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Home My WebLink AboutVacation - Megan Beeler Drive ORDINANCE No. 00,590 Passed by the Common Council of the City of South Bend, Indiana January 26, 98 19 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana City Clerk President of Common Council January 27, 19 98 Approved and signed by me January 28 , 19 98 City Clerk Mayor • ORDINANCE NO. ~~ ~~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MEGAN BEELER DRIVE NORTH, FROM THE WEST LINE OF WEST CLEVELAND ROAD INDUSTRIAL PARK SECTION ONE SUBDIVISION, RUNNING (East) TO THE WESTERLY LINE OF MEGAN BEELER DRIVE, FOR A DISTANCE OF APPROXIMATELY 357 FEET. 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: MEGAN BEELER DRIVE NORTH, FROM THE WEST LINE OF WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION ONE SUBDIVISION, RUNNING (East) TO THE WESTERLY LINE OF MEGAN BEELER DRIVE, FOR A DISTANCE OF APPROXIMATELY 357 FEET AND BEING MORE PARTICULARLY DESCRIBED AS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: ALL OF MEGAN BEELER DRIVE NORTH, AN 80.00 FT. WIDE PUBLIC ROAD LYING ADJACENT TO LOTS 4 AND 5 WITHIN THE PLAT OF "WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION ONE" SUBDIVISION AS RECORDED BY DOCUMENT NO. 9746182 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE S. 89°-54'-29" E., 203.94 FT.; THENCE AROUND A 240.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 139.90 FT. TO THE END OF A CHORD WHICH BEARS S. 73°-12'-31" E. AND HAVING A DISTANCE OF 137.93 FT.; THENCE AROUND A 35.00 FT. RADIUS CURVE TO THE LEFT AN ARC, DISTANCE OF 39.21 FT. TO THE END OF A CHORD WHICH BEARS S. 88°-36'-06" E. AND HAVING A DISTANCE OF 37.19 FT. TO THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF MEGAN BEELER DRIVE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR THE NEXT THREE COURSES, AROUND A 60.00 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 101.66 FT. TO THE END OF A CHORD WHICH BEARS S. 10°-46'-02" W. AND HAVING A DISTANCE OF 89.93 FT. AND AROUND A 35.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 23.13 FT. TO THE END OF A CHORD WHICH BEARS S. 18°-50'-23" E. AND HAVING A DISTANCE OF 22.71 FT. AND S. 00°- 05'-31" W., 89.66 FT.; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 FOR THE NEXT TWO COURSES, AROUND A 160.00 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 251.33 FT. TO THE END OF A CHORD WHICH BEARS N. 44°- 54'-29" W. AND HAVING A DISTANCE OF 226.27 FT. AND N. 89°-54'-29" W., 203.94 FT. TO THE WEST LINE OF SAID SUBDIVISION; THENCE N. 00°-05'-33" E., 80.00 FT. 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 2 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 injuriously or beneficially affected by such vacating: Lot 4 West Cleveland Road Industrial Park, Section One Lot 5 West Cleveland Road Industrial Park, Section One Parcel Tax Key #: 04-1013-0207.04 25-1013-0207.04 SECTION IV. The purpose of the vacation of the real property is to: Provide for the more efficient use of the property located on either side of said vacated right-of-way. 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. ~C~. e,,.,,~,.._ Member of the Common Council 1st READING ~-~~ ~ l ~ p ~j PUBLIC HEARING ! -~(p r / d 'r3 rd READING !, ~(~ ~9 NOT APPROVED REFERRED ~ /~ J eASSEU f ~ OP' i- i^ii~c~ in Ci~rli's ®ffi~~ JAPE - 7 1998 L®RETT15d. Dll7~ GiTY CL@RK~ ~O. F?EPdD,13l. COMMITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 7-98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MEGAN BEELER DRIVE NORTH, FROM THE WEST LINE OF WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION ONE SUBDIVISION, RUNNING EAST TO THE WESTERLY LINE OF MEGAN BEELER DRIVE, FOR A DISTANCE OF APPROXIMATELY 357 FEET 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 (STREET) TO: THE COMMON COUNCIL DATE: January 5, 1998 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A). THE STREET DESCRIBED AS: MEGAN BEELER DRIVE NORTH, FROM THE WEST LINE OF WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION ONE SUBDIVISION, RUNNING (East) TO THE WESTERLY LINE OF MEGAN BEELER DRIVE, FOR A DISTANCE OF APPROXIMATELY 357 FEET AND BEING MORE PARTICULARLY DESCRIBED AS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: ALL OF MEGAN BEELER DRIVE NORTH, AN 80.00 FT. WIDE PUBLIC ROAD LYING ADJACENT TO LOTS 4 AND 5 WITHIN THE PLAT OF "WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION ONE" SUBDIVISION AS RECORDED BY DOCUMENT NO. 9746182 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE S. 89°-54'-29" E., 203.94 FT.; THENCE AROUND A 240.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 139.90 FT. TO THE END OF A CHORD WHICH BEARS S. 73°-12'-31" E. AND HAVING A DISTANCE OF 137.93 FT.; THENCE AROUND A 35.00 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 39.21 FT.~TO THE END OF A CHORD WHICH BEARS S. 88°-36'-06" E. AND HAVING A DISTANCE OF 37.19 FT. TO THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF MEGAN BEELER DRIVE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR THE NEXT THREE COURSES, AROUND A 60.00 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 101.66 FT. TO THE END OF A CHORD WHICH BEARS S. 10°-46'-02" W. AND HAVING A DISTANCE OF 89.93 FT. AND AROUND A 35.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 23.13 FT. TO THE END OF A CHORD WHICH BEARS S. 18°-50'-23" E. AND HAVING A DISTANCE OF 22.71 FT. AND S. 00°- 05'-31" W., 89.66 FT.; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 FOR THE NEXT TWO COURSES, AROUND A 160.00 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 251.33 FT. TO THE END OF A CHORD WHICH BEARS N. 44°- 54'-29" W. AND HAVING A DISTANCE OF 226.27 FT. AND N. 89°-54'-29" W., 203.94 FT. TO THE WEST LINE OF SAID SUBDIVISION; THENCE N. 00°-05'-33" E., 80.00 FT. TO THE POINT OF BEGINNING. NAME (Printed & Signedl ADDRESS LOT #/KEY # 1. BEELER & BROWN PROPERTIES 6910 UNIVERSITY GARDENS LOT 4 L.L.C. SUITE 17-Aj BOX 1 GRANGER, INDIANA 46530 ~~i~ r~ Y: JIM BROWN 2. DAVEY LLC Y: JIM BROWN 6910 UNIVERSITY GARDENS LOT 5 SUITE 17-A, BOX 1 GRANGER, INDIANA 46530 CONTACT PERSON- MICHAEL J. DANCH PEIRCE & ASSOCIATES, INC. 3231 SUGAR MAPLE COURT SOUTH BEND, IN. 46628 (219) 234-4003 LORETTA J. DUDA CITY CLERK ROOM 455, COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (219) 235-9221 ~i(~t~ !~ ~i~rl~"~ ~fYic~ LOFis:T7~1 J. DUD€ CITY CLEFIk, SO.6E~lD, I.I. i~/U .. / 1316 COUNTY-CITY I~UILDING SOUTH BGND~ INDIANA 46601-1830 PxoNE219/235-9251 Fax 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECICE, MAYOK BOARD OF hUBLIC V~IORKS Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Vacation of a Street Dear Members of the Council: /F^ gy~pp` QQ`~~ g {~ ~_gy_~_e-_^~.-m.. '~ d ~~~i.~i'0 ~i ~iL~r3 a.ors ~o0 i~~~6B'9'w" January 26, ~ 998 .lA~1 2 €~ 1993 ~....m~.v.~.~... cI;Y cl.~r:~:~ vo.c~t~n.~?t. In accordance with Municipal Code Section 18-53.8, a favorable recommendation is being submitted to the Common Council concerning the Vacation of a Street, as follows: Meghan Beeler Drive north, from the west line of West Cleveland Road Industrial park, Section One Subdivision, running (East) to the westerly line of Megan Beeler Drive, for a distance of approximately 357 feet. Mr. Caldwell advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Police Department, Fire Department, Area Plan Commission, Division of Engineering, Bureau of Sanitation and Department of Economic Development, subject to any utility easements. Therefore, the Board submits to you a favorable recommendation concerning this vacation. 'ncerely, '~ ~,~ Angel . Jaco , erk Attachments JAMES R. CALDWELL M. CATHERINE ROEMER