HomeMy WebLinkAboutCity of South Bend to Acquire certain Land located Near the Intersection of Lincoln Way West & Bendix Dr.Attest:
RESOLUTION
3131 -02
Passed by the Common Council of the City of South Bend, Indiana
October 28,
02
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
October 29 2002
Approved and signed by me October 29
City Clerk
President of Common Council
20g2 .
City Clerk
LM.
RESOLUTION NO. —3 131' n—
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, TO ACQUIRE CERTAIN LAND LOCATED NEAR THE INTERSECTION
OF LINCOLN WAY WEST AND BENDIX DRIVE IN SOUTH BEND, INDIANA
WHEREAS, it is deemed necessary and desirable by the South Bend Board of Public
Works to acquire certain land located near the intersection of Lincoln Way West and Bendix
Drive in South Bend, Indiana, which real property is more particularly described as follows:
Parcel 1. Owner: McDonald's Corporation
Situate in Portage Township, City of South Bend, St. Joseph County, Indiana
Part of the East Half of the Northeast Quarter of Section 4 Township 37 North
Range 2 East (Sect 4- T37N -R2E) more particularly described as follows:
Commencing at the Northeast corner of said Section 4, thence proceeding South
forty -five degrees ten minutes seven seconds West (S45o10'07" W) a distance of
fifty -six and forty hundredths (56.40) feet to a point of intersection of the South
right -of -way line of Elwood Avenue and the West right -of -way line of Bendix
Drive, thence South zero degrees zero minutes zero seconds West (S00o00'00 "W)
along the west line of Bendix Drive a distance of four hundred four and fifty
hundredths (404.50) feet to the southeast corner of lot numbered two (2) as shown
on the recorded plat of All-Phase Minor Subdivision, recorded March 21, 1991 as
document number 9106604 in the office of the recorder of St. Joseph County,
Indiana, thence South eighty -nine degrees forty -eight minutes thirty -two seconds
West (S89o48'32 "W) a distance of seven and eleven hundredths (7.11) feet to a
point of the West right -of -way line, such point being the point of beginning of this
description, thence South eighty -nine degrees forty -eight minutes thirty -two
seconds West (S89o48'32 "W) a distance of eight and no hundredths (8.00) feet,
thence North three degrees twenty -three minutes thirteen seconds East
(N3o23'13 "E) a distance of one hundred thirty -five and forty -two hundredths
(135.42) feet to a point on the West right -of -way line of Bendix Drive, thence
South zero degrees zero minutes zero seconds West (S00o00'00 "W) a distance of
one hundred thirty -five and seventeen hundredths (135.17) feet to the point of
beginning of this description and containing 540.69 square feet (0.0124 acres)
subject to all legal highways and easements of record.
Parcel 2. Owner: South Bend Venture an Illinois Partnership
Situate in the City of South Bend, St. Joseph County, Indiana
Part of the Northeast Quarter (NE 1/4) of Section 4 Township 37 North Range 2
East (Sect 4- T37N -R2E) described as commencing on the Northerly line of
Lincohiway West in the City of South Bend at a point eight hundred forty -seven
and eighty -three hundredths (847.83) feet South and forty (40) feet West of the
Northeast corner of said Section 4, such point being the point of beginning of this
description thence proceeding North sixty -seven degrees fifty -seven minutes fifty
seconds West (N67o57'50 "W) along the northerly right -of -way line of Lincolnway
West a distance of seventy -one and six hundredths (71.06) feet, thence proceeding
North fifty -one degrees one minute forty -nine seconds East (N51 001'49 "E) a
distance of sixty -five and forty -three hundredths (65.43) feet, thence proceeding
North zero degrees zero minutes zero seconds East (NOOOWO0 "E) one hundred
eighty -eight and twenty -six hundredths (188.26) feet, thence South sixty -seven
degrees fifty -seven minutes fifty seconds East (567o57'50 "E) a distance of sixteen
and eighteen hundredths (16.18) feet thence South zero degrees zero minutes zero
seconds West (SOO O'00 "W) a distance of two hundred -fifty and no hundredths
(250.00) feet to the point of beginning for this description and containing 5320.18
square feet (0.1221 acres) subject to all legal highways and easements of record.
Parcel 3. Owner: South Bend Venture an Illinois Partnership
Situate in St. Joseph County, Indiana
A parcel of land in the Northeast Quarter (NE 1/4) of Section 4 Township 37
North Range 2 East (Sect 4- T37N -R2E) more particularly described as follows:
Beginning at a point five hundred fourteen and twenty -six hundredths (514.26) feet
south and forty (40) feet West of the Northeast corner of said Section 4 Township
37 North Range 2 East (Sect 4- T37N -R2E) said point being on the Westerly right -
of -way line of Bendix Drive and being the point of beginning for this description,
thence proceeding South eighty -nine degrees, fifty -six minutes, fifty -one seconds
West (S89o56'5 1 "W) a distance of fifteen and eleven hundredths (15.11) feet,
thence proceeding South zero degrees zero minutes and zero seconds West
(SOOo00'00 "W) a distance of seventy -seven and forty -eight hundredths (77.48)
feet thence proceeding South sixty -seven degrees fifty -seven minutes fifty seconds
East (S67o57'50 "E) a distance of sixteen and eighteen hundredths (16.18) feet,
thence North zero degrees zero minutes zero seconds East (N00o00'00 "E) eighty -
three and fifty -seven hundredths (83.57) feet to the point of beginning for this
description and containing 1212.45 square feet (.0278 acres) subject to all legal
highways and easements of record.
Parcel 4. Owner: McDonald's Corporation
Situate in Portage Township, City of South Bend, St. Joseph County, Indiana
A permanent non - exclusive easement for ingress and egress over and across a Part
of the East Half of the Northeast Quarter of Section 4 Township 37 North Range
2 East (Sect 4- T37N -R2E) more particularly described as follows: Commencing at
the Northeast corner of said Section 4 thence proceeding South forty -five degrees
ten minutes seven seconds West (S45o 1907 "W) a distance of fifty -six and forty
hundredths (56.40) feet to a point of intersection of the South right -of -way line of
Elwood Avenue and the West right -of -way line of Bendix Drive, thence South
zero degrees zero minutes zero seconds East (SOOo00'00 "E) along the West line of
Bendix Drive a distance of four hundred seventy -four and fifty hundredths
(474.50) feet, thence South eighty -nine degrees fifty -six minutes fifty -one seconds
West (S89o56'5 1 "W) a distance of fifteen and eleven hundredths (15.11) feet to
the place of beginning of this description; thence South eighty -nine degrees fifty -
six minutes fifty -one seconds West (S89o5651 "W) a distance of one hundred five
and fifty -nine hundredths (105.59) feet, thence North zero degrees zero minutes
zero seconds West (NOOo00'00 "W) a distance of sixty -nine and eighty -three
hundredths (69.83) feet, thence North eighty -nine degrees fifty -two minutes zero
seconds East (N89052'00 "E) a distance of one hundred five and fifty -nine
hundredths (105.59) feet, thence South zero degrees zero minutes zero seconds
East (SOOo00'00 "E) a distance of sixty -nine and ninety -eight hundredths (69.98)
feet to the point of beginning for this description and containing 7381.16 square
feet (0.1694 acres) subject to all legal highways and easements of record. Said
easement to be appurtenant to and run with the Grantee's parcel southerly and
adjacent to the easement.
Parcel 5. Owner: Neufer, David A. and Kristine A
Situate in Portage Township, City of South Bend, St. Joseph County, Indiana
Part of the East Half of the Northeast Quarter of Section 4 Township 37 North
Range 2 East (Sect 4- T37N -R2E) more particularly described as follows:
Commending at the Northeast comer of said Section 4, thence proceeding South
forty -five degrees ten minutes seven seconds West (S45o 10'07 "W) a distance of
fifty -six and forty hundredths (56.40) feet to a point of intersection of the South
right -of -way line of Elwood Avenue and the West right -of -way line of Bendix
Drive, thence South zero degrees zero minutes zero seconds West (SOOo00'00 "W)
along the West line of Bendix Drive a distance of four hundred four and fifty
hundredths (404.50) feet to the Southeast corner of lot numbered two (2) as
shown on the recorded plat of All-Phase Minor Subdivision, recorded March 21,
1991 as document number 9106604 in the office of the recorder of St. Joseph
County, Indiana, thence South eighty -nine degrees forty -eight minutes thirty -two
seconds West (S89o48'32 "W) a distance of seven and eleven hundredths (7.11)
feet to a point of the West right -of -way line, such point being the point of
beginning of this description, thence South eighty -nine degrees forty -eight minutes
thirty -two seconds West (S89048'32 "W) a distance of eight and no hundredths
(8.00) feet, thence North three degrees twenty -three minutes thirteen seconds East
(NO3o2313"E) a distance of one hundred thirty -five and forty -two hundredths
(135.42) feet to a point on the West right -of -way line of Bendix Drive, thence
South zero degrees zero minutes zero seconds West (SOOo00'00 "W) a distance of
one hundred thirty -five and seventeen hundredths (135.17) feet to the point of
beginning of this description and containing 540.69 square feet (0.0124 acres)
subject to all legal highways and easements of record.
WHEREAS, the acquisition of the Real Property described above is necessary for South
Bend to make improvements for the public safety and convenience in a design of the intersection
of Lincohi Way West and Bendix Drive; and
WHEREAS, Indiana code 36- 1- 10.5 -5 requires the "purchasing agent" to appoint two
appraisers to appraise the fair market value of the Real Property. In the City of South Bend the
"purchasing agent" is the Board of Public Works per the definition of IC 36 -1- 10.5 -3.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
1. The South Bend Board of Public Works is authorized and directed to appoint two (2),
appraisers to appraise the fair market value of the Real Property.
2. The South Bend Board of Public Works shall give a copy of both appraisals to the
Common Council.
3. The South Bend Board of Public Works may not purchase the Real Property for a
price greater than the average of the two appraisals.
PRESENTED
NOi APPROVED
ADOPTED
Member, South Bend Common Coun
e kv, EC 066�b
OCT 2002
I.ORMAJ. DUDA
CITY MERt6, 9O. BEND.IN
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
02 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, TO ACQUIRE CERTAIN LAND LOCATED
NEAR THE INTERSECTION OF LINCOLN WAY WEST AND
BENDIX DRIVE IN SOUTH BEND, 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.
Karl King
Chairman