 1,820 squaze feet, and the excess
portion of Lots 2, 3 and 4 of Middleboro Addition, approximately 13,661 squaze feet
for the appraised amount of $1,700.00. Please note that the County will retain an
easement for the maintenance and use of a retaining wall over the entire 1,820
squaze feet pazcel west of old Ironwood Drive. This property can be used for
pazking, but cannot be used for the construction of a permanent structure.
St. Joseph County will prepaze plats and legal descriptions for the sale of the two
properties mentioned above. It is our understanding that you may want to vacate the
portion of old Ironwood Drive adjacent to these properties. The County will also
prepare plats and legal descriptions for the portion of old Ironwood Drive which can
November 30, 1998
Mr. Donald J. Kelly
Mrs. Leslie L. Kelly
Re: Ironwood/Conrail Grade Separation
Utility Easement Grant
Page 2.
be vacated by South Bend and/or Mishawaka. As a condition of this transaction, the
County will require that these plats and legal descriptions be used if you request the
vacation. This property will also have an easement for utilities and maintenance of
the retaining wall as shown on the plats and legal descriptions.
5. The parking lot will be patched within the 25 foot utility easement in azeas disturbed
by the construction of the gas and/or water main across said easement. The patch
shall be at a minimum of the same depth as the existing pavement.
6. St. Joseph County shall replace the pavement behind the retaining wall on Lots 5, 6,
7 and 8, as shown on the plans.
Please feel free to have your lawyer review this document and please notify us of any revisions you
find necessary. If no revisions aze required to this document, please contact Mr. Paul Foster of Cole
Associates, Inc. at (219) 236-4400 to set up a meeting to sign and notarize the document.
We appreciate your patience and help in resolving this matter.
_ Very truly yours,
Susan D. Al-Abbas, P.E.
St. Joseph County Engineer
SDA/cgl
cc: -Cole Associates, Inc.
-File
Utility Easement Grant-Iron-Underpass.wpd
1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1H3O
CITY OF SOUTH BEND STEPHEN J. LUECKEp MAYOR
BOARD OF PUBLIC WORKS
November 13, 2000
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Vacation of Property
Dear Members of the Council:
PxoNE219/235-9251
Fax 219/235-9171
TDD 219/235-5567
In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being
submitted to the Common Council concerning the vacation of property, as follows:
A portion of Ironwood Drive from the south R/W line of Lincolnway East to the north R/W
line ofthe Contrail (now Norfolk and Southern) tracks for a distance of 108.14 feet and 84.47
feet and a width of 30 feet in the City of South Bend, St. Joseph County, Indiana.
For your information, the Board ofPublic Works received unfavorable recommendations from
the Fire Department, Bureau of Sanitation, Division of Engineering, Police Department and the Area
Plan Commission concerning this vacation, subject to any utility easements.
Therefore, the Board submits to you a favorable recommendation concerning this vacation.
Si \erely,
c 2 ~~
Angela K~acob, ClerlcJ
Attachments