HomeMy WebLinkAboutVacation - Danch, Harner & Associates1316 COUNTY-CiTY Burr. DING
227 W. JFFFERSON BoULEVARD
Sou"ni WND. INMANA 46601-1930
CIT Y OF SOUTi-i BEND PET,,E BUTTIGIEG, MAY
BO,ARD OF PUBLIC
December 21, 2017
Michael Dancb
Danch, Harner & Associates, Inc,
1643, Commerce Drive
South Bend, IN 46628
PHONE 574/235-9251
FAX 574/ 235-9171
RE: Alley/Street Vacation — Western Avenue from Frances Street running East 175 feet, More or Less
and First North/South Alley East of Frances Street, between Western Avenue on the North and running
South of 198 feet, More or Less, to the First East/West Alley South of Western Avenue (Preliminary
Review)
Dear Mr. Danch:
The Board of Public Works, at its, December 21, 2017, meeting, reviewed comments by the Engineering
Division, Area Plan Commission, Community Investment, Fire Department, and the Solid Waste Division.
Per Indiana Code 36-7-3-13 criteria, all departments gave favorable recommendations regarding the vacation
of this street/alley.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this
alley/street.
Please contact Donna Hanson at (574) 235-,925,4 prior to pieldng up our 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/street vacation packet.
*in, rely,
L nda M. Mai -tin, Cl k
c: Federico Rodriguez, Fire Department
Donna Hanson, Engineering
Bianca Tirado, City Clerk's Office
GARY A. Gu,o,r SUZANNA M. FRITZBERG EiAZABETH A. MARADIK JAW's A. MUE[,LFR TIIER[;sE J. DORAU
1 65
DATE SENT: 912112017
TO: Pete Kaminski, Street Department
Mike Bronstetter, Solid Waste
I
Matt Longfellow, Engineering Department
'Chris Dressel, Community Investment
Federico Rodriguez, Fire Department
Larry Magliozzi, Area Plan Commission (Imagl'ioz@co.st-
joseph.in.us or 235-9813 fax)
Gene Eyster, Police Department
Phil Griffin, NIPSCO (pmqriffjn(Qnisource.com) (FYI Only)
FROM: Linda M. Martin, Clerk
SUBJECT: REQUEST FOR RECOMMENDATION — STREET/ALLEY
VACATION
APPLICANT: DHA-Mike Danch for Robert Henry Corp.
Street Vacatio n -Western Ave from Frances St running east
175 feet more or less.
LOCATION: Alley Vacation- The First N/S Alley E of Frances St,
Between Western Ave on the north and running south 198
ft. more or less to the First E/W Alley south of Western
Ave.
DATE DUE: October 3, 2017
FAX OR E-MAIL TO: 235-9171 / Imartin(&,southbondin,.go
lir
1. The vacation would/would not hinder the growth or orderly development of the
unit or neighborhood in which it is located or to which it is contiguous.
2. The vacation would/would not make access to the lands of the aggrieved person
by means of public way difficult or inconvenient.
3. The vacation would/would not hinder the public's access to a church, school or
other public building or place.
4. The, vacation would/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.
COMMENTS:
CITY OF SOUTFi BEND
DEPARTMENT OF PUBLIC WORKS
Street/Alley Vacation; Form
A
227 W. JEFFERSON BOULEVARD PHONE 574/ 235-9251
SUITE 1316 COUNTY -CITY BUILDING FAX 574/ 235-9171
SOUTH BEND, INDIANA 46601 TDD 574/ 235-5567
*THiS FORM MUST BE REVIEWED BY T11E CITY ENGWEERING DEPARTMEN'r PRIOR TO GRAN'11NG A RADIUIS MAP*
Submission Date:
9/21/17
Applicant Name:
Property Address:
DHA - Mike Danch Phone #: 574-234-4003
for Robert Henry Corp. Email: mdanch@danchharner.com
404 S. Frances, South Bend, IN
Applicant property information: E] Residential Commercial ❑ Industrial
Describe the general alley location with boundaries (ex.
Church PI, between E. Colfax Ave & E. (LaSalle Ave):
See Accompanyi I ng docs for description and map
Is your property adjacent to the alley of interest?
nE Yes ❑ No
Do you own all adjacent properties to the alley of interest?
El Yes Fol No
If no, use the attached table to provide the following information for all affected property owners: Name, Address, Consent
for the proposed alley vacation
Reason for street/alley vacation and proposed use:
See accompanying documents
Does the existing alley provide garage access to other property owners?
❑ Yes E] NOReq,Site visit
Does the alley receive daily traffic excluding your own use?
no Yes [] No
Would the vacation hinder public access to any of the following: a church, school, or any
other public building or place?
El Yes FBI No
OFFICE USE ONLY:
Board Recommendation for the proposed alley vacation: Yes No
/JA
Board of Public Works Authorized Signatures:
Version 1.0 [6/14/20161
1.0>"A0Je1
Danch, "arnerr Inc.
Land Surveyors M Professional Engineers
Landscape Architects err Land Planners
Office: 574 234-4003 / 800 594-4003 Fax: 574 234-4009
1643 Commerce Drive n South Bend, IN 46628
Honorable Members of the City of
South Bend Common Council
4"' Floor County -City Building
South Bend, Indiana 46601
September 12, 2017
RE: Street Vacation — Western Avenue from Frances .Street east 175 feet +/-, the
First North/South Alley east of Frances Street, between Western Avenue on the
North to the First East/West Alley south of Western Avenue, South Bend, Indian
Dear Council Members:
On behalf of our clients, we are requesting the approval of the Vacation for all the Public
Streets and Alleys known as Street Vacation — Western Avenue from Frances Street east 175 feet
+/-, the First North/South Alley east of Frances Street, between Western Avenue on the North to
the First East/West Alley south of Western Avenue, South Bend, Indiana.
The reason for this request is to allow for the future development of property adjacent to the
the proposed vacated streets and alleys.
If you have any questions concerning this matter, please feel free to give me a call at 234-
4003.
Sincerely,
Michael J. Danch
President
Danch, Harper & Associates
File No. 170209
MIADanch, Harner & Associates, Inc.
Michael J. Danch, L.A., ASLA
Ron Harner, P.S.
Board of Public Works
City of South Bend
13"' Floor County -City Building
South Bend, Indiana 46601
Land Surveyors • Professional Engineers
Landscape Architects • Land Planners
December 8, 2017
RE: Approval for Street Vacation — Western Avenue from Frances Street east 241 feet +/- to
Parry Street, the First North/South Alley east of Frances Street, between Western Avenue on the
North to the First East/West Alley south of Western Avenue, South Bend, Indiana:
Dear Board Members:
On behalf of out, clients, we are submitting additional information in their request for approval for
Street Vacation — Western Avenue from Frances Street east 241 feet +/- to Party Street, the First
North/South Alley cast of Frances Street, between Western Avenue on the North to the First East/West
Alley south of Western Avenue, South Bend, Indiana. Our understanding is that the Board in review of the
Vacation request, thought there may be an issue with access to Parry Street by the owners of the properties
located at 411 Party Street (Lot 3 of Parry's Addition, owner: Martin & Jose Cuellar) and at 415 Party
Street (Lot 6 of Parry's Addition, owner: Matthew Sisk & Jennifer Henecke). The Petitioner The Robert
Henry Corporation, aka Henry -Williams, Inc. contacted both of the property owners and working with the
Corporations' attorney created an ingress -egress easement document that has been recorded and which
easement runs with the properties, to allow for continued access to the proposed vacated alley located west
of the two properties so those owners can exit their properties to the west and then to the south to an existing
east -west public alley which provides access to Party Street.
The Petitioner would hope that providing this recorded document for an ingress -egress casement would
allow the Board to look favorably at the submitted vacation request.
If you have any questions concerning this Matter, please feel free to give the a call at 574-234-4003.
Sincerely,
M J. D"
Michael J. Danch - President
Danch, Harper & Associates, Inc.
File No. 170209
1643 Commerce Drive • South Bend, IN 46628 208 West Mars • Berrien Springs, MI 49103
Office: (574) 234-4003 / (800) 594-4003 • Fax: (574) 234-4119 Office: (269) 471-3010 • Fax: (269) 471-7237
IIIIlllAllltlllllflllil'
1733007
MAIL DEED TO:
HCORDrD AS PRESCN IED ON
12/04/2017 D8:59 AM
Edward W, Hardig, Esq.
MARY s>arri W1Gmswsi(T
ANDERSQN • AGDSTINO & KELLER, P.C.
5T, JUS(Wii COUNTY
131 Soutar Taylor Street
��sa: 9 FEES: 2 5,00
South Bend, lndiaira 46601
INGRESS AND EGRESS EASEMENT AGREEMENT
THIS INGRESS AND EGRESS EASEMENT AGREEMENT (this "Agreement") is entered into by and
between THE ROBERT HENRY CORPORATION, sometimes known as Henry -Williams Inc., having a mailing
address of 404 Frances St., South Bend, IN 46601 (hereinafter referred to as "Robert Henry Corporation"),
MATTHEW L. SISK AND JENNIFER HENECKE, joint tenants with right of survivorship, having a mailing
address of415 Parry St., South Bend, IN 46617 (hereinafter referred to as "Sisk-Henecke"), and JOSE CUELLAR
AND MARTIN CUELLAR, as joint tenants with right of survivorship, having a mailing address of 414 Parry St.,
South Bend, IN 46617 (hereinafter referred to as "Cuellar -Cuellar"), and each a "Party", and collectively the
"Parties".
WITNESSETH:
WHEREAS, Sisk-Henecke are the owners of the following real estate parcel, to -wit:
That part of the Southeast Quarters of Section 12, Township 37 North, Range 2 East,
Portage Township, City of South Bend, St. Joseph County, Indiana which is
described as: The east 5.28 feet (Rec, 8 Links) of the vacated alley adjacent to and
west of the following described parcel: Lot Number six (6) as said Lot is shown on
the recorded Plat of "Samuel Parry's 1st Addition to the City of South Bend" as
shown by Document Number 1872008 in the records of the St. Joseph County,
Indiana Recorder's Office.
outlined as Legend A on Exhibit "A", the ingress and egress diagram; and
WHEREAS, Cueller-Cuellar are the owners of the following real estate parcel, to -wit:
That part of the Southeast Quarters of Section 12, Township 37 North, Range 2 East,
Portage Township, City of South Bend, St. Joseph County, Indiana which is
described as: The east 5.28 feet (Rec 8 Links) of the vacated alley adjacent to and
west of the following described parcel: Lot Number three (3) as said Lot is shown on
the recorded Plat of "Samuel Parry's 1st Addition to the City of South Bend" as
12/01/2017
shown by Document Number 1872008 in the records of the St. Joseph County,
Indiana Recorder's Office,
outlined as Legend B 'on Exhibit "A", the ingress and egress diagram; and
WHEREAS, The Robert Henry Corporation is the owner of the following real estate parcel, to -wit;
That part of the Southeast Quarters of Section 12, Township 37 North, Range 2 East,
Portage Township, City of South Bend, St. Joseph County, Indiana which is
described as; The west 9.9 feet (Rec, 15 Links) of the vacated alley adjacent to and
east of the following described parcel; Lots Numbered one (1) and six (6) as said
Lots are shown on the recorded flat of "George Beck's 1st Addition to the City of
South Bend" as shown by Document Number 1869009 in the records of the St.
Joseph County, Indiana Recorder's Office
outlined as Legend C on Exhibit "A", the ingress and egress diagram; and
WHERE,AS, the Parties desire to enter into this Agreeniont whereby the parties, having ownership of parcels
adjoining each other grant to each other and their respective successors and assigns, agents, customers, employees,
licensees, invitees and lessees, the mutual, reciprocal, non-exchisive rights over, upon and across their respective
parcels hereinabove described for ingress and egress to and from the adjoining Parcels to and from the public rights -
of -way, but the easements granted herein are not intended nor shall be construed as creating any rights in and for
the benefit of the general public; and
WHERE,AS, the Parties hereto agree that they shall not suffer nor permit any fence, brush., structure of
barrier type of any kind to be installed on the common boundaries of the real estate parcels hereinabove described
owned by the Parties hereto and abutting each other's parcel, it being the express intent that the Parties desire that
each Party hereto and their successors and assigns, agents, customers, employees, licensees, invitees and lessees to
have the right across each parcel to and from each Party's parcel and to and from the public right of way; and
WHEREAS, each respective Party agrees, at its own expense, to pay the real estate taxes and assessments
on their respective real estate parcels and to maintain their respective real estate parcels in good order and repair.
12/01/2017 2
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows;
1. , RECITALS. The Whereas Recitals hereinabove set forth are a part of this Agreement for all
purposes.
2. Each Party hereto does herein grant and convey to each other Party forever and their successors and
assigns, agents, customers, employees, licensees, invitees and lessees aperpetual non-exclusive right and easement
for pedestrian and vehicular traffic on, to and across their respective parcels hereinabove described.
3.. Each Party shall, at their own expense, maintain their respective parcels. Each respeetive Party fturthe.r
agrees, at their own expense, to pay the real estate taxes and assessments on their respective parcels,
4Each Party further agrees that they will not suffer nor permit any fence, brush, structure of barrier
type of any kind to be installed on the common boundaries of the real estate parcels owned by the Parties hereto and
abutting the other parcels hereinabove described, it being the express intent that the Party tiser shall have rights on,
to and across the respective parcels to and from the public right of ways and to and from each respective parcel.
5. The easements granted in this Agreement ,and the associated benefit shall constitute covenants
running with the land described in the parcels above, The easements granted herein are not intended, however, to
and shall not create any rights in or for the benefit of the general public,
6. In the event of breach of any attempted or threatened breach of this Agreement, the remedy of
injunctive relief shall be available to the aggrieved Party because the inadegtiacy of legal remedies and the
irreparable harm which would be caused by any such breach.
7. All costs and expenses, including reasonable attorney's fees, incurred by the prevailing Party in any
dispute arising under or out of this Agreement shall be relnrbursed to the prevailing party. by the non -prevailing
Party.
8. Nothing in this Agreement is intended nor shall be construed to make the Parties hereto partners or
joint venturers or to render any of the Parties liable for the debts or obligations of the other.
t2/01/2017
9. No failure or delay on the pail of any Party in exercising any right, power or remedy hcreunder shall
operate as a waiver thereof, nor shall any singular or partial exercise of any right, power or remedy preclude any
other or further exercise thereof or the exercise of any other right, power or remedy,
10. The term of this Agreement shall be perpetual and this Agreement shall be construed in accordance
with the laws of the State of Indiana.
11, Sisk-Henecke is the owner of their parcel pursuant to Warranty, Deed recorded July 30, 20114 as
Document No, 1418223 in the Office of the Recorder of St, Joseph County, Indiana.
12. Cueller-Cuellar is the owner of their parcel pursuant to Warranty Deed recorded August 24, 2010
as Document No. 1022664 in the Office of the Recorder of St. Joseph County, Indiana.
13. Robert Henry Corporation, sometimes known as fleiuy-Williams Inc,, is the owner of their parcel
pursuant to two Warranty Dceds, recorded February 3, 1976 in Book 812, page 31 and recorded on February 26,
1985 as Document No. 8503301 in the Office of the Recorder of St. Joseph County, Indiana.
IN WITNESS WHERE, OF, the Parties have executed this Agreement on the date set opposite their names.
"ROBERT HENRY CORPORATION"
THE ROBERT HENRY CORPORATION,
sometimes known as Henty-Williams hie.
Date; December —� _, 2017
R'
{ 2/o 1017 4'
Date; December , 2017
Date: December ! , 2017
Date: December 6, 2017
Date; December b k '2017
12/01/2017
StA714JK-HL'1VLfCI ,"
"CUELLER-CULLLAR"
Ose Cuellar•
Martin Cuel ar
STATE OF INDIANA )
)SS.
COUNTY OF ST, JOSEPH )
Before nee, a Notary Public in and for said County and State, personally appeared Stephen R. Henry, the
President of The Robert Henry Corporation, who acknowledged the execution of the foregoing Ingress and Egress
Easement Agreement on behalf of said corporation, and who having been duly sworn, stated that the representations
therein contained are true,
WITNESS my hand and Notarial Seal this /a- day of December, 2017.
��av �1'
CAROL. B. DOYLE
SEANotary Pot3hr
w St. Joseph County, State of Indiana
My Commission Expi es: �k01ANI Commission Expires �larcit1 ff►, 2023
M2-3
12/01/2017
Signature of Notary 06lic
QD Lc
Typed/Printed Name of Notary Public
Residing in St, Joseph County, IN
STATE OF INDIANA )
) SS:
COUNTY OF ST, JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Mattlxew L. Sisk and
Jennifer Henecke, who acknowledged the execution of the foregoing Ingress and Egress Easennent Agreement and
stated that the representations hereinabove set forth are t1w and correct.
WITNESS my hand and Notarial Seal. this 1` '- day of Dccerniber, 2O IT
.""y PLO CAROL . B. DOYLE
Notary public
�EA St. Joseph County, $into of Indiana glnature of Wtary Public
o1a CemmisSIM Expires Much 4,1623 �� � � D My Commission Expir , ter Y Le
Typed/Printed Name of Notary Public
Residing in St. Joseph County, IN
12/01/2017 7
STATE OF INDIANA )
) SS:
COUNTY OF ST, JOSEPH )
Before rue, a Notary Public in and for said County and State, personally appeared Jose Cuellar and Martin
Cuellar, who acknowledged the execution of the foregoing Ingress and Egress Easement Agreement and stated that
the representations hereinabove set forth are true and correct,
WITNESS my hand and Notarial Seal this j`� day of December, 2017,
CAROL_ B, DOYLE
SEAL Notary Public ignature of
St. Joseph CHOP, Slate of Ind.Jona
�HDIRNP C,mmisslon Expires Marcii A,,2o23 E— tCOC_ lvly Commission Expire
ZI 2,02-3
Public
Y &C
Typed/Printed Nance of Notary Public
Residing in St. Joseph County, IN
The undersigned preparer of this document in accordance with IC 36-2-11-15(d) states;
I affirm, under the penalties for perjury, that I have taken reasonable care to redact cacti social sectirity
number in this doculner►t, unless required by law, Edward W. Hardig,
Ti-us INSTRUMENT PREPARRD BY: ED WARD W, HARDEG, A -roRNFY AT LAW
131 S, TAYLOR ST,, SODU-1 BEND, IN 46601
t2/01/2n17
EXHIBIT
INGRESS -EGRESS DIAGRAM
�E
MCI
dd,5,
11.0
A). Matthew Sisk & Jennifer Henecke, 415 Parry Street;
0j, Martln & dose Cuellar, 411 parry street;
Cj. Henry -Williams Inc, 404 Frances Street: 1
VACATED ALLEY
Raschelle Beckwith
From: Larry Magliozzi <LMAGLI0Z@sjcindiana.com>
Sent: Tuesday, December 19, 2017 9:19 AM
To: Raschelle Beckwith
Subject: RE: Request for Recommendation- Street/Alley Vacation-DHA-Mike Danch for Robert
Henry Corp -Update
have no objection to this petition.
-----Original Message -----
From: Raschelle Beckwith[mailto:rbeckwit@southbendin.gov]
Sent: Tuesday, December 19, 2017 8:26 AM
To: Larry Magliozzi <LMAGLIOZ@sjcindiana.com>; Chris Dressel <cdressel@southbendin.gov>; Matt Longfellow
<mlongfel@south bendin.gov>
Subject: FW: Request for Recommendation- Street/Alley Vacation-DHA-Mike Danch for Robert Henry Corp -Update
Please Provide Recommendation Today, this is revised.
-----Original Message -----
From: Raschelle Beckwith
Sent: Monday, December 11, 2017 8:54 AM
To: Matt Longfellow; Chris Dressel; `Imaglioz@co.st-joseph.in.us'
Subject: Request for Recommendation- Street/Alley Vacation-DHA-Mike Danch for Robert Henry Corp -Update
The Petitioners have signed the Ingress and Egress Easement Agreement.
-----Original Message -----
From: SouthBend
Sent: Monday, December 11, 2017 8:50 AM
To: Raschelle Beckwith
Subject: Message from "RNP002673DD3E73"
This E-mail was sent from "RNP002673DD3E73" (MP C6004).
Scan Date: 12.11.2017 08:49:30 (-0500)
Queries to: southbend@southbendin.gov
Raschelle Beckwith
From: Matt Longfellow
Sent: Tuesday, December 19, 2017 9:58 AM
To: Raschelle Beckwith
Cc: Toy Villa; Kara Boyles; Donna C. Hanson; Sue Ellen Doudrick; Chris Dressel
Subject: RE: Request for Recommendation- Street/Alley Vacation-DHA-Mike Danch for Robert
Henry Corp -Update
Attachments: engineering response.pdf
Engineering has no objections to this vacation now that an ingress/egress easement has been created between the
affected parties.
Regards,
Matt
-----Original Message -----
From: Raschelle Beckwith
Sent: Monday, December 11, 2017 8:52 AM
To: Matt Longfellow <mlongfel@southbendin.gov>; Chris Dressel <cdressel@southbendin.gov>; Imaglioz@co.st-
joseph.in.us
Subject: Request for Recommendation- Street/Alley Vacation-DHA-Mike Danch for Robert Henry Corp -Update
The Petitioners have signed the Ingress and Egress Easement Agreement.
-----Original Message -----
From: SouthBend
Sent: Monday, December 11, 2017 8:50 AM
To: Raschelle Beckwith
Subject: Message from "RNP002673DD3E73"
This E-mail was sent from "RNP002673DD3E73" (MP C6004).
Scan Date: 12.11.2017 08:49:30 (-0500)
Queries to: southbend@southbendin.gov
Raschelle Beckwith
From: Michael Divita
Sent: Tuesday, December 19, 2017 10:43 AM
To: Raschelle Beckwith
Cc: Tim Corcoran; Chris Dressel
Subject: RE: Request for Recommendation- Street/Alley Vacation-DHA-Mike Danch for Robert
Henry Corp -Update
Community Investment offers a favorable recommendation on this street/alley vacation request.
Michael Divita, AICP
.�.?:
Planner
Department of Community Investment
" �,'�•�
City of South Bend
227 W. Jefferson Blvd., Suite 14005
South Bend, IN 46601
(574)235-5843
mdivita@southbendin.gov
-----Original Message -----
From: Raschelle Beckwith
Sent: Tuesday, December 19, 2017 10:12 AM
To: Michael Divita <mdivita@south bend!n.gov>
Subject: FW: Request for Recommendation- Street/Alley Vacation-DHA-Mike Danch for Robert Henry Corp -Update
Michael,
Can you please respond for Community Investment? We need this done today.
-----Original Message -----
From: Raschelle Beckwith
Sent: Tuesday, December 19, 2017 8:26 AM
To: Matt Longfellow; Chris Dressel; 'Imaglioz@co.stjoseph.in.us'
Subject: FW: Request for Recommendation- Street/Alley Vacation-DHA-Mike Danch for Robert Henry Corp -Update
Please Provide Recommendation Today, this is revised.
-----Original Message -----
From: Raschelle Beckwith
Sent: Monday, December 11, 2017 8:54 AM
To: Matt Longfellow; Chris Dressel;'Imaglioz@cost joseph.in.us'
Subject: Request for Recommendation- Street/Alley Vacation-DHA-Mike Danch for Robert Henry Corp -Update
The Petitioners have signed the Ingress and Egress Easement Agreement.
-----Original Message -----
From: SouthBend
Sent: Monday, December 11, 2017 8:50 AM
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETS/ALLEYS)
To the Common Council Date: 9-12-17
of the City of South Bend, Indiana
We, the undersigned property owner(s), petition you to vacate:
1). Street Vacation ---- Western Avenue from Frances Street running east 175 feet more or less.
2). Alley Vacation — The First North/South Alley east of Frances Street, between Western
Avenue on the North and running south 198 feet more or less to the First East/West Alley
south of Western Avenue.
Tax Key Numbers owned by the Petitioners:
18-6006-0164.02 18-6008-0184 18-6008-0188 18-6008-0189 18-6008-0190 18-6013-0289
18-6013-0290 18-6013-0295 18-6013-0281 18-6013-0282 18-6013-0280
NAME (signed & print4 & ADDRESS
For- The Robert Henry Corporation
404 South Frances Street
South Bend, Indiana 46624
Office of the City Cleric
Kareemah Fowler, City Cleric
Room 455-County-City Building
South Bend, IN 46601
574-235-9221
For Henry -Williams, Inc.
404 South Frances Street
South Bend, Indiana 46624
CONTACT PERSON NAME:
Michael J. Danch
Danch, Harper & Associates, Inc.
1643 Commerce Drive
South Bend, Indiana 46628
e-mail: mdanch@danchharner.com
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES:
Street Vacation — Western Avenue from Frances Street east 175
feet +/-, the First North/South Alley east of Frances Street,
between Western Avenue on the North to the First East/West Alley
south of Western Avenue, South Bend, 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 properties:
1). Street Vacation ---- Western Avenue from Frances Street running east 175 feet more or less.
2). Alley Vacation — The First North/South Alley east of Frances Street, between Western
Avenue on the North and running south 198 feet more or less to the First East/West Alley
south of Western Avenue.
hereby determines that it is desirable to vacate said properties.
SECTION 11. 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 Tax Key Numbers may be injuriously or
beneficially affected by such vacating:
18-6006-0166 18-6006-0166.03 18-6006-0166.02 18-6008-0183 18-6006-0163 18-6008-0189
18-6006-0162 18-6006-0161 18-6006-0160 18-6006-0158 18-6006-0156 18-6008-0190
18-6006-0154 18-6006-0164.03 18-6006-0164.02 18-6006-0149 18-6006-0150 18-6013-0297
18-6006-0151 18-6006-0153 18-6006-0164.01 18-6013-0285 18-6013-0286 18-6013-0288
18-6013-0287.01 18-6013-0292 18-6013-0294 18-6013-0297 18-6013-0296 18-6013-0283
18-6013-0295 18-6013-0290 18-6013-0289 18-6008-0184 18-6008-0188 18-6013-0280
18-6013-0281 18-6013-0282
a
SECTION IV. The purpose of the vacation of the real properties is to vacate that portion
of all the Public Alleys and Streets in the described area to allow for the development of some of
the adjacent property.
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
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2017, at o'clock m.
City Clerk
Approved and signed by me on the day of , 2017, at
o'clock . In.
Mayor, City of South Bend, Indiana
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