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HomeMy WebLinkAboutVacation - Property - located on north side of Maple Road located between Portage on east and Sandwood Drive on West• ~ ~ . ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana March 27, Attest: Attest: ~~ Presented by me to the Mayor of the City of Soutlr Bend, Indiana March 28. 20 00 City Clerk President of Common Council City Clerk Approved and signed by me March 29, 20 00 00 20 _ ~~~ M~10r ~ 1v3-0 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE NORTH SIDE OF MAPLE ROAD LOCATED BETWEEN PORTAGE ROAD ON THE EAST AND SANDWOOD DRIVE ON THE WEST, SOUTH BEND, 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 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 TWENTY-TWO (22), TOWNSHIP THIRTY-EIGHT (38) NORTH, RANGE TWO (2) EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SET FIVE-EIGHTHS (5/8) INCH REBAR WITH CAP, WHICH IS SOUTH 00 DEGREES 22 MINUTES 11 SECONDS WEST (SOUTH 00 DEGREES 23 MINUTES 00 SECONDS WEST) A DISTANCE OF 888.93 FEET FROM THE NORTHWEST CORNER OF SAID SECTION TWENTY-TWO (22), AND AT A POINT OF A CURVE HAVING A RADIUS OF 392.72 FEET; THENCE BEARING RIGHT ALONG SAID CURVE AN ARC DISTANCE OF 296.04 FEET (CHORD BEARING AND DISTANCE-NORTH 48 DEGREES 02 MINUTES 58 SECONDS EAST 289.08 FEET) TO A FOUND IRON PIPE AT THE WESTERLY RIGHT-OF-WAY LINE OF PORTAGE ROAD; THENCE SOUTH 20 DEGREES 21 MINUTES 19 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 20.00 FEET TO A SET FIVE-EIGHTHS (5/8) INCH REBAR WITH CAP AND AT A POINT ON A CURVE HAVING A RADIUS OF 372.72 FEET; THENCE BEARING LEFT ALONG SAID CURVE AN ARC DISTANCE OF 263.29 FEET (CHORD BEARING AND DISTANCE-SOUTH 49 DEGREES 24 MINUTES 28 SECONDS WEST 257.85 FEET) TO A SET FIVE-EIGHTHS (5/8) INCH REBAR WITH CAP AND AT A POINT OF A CURVE HAVING A RADIUS OF 25.00 FEET; THENCE BEARING RIGHT ALONG SAID CURVE AN ARC DISTANCE OF 26.54 FEET (CHORD BEARING AND DISTANCE-SOUTH 59 DEGREES 35 MINUTES 08 SECONDS WEST 25.31 FEET) TO A SET FIVE-EIGHTHS (5/8) INCH REBAR WITH CAP; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 4.36 FEET TO A SET FIVE-EIGHTHS (5/8) INCH REBAR WITH CAP AT THE WEST LINE OF SAID SECTION 22; THENCE NORTH 00 DEGREES 22 MINUTES 11 SECONDS EAST (NORTH 00 DEGREES 23 MINUTES 00 SECONDS EAST RECORD) ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 6.09 FEET TO THE POINT OF BEGINNING, CONTAINING 0.13 ACRES, SUBJECT TO PUBLIC HIGHWAYS AND ANY EASEMENTS OF RECORD, IF ANY. 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. Filed to Clerk's ®ffice P7A,R 0 €3 2000 LORRTTi1J. WDA C17Y GL[R~ :Itl. ©END. D~~~ 2 SECTION III. The following property may be beneficially affected by such vacating: injuriously or 1. LOT # 38 "PORTAGE FARMS" SUBDIVISION, PLAT BOOK # 15, PAGE "Q-5" 2. LOT # 22 "FIELD POINTE SUBDIVISION, PHASE 2, SECTION 2 FIR5T REPEAT" DOCUMENT NO. 9930734 SECTION IV. The purpose of the vacation of the real property is to allow for additional buildable area for three proposed subdivision lots to be created along the north portion of Maple Road. The vacation will also reduce the size of this portion of the Maple Road right-of- way from 80 ft. wide to 60 ft. wide, to match the right-of-way of Sandwood Drive which intersects Maple Road to the west. 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 st READING 3' ~ 3 ~ ~ a PUBLIC HEARING 3-2'~-07( ?~ rd READING 3 -.21- 0 O i~'+.?7" APPROVED' _. _..^.!tED Flied In Cierls'~ Cffiee r-~~~ o ~ zooo LOAETTA J. OUDR. C1YY CLERlS, £i0. EEftsi. B:.; ~`~SsED 3 -z?-oa COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 30-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE NORTH SIDE OF MAPLE ROAD LOCATED BETWEEN PORTAGE ROAD ON THE EAST AND SANDWOOD DRIVE ON THE WEST, 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. Andrew Udj ak Chairman PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE MARCH 7, 2000. I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: THE NORTH 20 FEET OF MAPLE ROAD LOCATED BETWEEN PORTAGE ROAD ON THE EAST AND SANDWOOD DRIVE ON THE WEST. NAME (signed & printed) ADDRESS LOT # M DOW WO D II CJO PLACE BUILDERS PT.#38 2133 FOXBORO COURT f' MISHAWAKA, IN. 46545 ANDY PLACE CONTACT PERSON (S) NAME: MICHA: RETURN TO: DANCH OFFICE OF THE CITY CLERK ADDRESS: 3 31 ; LORETTA J. DUDA, CITY CLERK SOUTH ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 219-235-9221 PHONE: 219-2: EL J. DANCH HARNER & ASSOCIATES, INC. SUGAR MAPLE COURT BEND. INDIANA 46628 34-4003 Filed Bn Cie~i~ ~ ®~~'oe~ Pi9~R 0 0 20~~3 i LORTld4 J. DU[fk. CTTYCLEF,St.,EO.E&f:~,lr MAPLE ROAD VACATION LEGAL DESCRIPTION: A PART OF THE NORTHWEST QUARTER OF SECTION TWENTY-TWO (22), TOWNSHIP THIRTY-EIGHT (38) NORTH, RANGE TWO (2) EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SET FIVE-EIGHTHS (5/8) INCH REBAR WITH CAP, WHICH IS SOUTH 00 DEGREES 22 MINUTES 11 SECONDS WEST (SOUTH 00 DEGREES 23 MINUTES 00 SECONDS WEST) A DISTANCE OF 888.93 FEET FROM THE NORTHWEST CORNER OF SAID SECTION TWENTY-TWO (22), AND AT A POINT OF A CURVE HAVING A RADIUS OF 392.72 FEET; THENCE BEARING RIGHT ALONG SAID CURVE AN ARC DISTANCE OF 296.04 FEET (CHORD BEARING AND DISTANCE-NORTH 48 DEGREES 02 MINUTES 58 SECONDS EAST 289.08 FEET) TO A FOUND IRON PIPE AT THE WESTERLY RIGHT-OF-WAY LINE OF PORTAGE ROAD; THENCE SOUTH 20 DEGREES 21 MINUTES 19 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 20.00 FEET TO A SET FIVE-EIGHTHS (5/8) INCH REBAR WITH CAP AND AT A POINT ON A CURVE HAVING A RADIUS OF 372.72 FEET; THENCE BEARING LEFT ALONG SAID CURVE AN ARC DISTANCE OF 263.29 FEET (CHORD BEARING AND DISTANCE-SOUTH 49 DEGREES 24 MINUTES 28 SECONDS WEST 257.85 FEET) TO A SET FIVE-EIGHTHS (5/8) INCH REBAR WITH CAP AND AT A POINT OF A CURVE HAVING A RADIUS OF 25.00 FEET; THENCE BEARING RIGHT ALONG SAID CURVE AN ARC DISTANCE OF 26.54 FEET (CHORD BEARING AND DISTANCE-SOUTH 59 DEGREES 35 MINUTES 08 SECONDS WEST 25.31 FEET) TO A SET FIVE-EIGHTHS (5/8) INCH REBAR WITH CAP; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 4.36 FEET TO A SET FIVE-EIGHTHS (5/8) INCH REBAR WITH CAP AT THE WEST LINE OF SAID SECTION 22; THENCE NORTH 00 DEGREES 22 MINUTES 11 SECONDS EAST (NORTH 00 DEGREES 23 MINUTES 00 SECONDS EAST RECORD) ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 6.09 FEET TO THE POINT OF BEGINNING, CONTAINING 0.13 ACRES, SUBJECT TO PUBLIC HIGHWAYS AND ANY EASEMENTS OF RECORD, IF ANY. ..~ ~tte~ to Ct~rtz'~ ~~~t~~ ~ r~~~ o ~ zooo i LOR~TTA J. DUDR~ CITY CLHRk,'30. B6nh'i9, f ~. VACATION DIAGRA SURVEY ORDERED BY: SURVEY DATED: MARCH 7, 2000 PROJECT NO.: 990117 NORTHWEST COR. SEC. 22, T. 38 N., R. 2 E. ~/o I,.i N 0: I Z M InT gee l.V I 'tn N N _ _ Z o 0 hp pd LOT ~ 5:, w ,~ W ' 0754 E. JEFF'ER:,CI: ROAa ' Z SOI.^H BEh :, Il:. 48620 I nT +6• ~.v I 1 n ~ nX KEY ItC4-1048-1C06 ~ 18~. ---~ s 56• '1513 > 3 I nT ~ -~ ~ N > ~.v 1 , n 2:0.:, ---- . / ' . nn LVI IUn 3 ~ 1 . LVT / 'SUB. • S~-REPkhT- - W 't.:.OY! k'OOO 8 )734 O/0 PLw.E BUILCERS 2133 FOXBORO rCURT L v T i ~n ~ MISFiA:YAKA. I!t 46545 TAX KEY N04 7C48 7CC6.01 ~i Lv i ~_'vi~ )s $' ~~ ~. ' r W a ~/~ L VT ~ 11'^'1 _~~~~ ~ / _ _ >n Filed in Cleriz'S ~~~~t f•IAR 0 0 2000 LOAET'fA J. DUDA CITY CLERlL, E30. BEFlD, F?0. °~° 0 100 200 300 :STEEL'..! !c :"=R01:1^A ^RAIG \ 52C86 PORTAGE HIGMYAY SCALE 1 M = 100 SC ^H BEYO, il:. 48817 TAX KEY s04-1014-0218 ~ ~ ~ ~ s R LINE \ ~"' ~\\ _ , ~ ~"~ N J j R/W LINE FJ'I 7~ PAUL h EST• A4.E LIES AS TRLSEE 52180 _~ I SCvTH 8El~, ~ItJ.v48877 ,^X KEY s04 1051-1281 FOR ~~ ~ Q LOT 2 I F(``G~` ~ Q`~~ 1, ? J SOL, BENa, I!J 48628 O aS" 'O'• .,.. EY s25 1C13 021271 „LvT 22 lS2 g ^• P..IJELA E70ER , 6 P 0 8 52155 RTAGE ROA^v '~ P . . . IP:1 ~ so~Ttl . Ir. 4ssne "a cE~' ~ / 104 100501 K " V.. '" aOO. s87235 ~°F33 i ~ ,~<v .~ V- ~ ~ P T . LOT 3 ~ / PEi. ~ spa. sEC. .24 ~ ~..,,. n 3701 c/o PUI.^E ButtLERS 2133 FOXBORO CAURT ci MtSHAY'AKA, 17 46545 a Lv^ T 24 ` Lv T ~J' ~ ,.:KEY s04 7046 1'JJ' S ~~ A _\` / :JJ.e: ~ sER>a L'TTERa:.^K N 89'45'13" 395.68' 3203 SAI:a~OOa CIB:'E S0~^H BEi:O. Il: 48817 ,.~ KEY s25 1013 027272 n,c arner d~ ~~rc tes, -~ Land Surveyors Professional Engineers Landscape Architects • Land Planners Office: (219)234-4003 / (800)594-4003 ^ Fax: (219)234-4119 3231 Sugar Maple Court ^ South Bend, IN 46628 P.wT_ & ESTA LL•.E L1E5 .S TR1.5TEE 5218E PORTAGE HIGH:SAY SOL^.H 6!a'^ f!' 486• ~. 7 KEY s04-7C51-1281 ~~ ?''7 LvI 1 ~G~ J.QJ r 7`' v~5 eJr V 05 Z~a~•P• ---- vG,•: & JOY::E I:OTARY ,s TRr'SEEs ,~ 52194 PORTAGE HY'MYAY SO'v11 BEtia. Ili. 48817 „X KEY sC4-7057-1283 1 nT ` ~.v I E',;GEl:E dt itAT1EDA KCW.AI.SICI 52208 PORTAGE HIGH:YAY LOT 3 1 2 VACATION DIAGRAM SURVEY ORDERED BY: SURVEY DATED: MARCH PROJECT NO.: 990117 7, 2000 MAPLE ROAD VACATION DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION TWENTY-TWO (22), TOWNSHIP THIRTY-EIGHT (38) NORTH, RANGE TWO (2) EASE, GERMAN TOWNSHIP, CITY OF SOUTW BEND, INDIANA, MORE PAR77CULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SET FNE-EIGHTHS (5/fl) INCH REBAR WITH CAP, WHICH IS SOUTH 00 DEGREES 22 MINUTES 11 SECONDS WEST (SOUTH 00 DEGREES 23 MINUTES 00 SECONDS WEST) A DISTANCE OF 888.93 FEET OF THE NORTHWEST CORNER OF SNO SECTK)N TWENTY-TWO (22), AND AT A POINT OF A CURVE HAVING A RADIUS OF 392.72 FEET; THENCE BEARING RIGHT ALONG SSAAIID CURVE AN ARC DISTANCE OF 298.04 FEET (CHORD BEARING AND DISTANCE~NORTH 48 DEGREES 02 MINUTES 58 SECONDS EAST 289.08 FEET) TO A FOUND IRON PIPE AT THE WESTERLY RIGHT-OF-WAY LINE OF PORTAGE ROAD; THENCE SOUTH 20 DEGREES 21 MINUTES 19 SECONDS EAST ALONG SAID RIGHT-OF-WAY UNE A DISTANCE OF 20.00 FEET TO A SEf FNE-EIGHTHS (5/8) {NCH REBAR WITH CAP AND AT A POINT ON A CURVE HAYING A RADIUS OF 372.72 FEET: THENCE BEARING LEFT ALONG SAID CURVE AN ARC DISTANCE OF 263.29 FEET (CHORD BEARING AND DISTANCE-SOUTH 49 DEGREES 24 MINUTES 28 SECONDS WEST 257.85 FEE'n TO A SET FNE-EIGHTHS (5/8) INCH REBAR WITH CAP AND AT A POINT OF A CURVE HAVING A RADIUS OF 25.00 FEET; THENCE BEARING RIGHT ALONG SAID CURVE AN ARC DISTANCE OF 28.54 FEET (CHORD BEARING AND DISTANCEsSOUTH 59 DEGREES 35 MINUTES 08 SECONDS WEST 25.31 FEET) TO A SET FIVE-EIGHTHS (5/8) INCH REBAR WffH CAP; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 4.38 FEET TO A SET FNE-EIGHTHS (5/8) iNCH REBAR WRH CAP AT THE WEST UNE OF SAID SECTION 22; THENCE NORTH 00 DEGREES 22 MINUTES 11 SECONDS EAST (NORTH 00 DEGREES 23 MINUTES 00 SECONDS EAST RECORD) ALONG THE WEST UNE OF SAID SECTION A DISTANCE OF 6.09 FEET TO THE POINT OF BEGINNING, CONTAINING 0.13 ACRES, SUBJECT TO PUBLIC HIGHWAYS AND ANY EASEMENTS OF RECORD, IF ANY. ROAD VACATION DATA UNE ID. RADIUS ARC DISTANCE CHORD DISTANCE CHORD BEARING BEARING DISTANCE V-1 392.72' 298.04' 289.08' N. 48'-02'-58' E. V-2 S. 20'-21'-19' E. 20.00' V-3 372.72' 263.29' 257.85' S. 49'-24'-28' W. V-4 25.00' 26.54' 25.31' S. 59'-35'-08' W V-5 S. 00'-00'-00' W. 4.36' V-6 N. 00'-22'-11' E. 6.09' WILLIAM do VERONICA CRAIG 52088 PORTAGE HIGHWAY SOUTH RENO. IN. 46617 TAX KEY ~D4-1014-0218 PAUL do ESTA MAE LIES AS TRUSTEE 52180 PORTAGE HIGHWAY SOUTH BEND, IN. 46817 TAX KEY X04-1051-1281 PAUL do ESTA MAE LIES AS 52180 PORTAGE HIGHWAY SOUTH BEND, IN. 46617 TAX KEY X04-1051-1281 DON 6e JOYCE NOTARY AS TRUSTEES 52194 PORTAGE HIGHWAY SOUTH BEND, IN. 46617 TAX KEY X04-1051-1283 GARY do PAMELA ENDER 52155 PORTAGE ROAD SOUTH 6END, iN 46628 TAX KEY X04 1046 100501 DOC. X8723569 ALLEN do SERENA UITERBACK 3203 SANDWOOD DRNE SOUTH BEND. IN 46617 TAX KEY X25 1013 021272 TRUSTEE MEADOW WOOD II C/0 PLACE BUILDERS 2133 FOXBORO COURT MISHAWAKA, IN 46545 TAX KEY X04 1046 1006.01 JAMES DUNN 10754 E. JEFFERSON ROAD SOUTH BEND, IN. 46628 TAX KEY #04-1046-1006 EUGENE do MATILDA KOWALSKI 52208 PORTAGE HIGHWAY SOUTH BEND, IN. 46617 TAX KEY #04-1051-1284 MEADOW WOOD II C/0 PLACE BUILDERS 2133 FOXBORO COURT MISHAWAKA, IN 46545 TAX KEY X04 1046 1005 MEADOW WOOD II C/0 PLACE BUIU)ERS 2133 FOXBORO COURT MISHAWAKA, IN 46545 TAX KEY X25 1013 0212 RICHARD do LUCILLE BAR/ 4312 FlELDGATE DRIVE E SOUTH BEND, IN 46628 TAX KEY //25 1013 021: ,KC arKer d~ ~ooc tes, ~ Land Surveyors Professional Engineers Landscape Architects• Land Planners Office: (219)234-4003 / (800)594-4003 Fax: (219)234-4119 3231 Sugar Maple Court ^ South Bend, IN 46628 ~Ile~ 6n C1~r~~'~ ®frit F9A,f~ Q ~ 20Q~ z 2 ~-~ ~ ~ Uanch, F/arner ~ ~I ssociates, Inc. MICHAEL J. RANCH. L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Land Surveyors . Professional Engineers Landscape Architects Land Planners Honorable Members of the City of March 7, 2000 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Street Vacation Petition for the north 20 ft. portion of Maple Road located between Portage Road on the East and Sandwood Drive on the West, South Bend, Indiana: Dear Council Members: Our clients are recruestinq the Vacation of the north 20 feet of a portion of Maple Road located between Portage Road on the East and Sandwood Drive on the West as shown on the attached Street Vacation diagram. This Vacation Petition will create additional land on the north side of Maple Road which will be used to provide larger yard area for three proposed single family lots which are to be part of the Field Pointe Subdivision Phase III development. This vacation will still leave Maple Road with a 60 ft. wide right-of-way which is considered a collector street under the City of South Bend design guidelines. Our clients believe the proposed Vacation Petition, which will allow for additional single-family development home sites will be a welcomed addition to this neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Da PrPSidPnt Ranch, Harner File ## 990117 Md Disk C Home F(!ed (n C(er(c'~ +~ff(ce ~•1AR 0 ~ 2000 ~oAGrra ~. osms 3231 Sugar Maple Court South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 o~~ 2191234-4003 ^ 800/594-4003 ^ F~ 219/234-4119 otn~e 616/471-3010 ^ F~ 616/471-7237 & Associates, Inc. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE~ MAYOR BOARD OF PUBLIC WORKS March 27, 2000 PxoNE219/235-9251 Fax 219/235-9171 TDD 219/235-5567 Members of the Common Council Council Chambers ~ 3~ -(`~ County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of Alleys Dear Members of the Council: In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the Vacation of alleys, as follows: A portion of the north side of Maple Road located between Portage Road on the east and Sandwood Drive on the west, South Bend, Indiana. For your information, the Board of Public Works received favorable recommendations from the Fire Department, Bureau of Sanitation, Division of Engineering, Department of Community and Economic Development, Area Plan Commission and the Police Department concerning this vacation, subject to any utility easements that maybe required. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, lJ ~ ,~ Angela .Jacob, 1 k Attachments