HomeMy WebLinkAboutVacation - Utility and Walkway easement release of Lot 43 in Southfield Subdivision off of Miami Highway~ ~ ~
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ORDINANCE No.
December 16,
Passed by the Common Council of the City of South Bend, Indiana
8964-98
December 14, 19 98
Attest:
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
December 15,
19 98
City Clerk
Approved and signed by me
19 98
Mayor
~l ~~ n
.~. .
ORDINANCE g ~ ~ ~ - ~t g
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
Utility and Walkway Easement Release.
A public utility and walkway easement to Lot 43 in Southfield Subdivision off of Miami
Highway approximately 400 feet south of Kern Road is to be released or vacated.
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:
Utility and Walkway Easement Release.
Part of lot 43, Southfield subdivision Section One "A," recorded as instrument number
9009723 in the office of the recorder of St. Joseph County, Indiana described as follows:
Beginning at the southeast corner of Lot 43, Southfield Subdivision Section One "A,"
thence north 89 deg. - 40' - 02" west on the southerly line of said lot 43, a distance of
20.00 feet; thence south 48 deg. - 48' - 43" west on the southerly line of said lot 43, a
distance of 59.01 feet to the southwest corner of said lot 43; thence northwesterly on the
westerly line of said lot 43 and a curve to the right having a radius of 325.00 feet, a delta
of O1 deg. -19' - 21" a chord distance of 7.50 feet bearing north 40 deg. - 07' - 51"
west, an arc distance of 7.50 feet; thence north 48 deg. - 48' - 43" east, a distance of
61.71 feet; then south 89 degrees - 40' - 02" east, a distance of 22.87 feet to the easterly
line of said lot 43; thence south 00 deg. - 33' -15" west on said easterly line, a distance
of 7.50 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:
Key Number Lot Number Tax Number
23-1058 42 3425
23-1058 43 3426
23-1037 * 2073.06
23-1037 * 2073.39
* = No lot number assigned.
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SECTION IV: The purpose of the vacation of the real property is to:
Release a public walkway and utility easement to realign the west and south borders of
Lot No. 43.
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/Ord-11-17.doc
SB/jmb
1st READING f (~ -~g
PUBLIC HEARING ~ a_ t~_ Q g
3rd READING ~ a, _ ~ ~ - c~
NOT APPROVED
REFERRED
PASSED \ ~ - 1 ~-} _ ~ g'
Fil®d in Cferk's ~~fice
'~ Hov ~ 8 ~ss~
LOHETfA J. OUDA
l C1TYCl.E~>~.BEND~1~1.
/• ..
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
112-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
UTILITY AND WALKWAY EASEMENT RELEASE. A PUBLIC
UTILITY AND WALKWAY EASEMENT TO LOT 43 IN
SOUTHFIELD SUBDIVISION OFF OF MIAMI HIGHWAY
APPROXIMATELY 400 FEET SOUTH OF KERN ROAD
Respectfully report that they have examined the matter and that in their opinion, this bill has been
recommended to the Council favorably.
Charlotte Pfeifer
Chairman
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E- 38 ~~I~I~I~
~ 37 ~ ~ ~ ~ 39
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l ~, DEER 40
0
-3425
-3426
23-1058
-2073.39 43 ~ 42
23-1037 p 41
h -3424
61.71" - -----R---
0'
7.5' \ 5~. 1'
23-1037
-2073.06
Filed In Clerk's ®ffice
NOV 1 8 1998
LOpETTA J. DUDA
CITY CLERK, 80. BEND IN.
ART OF LOT 43, SOUTHFIELD SUBDIVISION SECTION ONE "A",RECORDED AS INSTRUMENT
UMBER 909723 IN THE OFFICE OF THE RECORDER OF ST. IOSEPH COUNTY, INDIANA. DESCRIBED
.S FOLLOW S:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 43, SOUTHFIELD SUBDIVISION SECTION ONE
"A"; THENCE N6RTH 89°-40'-02" WEST ON THE SOUTHERLY LINE OF SAID LOT 43, A DISTANCE OF
120.00 FEET, THENCE SOUTH 48°-48'-43" WEST ON THE SOUTHERLY LINE OF SAID LOT 43, A
DISTANCE OF 59.01 FEET TO THE SOUTHWEST CORNER OF SAID LOT 43;THENCE
NORTHWESTERLY ON THE WESTERLY LINE OF SAID LOT 43 AND ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 325.00 FEET,A DELTA OF O1°-19'-21", A CHORD DISTANCE OF 7.50 FEET
BEARING NORTH 40°-07'-S l" VJEST,AN ARC DISTANCE OF 7.50 FEET; THENCE NORTH 48°-48'-43"
EAST,A DISTANCE OF 61.71 FEET; THENCE SOUTH 89°-40'-02" EAST,A DISTANCE OF 22.87 FEET TO
THE EASTERLY LINE OF SAID LOT 43;THENCE SOUTH 00°-33'-15" WEST ON SAID EASTERLY LINE, A
DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING.
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA DATE: November 17, 1998
WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE UTILITY AND WALKWAY EASEMENT DESCRIBED AS:
A utility and walkway easement along the south line of Lot 43.
Name (Printed and signed)
~~ ,
! G
David Norm
Address Lot #
1360 Deerfield Court 43
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-11-17.doc
Fil®d in Clerk's Cffic~
N 011 1 9 1998
LOR@7'fA J. DUDA
CRY CLERK, ~O. Bf TID, inf.
1316 COUNTY-CITY BUILDING
SOUTFI BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
POARD OF PUBLIC WORKS
Members of the Common Council
Council Chambers
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Utility and Walkway Easement Release
Dear Members of the Council:
December 14, 1998
PHONE 219/235-9251
Fax 219/235-9171
TDD 2191235-5567
In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being
submitted to the Common Council concerning a Utility and Walkway 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 maybe required.
Therefore, the Board submits to you a favorable recommendation concerning this vacation.
Si rely,
o Lt t~j
Angela . Jacob, C rk
Attachments
JAMES R. CALDWELL LEWIS N. POWELL, P.E. M. CATHERINE ROEMER