HomeMy WebLinkAboutVacate - Less than Full Width Portion that lies Adjacent to Property 4418 S. Main St. ORDINANCE No . 10376-15
Passed by the Common Council of the City of South Bend, Indiana
October 12, 20 15
Attest: C \ .---\b6. City Clerk
JO'• •• ° . .
Attest: ���` President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 13, 20 15
City Clerk
JOHN VO DE
Approved and signed by me O Ijob 2 / 13 / 20 15
i
�i Mayo'
ORDINANCE NO. t O 31(0 ( S
•
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A
LESS THAN FULL WIDTH PORTION OF SOUTH MAIN STREET (FORMERLY
LAFAYETTE BOULEVARD) THAT LIES ADJACENT TO PROPERTY OWNED BY
GATES AND GATES REALTY, LLC LOCATED AT 4418 SOUTH MAIN STREET
(FORMERLY LAFAYETTE BOULEVARD)
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 portion of the right-of-way of South Main Street(formerly Lafayette Boulevard), as depicted on
the Ireland Road Major Subdivision, recorded as instrument number 0828548 in the Office of
Recorder of St. Joseph County, Indiana,being more particularly described as follows:
Beginning at a point on the east right-of-way line South Main Street, said point also being the
northwest corner of Lot 1 of Ireland Road Major Subdivision;thence South 01°05'07"West,along
said east right-of-way line and west line of Lot 1, 118.56 feet;thence South 16°16'34"West,along
said east right-of way line and west line of Lot 1, 115.54 feet to a point that lies 40.00 feet east of
the design alignment for South Main street (Line "D") as shown in City of South Bend Project
Number 110-058B construction plans and established by Location Control Route Survey Plat
recorded as document number 1134039 in the Office of Recorder of St. Joseph County, Indiana;
thence North 02°47'24"East,along a 40 foot offset of Line`D', 217.78 feet;thence Northwesterly
11.52 feet along a 40 foot offset of Line `D' being a tangent curve to the right having a radius of
560.00 feet and subtended by a long chord having a bearing of North 03°22'46"east and a length
of 11.52 feet to a point of the north line of Lot I extended; thence North 88°58'38" East, 23.35
feet to the point of beginning and containing 4,479 square feet, more or less.
hereby determines that it is desirable to vacate said properties.
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:
Tax Key Number 023-1025-1369
Tax Key Number 023-1025-1364
SECTION IV. The purpose of the vacation of the real property is to increase the
developable area of property controlled by Gates and Gates Realty, LLC by vacating right of way
that no longer serves a functional purpose as a result of the realignment and reconstruction of South
Main Street (Formerly Lafayette Boulevard). This petition to vacate is being requested as
indicated in the amendment of accepted counter-offer signed by the City of South Bend Board of
Public Works on February 26,2013 for the settlement of land acquisition required to construct the
Main Street-Lafayette Boulevard Connector Project (City Project No. 110-058B).
SECTION V. This ordinance shall be i 11 force an' e t from and after its passage by
the Common Council and approval by the Mayo
■■■■■ �%
Member of the Co mon Council
Attest: 4Ct.
ti
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
1 3 day of f c)- - , 2 00—, at L`•SO o'clock p . m.
Ci Clerk
Approved and signed by me on the k day of t'C , 2 0(r,, at
`• s' o'clock e . m.
ed in CIPsk's Office
z8 td' Mayor, • of eiend, Indiana _
I st READING
PUBLIC HEARING art 3-- . j 'I ZOM
3 rd READING Uri ir4
NOT APPROVED JOHN4i'a'3OR. ,.
REFERRED CITY CLERK,sour TEND,IN
PASSED IO ,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
61-15 A BILL TO VACATE THE FOLLOWING DESCRIBED
PROPERTY: A LESS THAN FULL WIDTH PORTION OF
SOUTH MAIN STREET (FORMERLY LAFAYETTE
BOULEVARD) THAT LIES ADJACENT TO PROPERTY
OWNED BY GATES AND GATES REALTY, LLC LOCATED
AT 4418 SOUTH MAIN STREET (FORMERLY LAFAYETTE
BOULEVARD)
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with no recommendation due to
a lack of a quorum.
This bill was heard by the Public Works & Property Vacation Committee.
Karen L. White
Chairperson, Committee of the Whole
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE:S. it+-bI(S( Zo IS—
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
THE STREET DESCRIBED AS:
A LESS THAN FULL WIDTH PORTION OF SOUTH MAIN STREET (FORMERLY LAFAYETTE BOULEVARD) THAT
LIES ADJACENT TO PROPERTY OWNED BY GATES AND GATES REALTY, LLC LOCATED AT 4418 SOUTH MAIN STREET
(LAFAYETTE BOULEVARD).
NAME (signed & printed) ADDRESS LOT#
X .- 4418 SOUTH MAIN STREET, SOUTH BEND, IN 023-1025-1364
1-arr'J A . GSeS
CONTACT PERSON (5)
NAME: LAWSON-FISHER ASSOCIATES P.C.
AARON BLANK
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS: 525 WEST WASHINGTON AVENUE
JOHN VOORDE, CITY CLERK SOUTH BEND, IN 46601
ROOM 455-COUNTY-CITY BUILDING
SOUTH BEND, IN 46601
574-235-9221 PHONE: 574-234-3167
Ailed in ci�n a's Office
iL !
Ant:: 'el. ',L: .
CIT¢/CLERK,SOU'lri%;END,IN
.:SOUTH F1;':
O k\t1iiii•1//e
1316 COUNTY-CITY BUILDING `,7 /0j 7,`: PHONE 574/235-9251
227W.JEFFERSON BOULEVARD U\\�\ i� / dIc
FAx 574!235-9171
SOUTH BEND,INDIANA 46601-1830 `1y,\ "a`,x.
tratc,' x
.865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
BOARD OF PUBLIC WORKS
July 28,2015
Mr. P. C. Kerr
City of South Bend
227 W. Jefferson Blvd.
South Bend, IN 46601
RE: Vacations:
a) Ireland Rd., East Side of Main Street (formerly Lafayette alignment), North of Ireland Road
relocation of the Roadway slightly West(No split with property on other side.)
b) Old Main St. at Lafayette Blvd.(formerly Walter Street)along Wendy's
Dear Mr. Ken:
The Board of Public Works, at its July 28, 2015, meeting, reviewed your request to vacate
excess portions of the Right of Way left due to development and construction of Main-Lafayette
Connector Alley.
The vacation would not hinder the growth or orderly development of the unit or neighborhood
in which it is located or to which it is contiguous. The vacation would not make access to the lands of
the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder
the public's access to a church,school or other public building or place. The vacation would not hinder
the use of a public right of way by the neighborhood in which it is located or to which it is contiguous.
Therefore, the Board of Public Works submitted a favorable recommendation for these
vacations.
Please contact Tony Molnar at(574)235-9254 prior to picking up your radius map. You
will need a radius map showing properties within 150' of the proposed vacation for your petition to
the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your
alley vacation packet.
Sincerely, -- — _
Filed F ,^!aryl's Office
-91
e,0 15 20151I
Linda M. Martin, Clerk J
c: Federico Rodriguez,Fire Department (* >u -
CITY CLER , yrd;N3,IN Molnar, Engineering
Janice Talboom, City Clerk's Office
GARY A. GILOT DAVID P. RELOS KATHRYN E. ROOS ELIZABETH A. MARADIK BRIAN J. PAWLOWSKI