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Home My WebLink AboutVacation - Easement - "Future Roadway Eastment" - Olive RoadORDINANCE No. 9083-00 Passed by the Common Council of the Ciry of South Bend, Indiana February 14, Attest: Attest: 00 20 Presented by me to the Mayor of the Ciry of Soutlt Bend, Indiana February 16. 20 00 Ciry Clerk President of Common Council Ciry Clerk February 17, Approved and signed by me 20 ~ Mayor ORDINANCE NO. ~ B 3 ~ V~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON LOT 1 OF OLIVE ROAD COMMERCE PARK -SECTION ONE WHICH IS RECORDED AS INSTRUMENT NO. 9715904, ALSO THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON LOT AA OF OLIVE ROAD COMMERCE PARK -SECTION TWO-FIRST REPEAT WHICH IS RECORDED AS INSTRUMENT N0.9903188, ALL LOCATED IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, 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 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: THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON LOT 1 OF OLIVE ROAD COMMERCE PARK -SECTION ONE WHICH IS RECORDED AS INSTRUMENT NO. 9715904, ALSO THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON LOT AA OF OLIVE ROAD COMMERCE PARK -SECTION TWO -FIRST REPEAT WHICH IS RECORDED AS INSTRUMENT N0.9903188, ALL LOCATED IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. 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 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: ~.. 04-1011-0187.06 04-1011-0187.08 04-1011-0189.01 04-1011-0187.07 04-1011-0189 25-1017-0610 SECTION IV. The purpose of the vacation of the real property is to allow both Future Roadway Easements to be replatted in revised locations on the proposed subdivision plat of Olive Road Commerce Park - Second Replat. 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 C n Council 1st READING 1-L~-0~ PUBLIC HEARING Z-I`{-Oa 3 rd READWG 'L-~~~-aC~ NOT APPROVED REFERRED PA~~ED 2-~`l`~~!y" COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 7-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON LOT 1 OF OLIVE ROAD COMMERCE PARK - SECTION ONE WHICH IS RECORDED AS INSTRUMENT NO. 9715904, ALSO THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON LOT AA OF OLIVE ROAD COMMERCE PARK - SECTION TWO-FIRST REPEAT WHICH IS RECORDED AS INSTRUMENT NO. 9903188, ALL LOCATED IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, 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 ` i PETITION TO VACATE PUBLIC RIGHTS-OF-WAY ' STREETS/ALLEYSI TO THE COMMON COUNCIL DATE : ~ l - 1 a ' ZO o0 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: The Future Roadwav Easements shown on Lot 1 of the recorded plat of Olive Road Commerce Park - Section One and on Lot AA of Olive Road Commerce Park - Section Two - First Replat. NAME (signed & printed) ADDRESS LOT $ Lone Wolf Enterprises 506 W. South St. AA BY: Kevin Smith, President a~ RETURN TO: South Bend, IN 46601 OFFICE OF THE CITY CLERK LORETTA J. DUDA, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 219-.235-9221 CONTACT PERSON (S) NAIL: Robert D. Palm Palm & Associates ADDRESS: P.O. Box 960 New Carlisle, In 46552 PHONE: (2194-65.11-311.:in VACATE "FUTURE ROADWAY EASEMENTS" OLIVE ROAD COMMERCE PARK PROPERTY OWNERS WITHIN 150 FEET 04-1011-0187.06 Ameriplex Centre Partners LP 227 S. Main St., Suite 300 South Bend, IN 46601 04-1011-0187.08 Olive Enterprise Centre Partners LP 227 S. Main St., Suite 300 South Bend, IN 46601 04-1011-0187.07 Lone Wolf Enterprises 506 W. South Street South Bend, IN 46601 04-1011-0189 Ernest, Jr. and Bernice Mahler 24505 Cleveland South Bend, IN 46628 04-1011-0189.01 Wayne M. and Norma J. Baney 24605 Cleveland Rd South Bend, IN 46628 25-1017-0610 South Bend Redevelopment Authority 1200 County-City Building South Bend, IN 46601 INDIANA EAST-WEST TOLL ROAD o4-tot t -ots~.o~ ,; ~ ,"ca~ i 642'f ' -ot s~.os c DSO ~ ~ ~ 60' -osto ~ ENTERPRISE DR. i i i i i i i i - ---, 150' R f----------------~ ' 786'f ~ z5-tots I i -0187.06 ~ I ~ I ~ ~ I I I ~ I ~ ' I I ~ I ~ 1 ~ I ~ I ~ 1 ~ I ~ I I ~ ~ I I I (~ .cam ---------'~----------------------- n - r~ - --------j ~ i i hp ~ ~ ~ ~ ' -otas.ot -ores ~ ~ 2004 ROADWAY EASEMENT VACATION LEGAL DESCRIPTION The 60 foot wide "Future Roadway Easement" as shown on Lot 1 of Olive Road Commerce Park -Section One, which is recorded as Instrument No. 9715904, Also the 60 foot wide "Future Roadway Easement" as shown on lot AA of Olive Road Commerce Park -Section Two - Replat which is recorded as Instrument No. 9903188, all located in the Southwest Quarter of Section 19, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana. ,~ ~~QQ~}~' 1~1.7~YlUYIOVU ~ ~.V~,e=~ ,~ ~ • 00076'76 GRANT OF PERPETUAL EASEMENT ~~ ~~$ ~ ~ Pi~~ ~: 2) FOR FUTURE ROADWAY . ~~~_ TFr';i. ~ ... S ~. ~G~GS;~`URE made this day of February, 2000, by and between LONE WOLF ~~ EN.I''~RF~R:I~>~~ `L.L.C., an Indiana Limited Liability Company, having its principal place of 1 - ~~ business at~506 West South Street, South Bend, Indiana (hereinafter referred to as the "Grantor"), and the CITY OF SOUTH BEND (hereinafter referred to as the "Grantee"). WITNESSETH That the Grantor hereby grants, conveys and warrants in perpetuity to Grantee, for itself and for the general public, for valuable consideration the receipt of which is acknowledge by the parties, two (2) perpetual and non-exclusive 60 foot wide easements (hereinafter referred to as "Easement A" and "Easement B") of the nature and at the locations hereinafter described for the use as future roadway easements in, upon over and under the following described real estate in the City of South Bend, St. Joseph County, State of Indiana, and described as follows: EASEMENT A A STRII' OF LAND 60 FEET IN WIDTH LOCATED IN THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 ALL IN SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING A PART OF LOT 1 OF OLIVE ROAD COMMERCE PARK - SECTION ONE WHICH IS RECORDED AS INSTRUMENT N0.9715904, SAID STRIl' OF LAND BEING 30 FEET EITHER SIDE OF A CENTERLINE WITH SIDES OF SAID 30 FOOT STRIP EXTENDED OR SHORTENED TO TERMINATE ON THE SOUTI~RLY LINE OF SAID LOT 1 AND THE EASTERLY RIGHT-OF-WAY LINE OF ENTERPRISE DRIVE, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 3/4" IRON BAR IN WELL MARKING THE SOUTH 1/4 CORNER OF SAID SECTION 19; THENCE NORTH 00°08'54" WEST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19 A DISTANCE OF 1321.71 FEET TO A FENCE POSTMARKING THE SOUTHEAST CORNER OF LOT AA OF SAID OLIVE ROAD COMMERCE PARK -SECTION TWO -FIRST REPEAT; THENCE NORTH 89°57'07" WEST, ALONG THE SOUTH LINE OF SAID LOT AA AND THE SOUTH LINE OF LOT 1 OF SAID OLIVE ROAD COMMERCE PARK -SECTION ONE, A DISTANCE OF 476.76 FEET TO THE "POINT OF BEGINNING" OF SAID CENTERLINE HEREIN DESCRIBED; THENCE NORTH 00°00'00" WEST, A DISTANCE OF 151.35 FEET; THENCE ALONG A CURVE, CONCAVE WESTERLY, WHOSE ELEMENTS ARE: CENTRAL ANGLE OF 03°26'52", RADIUS OF 1933.88 FEET, ARC LENGTH OF 1 116.37 FEET AND A CHORD THAT BEARS NORTH O1°43'26" WEST, 116.35 FEET; THENCE NORTH 03°26'52" WEST, A DISTANCE OF 50.44 FEET; THENCE ALONG A CURVE, CONCAVE EASTERLY, WHOSE ELEMENTS ARE: CENTRAL ANGLE OF 03 °26'54, RADNS OF 1670.00 FEET, ARC LENGTH OF 100.50 FEET AND A CHORD THAT BEARS NORTH O 1°43'25" WEST, 100.49 FEET; THENCE NORTH 00°00'02 EAST, A DISTANCE OF 159.62 FEET; THENCE ALONG A CURVE, CONCAVE WESTERLY, WHOSE ELEMENTS ARE: CENTRAL ANGLE OF 42 °23'06", RADIUS OF 200.00 FEET, ARC LENGTH OF 147.95 FEET AND A CHORD THAT BEARS NORTH 21 ° 11'31"WEST, 144.60 FEET; THENCE ALONG A CURVE, CONCAVE SOUTHWESTERLY, WHOSE ELEMENTS ARE: CENTRAL ANGLE OF 02°1700, RADIUS OF 300.00 FEET, ARC LENGTH OF 11.96 FEET AND A CHORD THAT BEARS NORTH 43°31'34" FEET WEST, 11.96 FEET TO THE "POINT OF TERMINATION", ON THE EASTERLY RIGHT-OF-WAY LINE OF ENTERPRISE DRIVE. EASEMENT B A STRIP OF LAND 60 FEET IN WIDTH LOCATED IN THE NORTHEAST 1 /4 OF THE SOUTHWEST 1/4 ALL IN SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, IN ST. JOSEPH COUNTY, INDIANA, AND BEING A PART OF LOTS AA AND BB OF OLIVE ROAD COMMERCE PARK -SECTION TWO - FIlZST REPEAT, WHICH IS RECORDED AS INSTRUMENT N0.9903188,SAID STRIP OF LAND BEING 30 FEET EITHER SIDE OF A CENTERLINE WITH SIDES OF SAID 30 FOOT STRII' EXTENDED OR SHORTENED TO TERMINATE ON THE EAST LINE OF SAID LOT AA AND THE NORTHEASTERLY RIGHT-OF-WAY LINE OF ENTERPRISE DRIVE, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 3/4" IlZON BAR IN WELL MARKING THE SOUTH 1/4 CORNER OF SAID SECTION 19; THENCE NORTH 00°08'54" WEST, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19 A DISTANCE OF 1321.71 FEET TO A FENCE POST MARICIl~TG THE SOUTHEAST CORNER OF LOT AA OF SAID OLIVE ROAD COMMERCE PARK -SECTION TWO -FIRST REPEAT; THENCE NORTH 00°08'54" WEST, ALONG THE EAST LINE OF LOT AA AND THE NORTH-SOUTH CENTERLINE OF SAID SECTION 19, A DISTANCE OF 921.50 FEET TO THE "POINT OF BEGINNING" OF SAID CENTERLINE HEREIN DESCRIBED; THENCE ALONG A CURVE, CONCAVE SOUTHERLY, WHOSE ELEMENTS ARE CENTRAL ANGLE OF 17° 12'48", RADNS OF 500.00 FEET, ARC LENGTH OF 150.22 FEET AND A CHORD THAT BEARS SOUTH 87°36'59" WEST, 149.85 FEET; THENCE SOUTH 79°00'35" WEST A DISTANCE OF 303.78 FEET; THENCE ALONG A CURVE, CONCAVE SOUTHEASTERLY, WHOSE ELEMENTS ARE: CENTRAL ANGLE 2 OF 44°09'11", RADIUS OF 200.00 FEET, ARC LENGTH OF 154.12 FEET AND A CHORD THAT BEARS SOUTH 56°56'00" WEST, 150.34 FEET TO THE "POINT OF TERMINATION" ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF ENTERPRISE DRIVE. The easements granted herein shall pertain to the air, surface and subsurface rights and interests of the Grantor, for the use and benefit of the Grantee for itself and the general public to the nature and extent Grantee may desire said air, surface and subsurface rights and interests necessary to accomplish and carry out the general purpose of this conveyance as the same has herein been expressed. Grantee shall be responsible for any and all construction, maintenance and repair of improvements on said Easement A and Easement B. Easement A and Easement B granted herein and their associated benefits and obligations, shall constitute covenants running with the real estate, and shall be binding upon the Grantor and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or part of said real estate. This indenture shah bind and inure to the benefit of the respective successors and assigns of the parties hereto. The Grantor hereby covenants with the Grantee that it is lawfully seized and possessed of the real estate heretofore described; that it has a good and lawful right to convey and that the property is free of all encumbrances that would conflict with the right herein granted. Pursuant to Ind. Code 32-5-2-2(a), the original recorded plats (or if no plat for the respective parcel is recorded, the most recent deed of record} for the easements are Document No. 9715904 and Document No. 9903188 recorded in the Office of the Recorder of St. Joseph County, Indiana. IN WITNESS WHEREOF, the undersigned has executed this Grant of Perpetual Easement for Future Roadway on the date shown on the aclaiowledgment set forth herein. [SIGNATURE PAGE ATTACHED] GRANTOR: LONE WOLF ENTERPRISES, L.L.C. Its" STATE OF INDIANA COUNTY OF ST. JOSEPH SS: Before me, the undersigned, a Notary Public, in and for said State, personally appeared LONE WOLF ENTERPRISES, L.L.C., by _}'~,2y ~~ ~ ~~~' _~Y___ ___~ its ,the Grantor in the above Grant of Perpetual Easement for Future Road ay~a acknowledged the execution of the same as their voluntary act and deed. V~IITNESS my hand and Notarial Seal this day of February, 2000. Residing in St. Joseph County, Indiana ~~~,~~`~~.~;{ My Commission Expires: ~larah 1`i~ 2oog This Instrument prepared by Cheryl A. Greene, Assistant City Attorney,1400 County-CityBuilding, 227 W. Jefferson Blvd., South Bend, IN 46601 H:\WPData\EASEME1V11I.one Wolf 021400 '.~ :,,~, _ ,~ 1- f``0 , `7, ~~~~%+T: 4 PALM & ASSOCIATES CONSULTING ENGINEERS AND LAND SURVEYORS P.O. BOX 960 - 8888 EAST U.S. HWY. 20 NEW CARLISLE, INDIANA 46552-0960 R09ERT D. PALM, L.S., P.E. January 18, 2000 Common Council City of South Bend, Indiana Room 455 - County City Building South Bend, IN 46601 Re: Petition to Vacate "Future Roadway Easements" Olive Road Commerce Park Dear Members: TELEPHONE (219) 654.3450 FAX (219)654-3450 The two "Future Roadway Easements" shown on the recorded 'subdivision plats of Olive Road Commerce Park are not being eliminated, but are being shifted to new locations which better serve the adjacent properties. The City of South Bend Department of Public Works is currently having construction plans prepared for these streets in the revised locations. A Replat has been submitted to the Area Plan Commission showing the new locations of the future roadway easements. Sincerely, R ert D. Palm, LS PE PALM & ASSOCIATES ,6~~~ 1 " ~o~~ 1316 COUNTY-CITY BUILDING SOUTH BENB~ INDIANA 46601-1830 CITY OF SOUTH BEND POARD OF Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation Dear Members of the Council: STEPHEN J. LUECKE, MAYOR PUBLIC WORKS February 14, 2000 PHONE 219/235-9251 Fax 219/235-9171 TDD 219/235-5567 In accordance with Municipal Code Section 18-53.8, a favorable recommendation with qualification is being submitted to the Common Council concerning the following vacation: THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON LOT 1 OF OLIVE ROAD COMMERCE PARK -SECTION ONE WHICH IS RECORDED AS INSTRUMENT NO. 9715904, ALSO THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON ALL LOT AA OF OLIVE ROAD COMMERCE PARK -SECTION TWO-FIIZST REPEAT WHICH IS RECORDED AS INSTRUMENT NO. 9903188, ALL LOCATED IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY INDIANA. For your information, the Board of Public Works received favorable recommendations from the Engineering Department, Area Plan Commission, Department of Economic Development, Fire Department, Solid Waste, Police Traffic Department, and the City Attorney's Office, subject to any utility easements that maybe required. The Board qualifies its recommendation noting that Community and Economic Development's favorable recommendation is contingent upon a new roadway easement that needs to be recorded prior to the above vacation. Therefore, the Board submits to you a favorable recommendation with qualification concerning this vacation. Sincerely, ~uglie L. Attachments /