HomeMy WebLinkAboutVacation - Property Ingress-Engress Easement Release - off of Mami Highway approximately 400 feet south of Kern Road - Forest View Trail VacationORDINANCE No. a~~~
Passed by the Common Council of the City of South Bend, Indiana
October 12, 19 98
Attest:
Arrest:
Presented by me to the Mayor of the City of South Bend, Indiana
City Clerk
President of Common Council
October 13, 19 98
City Clerk
Approved and signed by me
October 14,
l9 98
Mayor
ORDINANCE U ~ ~ J 1 0
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
A. Ingress-Egress Easement Release
A public ingress-egress easement to Southfield Subdivision off of Miami Highway
approximately 400 feet south of Kern Road
B. Forest View Trail Vacation: A street right-of--way called Forest View Trail off of
Meadow Trail located between lots 21A and 22A within Southfield Subdivision
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 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. Ingress-Egress Easement Release:
Commencing at the northwest corner of lot 3A, as shown on the plat of Southfield
Subdivision Section two, recorded in the office of the recorder of St. Joseph County, Indiana as
instrument number 9533302; thence north 89 deg. 40'-02" west on the south right of way line of
Ridge Trail, a distance of 191.11 feet to the point of be inning thence continuing north 89 deg.
40'-02" west, a distance of 82.46 feet; thence southwesterly on a curve to the left having a radius
of 170.00 feet, a delta of 90 deg. 19'-58" a chord distance of 241.11 feet bearing south 45 deg.
9'-59" west, an arc distance of 268.02 feet; thence south 00 deg. 00'-00" west, a distance of
55.92 feet; thence southwesterly on a curve to the right having a radius of 230.00 feet, a delta of
90 deg 00'-00", a chord distance of 325.26 feet bearing south 45 deg. 00'-00" west, an arc
distance of 361.28 feet; thence north 90 deg. 00'-00" west, a distance of 235.00 feet; thence
southwesterly on a curve to the left having a radius of 25.00 feet, a delta of 90 deg. 00' - 00", a
chord distance of 35.36 feet bearing south 45 deg. 00'-00" west, an arc distance of 39.27 feet to
the east right of way line of Miami Highway; thence north 00 deg. 00'-00"east on said east right
of way line, a distance of 110.00 feet; thence southeasterly on a curve to the left having a radius
of 25.0 feet, a delta of 90 deg. 00'-00", a chord distance of 35.36 feet bearing south 45 deg. 00'-
00" east, an arc distance of 39.27 feet; thence north 90 deg. 00'-00" east, a distance of 235.00
feet; thence northeasterly on a curve to the left having a radius of 170.00 feet, a delta of 90 deg.
00'-00", a chord distance of 240.42 feet bearing north 45 deg. 00'-00" east, an arc distance of
267.04 feet; thence north 00 deg. 00'-00" east, a distance of 55.92 feet; thence northeasterly on a
curve to the right having a radius of 230.00 feet, a delta of 90 deg. 19'-59", a chord distance of
326.21 feet bearing north 45 deg. 9'-59" east, an arc distance of 363.62 feet; thence south 89 deg.
40'-02" east, a distance of 82.46 feet; thence south 00 deg. 19'-58" west, a distance of 60.00 feet
to the point of beginning.
B. Forest View Trail:
Commencing at the northeast corner of lot 23, as shown on the plat of Southfield
subdivision section one "A," recorded in the office of the recorder of St. Joseph County, Indiana
as instrument number 9009723; thence northeasterly on a curve to the left having a radius of
Page 2
175.00 feet, a delta of OS deg. 34'-58", a chord distance of 17.05 feet bearing north 73 deg. 46'-
10" east, an arc distance of 17.05 feet to the point of beginningthence southeasterly on a curve
to the right having a radius of 25.00 feet, a delta of 74 deg. 11'-42", a chord distance of 30.16
feet bearing south 71 deg. 55'-28" east, an arc distance of 32.37 feet; thence south 34 deg. 49'-
37" east, a distance of 45.10 feet; thence north 55 deg. 10'-23" east, a distance of 50.00 feet;
thence north 34 deg. 49' - 37" west, a distance of 42.79 feet; thence northeasterly on a curve to
the right having a radius of 25.00 feet, a delta of 76 deg. 50'-31", a chord distance of 31.07 feet
bearing north 03 deg. 35'-39" east, an arc distance of 33.53 feet; thence southwesterly on a curve
to the left having a radius of 175.00 feet, a delta of 28 deg. 57'-44", a chord distance of 87.52
feet bearing south 56 deg. 29'-50" west, an arc distance of 88.46 feet to the point of beginning.
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.
SECTION III. The following property may be injuriously or beneficially affected by
such vacating:
Kev Number Lot Number Tax Number
Ingress-Egress Easement
23-1037 * 2073.06
23-1037 2A 2073.07
Forest View Trail
23-1058 21 3704
23-1058 22 3405
23-1037 * 2073.06
* = No lot number assigned.
SECTION IV: The purpose of the vacation of the real property is to:
A. The ingress-egress easement is to be released or vacated to align Ridge Trail with
Farmington Lane.
B. Forest View Trail is to be vacated at the request of the developer and abutting
landowners.
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 Common Council
B21/Ordinance.doc
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1 st READING 1-~D '~ D ~/
PUELIG HEARING ~~ ~l2 '9 a
3rd READING ~O , ~Z - CJ~
NOT APPROVED
REFERRED
PASSED / ~' ~2 -9X
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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.
85-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
(A) A PUBLIC INGRESS-EGRESS EASEMENT TO SOUTHFIELD
SUBDIVISION OFF OF MIAMI HIGHWAY APPROXIMATELY 400
FEET SOUTH OF KERN ROAD AND (B) A STREET RIGHT-OF-
WAY CALLED FOREST VIEW TRAIL OFF OF MEADOW TRAIL
LOCATED BETWEEN LOTS 21A AND 22A WITHIN SOUTHFIELD
SUBDIVISION
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommended to the Council favorably.
John Broden
Chairman
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA DATE: September 22, 1998
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE STREET DESCRIBED AS:
Ingress-egress easement from Miami Highway, running
east-west to Ridge Trail for a distance of approximately
450 feet.
Name (Printed and signed)
Address Lot #
I~-3~ 't~~~l~zc~
Contact Person:
Name: Stephen J. Benczik, P.E.
The Troyer Group, Inc.,
550 Union Street
Mishawaka, IN 46544
Phone: (219) 259-9976
Loretta J. Duda
City Clerk,
Room 455, County-City Building
South Bend, IN 46601
(219) 235-9221
SB/jmb
File: Pet-9-23b.doc
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PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA DATE: September 22, 1998
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE STREET DESCRIBED AS:
Forest View Trail, from Meadow Trail running north-south
to Meadow Trail for a distance of approximately 260 feet.
Name (Printed and signed)
L O R S• R oT/.l
Address
152 (o ~`'~oy~ TP~M [,
Lot #
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21
152 u'l~o~ ~~tc~
Contact Person:
Name: Stephen J. Benczik, P.E.
The Troyer Group, Inc.,
550 Union Street
Mishawaka, IN 46544
Phone: (219) 259-9976
Loretta J. Duda
City Clerk,
Room 455, County-City Building
South Bend, IN 46601
(219) 235-9221
SB/jmb
File: Pet-9-23.doc
KERN RD.
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SUB. SEC.
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INGRESS-EGRESS EASEMENT
COMMENCING AT THE NORTHWEST CORNER OF LOT 3A, AS SHOWN ON THE PLAT
OF SOUTHFIELD SUBDIVISION SECTION TWO, RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY, INDIANA AS INSTRUMENT NUMBER 9533302;
THENCE NORTH 89'-40'-02" WEST ON THE SOUTH RIGHT OF WAY LINE OF
RIDGE TRAIL, A DISTANCE OF 191.11 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89'-40'-02" WEST, A DISTANCE OF 82.46 FEET;
THENCE SOUTHWESTERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 170.00
FEET, A DELTA OF 90'-19'-58", A CHORD DISTANCE OF 241.11 FEET BEARING
SOUTH 45'-09'-59" WEST, AN ARC DISTANCE OF 268.02 FEET; THENCE SOUTH
00'-00'-00" WEST, A DISTANCE OF 55.92 FEET; THENCE SOUTHWESTERLY ON
A CURVE TO THE RIGHT HAVING A RADIUS OF 230.00 FEET, A DELTA OF
90'-00'-00", A CHORD DISTANCE OF 325.26 FEET BEARING SOUTH 45'--00'-00"
WEST, AN ARC DISTANCE OF 361.28 FEET; THENCE NORTH 90'-00'-00" WEST,
A DISTANCE OF 235.00 FEET; THENCE SOUTHWESTERLY ON A CURVE TO THE LEFT
HAVING A RADIUS OF 25.00 FEET, A DELTA OF 90'-00'-00", A CHORD DISTANCE
OF 35.36 FEET BEARING SOUTH 45'-00'-00" WEST, AN ARC DISTANCE OF 39.27
FEET TO THE EAST RIGHT OF WAY LINE OF MIAMI HIGHWAY; THENCE NORTH
00'-00'-00" EAST ON SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 110.00
FEET; THENCE SOUTHEASTERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 25.C
FEET, A DELTA OF 90'-00'-00", A CHORD DISTANCE OF 35.36 FEET BEARING
SOUTH 45'-00'-00" EAST, AN ARC DISTANCE OF 39.27 FEET• THENCE NORTH
90'-00'-00" EAST, A DISTANCE OF 235.00 FEET; THENCE NORTHEASTERLY ON A
CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET, A DELTA OF 90'-00'-00",
A CHORD DISTANCE OF 240.42 FEET BEARING NORTH 45'-00'-00" EAST, AN ARC
DISTANCE OF 267.04 FEET; THENCE NORTH 00'-00'-00" EAAST, A DISTANCE OF
55.92 FEET; THENCE NORTHEASTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS
OF 230.00 FEET, A DELTA OF 90'-19'-59", A CHORD DISTANCE OF 326.21 FEET
BEARING NORTH 45'-09'-59" EAST, AN ARC DISTANCE OF 363.62 FEET; THENCE
SOUTH 89'-40'-02" EAST, A DISTANCE OF 82.46 FEET; THENCE SOUTH 00'-19'-58"
WEST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
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23-1037
-2073.06
FOREST VIEW TRAI L
COMMENCING AT THE NORTHEAST CORNER OF LOT 23, AS SHOWN ON THE PLAT
OF SOUTHFIELD SUBDIVISION SECTION ONE "A", RECORDED IN THE OFFICE OF
THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AS INSTRUMENT NUMBER
9009723; THENCE NORTHEASTERLY ON A CURVE TO THE LEFT HAVING A RADIUS
OF 175.00 FEET, A DELTA OF 05'-34'-58", A CHORD DISTANCE OF 17.05
FEET BEARING NORTH 73'-46'-10" EAST, AN ARC DISTANCE OF 17.05 FEET
TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ON A CURVE TO THE
RIGHT HAVING A RADIUS OF 25.00 FEET, A DELTA OF 74'-11'-42", A CHORD
DISTANCE OF 30.16 FEET BEARING SOUTH 71'-55'-28" EAST, AN ARC
DISTANCE OF 32.37 FEET; THENCE SOUTH 34'-49'-37' EAST, A DISTANCE OF
45.10 FEET; THENCE NORTH 55'-10'-23" EAST, A DISTANCE OF 50.00
FEET; THENCE NORTH 34'-49'-37" WEST, A DISTANCE OF 42.79 FEET;
THENCE NORTHEASTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00
FEET, A DELTA OF 76'-50'-31", A CHORD DISTANCE OF 31.07 FEET BEARING
NORTH 03'-35'-39" EAST, AN ARC DISTANCE OF 33.53 FEET; THENCE
SOUTHWESTERLY ON A CURVE TO THE LEFT HAVING A RADIUS OF 175.00 FEET,
A DELTA OF 28'-57'-44", A CHORD DISTANCE OF 87.52 FEET BEARING
SOUTH 56'-29'-50" WEST, AN ARC DISTANCE OF 88.46 FEET TO THE
POINT OF BEGINNING.
1316 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1530
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
October 9, 1998
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Ingress-Egress Easement Release
Dear Members of the Council:
PHONE 219/235-9251
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 Ingress-Egress Easement Release, as follows:
See attached.
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 may be required.
Therefore, the Board submits to you a favorable recommendation concerning this vacation.
S~ncerely,
~.
Angela .Jacob, CI rk
Attachments
JAMES R. CALDWELL LEWIS N. POWELI.~ P.E. M. CATHERINE ROEMER